========
LC004502/SUB A
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2016 -- H 7454 SUBSTITUTE A
S T A T E O F R H O D E I S L A N D
IN
GENERAL ASSEMBLY
JANUARY SESSION, A.D.
2016
A N A C T
MAKING APPROPRIATIONS FOR THE SUPPORT OF
THE
STATE
FOR
THE FISCAL YEAR ENDING JUNE 30,
2017
Introduced By: Representative Marvin L. Abney
Date Introduced: February 03, 2016
Referred To: House Finance
(Governor)
It is enacted
by the General Assembly as follows:
1 ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF
FY
2017
2 ARTICLE 2 RELATING TO PUBLIC FINANCE
MANAGEMENT BOARD
3 ARTICLE 3 RELATING TO MAKING IT EASIER TO DO BUSINESS IN
4 RHODE ISLAND
5 ARTICLE 4 RELATING TO GOVERNMENT ORGANIZATION
6 ARTICLE 5 RELATING TO CAPITAL
DEVELOPMENT PROGRAM
7 ARTICLE 6 RELATING TO DEBT MANAGEMENT ACT RESOLUTION
8 ARTICLE 7 RELATING TO HEALTH AND
HUMAN SERVICES
9 ARTICLE 8 RELATING TO MUNICIPALITIES
10 ARTICLE 9 RELATING TO DIVISION OF MOTOR VEHICLES
11 ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT
12 OF FY 2016
13 ARTICLE 11 RELATING TO STRENGTHENING NEIGHBORHOOD SCHOOLS
14 ARTICLE 12 RELATING TO BUDGET AND ACCOUNTS
15 ARTICLE 13 RELATING TO TAXES AND REVENUES
16 ARTICLE 14 RELATING TO CAREGIVERS/COMPASSION CENTERS
17 ARTICLE 15 RELATING TO LEASE AGREEMENT FOR LEASED OFFICE
AND
18 OPERATING SPACE
1 ARTICLE 16 RELATING TO CLEAN DIESEL PROGRAM
2 ARTICLE 17 RELATING TO COMMERCE
AND ECONOMIC DEVELOPMENT
3 ARTICLE 18 RELATING TO RENEWABLE ENERGY PROGRAMS
4 ARTICLE 19 RELATING TO
EFFECTIVE DATE
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art.001/6/001/5/001/4/001/3/001/2/001/1
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1 ARTICLE 1
2 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF
FY
2017
3 SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
4 in this act, the following general revenue amounts are hereby appropriated out of any money in
5 the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
6 2017. The amounts identified for federal funds and restricted receipts shall be made available
7 pursuant to
section 35-4-22 and Chapter 41
of Title 42
of the Rhode Island General Laws. For the
8 purposes
and functions
hereinafter mentioned,
the state
controller
is hereby authorized and
9 directed to
draw
his or her orders
upon the general treasurer for the payment of such sums or such
10 portions thereof as may be required from time to time upon receipt by him or her of properly
11 authenticated
vouchers.
12 Administration
13 Central Management General Revenues 2,660,785
14 Legal Services General Revenues 2,185,988
15 Accounts and
Control General Revenues 4,147,433
16 Office of Management and Budget
17 General Revenues 8,535,107
18 Restricted
Receipts 355,000
19 Other Funds 1,381,095
20 Total – Office of Management and Budget 10,271,202
21 Purchasing
22 General Revenues 2,860,722
23 Other Funds 232,640
24 Total – Purchasing 3,093,362
25 Human Resources
26 General Revenues 7,783,906
27 Federal Funds 784,618
28 Restricted
Receipts 487,070
29 Other Funds 1,486,706
30 Total – Human Resources 10,542,300
1 Personnel Appeal Board General Revenues 133,419
2 Information
Technology
3 General Revenues 21,840,562
4 Federal Funds 6,778,053
5 Restricted
Receipts 9,903,237
6 Other Funds 2,771,449
7 Total – Information Technology 41,293,301
8 Library and Information Services
9 General Revenues 1,342,819
10 Federal Funds 1,200,253
11 Restricted
Receipts 28
12 Total – Library and
Information
Services 2,543,100
13 Planning
14 General Revenues 1,341,758
15 Federal Funds 1,014,317
16 Other Funds
17 Air Quality Modeling 24,000
18 Federal Highway – PL Systems Planning 2,974,750
19 Total – Planning 5,354,825
20 General
21 General Revenues
22 General Revenues 50,000
23 Provided that this amount be allocated to City Year for the Whole School Whole Child
24 Program, which provides
individualized
support to at-risk students.
25 Torts –
Courts/Awards 400,000
26 State
Employees/Teachers Retiree Health Subsidy 2,321,057
27 Resource Sharing and
State Library Aid 9,362,072
28 Library Construction
Aid 2,223,220
29 RIPTA 900,000
30 Restricted
Receipts 421,500
31 Other Funds
32 Rhode Island Capital Plan Funds
33 Statehouse Renovations 700,000
34 DoIT Enterprise Operations Center 500,000
1 Cranston
Street Armory 1,500,000
2 Cannon Building 400,000
3 Pastore Center Rehab DOA Portion 6,783,000
4 Zambarano
Building Rehabilitation 3,785,000
5 Pastore Strategic Plan 1,325,500
6 Old
State
House 500,000
7 State
Office Building 1,670,000
8 Old
Colony House 100,000
9 William Powers Building 1,000,000
10 Pastore Center Utility Systems
Upgrade 2,878,000
11 Replacement of Fueling Tanks 400,000
12 Environmental Compliance 200,000
13 Big River Management Area 100,000
14 Washington County Government Center 500,000
15 Veterans Memorial Auditorium 245,000
16 Chapin
Health
Laboratory 2,362,000
17 Pastore Center Parking 900,000
18 Pastore Center Water Tanks and
Pipes 380,000
19 RI Convention Center Authority 1,000,000
20 Dunkin Donuts Center 2,787,500
21 Pastore Power Plant Rehabilitation 640,000
22 Virks
Building Renovations 14,505,000
23 Accessibility
– Facility Renovations 1,000,000
24 Total – General 61,838,849
25 Debt Service Payments
26 General Revenues 130,593,966
27 Out of the general revenue appropriations for debt service, the General Treasurer is
28 authorized to make payments for the I-195 Redevelopment District Commission loan up to the
29 maximum debt service due in
accordance with the loan agreement.
30 Federal Funds 2,235,315
31 Restricted
Receipts 111,453
32 Other Funds
33 COPS – DLT Building - TDI 127,677
34 Transportation
Debt Service 45,942,881
|
1
|
Investment Receipts – Bond Funds
|
100,000
|
|
2
|
Total - Debt Service Payments
|
179,111,292
|
3 Energy Resources
4 Federal Funds 397,040
5 Restricted
Receipts 12,520,976
6 Total – Energy Resources 12,918,016
7 Rhode Island
Health Benefits
Exchange
8 General Revenues 2,625,841
9 Federal Funds 1,177,039
10 Restricted
Receipts 8,580,747
11 Total – Rhode Island Health
Benefits Exchange 12,383,627
12 Construction
Permitting,
Approvals and
Licensing
13 General Revenues 1,823,455
14 Restricted
Receipts 1,440,520
15 Total –Approvals and Licensing 3,263,975
16 Office of Diversity,
Equity & Opportunity
17 General Revenues 1,294,640
18 Other Funds 92,993
19 Total – Office of Diversity,
Equity & Opportunity 1,387,633
20 Capital Asset Management and Maintenance
21 General Revenues 34,693,189
22 Federal Funds 1,310,071
23 Restricted
Receipts 443,424
24 Other Funds 4,412,913
25 Total – Capital Asset Management and Maintenance 40,859,597
26 Personnel and
Operational Reforms General Revenues (1,966,421)
27 Grand Total –
Administration 392,022,283
28 Business
Regulation
29 Central Management General Revenues 1,325,909
30 Banking Regulation
31 General Revenues 1,818,673
32 Restricted
Receipts 50,000
33 Total – Banking Regulation 1,868,673
34 Securities Regulation
|
1
|
General Revenues
|
1,079,028
|
|
2
|
Restricted
Receipts
|
15,000
|
|
3
|
Total – Securities Regulation
|
1,094,028
|
4 Insurance Regulation
5 General Revenues 3,993,494
6 Restricted
Receipts 1,792,566
7 Total – Insurance
Regulation 5,786,060
8 Office of the
Health Insurance Commissioner
9 General Revenues 1,149,061
10 Federal Funds 1,100,710
11 Restricted
Receipts 11,500
12 Total – Office of the
Health Insurance Commissioner 2,261,271
13 Board of Accountancy General Revenues 6,000
14 Commercial Licensing, Racing &
Athletics
15 General Revenues 638,207
16 Restricted
Receipts 2,306,661
17 Total – Commercial Licensing,
Racing &
Athletics 2,944,868
18 Boards for Design
Professionals General Revenues 273,080
19 Grand Total –
Business Regulation 15,559,889
20 Executive Office of Commerce
21 Central Management General Revenues 1,200,198
22 Housing and
Community
Development
23 General Revenues 617,205
24 Federal Funds 17,790,927
25 Restricted
Receipts 4,750,000
26 Total – Housing and Community Development 23,158,132
27 Quasi–Public
Appropriations
28 General Revenues
29 Rhode Island Commerce Corporation 7,394,514
30 Airport Impact Aid 1,025,000
31 Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
32 distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
33 the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
34 (40%) of the first $1,000,000 shall be distributed based on the share of landings during the
1 calendar year 2016 at North Central Airport, Newport-Middletown Airport, Block Island Airport,
2 Quonset
Airport, T.F.
Green
Airport and
Westerly
Airport,
respectively. The Rhode
Island
3 Commerce Corporation shall make an impact payment to the towns or cities in which the airport
4 is located based on this calculation. Each community upon which any parts of the above airports
5 are located shall receive at least $25,000.
6 STAC Research Alliance 1,150,000
7 Innovative Matching Grants/Internships 1,000,000
8 I-195 Redevelopment District Commission 761,000
9 Chafee Center at Bryant 376,200
10 Other Funds
11 Rhode Island Capital Plan Funds
12 I-195 Redevelopment District Commission 300,000
13 Quonset Piers 1,000,000
14 Total – Quasi–Public Appropriations 13,006,714
15 Economic Development Initiatives
Fund
16 General Revenues
17 Cluster Grants 500,000
18 Main Street RI Streetscape Improvements 1,000,000
19 Rebuild RI Tax
Credit Fund 25,000,000
20 First Wave Closing Fund 7,000,000
21 P-tech 1,200,000
22 Innovation Vouchers 1,500,000
23 Anchor Institution Tax Credits 700,000
24 Total – Economic
Development Initiatives Fund 36,900,000
25 Commerce Programs General Revenues 5,000,000
26 Grand Total –
Executive Office
of Commerce 79,265,044
27 Labor and Training
28 Central Management
29 General Revenues 120,134
30 Restricted
Receipts 529,314
31 Other Funds
32 Rhode Island Capital Plan Funds
33 Center General Asset Protection 1,905,000
1 Workforce
Development Services
2 General Revenues 704,517
3 Federal Funds 24,121,921
4 Restricted
Receipts 12,028,451
5 Other Funds 9,711
6 Total – Workforce Development Services 36,864,600
7 Workforce
Regulation and
Safety General Revenues 2,825,411
8 Income
Support
9 General Revenues 4,160,083
10 Federal Funds 14,329,659
11 Restricted
Receipts 2,475,000
12 Other Funds
13 Temporary Disability Insurance
Fund 186,953,678
14 Employment Security Fund 160,400,000
15 Total – Income Support 368,318,420
16 Injured Workers
Services Restricted Receipts 8,552,358
17 Labor Relations
Board General Revenues 402,491
18 Grand Total –
Labor and Training 419,517,728
19 Department of Revenue
20 Director of Revenue General Revenues 1,147,047
21 Office of Revenue Analysis
General Revenues 806,836
22 Lottery Division Lottery Funds 362,367,224
23 Municipal Finance General Revenues 3,241,887
24 Taxation
25 General Revenues 20,294,329
26 Federal Funds 1,343,291
27 Restricted
Receipts 930,267
28 Other Funds
29 Motor Fuel Tax Evasion 176,148
30 Temporary Disability Insurance
Fund 987,863
31 Total – Taxation 23,731,898
32 Registry of Motor Vehicles
33 General Revenues 20,518,390
1 All unexpended or unencumbered balances as of June 30, 2017 relating to license plate
2 reissuance are hereby reappropriated to
fiscal year 2018.
3 Federal Funds 802,076
4 Restricted
Receipts 4,094,763
5 Total – Registry of Motor Vehicles 28,565,229
6 State Aid
7 General Revenues
8 Distressed
Communities Relief Fund 12,384,458
9 Payment in
Lieu
of
Tax Exempt Properties 41,979,103
10 Motor Vehicle
Excise Tax Payments 10,000,000
11 Property Revaluation
Program 559,901
12 Restricted
Receipts 922,013
13 Total – State Aid 65,845,475
14 Grand Total –
Revenue 485,705,596
15 Legislature
16 General Revenues 41,352,730
17 Restricted
Receipts 1,696,572
18 Grand Total –
Legislature 43,049,302
19 Lieutenant Governor General Revenues 1,079,576
20 Secretary of State
21 Administration General Revenues 3,539,219
22 Corporations General Revenues 2,192,627
23 State Archives
24 General Revenues 133,721
25 Restricted
Receipts 516,519
26 Other Funds
27 Rhode Island Capital Plan Funds
28 State
Archives 100,000
29 Total – State Archives 750,240
30 Elections and Civics General Revenues 3,377,103
31 State Library
32 General Revenues 536,149
33 Provided that $125,000 be allocated to support the Rhode Island Historical Society pursuant
34 to
Rhode Island General Law,
Section 29-2-1
1 Office of Public
Information
2 General Revenues 484,232
3 Receipted Receipts 40,000
4 Total – Office of Public
Information 524,232
5 Grand Total –
Secretary of State 10,919,570
6 General
Treasurer
7 Treasury
8 General Revenues 2,507,779
9 Federal Funds 328,594
10 Other Funds
11 Temporary Disability Insurance
Fund 250,410
12 Tuition Savings
Program –
Admin 300,000
13 Total – General Treasurer 3,386,783
14 State Retirement System
15 Restricted
Receipts
16 Admin Expenses – State
Retirement System 8,228,881
17 Retirement – Treasury Investment Operations 1,544,396
18 Defined Contribution – Administration 68,373
19 Total – State Retirement System 9,841,650
20 Unclaimed Property Restricted Receipts 22,348,728
21 Crime
Victim Compensation Program
22 General Revenues 228,452
23 Federal Funds 624,287
24 Restricted
Receipts 1,130,533
25 Total – Crime Victim Compensation
Program 1,983,272
26 Grand Total –
General Treasurer 37,560,433
27 Board
of
Elections General Revenues 1,982,707
28 Rhode
Island Ethics Commission General Revenues 1,653,383
29 Office of Governor
30 General Revenues
31 General Revenues 4,841,069
32 Contingency Fund 250,000
33 Grand Total –
Office
of Governor 5,091,069
34 Commission for Human Rights
|
1
|
General Revenues
|
1,258,128
|
|
2
|
Federal Funds
|
323,295
|
|
3
|
Grand Total –
Commission for Human Rights
|
1,581,423
|
4 Public Utilities Commission
5 Federal Funds 104,669
6 Restricted
Receipts 8,822,304
7 Grand Total –
Public Utilities Commission 8,926,973
8 Office of Health
and
Human Services
9 Central Management
10 General Revenues 32,944,387
11 Federal Funds
12 Federal Funds 110,282,888
13 Federal Funds –
Stimulus 100,085
14 Restricted
Receipts 3,914,402
15 Total – Central Management 147,241,762
16 Medical Assistance
17 General Revenues
18 Managed
Care 294,797,721
19 Hospitals 94,223,146
20 Nursing Facilities 87,653,283
21 Home
and Community Based Services 33,104,210
22 Other Services 45,710,484
23 Pharmacy 57,379,065
24 Rhody Health 291,574,716
25 Federal Funds
26 Managed
Care 353,210,935
27 Hospitals 107,062,817
28 Nursing Facilities 97,557,413
29 Home
and Community Based Services 34,286,903
30 Other Services 429,645,177
31 Pharmacy (1,111,840)
32 Rhody Health 298,041,793
33 Special Education 19,000,000
34 Restricted
Receipts 9,615,000
1 Total – Medical Assistance 2,251,750,823
2 Grand Total –
Office
of Health and Human
Services 2,398,992,585
3 Children, Youth,
and
Families
4 Central Management
5 General Revenues 7,074,378
6 Federal Funds 2,808,145
7 Total – Central Management 9,882,523
8 Children's
Behavioral Health Services
9 General Revenues 5,004,800
10 Federal Funds 4,828,525
11 Other Funds
12 Rhode Island Capital Plan Funds
13 Various
Repairs and Improvements
to
Training School 250,000
14 Total – Children's Behavioral Health Services 10,083,325
15 Juvenile
Correctional Services
16 General Revenues 24,927,098
17 Federal Funds 281,367
18 Total – Juvenile
Correctional Services 25,208,465
19 Child Welfare
20 General Revenues 114,567,488
21 Federal Funds
22 Federal Funds 52,104,852
23 Federal Funds –
Stimulus 386,594
24 Restricted
Receipts 3,466,576
25 Other Funds
26 Rhode Island Capital Plan Funds
27 Youth
Group Homes –
Fire Code Upgrades 590,000
28 Total – Child Welfare 171,115,510
29 Higher Education
Incentive Grants
30 General Revenues 200,000
31 Grand Total –
Children, Youth, and
Families 216,489,823
32 Health
33 Central Management
34 Federal Funds 808,064
1 Restricted
Receipts 4,043,053
2 Total – Central Management 4,851,117
3 Community
Health and Equity
4 General Revenues 1,530,102
5 Federal Funds 74,019,207
6 Restricted
Receipts 30,434,862
7 Total – Community Health and
Equity 105,984,171
8 Environmental Health
9 General Revenues 5,169,143
10 Federal Funds 6,148,955
11 Restricted
Receipts 386,415
12 Total – Environmental Health 11,704,513
13 Health Laboratories and Medical Examiner
14 General Revenues 10,028,498
15 Federal Funds 2,129,140
16 Total – Health Laboratories and
Medical Examiner 12,157,638
17 Customer Services
18 General Revenues 6,363,621
19 Federal Funds 3,491,908
20 Restricted
Receipts 1,142,254
21 Total – Customer Services 10,997,783
22 Policy,
Information and
Communications
23 General Revenues 937,935
24 Federal Funds 1,629,319
25 Restricted
Receipts 581,225
26 Total – Policy,
Information and
Communications 3,148,479
27 Preparedness,
Response, Infectious Disease & Emergency
Services
28 General Revenues 1,902,523
29 Federal Funds 12,138,428
30 Total – Preparedness,
Response,
Infectious Disease &
31 Emergency Services 14,040,951
32 Grand Total - Health 162,884,652
33 Human
Services
34 Central Management
1 General Revenues
2 General Revenues 4,432,023
3 Of this amount $300,000
supports the Domestic Violence Prevention Fund to provide
4 direct services through the Coalition Against Domestic Violence, $300,000 for community
5 programs at the John Hope Settlement House, $250,000 to support Project Reach activities
6 provided by the RI Alliance of Boys and Girls Club, $217,000 for outreach and supportive
7 services through Day One, $175,000 for food collection and distribution through the Rhode
8 Island Community Food Bank and $300,000
for services provided to the homeless at Crossroads
9 Rhode Island.
10 Community Action Fund 520,000
11 This amount shall be used to
provide services
to individuals and
families through the
nine
12 community action agencies.
13 Federal Funds 4,155,192
14 Restricted
Receipts 520,844
15 Total – Central Management 9,628,059
16 Child Support Enforcement
17 General Revenues 3,314,623
18 Federal Funds 6,207,167
19 Total – Child
Support Enforcement 9,521,790
20 Individual and Family
Support
21 General Revenues 18,876,650
22 Federal Funds
23 Federal Funds 83,381,849
24 Federal Funds –
Stimulus 1,625,839
25 Restricted
Receipts 394,399
26 Other Funds
27 Intermodal Surface Transportation
Fund 4,428,478
28 Food
Stamp Bonus
Funding 500,000
29 Rhode Island Capital Plan Funds
30 Blind Vending Facilities 165,000
31 Total – Individual and Family Support 109,372,215
32 Office of Veterans' Affairs
33 General Revenues
34 General Revenues 20,504,694
1 Support services through Veterans’ Organization 200,000
2 Federal Funds 19,068,534
3 Restricted
Receipts 676,499
4 Total – Office Veterans' Affairs 40,449,727
5 Health Care Eligibility
6 General Revenues 8,527,641
7 Federal Funds 10,650,014
8 Total – Health Care Eligibility 19,177,655
9 Supplemental Security
Income
Program General Revenues 18,496,913
10 Rhode Island
Works
11 General Revenues 14,747,241
12 Federal Funds 78,203,704
13 Total – Rhode Island Works 92,950,945
14 State Funded Programs
15 General Revenues 1,582,800
16 Of this
appropriation,
$210,000
shall be used for hardship
contingency payments.
17 Federal Funds 282,085,000
18 Total – State Funded
Programs 283,667,800
19 Elderly
Affairs
20 General Revenues
21 General Revenues 5,447,200
22 Of this amount, $140,000 to provide elder services, including respite, through the
23 Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long
24 Term in accordance with RIGL 42-66.7 and $85,000 for security for housing for the elderly in
25 accordance with
RIGL 42-66.1-3.
26 Senior Center Support 400,000
27 Elderly Nutrition 610,000
28 Of this
amount, $530,000 is
for Meals on Wheels.
29 RIPAE 75,229
30 Care
and Safety of the
Elderly 1,300
31 Federal Funds 12,067,597
32 Restricted
Receipts 120,693
33 Total – Elderly Affairs 18,722,019
34 Grand Total –
Human
Services 601,987,123
1 Behavioral Healthcare,
Developmental Disabilities, and
Hospitals
2 Central Management
3 General Revenues 1,097,743
4 Federal Funds 597,685
5 Total – Central Management 1,695,428
6 Hospital and
Community
System Support
7 General Revenues 1,474,964
8 Federal Funds 789,226
9 Other Funds
10 Rhode Island Capital Plan Funds
11 Medical Center Rehabilitation 250,000
12 Community Facilities Fire Code 400,000
13 Total – Hospital and
Community System Support 2,914,190
14 Services for the Developmentally
Disabled
15 General Revenues 119,651,536
16 Federal Funds 124,135,783
17 Restricted
Receipts 1,755,100
18 Other Funds
19 Rhode Island Capital Plan Funds
20 DD Private Waiver 200,000
21 MR
Community Facilities/Access to Independence 500,000
22 Total – Services for the
Developmentally Disabled 246,242,419
23 Behavioral Healthcare Services
24 General Revenues 2,015,777
25 Federal Funds 17,235,690
26 Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse
27 Task Forces and $128,000 shall be expended on
NAMI of RI.
28 Restricted
Receipts 100,000
29 Other Funds
30 Rhode Island Capital Plan Funds
31 MH
Community Facilities Repair 200,000
32 MH
Housing Development Thresholds 800,000
33 Substance Abuse Asset Protection 100,000
34 Total – Behavioral Healthcare Services 20,451,467
1 Hospital and
Community
Rehabilitative Services
2 General Revenues 48,944,219
3 Federal Funds 50,280,372
4 Restricted
Receipts 6,580,724
5 Other Funds
6 Rhode Island Capital Plan Funds
7 Zambarano
Buildings
and
Utilities 386,000
8 Hospital Consolidation 1,000,000
9 Eleanor Slater HVAC/Elevators 5,837,736
10 MR
Community Facilities 1,000,000
11 Hospital Equipment 300,000
12 Total - Hospital and
Community Rehabilitative
Services 114,329,051
13 Grand Total –
Behavioral Healthcare, Developmental 385,632,555
14 Disabilities, and Hospitals
15 Office of the Child
Advocate
16 General Revenues 650,582
17 Federal Funds 145,000
18 Grand Total –
Office
of the Child
Advocate 795,582
19 Commission
on the
Deaf and Hard of Hearing
20 General Revenues 477,746
21 Restricted
Receipts 110,000
22 Grand Total –
Comm. On Deaf and
Hard of Hearing 587,746
23 Governor’s Commission on
Disabilities
24 General Revenues 412,547
25 Federal Funds 228,750
26 Restricted
Receipts 44,126
27 Total – Governor’s
Commission
on Disabilities 685,423
28 Office of the Mental Health Advocate General Revenues 542,009
29 Elementary and Secondary
Education
30 Administration
of
the Comprehensive Education
Strategy
31 General Revenues 20,055,594
32 Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
33 Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $245,000 be allocated
34 to support child opportunity zones through agreements with the department of elementary and
1 secondary education to strengthen education, health and social services for students and their
2 families
as
a strategy to
accelerate student achievement.
3 Federal Funds
4 Federal Funds 202,791,134
5 Federal Funds –
Stimulus 1,804,987
6 Restricted
Receipts 1,264,259
7 HRIC Adult Education Grants 3,500,000
8 Other Funds
9 Rhode Island Capital Plan Funds
10 State-Owned Warwick 350,000
11 State-Owned Woonsocket 1,950,000
12 Total – Admin.
of the
Comprehensive Ed. Strategy 231,715,974
13 Davies Career
and Technical School
14 General Revenues 12,590,093
15 Federal Funds 1,379,112
16 Restricted
Receipts 3,936,872
17 Other Funds
18 Rhode Island Capital Plan Funds
19 Davies HVAC 500,000
20 Davies Asset Protection 150,000
21 Total – Davies Career and Technical School 18,556,077
22 RI School for the
Deaf
23 General Revenues 6,326,744
24 Federal Funds 254,320
25 Restricted
Receipts 785,791
26 Other Funds
27 RI School for the
Deaf Transformation Grants 59,000
28 Total – RI School
for the Deaf 7,425,855
29 Metropolitan Career and Technical School
30 General Revenues 9,342,007
31 Other Funds
32 Rhode Island Capital Plan Funds
33 MET
Asset Protection 100,000
34 MET School HVAC 1,000,000
1 Total – Metropolitan
Career and Technical School 10,442,007
2 Education Aid
3 General Revenues 845,855,695
4 Restricted
Receipts 20,700,072
5 Other Funds
6 Permanent School Fund – Education
Aid 600,000
7 Total – Education
Aid 867,155,767
8 Central Falls School District General Revenues 39,100,578
9
10 School Construction Aid
11 General Revenues
12 School Housing Aid 70,907,110
13 School Building Authority Fund 9,092,890
14 Total – School Construction Aid 80,000,000
15 Teachers' Retirement General Revenues 99,076,582
16 Grand Total –
Elementary and Secondary Education 1,353,472,840
17 Public Higher Education
18 Office of the
Postsecondary Commissioner
19 General Revenues 6,298,407
20 Provided that $355,000 shall be allocated to Rhode Island Children’s Crusade pursuant to Rhode
21 Island General Law, Section 16-70-5 and that $30,000 shall be allocated to Best Buddies Rhode
22 Island
to support its programs for children
with
developmental and intellectual disabilities.
23 Federal Funds
24 Federal Funds 9,445,218
25 WaytogoRI Portal 863,629
26 Guaranty Agency Operating Fund-Scholarships &
Grants 4,000,000
27 Restricted
Receipts 361,925
28 Other Funds
29 Tuition Savings
Program –
Dual Enrollment 1,300,000
30 Tuition Savings
Program –
Scholarships &
Grants 6,095,000
31 Rhode Island Capital Plan Funds
32 Westerly Campus 2,000,000
33 Total – Office of the
Postsecondary Commissioner 30,364,179
34 University of Rhode
Island
1 General Revenues
2 General Revenues 75,616,226
3 Provided that in order to leverage federal funding and support economic development,
4 $250,000 shall be allocated to the Small Business Development Center and $250,000 shall be
5 allocated to the Polaris Manufacturing Extension Program, and that $50,000 shall be allocated to
6 Special Olympics Rhode Island to support its mission of providing athletic opportunities for
7 individuals
with
intellectual and developmental disabilities.
8 The University shall not decrease internal student financial aid in the 2016 –
2017
9 academic year below the level of the 2015 – 2016 academic year. The President of the institution
10 shall report, prior to the commencement of the 2016 – 2017 academic year, to the chair of the
11 Council on Postsecondary Education that such tuition charges and student aid levels have been
12 achieved
at the start of FY 2017
as prescribed
above.
13 Debt Service 13,182,679
14 RI State Forensics
Laboratory 1,071,393
15 Other Funds
16 University and College
Funds 649,629,440
17 Debt –
Dining Services 1,106,597
18 Debt –
Education and General 3,786,661
19 Debt –
Health
Services 146,167
20 Debt –
Housing Loan
Funds 11,751,883
21 Debt – Memorial Union 319,976
22 Debt –
Ryan
Center 2,789,719
23 Debt –
Alton Jones
Services 102,946
24 Debt –
Parking Authority 1,042,907
25 Debt –
Sponsored Research 85,105
26 Debt –
Restricted Energy Conservation 810,170
27 Debt –
URI
Energy Conservation 2,021,187
28 Rhode Island Capital Plan Funds
29 Asset Protection 13,556,000
30 URI Shephard
Building Upgrades 95,000
31 URI/RIC Nursing EDU Center Program Planning 200,000
32 Total – University of Rhode Island 777,314,056
33 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
34 unencumbered balances as of June 30, 2016 relating to the University of Rhode Island are hereby
1 reappropriated
to
fiscal year 2017.
2 Rhode Island
College
3 General Revenues
4 General Revenues 46,946,330
5 Rhode Island College shall not decrease internal student financial aid in the 2016 – 2017
6 academic year below the level of the 2015 – 2016 academic year. The President of the institution
7 shall report, prior to the commencement of the 2016 – 2017 academic year, to the chair of the
8 Council of Postsecondary Education that such tuition charges and student aid levels have been
9 achieved
at the start of FY 2017
as prescribed
above.
10 Debt Service 2,565,254
11 Other Funds
12 University and College
Funds 125,192,812
13 Debt –
Education and General 880,568
14 Debt –
Housing 368,195
15 Debt –
Student Center and Dining 154,068
16 Debt –
Student Union 235,656
17 Debt –
G.O.
Debt Service 1,644,459
18 Debt Energy Conservation 256,275
19 Rhode Island Capital Plan Funds
20 Asset Protection 5,357,700
21 Infrastructure Modernization 3,000,000
22 Total – Rhode Island College 186,601,317
23 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
24 unencumbered
balances as
of
June
30,
2016
relating to
Rhode Island College are
hereby
25 reappropriated
to
fiscal year 2017.
26 Community
College of Rhode Island
27 General Revenues
28 General Revenues 48,936,035
29 The Community College of Rhode Island shall not decrease internal student financial aid
30 in the 2016 – 2017 academic year below the level of the 2015 – 2016 academic year. The
31 President of the institution shall report, prior to the commencement of the 2016 – 2017 academic
32 year, to the chair of the Council of Postsecondary Education that such tuition charges and student
33 aid levels have been achieved at the start of FY 2017 as
prescribed
above.
34 Debt Service 1,691,204
1 Restricted
Receipts 660,795
2 Other Funds
3 University and College
Funds 107,824,292
4 CCRI Debt Service – Energy Conservation 807,225
5 Rhode Island Capital Plan Funds
6 Asset Protection 3,032,100
7 Knight Campus
Renewal 4,000,000
8 Total – Community College of RI 166,951,651
9 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
10 unencumbered balances as of June 30, 2016 relating to the Community College of Rhode Island
11 are hereby reappropriated to
fiscal year 2017.
12 Grand Total –
Public Higher Education 1,161,231,203
13 RI State Council on the Arts
14 General Revenues
15 Operating Support 786,884
16 Grants 1,165,000
17 Provided that $375,000 be provided to support the operational costs of WaterFire Providence art
18 installations.
19 Federal Funds 775,454
20 Other Funds 303,200
21 Grand Total –
RI
State Council on the Arts 3,030,538
22 RI Atomic Energy Commission
23 General Revenues 981,100
24 Federal Funds 32,422
25 Other Funds
26 URI Sponsored
Research 269,527
27 Rhode Island Capital Plan Funds
28 RINSC Asset Protection 50,000
29 Grand Total –
RI
Atomic
Energy Commission 1,333,049
30 RI Historical Preservation
and Heritage Commission
31 General Revenues 1,202,559
32 Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration
33 activities.
34 Federal Funds 1,093,966
1 Restricted
Receipts 427,175
2 Other Funds
3 RIDOT –
Project Review 79,998
4 Grand Total - RI Historical Preservation
and Heritage
Comm. 2,803,698
5 Attorney General
6 Criminal
7 General Revenues 15,675,925
8 Federal Funds 1,692,545
9 Restricted
Receipts 6,637,954
10 Total – Criminal 24,006,424
11 Civil
12 General Revenues 5,135,543
13 Restricted
Receipts 916,302
14 Total – Civil 6,051,845
15 Bureau of Criminal Identification General Revenues 1,758,215
16 General
17 General Revenues 3,026,299
18 Other Funds
19 Rhode Island Capital Plan Funds
20 Building Renovations and Repairs 300,000
21 Total – General 3,326,299
22 Grand Total –
Attorney General 35,142,783
23 Corrections
24 Central Management General Revenues 10,179,627
25 Parole Board
26 General Revenues 1,338,481
27 Federal Funds 14,006
28 Total – Parole
Board 1,352,487
29 Custody
and Security
30 General Revenues 135,057,240
31 Federal Funds 571,759
32 Total – Custody and Security 135,628,999
33 Institutional Support
34 General Revenues 15,822,911
1 Other Funds
2 Rhode Island Capital Plan Funds
3 Asset Protection 3,750,000
4 Maximum –
General Renovations 1,300,000
5 New Gloria McDonald 150,000
6 Dix
Building Renovations 750,000
7 ISC Exterior Envelope
and
HVAC 1,700,000
8 Medium Infrastructure 4,000,000
9 Correctional Facilities Study 250,000
10 Total – Institutional Support 27,722,911
11 Institutional Based Rehab./Population Management
12 General Revenues 11,599,533
13 Federal Funds 527,398
14 Restricted
Receipts 44,023
15 Total – Institutional Based Rehab/Population Mgt. 12,170,954
16 Healthcare Services General Revenues 21,909,573
17 Community
Corrections
18 General Revenues 16,100,141
19 Provided
that
$250,000 be
allocated
to Crossroads
Rhode Island for
sex offender
20 discharge planning.
21 Federal Funds 16,845
22 Restricted
Receipts 16,118
23 Total – Community Corrections 16,133,104
24 Grand Total –
Corrections 225,097,655
25 Judiciary
26 Supreme Court
27 General Revenues
28 General Revenues 27,510,065
29 Provided however, that no more than $1,056,438 in combined total shall be offset to the
30 Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the
31 Department of Children Youth and Families, and the Department of Public Safety for square-
32 footage occupancy costs in public courthouses and further provided that $230,000 be allocated to
33 the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy
34 project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to
1 Rhode Island Legal Services,
Inc. to provide housing and
eviction
defense to indigent individuals.
2 Defense of Indigents 3,784,406
3 Federal Funds 128,933
4 Restricted
Receipts 3,076,384
5 Other Funds
6 Rhode Island Capital Plan Funds
7 Judicial HVAC 900,000
8 Judicial Complexes Asset Protection 875,000
9 Licht Judicial Complex Restoration 750,000
10 Noel Shelled Courtroom Build
Out 3,000,000
11 Total - Supreme
Court 40,024,788
12 Judicial Tenure and Discipline General Revenues 124,865
13 Superior Court
14 General Revenues 22,807,060
15 Federal Funds 51,290
16 Restricted
Receipts 371,741
17 Total – Superior Court 23,230,091
18 Family Court
19 General Revenues 21,495,610
20 Federal Funds 2,770,714
21 Total – Family Court 24,266,324
22 District Court
23 General Revenues 12,315,905
24 Federal Funds 303,154
25 Restricted
Receipts 138,045
26 Total - District Court 12,757,104
27 Traffic Tribunal General Revenues 9,018,180
28 Workers' Compensation
Court Restricted Receipts 8,096,017
29 Grand Total – Judiciary 117,517,369
30 Military
Staff
31 General Revenues 2,659,719
32 Federal Funds 17,497,797
33 Restricted
Receipts
34 RI Military Family Relief Fund 300,000
1 Counter Drug Asset Forfeiture 37,300
2 Other Funds
3 Rhode Island Capital Plan Funds
4 Armory of Mounted
Command
Roof Replacement 357,500
5 Asset Protection 700,000
6 Bristol Readiness Center 125,000
7 Joint Force Headquarters Building 1,500,000
8 Grand Total –
Military Staff 23,177,316
9 Public Safety
10 Central Management
11 General Revenues 1,407,618
12 Federal Funds 5,398,633
13 Total – Central Management 6,806,251
14 E-911 Emergency
Telephone System General Revenues 5,699,440
15 State Fire Marshal
16 General Revenues 3,248,953
17 Federal Funds 425,169
18 Restricted
Receipts 195,472
19 Other Funds
20 Quonset Development Corporation 62,294
21 Rhode Island Capital Plan Funds
22 Fire Academy 1,215,000
23 Total – State Fire Marshal 5,146,888
24 Security
Services General Revenues 23,162,912
25 Municipal Police Training Academy
26 General Revenues 263,746
27 Federal Funds 222,395
28 Total – Municipal Police Training Academy 486,141
29 State Police
30 General Revenues 65,659,479
31 Federal Funds 3,246,194
32 Restricted
Receipts 4,256,598
33 Other Funds
34 Lottery Commission
Assistance 1,611,348
|
1
|
Airport Corporation Assistance
|
212,221
|
|
2
|
Road
Construction Reimbursement
|
2,934,672
|
|
3
|
Rhode
Island
Capital Plan Funds
|
|
|
4
|
DPS Asset Protection
|
250,000
|
|
5
|
Wickford Barracks
Renovations
|
500,000
|
|
6
|
Total – State Police
|
78,670,512
|
|
7
|
Grand Total –
Public Safety
|
119,972,144
|
8 Emergency Management Agency
9 General Revenues 1,848,876
10 Federal Funds 20,094,466
11 Restricted
Receipts 861,046
12 Other Funds
13 Rhode Island Capital Plan Funds
14 Emergency Management Building 189,750
15 RI State Communications Network System 1,000,000
16 Grand Total –
Emergency Management 23,994,138
17 Office of Public
Defender
18 General Revenues 11,784,382
19 Federal Funds 112,820
20 Grand Total –
Office
of Public Defender 11,897,202
21 Environmental Management
22 Office of the
Director
23 General Revenues 5,165,334
24 Provided that $200,000 be allocated to the Town of North Providence for its drainage
25 remediation project.
26 Restricted
Receipts 3,901,548
27 Total – Office of the
Director 9,066,882
28 Natural Resources
29 General Revenues 21,124,014
30 Federal Funds 20,047,496
31 Restricted
Receipts 6,121,231
32 Other Funds
33 DOT Recreational Projects 909,926
34 Blackstone Bikepath
Design 2,059,579
|
1
|
Transportation MOU
|
78,350
|
|
2
|
Rhode Island Capital Plan Funds
|
|
|
3
|
Dam Repair
|
1,230,000
|
|
4
|
Fort Adams
America’s Cup
|
1,400,000
|
|
5
|
Recreational Facilities
Improvements
|
3,100,000
|
|
6
|
Galilee Piers Upgrade
|
250,000
|
|
7
|
Newport Piers
|
187,500
|
|
8
|
Fish &
Wildlife Maintenance Facilities
|
150,000
|
|
9
|
Blackstone Valley Bike Path
|
300,000
|
|
10
|
Natural Resources Office/Visitor’s
Center
|
3,500,000
|
|
11
|
Marine Infrastructure/Pier Development
|
100,000
|
|
12
|
State
Recreation
Building Demolition
|
100,000
|
|
13
|
Fort Adams
Rehabilitation
|
300,000
|
|
14
|
Total – Natural Resources
|
60,958,096
|
15 Environmental Protection
16 General Revenues 13,917,429
17 Federal Funds 9,681,296
18 Restricted
Receipts 8,959,177
19 Other Funds
20 Transportation MOU 164,734
21 Total – Environmental Protection 32,722,636
22 Grand Total –
Environmental Management 102,747,614
23 Coastal Resources
Management Council
24 General Revenues 2,452,438
25 Federal Funds 4,148,312
26 Restricted
Receipts 250,000
27 Other Funds
28 Rhode Island Capital Plan Funds
29 South
Coast Restoration
Project 321,775
30 RI Coastal Storm Risk Study 150,000
31 Grand Total –
Coastal Resources Mgmt. Council 7,322,525
32 Transportation
33 Central Management
1 Other Funds
2 Gasoline Tax 2,593,920
3 Total – Central Management 9,204,542
4 Management and
Budget
5 Other Funds – Gasoline Tax 3,009,298
6 Infrastructure Engineering
- GARVEE/Motor
Fuel
Tax Bonds
7 Federal Funds
8 Federal Funds 260,384,515
9 Federal Funds –
Stimulus 5,414,843
10 Restricted
Receipts 180,219
11 Other Funds
12 Gasoline Tax 72,131,457
13 Land
Sale
Revenue 2,500,000
14 Rhode Island Capital Funds
15 RIPTA Land
and Buildings 120,000
16 Highway
Improvement Program 27,200,000
17 Total - Infrastructure
Eng. – Garvee/Motor Fuel Tax
Bonds 367,931,034
18 Infrastructure Maintenance
19 Other Funds
20 Gasoline Tax 12,846,800
21 Non-Land Surplus
Property 50,000
22 Outdoor Advertising 100,000
23 Rhode Island Highway Maintenance Account 79,792,727
24 Rhode Island Capital Plan Funds
25 Maintenance Facilities
Improvements 400,000
26 Salt Storage Facilities 1,000,000
27 Portsmouth Facility 2,273,444
28 Maintenance - Equipment Replacement 1,500,000
29 Train Station Maintenance and Repairs 350,000
30 Total – Infrastructure Maintenance 98,312,971
31 Grand Total – Transportation 478,457,845
32 Statewide
Totals
33 General Revenues 3,684,512,867
1 Restricted
Receipts 257,000,390
2 Other Funds 2,040,921,480
3 Statewide Grand Total 8,939,710,393
4 SECTION
2.
Each
line appearing in
Section 1 of
this Article
shall
constitute
an
5 appropriation.
6 SECTION 3. Upon the transfer of any function of a department or agency to another
7 department or agency, the Governor is hereby authorized by means of executive order to transfer
8 or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
9 thereby.
10 SECTION 4. From the appropriation for contingency shall be paid such sums as may be
11 required at the discretion of the Governor to fund expenditures for which appropriations may not
12 exist. Such contingency funds may also be used for expenditures in the several departments and
13 agencies where appropriations are insufficient, or where such requirements are due to unforeseen
14 conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
15 for the payment of bills incurred due to emergencies or to any offense against public peace and
16 property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
17 amended. All expenditures and
transfers from this account shall be approved
by the Governor.
18 SECTION 5. The general assembly authorizes the state controller to establish the
internal
19 service accounts shown below, and no other, to finance and account for the operations of state
20 agencies that provide services to other agencies, institutions and other governmental units on a
21 cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
22 managed in a businesslike manner, promote efficient use of services by making agencies pay the
23 full costs associated with providing the services, and allocate the costs of central administrative
24 services across all fund types, so that federal and other non-general fund programs share in the
25 costs of general government support. The controller is authorized to reimburse these accounts for
26 the cost
of
work
or services performed
for any other
department
or
agency
subject to
the
27 following expenditure limitations:
28 Account Expenditure Limit
29 State
Assessed Fringe
Benefit Internal Service Fund 41,699,269
30 Administration
Central Utilities Internal Service Fund 14,900,975
31 State
Central Mail Internal Service Fund 6,190,285
32 State Telecommunications Internal Service Fund 3,017,521
33 State
Automotive Fleet Internal Service
Fund 12,543,165
34 Surplus Property Internal Service Fund 2,500
1 Health Insurance Internal Service Fund 251,723,462
2 Other Post-Employment Benefits
Fund 63,934,483
3 Capitol Police Internal Service Fund 1,172,421
4 Corrections Central Distribution
Center Internal Service Fund 7,094,183
5 Correctional Industries Internal Service Fund 7,304,210
6 Secretary of State Record
Center Internal Service Fund 907,177
7 SECTION 6. The General Assembly may provide a written "statement of legislative
8 intent" signed by the chairperson of the House Finance Committee and by the chairperson of the
9 Senate Finance Committee to show the intended purpose of the appropriations contained in
10 Section 1 of this Article. The statement of legislative intent shall be kept on file in the House
11 Finance
Committee
and in the
Senate
Finance Committee.
12 At least twenty (20) days prior to the issuance of a grant or the release of funds, which
13 grant or funds are listed on the legislative letter of intent, all department, agency and corporation
14 directors, shall notify
in writing the
chairperson
of the
House
Finance Committee
and
the
15 chairperson of the Senate Finance Committee of the approximate date when the funds are to be
16 released or granted.
17 SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
18 appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all
19 funds required to be disbursed for the benefit payments from the Temporary Disability Insurance
20 Fund and Temporary Disability Insurance Reserve
Fund for the fiscal year ending June 30, 2017.
21 SECTION
8.
Appropriation
of
Employment Security Funds --
There
is hereby
22 appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to
23 be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending
24 June
30, 2017.
25 SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to
26 the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes
27 of paying commissions or transfers to
the
prize fund for the fiscal year ending June 30, 2017.
28 SECTION
10.
Departments and
agencies listed
below may not exceed the
number of full-
29 time
equivalent (FTE) positions shown below in any pay period.
Full-time
equivalent positions
do
30 not include seasonal or intermittent positions whose scheduled period of employment does not
31 exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
32 twenty-five (925)
hours,
excluding overtime, in
a
one-year period. Nor
do they include
33 individuals
engaged
in training, the
completion
of
which
is a prerequisite of employment.
34 Provided, however, that the Governor or designee, Speaker of the House of Representatives or
1 designee, and the
President
of
the
Senate
or
designee may
authorize an adjustment to
any
2 limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
3 recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
4 copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
5 the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
6 Senate Fiscal Advisor.
7 State employees whose funding is from non-state general revenue funds that are time
8 limited shall receive limited term appointment with the term limited to the availability of non-
9 state general revenue funding source.
10 FY 2017 FTE POSITION AUTHORIZATION
11 Departments and
Agencies Full-Time
Equivalent
12 Administration 708.7
13 Business Regulation 97.0
14 Executive Office of Commerce 16.0
15 Labor and Training 409.5
16 Revenue 523.5
17 Legislature 298.5
18 Office of the Lieutenant Governor 8.0
19 Office of the Secretary of State 59.0
20 Office of the General Treasurer 85.0
21 Board
of
Elections 12.0
22 Rhode Island Ethics Commission 12.0
23 Office of the Governor 45.0
24 Commission for Human
Rights 14.5
25 Public Utilities Commission 51.0
26 Office of Health and
Human Services 179.0
27 Children,
Youth, and Families 629.5
28 Health 503.6
29 Human Services 935.1
30 Behavioral Health,
Developmental Disabilities, and
Hospitals 1,352.4
31 Office of the Child Advocate 6.0
32 Commission on the
Deaf
and Hard of Hearing 4.0
33 Governor’s Commission
on Disabilities 4.0
34 Office of the Mental Health Advocate 4.0
|
1
|
Elementary and
Secondary Education
|
139.1
|
|
2
|
School for the Deaf
|
60.0
|
|
3
|
Davies Career and Technical School
|
126.0
|
|
4
|
Office of Postsecondary Commissioner
|
27.0
|
5 Provided that 1.0 of the total authorization would be available only for positions that are
6 supported by third-party funds.
7 University of Rhode Island 2,489.5
8 Provided that 573.8 of the total authorization would be available only for positions that
9 are supported by third-party funds.
10 Rhode Island College 926.2
11 Provided that 82.0 of the total authorization would be available only for positions that are
12 supported by third-party funds.
13 Community College
of Rhode Island 854.1
14 Provided that 89.0 of the total authorization would be available only
for
positions that are
15 supported by third-party funds.
16 Rhode Island State Council on the Arts 8.6
17 RI Atomic
Energy Commission 8.6
18 Historical Preservation and Heritage Commission 16.6
19 Office of the Attorney General 235.1
20 Corrections 1,419.0
21 Judicial 724.3
22 Military Staff 92.0
23 Public Safety 610.2
24 Office of the Public Defender 93.0
25 Emergency Management Agency 29.0
26 Environmental Management 399.0
27 Coastal Resources Management Council 29.0
28 Transportation 701.0
29 Total 14,944.6
30 SECTION 11. The amounts reflected in this Article include the appropriation of Rhode
31 Island Capital Plan funds for fiscal year 2017 and supersede appropriations provided for FY 2017
32 within
Section 11 of Article 1 of Chapter 141 of the
P.L. of 2015.
33 The following amounts are hereby appropriated out of any money in the State’s Rhode
34 Island Capital Plan
Fund not otherwise appropriated to
be expended during the fiscal years
ending
1 June 30, 2018, June 30, 2019, and June 30, 2020. These amounts supersede appropriations
2 provided within Section 11 of Article 1 of Chapter 141 of the P.L. of 2015. For the purposes and
3 functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw
4 his or her orders upon the General Treasurer for the payment of such sums and such portions
5 thereof as may be
required by him or her upon receipt of properly authenticated
vouchers.
6 Fiscal Year Fiscal Year
Fiscal Year Fiscal Year
7 Ending Ending Ending Ending
8 Project June 30, 2018
June 30, 2019 June
30, 2020 June
30, 2021
9 DOA – Cannon
Building 400,000 250,000 250,000 0
10 DOA –
Accessibility Facility Ren. 1,000,000 1,000,000 1,000,000 1,000,000
11 DOA –
Pastore Center Rehab 2,500,000 2,120,000
2,500,000 2,500,000
12 DOA –
State Office Building 400,000 350,000 1,000,000 1,000,000
13 DOA – Virks Building 3,500,000 0 0 0
14 DOA – Washington County Govern. Ctr. 500,000 500,000 500,000 500,000
15 DOA –
William Powers Administration 1,000,000 1,000,000
1,000,000 1,000,000
16 DOA –
Zambarano
Utilities
and Infrs. 3,050,000 1,645,000
1,100,000 1,500,000
17 DOC –
Asset Protection 3,750,000 3,750,000
3,750,000 3,750,000
18 EOC –
Quonset Piers 2,000,000 2,000,000
5,000,000 5,000,000
19 DLT – Center General Asset Protection 1,130,000 500,000 500,000 0
20 El SEC – Davies School Asset Protection 150,000 150,000 150,000 150,000
21 EL SEC – Davies HVAC 1,101,000 1,398,000 0 0
22 EL SEC –
Met
School Asset Protection 250,000 250,000 250,000 250,000
23 EL SEC –
Met
School HVAC 2,340,000 0 0 0
24 Judicial – Asset Protection 950,000 950,000 1,000,000 1,000,000
25 Mil Staff – Joint Force Headquarters
26 Building 5,000,000 4,100,000 0 0
27 Higher Ed
– Asset Protection-CCRI 2,799,063 2,368,035
2,439,076 2,487,857
28 Higher Ed
– Knight Campus Renewal 5,000,000 4,000,000
3,000,000 0
29 Higher Ed
– Asset Protection-RIC 3,458,431 3,562,184
3,669,050 4,150,000
30 Higher Ed
– Asset Protection-URI 8,030,000 8,200,000 8,364,000 8,531,280
31 Higher Ed
– URI Shepard Blgd.
32 Upgrades 395,000 500,000 2,000,000 2,000,000
33 Higher Ed-RIC Infrs.
34 Modernization 4,500,000 4,500,000
3,600,000 3,500,000
|
1
|
DPS Consolidated Training Academy
|
4,000,000
|
3,100,000
|
2,650,000
|
0
|
|
2
|
DPS – Asset Protection
|
250,000
|
250,000
|
250,000
|
250,000
|
|
3
|
DEM – Dam Repairs
|
1,250,000
|
1,500,000
|
1,250,000
|
1,000,000
|
|
4
|
DEM – Galilee Piers
|
1,250,000
|
1,250,000
|
400,000
|
0
|
|
5
|
DEM – Recreational Facility Improv.
|
2,200,000
|
1,000,000
|
1,850,000
|
2,100,000
|
|
6
|
DOT
– Highway Improvements
|
27,200,000
|
27,200,000
|
27,200,000
|
27,200,000
|
|
7
|
DOT
– Maintenance –
Capital Equip.
|
2,500,000
|
2,500,000
|
2,500,000
|
2,500,000
|
8 SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.
9 – Any
unexpended and
unencumbered funds from
Rhode Island Capital
Plan Fund project
10 appropriations may be reappropriated at the recommendation of the Governor in the ensuing
11 fiscal year and made available for the same purpose. However, any such reappropriations are
12 subject to final approval by the General Assembly as part of the supplemental appropriations act.
13 Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated at the
14 discretion of the
State
Budget Officer.
15 SECTION 13. For the Fiscal Year ending June 30, 2017, the Rhode Island Housing and
16 Mortgage Finance Corporation shall provide from its resources such sums as appropriate in
17 support of the Neighborhood Opportunities Program. The Corporation shall provide a report
18 detailing the amount of funding provided to this program, as well as information on the number
19 of units of housing provided as a result to the Director of Administration, the Chair of the
20 Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the
21 Senate Finance
Committee and
the
State
Budget Officer.
22 SECTION
14. This article
shall take
effect as of July 1, 2016.
=======
art.002/6/002/5/002/4/002/3/002/2/002/1
=======
1 ARTICLE 2
2 RELATING TO PUBLIC FINANCE MANAGEMENT BOARD
3 SECTION 1. Sections 42-10.1-2 and 42-10.1-4 of the General Laws in Chapter 42-10.1
4 entitled
“Public Finance Management Board” are hereby amended
to
read as follows:
5 42-10.1-2. Purpose. -- It shall be the purpose and responsibility of the board:
6 (1) To
advise
and assist all
state departments, municipal
and
regional authorities,
7 agencies, boards, commissions,
and public and quasi-public corporations, and fire districts and
8 other special districts having authority to issue revenue or general obligation bonds
or GARVEE
9 bonds or notes
or other various types of conduit debt or enter into financing
leases with respect to
10 issuance of and financial planning related to all those bonds, leases, and notes;
11 (2) Upon request, tTo advise and/or assist any city or town and any municipal or regional
12 agency, authority, board, commission, or public or quasi-public corporations, or fire districts or
13 other special districts having authority to issue revenue or general obligation bonds
or GARVEE
14 bonds or notes
or other various types of conduit debt or enter into financing
leases with respect to
15 the issuance
and financial planning related to
those bonds, leases, and notes;
16 (3) To collect, maintain, and provide information on all state, municipal and regional
17 authority, agency, board, commission, public or quasi-public corporation, and fire district and
18 other special district debt authorization, sold and outstanding, and serve as a statistical center for
19 all state and municipal debt issues;
20 (4) To maintain contact with state, municipal and
regional authority, agency, board,
21 commission, public
or
quasi-public corporation, fire district and other special district bond
22 issuers, underwriters, credit rating agencies, investors, and others to improve the market for state
23 and local government debt issues;
24 (5) To undertake or commission studies on methods to reduce the costs and improve
25 credit ratings
of
state and local debt issues;
26 (6) To recommend changes in state laws and local practices to improve the sale and
27 servicing of state
and local debts.
28 (7) To annually ascertain the total amount of state, regional, municipal, and public and
29 quasi-public
corporation debt authorized,
sold and
unsold.
30 (8) To oversee the undertaking of a debt affordability study no less frequently than every
1 two (2) years, which shall include recommended limits for the debt capacity of state, municipal
2 and regional department, authority, agency, board, commission, and public and quasi-public
3 corporations
having authority to
issue revenue or general obligation bonds
or
notes.
4 42-10.1-4. Notice of debt issue to board. -- (a) Each state, municipal and regional
5 department, authority, agency, board, commission, and public and quasi-public corporation, and
6 fire district and other special district having authority to
issue revenue or general obligation
bonds
7 or GARVEE bonds or notes
or other various types of conduit debt shall, no later than thirty (30)
8 days prior to the sale of any such debt issue at public or private sale, give written notice of the
9 proposed sale to the board; and each such issuer shall, within the later of thirty (30) days after
10 such sale or five (5) days after closing,
submit to the board a
report of final sale.
11 (b) The notice of proposed debt shall include one proposed sale date, the name of the
12 issuer, the nature of the debt issue, and the estimated principal amount thereof, and such further
13 information as may be required by rule of the board and shall be delivered in accordance with
14 procedures to be established by rule of the board; and the notice of final sale shall be made on a
15 form approved by
the
board and contain all of the information requested on said form. Any issuer
16 which fails to submit the report of proposed debt or report of final sale by the appropriate
17 deadline may be subject to a per diem fine of two hundred fifty dollars ($250), which shall be
18 collected and enforced by the
Office of the General Treasurer.
19 (c) Each state, municipal and regional department, authority, agency, board, commission,
20 public and quasi-public corporation, and fire district and other special district having authority to
21 issue revenue or general obligation bonds or GARVEE bonds or notes or other various types of
22 conduit debt shall provide annually, by the end of each fiscal year, the following information for
23 each outstanding debt incurred:
24 (1) the principal amount of the issue
outstanding;
25 (2) the amount of proceeds of the issue that remains
unspent;
26 (3) the amount of debt authorized by the bond act or other appropriate authorization
27 relevant to the issue that remains authorized
but
unissued; and
28 (4) a list of the purposes for which the debt has been issued and the amounts expended
29 for each purpose in the
prior fiscal year from the
proceeds of the issue.
30 (c)(d) Failure of delivery of the above notice or of the time or efficiency thereof shall not
31 affect the validity of the issuance of any debt, bond
or note.
32 (d)(e) The board shall submit a report annually on or before September 30th of each year
33 to the director of administration, the speaker of the house, the chairman of the house finance
34 committee, the president of the senate, the chairman of the senate finance committee, and the
1 auditor
general
on
debt issues by cities
and towns
and
other
authorities, agencies, boards,
2 commissions,
public
and
quasi-public corporations,
fire districts,
and
other
special districts
3 subject to the provision of chapter 45-12, which report shall include the information set forth in
4 division (b) of this section and shall be for the notices of debt issues received during the state's
5 fiscal
year next
preceding. An
electronic transmission
of
the report shall be considered an
6 acceptable submission.
7 SECTION 2. Chapter 42-10.1 of the General Laws entitled "Public Finance Management
8 Board"
is hereby amended
by adding thereto the
following sections:
9 42-10.1-9. Report of debt affordability and targets. --
(a) The board shall compile and
10 publish annually the
total amount of public state, regional, municipal, and public and quasi-public
11 corporation debt authorized,
sold
and unsold.
12 (b) No less
frequently than every two (2) years, the board shall oversee the
undertaking of
13 a debt affordability study, which shall include recommended limits for the debt capacity of each
14 state, municipal and regional
authority, agency, board, commission, public and
quasi-public
15 corporation and fire district and other special district having authority to issue revenue or general
16 obligation bonds or GARVEE bonds or notes or other various types of conduit debt or enter into
17 financing leases.
18 42-10.1-10. Public finance management board advisory opinions. --
The board shall
19 have the authority to offer non-binding, advisory opinions on all aspects of debt management
20 practices of state,
municipal,
and public and quasi-public
corporations.
21 SECTION
3. This article shall take
effect as of January 1,
2017.
1 ARTICLE 3
=======
art.003/5/003/4/003/3/003/2/016/1
=======
2 RELATING TO MAKING IT EASIER TO DO BUSINESS IN RHODE ISLAND
3 SECTION
1. Section 28-43-8
of the
General
Laws in Chapter 28-43 entitled
4 “Employment Security – Contributions” is
hereby amended
to read as
follows:
5 28-43-8. Experience
rates – Tables. -- (a)(1) Whenever, as of September 30,
1987 2016,
6 or any subsequent computation date, the amount in the employment security fund available for
7 benefits is six and four tenths percent (6.4%) or more of total payrolls as determined in § 28-43-
8 1(9), an experience rate for each eligible employer for the immediately following calendar year
9 shall be determined in
accordance
with
schedule A in
this
subsection.
10 (2) Whenever, as of September 30, 1987 2016, or any subsequent computation date, the
11 amount in the employment security
fund available for benefits is
six and one-tenth percent (6.1%)
12 five and five-tenths percent (5.5%) but less than six and four-tenths (6.4%) of total payrolls as
13 determined in § 28-43-1(9), an experience rate for each eligible employer for the immediately
14 following calendar year shall be determined in accordance with
schedule B in this subsection.
15 (3) Whenever, as of September 30,
1987 2016, or any subsequent computation date the
16 amount in the employment security fund available for benefits is five and eight-tenths percent
17 (5.8%) four and seventy-five hundredths percent (4.75%) but less than six and one-tenth (6.1%)
18 five and five-tenths percent (5.5%) of total payrolls as determined in § 28-43-1(9), an experience
19 rate
for each
eligible
employer for the immediately following calendar year shall be determined in
20 accordance with
schedule C in this subsection.
21 (4) Whenever, as of September 30,
1987 2016, or any subsequent computation date the
22 amount in the employment security fund available for benefits is five and three-tenths percent
23 (5.3%) four percent (4.0%) but less than five and eight-tenths (5.8%) four and seventy-five
24 hundredths percent (4.75%) of total payrolls as determined in § 28-43-1(9), an experience
rate for
25 each eligible
employer for the
immediately following
calendar year
shall
be determined
in
26 accordance with
schedule D in this subsection.
27 (5) Whenever, as of September 30,
1987 2016, or any subsequent computation date the
28 amount in the employment security fund available for benefits is four and seven-tenths percent
29 (4.7%) three and twenty-five hundredths percent (3.25%) but less than
five and three-tenths
30 (5.3%) four percent (4.0%) of total payrolls as determined in § 28-43-1(9), an experience rate for
1 each eligible
employer for the
immediately following
calendar year
shall
be determined
in
2 accordance with
schedule E in
this subsection.
3 (6) Whenever, as of September 30,
1987 2016, or any subsequent computation date the
4 amount in the employment security fund available for benefits is three and six-tenths percent
5 (3.6%) two and five-tenths percent (2.5%) but less than four and seven-tenths (4.7%) three and
6 twenty-five
hundredths percent
(3.25%) of total payrolls
as determined in
§ 28-43-1(9), an
7 experience rate for each eligible employer for the immediately following calendar year shall be
8 determined in accordance with schedule
F in this
subsection.
9 (7) Whenever, as of September 30,
1987 2016, or any subsequent computation date the
10 amount in the employment security fund available for benefits is three percent (3%) one and
11 seventy-five hundredths percent (1.75%) but less than
three and six-tenths (3.6%) two and five-
12 tenths percent (2.5%) of total payrolls as determined in § 28-43-1(9), an experience rate for each
13 eligible employer for the immediately following calendar year shall be determined in accordance
14 with
schedule G in this
subsection.
15 (8) Whenever, as of September 30,
1987 2016, or any subsequent computation date the
16 amount in the employment security
fund
available for benefits is two and seventy five hundredths
17 percent (2.75%) one percent
(1.0%) but less than
three
percent (3%) one and seventy-five
18 hundredths percent (1.75%) of total payrolls as determined in § 28-43-1(9), an experience
rate for
19 each eligible
employer for the
immediately following
calendar year
shall
be determined
in
20 accordance with
schedule H in this subsection.
21 (9) Whenever, as of September 30,
1987 2016, or any subsequent computation date the
22 amount in the employment security fund available for benefits is less than two and seventy five
23 hundredths percent (2.75%) one percent (1.0%) of total payrolls
as determined in
§ 28-43-1(9), an
24 experience rate for each eligible employer for the immediately following calendar year shall be
25 determined in accordance with schedule
I in
this subsection.
26 [See Tax
Schedules]
27 (10) [Deleted
by P.L. 2010, ch. 23, art. 22, §
3].
28 (b) The contribution rate for each employer for a given calendar year shall be determined
29 and the employer notified of it not later than April 1 next succeeding each computation date. That
30 determination shall be binding unless an appeal is taken in accordance with provisions of § 28-
31 43-13.
32 SECTION
2.
Chapter
28-39 of the
General
Laws entitled
“Temporary
Disability
33 Insurance – General Provisions” is
hereby amended
by adding thereto the following section:
34 28-39-41. Task Force. --
(a) There is hereby established a task force on temporary
1 disability insurance fraud and program integrity. The task force shall consist of the following
2 members or their designees:
3 (1) the director of labor and training or designee;
4 (2) the secretary of health and
human services or designee;
5 (3) the director of health
or
designee:
6 (4) the director of office of management and
budget or designee; and
7 (5) the attorney general or designee.
8 The director of labor and training shall chair the
task force.
9 (b) The
task
force
shall
coordinate joint
efforts
to combat
fraud and abuse
in the
10 temporary disability insurance
program. The task force
shall:
11 (1) Foster appropriate use of the program by both claimants and qualified healthcare
12 providers by educating them about
the intent of the program, the benefits provided, acceptable
13 use of benefits and applicable requirements;
14 (2) Protect the integrity of the temporary disability insurance fund by performing joint
15 investigations
into fraudulent activities; and
16 (3) Employ best practices as established by other insurance programs both public and
17 private to ensure program goals and objectives are aimed at providing efficient and effective
18 services
to all customers.
19 (c) Notwithstanding and other law or regulation to the contrary, the task force shall
20 facilitate timely information sharing between and among task force members, including the
21 establishment of protocols by which participating agencies will advise or refer to other agencies
22 matters of potential interest.
23 SECTION 3. Sections 28-41-11 and 28-41-15 of the General Laws in Chapter 28-41
24 entitled
“Temporary Disability Insurance – Benefits” are hereby amended to read as follows:
25 28-41-15. Filing of claims – Restriction on waiting period credit or benefits – Copies
26 of law and regulations. --
(a) Benefit claims
shall be filed
pursuant to
prescribed regulations.
27 (b) No individual shall be eligible for
waiting period credits or benefits under this title
for
28 any week of unemployment due to sickness which occurs more than
fifty-two (52) weeks ninety
29 (90) days prior to the time when written notice of his or her claim for waiting period credits or
30 benefits is mailed or delivered to the department of labor and training or such other agency as the
31 director may designate. Notwithstanding the above, the director may extend the claim filing
32 period up to
twenty-six (26) weeks if the individual can show
a good medical reason for the delay
33 in filing the claim for benefits.
34 (c) Each employer shall post and maintain printed statements of subsection (b) of this
1 section and of those regulations, in places readily accessible to individuals in his or her service.
2 Those printed statements shall be supplied by the director to each employer without cost to that
3 employer.
4 (d) Upon
the filing of a
claim, the director shall promptly mail a
notice of the filing of the
5 claim to the claimant's most recent employer and to all employers for whom the claimant states
6 he or she performed services
and earned wages during his or her base period.
The employers shall
7 promptly furnish the
information
required to
determine the
claimant's benefit rights. If
the
8 claimant's employer or employers have any information which might affect either the validity of
9 the claim or the right of the claimant to
waiting period credit or benefits,
the employer shall return
10 the notice with this information. Notwithstanding any inconsistent provisions of chapters 39 – 41
11 of this title, any employer who fails without good cause as established to the satisfaction of the
12 director to return the notice within seven (7) working days of its mailing shall pay a penalty of
13 twenty-five dollars ($25.00) for
each failure. This penalty shall be
paid into the temporary
14 disability insurance reserve fund and if any employer fails to pay the penalty, when assessed, it
15 shall be collected by civil action as provided
in
§ 28-40-12.
16 SECTION 4. Section 1 shall take effect as of September 30, 2016. Sections 2 and 3 shall
17 take effect as
of January 1, 2017.
1
1 TAX SCHEDULES
2 Employers Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule Schedule
3 Account A B C D E F G H I
4 Reserve Reserve Reserve Reserve Reserve Reserve Reserve Reserve Reserve Reserve
5 Percent Ratio of Ratio of Ratio of Ratio of Ratio of Ratio of Ratio of Ratio of Ratio of
6 Fund Fund Fund Fund Fund Fund Fund Fund Fund
7 6.4% 6.1% 5.8% 5.3% 4.7% 3.6% 3.0% 2.75% under
8 or more 5.5% 4.75% 4.0% 3.25% 2.5% 1.75% 1.0% 2.75%
9 but less but less but less but less but less but less but less 1.0%
10 than than than than than than than
11 6.4% 6.1% 5.8% 5.3% 4.7% 3.6% 3.0%
12 5.5% 4.75%
4.0% 3.25% 2.5% 1.75%
13 POSITIVE PERCENTAGES
14 21.50 and over 0.21 0.4
0.5 0.6 0.7 0.9 1.1 1.2 1.2
15 20.00 to 21.49 0.4 0.5 0.6 0.7 0.8 1.0 1.2 1.3 1.5
16 18.50 to 19.99 0.5 0.6 0.7 0.8 0.9 1.1 1.4 1.5 1.8
17 17.00 and
18 over to 18.49 0.6 0.7 0.8 0.9 1.0 1.2 1.5 1.7 2.1
19 15.50 to 16.99 0.8 0.9 1.0 1.1 1.3 1.5 1.8 2.1 1.9 2.3 2.4
20 14.00 to 15.49 0.9 1.0 1.2 1.3 1.5 1.7 2.0 2.3 2.1 2.6 2.7
21 12.50 to 13.99 1.1 1.2 1.4 1.5 1.7 2.0 2.3 2.6 2.4 2.9 3.0
22 11.00 to 12.49 1.3 1.4 1.6 1.7 1.9 2.2 2.5 2.8 2.7 3.1 3.3
23 9.50 to 10.99 1.5 1.7 1.8 1.9 2.1 2.4 2.7 3.0 2.9 3.3 3.5
24 8.00 to 9.49 1.7 1.9 2.0 2.2 2.4 2.7 2.9 3.2 3.1 3.5 3.7
25 6.50 to 7.99 7.49 1.9 2.1 2.3 2.5 2.6 2.9 3.1 3.4 3.3 3.7 3.9
26 5.00 to 6.49 2.1 2.3 2.5 2.7 2.8 3.1 3.4 3.6 3.9 4.1
27 3.50 to 4.99 2.3 2.5 2.7 2.9 3.0 3.1 3.3 3.7 3.9 4.2 4.3
28 2.00 to 3.49 2.5 2.6 2.7 2.8 2.9 3.0 3.2 3.3 3.5 3.6 3.7 3.9 4.0 4.2 4.5 4.6
29 0.00 to 1.99 2.7 3.0 3.0 3.2 3.2 3.4 3.4 3.6 3.6 3.9 3.9 4.2 4.2 4.4 4.5 4.8 4.9
30 NEGATIVE PERCENTAGES
31 - 0.01 to
-1.99 3.0 3.3 3.3 3.5 3.5 3.8 3.8 4.2 4.2 4.5 4.5 4.8 4.8 5.0 5.1 5.4 5.5
32 - 2.00 to
- 3.99 3.3 3.5 3.5 3.8 3.8 4.1 4.1 4.5 4.5 4.8 4.8 5.1 5.1 5.3 5.4 5.7 5.8
33 - 4.00 to
- 5.99 3.6 3.8 3.8 4.1 4.1 4.4 4.4 4.8 4.8 5.1 5.1 5.4 5.4 5.7 5.8 6.0 6.1
34 - 6.00 to
- 7.99 3.9 4.1 4.1 4.4 4.4 4.7 4.7 5.1 5.1 5.4 5.4 5.8 5.8 6.1 6.2 6.4 6.5
35 - 8.00 to
- 9.99 4.2 4.4 4.4 4.7 4.7 5.0 5.0 5.4 5.4 5.8 5.8 6.2 6.2 6.5 6.6 6.8 6.9
36 -10.00 to -11.99 4.5 4.7 4.7 5.0 5.0 5.4 5.4 5.8 5.8 6.2 6.2 6.6 6.6 6.9 7.0 7.2 7.3
37 -12.00 to -13.99 4.8 5.0 5.0 5.4 5.4 5.8 5.8 6.2 6.2 6.6 6.6 7.0 7.0 7.3 7.4 7.6 7.7
38 -14.00 to -15.99 5.1 5.4 5.4 5.8 5.8 6.2 6.2 6.6 6.6 7.0 7.0 7.4 7.4 7.7 7.8 8.0 8.1
39 -16.00 to -17.99 5.4 5.8 5.8 6.2 6.2 6.6 6.6 7.0 7.0 7.4 7.4 7.8 7.8 8.1 8.2 8.4 8.5
40 -18.00 to -19.99 5.8 6.2 6.2 6.6 6.6 7.0 7.0 7.4 7.4 7.8 7.8 8.2 8.2 8.5 8.6 8.8 8.9
41 -20.00 to -21.99 6.2 6.6 6.6 7.0 7.0 7.4 7.4 7.8 7.8 8.2 8.2 8.6 8.6 8.9 9.0 9.2 9.3
42 -22.00 to -23.99 6.6 7.0 7.0 7.4 7.4 7.8 7.8 8.2 8.2 8.6 8.6 9.0 9.0 9.3 9.4 9.6 9.7
43 -24.00 and
over 7.0 7.4 7.4 7.8 7.8 8.2 8.2 8.6 8.6 9.0 9.0 9.4 9.4 9.7 9.8 10.0
=======
art.004/6/004/5/004/4/004/3/004/2/004/1
=======
1 ARTICLE 4
2 RELATING TO GOVERNMENT ORGANIZATION
3 SECTION 1. Sections 28-5.1-2, 28-5.1-3.1 and 28-5.1-5 of the General Laws in Chapter
4 28-5.1 entitled "Equal Opportunity and Affirmative Action" are hereby amended to read as
5 follows:
6 28-5.1-2. State equal opportunity office. -- (a) There shall be a state equal opportunity
7 office. This office, under the direct administrative supervision of the director of
8 administration/human resources, office of diversity, equity and opportunity, shall report to the
9 governor and to the general assembly on state equal opportunity programs. The state equal
10 opportunity office shall be responsible for assuring compliance with the requirements of all
11 federal agencies for equal opportunity and shall provide training and technical assistance as may
12 be requested by any company doing business in Rhode Island and all state departments as is
13 necessary to comply with
the intent of this chapter.
14 (b) The state equal opportunity office shall issue any
guidelines, directives or instructions
15 that
are necessary
to effectuate its responsibilities under this
chapter,
and
is authorized
to
16 investigate possible discrimination, hold hearings,
and
direct corrective action to the
17 discrimination.
18 28-5.1-3.1.
Appointments
to state
boards, commissions,
public
authorities, and
19 quasi-public corporation. --
(a) The general assembly finds that,
as a matter of public
policy, the
20 effectiveness of each appointed state board, commission, and the governing body of each public
21 authority and quasi-public corporation is enhanced when it reflects the diversity, including the
22 racial and gender
composition,
of Rhode
Island's population. Consequently,
each
person
23 responsible for appointing one or more individuals to serve on any board or commission or to the
24 governing body of any public authority
or board shall endeavor to assure
that, to the fullest extent
25 possible, the composition of the board, commission, or governing body reflects the diversity of
26 Rhode Island's
population.
27 (b) During the month of January in each year the boards, agencies, commissions, or
28 authorities are requested to file with the state equal opportunity office a list of its members,
29 designating their race, gender,
and date of appointment.
30 (c) Of
the candidates
considered
for appointment
by
the governor and the general
1 assembly, the governor
and
the general assembly shall give due consideration to
2 recommendations made
by
representatives of Rhode Island's minority
community
based
3 organizations. through the Rhode Island Affirmative Action Professionals (RIAAP). The human
4 resources outreach and diversity office shall act as the
RIAAP's liaison with state government and
5 shall forward
the recommendations to appointing authorities.
6 (d) The appointing authority, in consultation with the equal employment opportunity
7 administrator and the
human
resources outreach
and diversity administrator within the department
8 of administration, shall annually conduct a utilization analysis of appointments to state boards,
9 commissions, public authorities and quasi-public corporations based upon the annual review
10 conducted pursuant to §
28-5.1-3.
11 (e) The equal
employment opportunity
administrator
shall
report the
results
of
the
12 analysis to the Rhode Island commission for human rights and to the general assembly by or on
13 January 31 and July 31 of each year consistent with § 28-5.1-17. The report shall be a public
14 record and
shall be made available electronically on
the
secretary of state's website.
15 28-5.1-5. Personnel administration. -- (a)(1) The office of personnel administration of
16 the department of
administration, in consultation with the
office of
diversity, equity and
17 opportunity, shall prepare a comprehensive plan indicating the appropriate steps necessary to
18 maintain and secure the equal opportunity responsibility and commitment of that division. The
19 plan shall set
forth
attainable goals and target
dates
based upon a utilization
study for
20 achievement of the goals, together with operational assignment for each element of the plan to
21 assure measurable
progress.
22 (2) The
office of personnel administration shall:
23 (i) Take positive steps to insure that the entire examination and testing process, including
24 the development of job
specifications
and employment qualifications,
is free from either
25 conscious or inadvertent bias,
and
26 (ii) Review all recruitment procedures for all state agencies covered by this chapter for
27 compliance
with federal and
state law, and bring
to the attention of
the equal
opportunity
28 administrator matters of concern to its jurisdiction.
29 (3) The division of budget shall indicate in the annual personnel supplement progress
30 made toward the
achievement of equal employment goals.
31 (4) The division
of purchases shall cooperate in
administering
the state contract
32 compliance programs.
33 (5) The division of statewide planning shall cooperate in assuring compliance from all
34 recipients
of federal grants.
1 (b) The office of labor relations shall propose in negotiations the inclusion of affirmative
2 action language
suitable to the need for attaining and maintaining a diverse workforce.
3 (c) There
is
created a five (5) six (6) member committee which shall monitor negotiations
4 with all collective bargaining
units within state government specifically
for
equal opportunity and
5 affirmative action interests. The members of that committee shall include the director of the
6 Rhode Island commission for human
rights, the associate
director of the
office of diversity,
equity
7 and opportunity, the equal opportunity administrator, the personnel administrator, one member of
8 the house of representatives appointed by the speaker, and
one member of the
senate appointed by
9 the president of the
senate.
10 SECTION 2. Chapter 42-11 of the General Laws entitled "Department of
11 Administration" is hereby amended
by adding thereto the following section:
12 42-11-2.7. Office of diversity, equity and opportunity established. -- (a) The office of
13 diversity, equity and opportunity
(ODEO) shall be established as a division within the department
14 of administration. The purpose of the office shall be to ensure non-discrimination, diversity,
15 equity, and equal opportunity in all aspects of state government, including, but not limited to,
16 employment,
procurement, policy and
practices relative to
state
programs, services,
and
activities.
17 (b) The head of this division shall be known as the associate director of ODEO who shall
18 be appointed by the director of administration, in the classified service of the state, and shall be
19 responsible to and report to the director.
The associate director of ODEO shall oversee
the
ODEO
20 in all aspects, including, but not limited to, coordination of the provisions of chapter 37-14.1
21 (minority business
enterprise)
and chapter 28-5.1
(equal opportunity and affirmative action)
22 wherein the ODEO shall have direct administrative supervision of the state's equal opportunity
23 office.
24 (c) ODEO shall have
the
following duties and
responsibilities:
25 (1) Develop,
administer,
implement, and maintain
a
statewide
diversity
plan and
26 program,
including an equity, equal
opportunity, minority
business
enterprise,
and
supplier
27 diversity program,
as well as other related plans and
programs
within the
office;
28 (2) Provide leadership in the development and coordination of recruitment and retention
29 activities in order to promote diversity and encourage the use of bias-free methods and practices
30 in the hiring process, performance reviews, and promotions, and to ensure compliance with
31 applicable federal and state laws, rules, regulations, and policies;
32 (3) Support the growth and
development of the
state's
minority business
enterprise
33 program by
engaging
in concerted
outreach programs to build
relationships, maintaining
effective
34 programs to promote minority business enterprise utilization and facilitating minority business
1 enterprise
in State procurement activities;
2 (4) Develop, coordinate and oversee the recruitment, selection, and retention efforts and
3 initiatives to promote and achieve the state's diversity goals and objectives, developing and
4 recommending recruitment strategies, and
assisting with special recruitment efforts directed
5 toward ethnic
minorities, women and other underrepresented
groups; and
6 (5) Provide leadership in advancing management's understanding, capacity and
7 accountability
for embedding diversity
and
equity in
employment
and
human resource
8 management practices as an
integral part of the state's employment opportunities.
9 (c) The director of administration may promulgate rules and
regulations recommended by
10 the associate director in
order to effectuate the purposes and requirements of this act.
11 SECTION 3. Sections 29-3.1-1 and 29-3.1-7 of the General Laws in Chapter 29-3.1
12 entitled "Office of Library and
Information Services" are
hereby amended
to read as follows:
13 29-3.1-1. Office
of library
and information services.
--
Within the
department of
14 administration, division of enterprise technology strategy and services, there shall be an office of
15 library and information services under the direction of a chief of library services who shall be
16 appointed by the
director of administration and supervised by the chief digital information
officer.
17 The office is hereby empowered to cooperate with the institute of museum and library services of
18 the United States of America in the carrying out of the purposes of any and all acts of congress
19 for the benefit
of library
and
information services within this
state. The office
is hereby
20 designated as the agency for the administration of any plan or plans heretofore or hereafter
21 formulated in conformity with any act or acts of congress and is authorized to administer any
22 such plan or plans and to enter into such agreements with the institute of museum and library
23 services of the United States of America as may be from time to time required under this chapter
24 or any acts or act of congress, and from time to time amend any
plan
or plans, except any plan, or
25 plans, or agreements, formulated or entered into or to be administered by the board of regents,
26 board of governors,
or the secretary of state.
27 29-3.1-7. Duties of chief of library services. -- The chief of library services officer shall
28 be the executive and administrative officer in charge of the office of library and information
29 services. The chief of library
services
shall
be
in a
classified
position
of service, shall be
30 appointed by the director of administration and shall report to the chief digital officer. The
31 position of chief information officer shall be in the unclassified service of the state. The chief of
32 library services shall serve as the chief executive officer of the library board. The chief of library
33 services shall also carry out the duties required by this chapter and by chapters 5 and 6 of this
34 title. In addition to the general supervision of the office of library and information services and
1 the appointment of the several officers and employees of the office, it shall be the duty of the
2 chief of library services:
3 (1) To develop a systematic program of information gathering, processing, and analysis
4 addressed to every aspect of public library development and interlibrary cooperation and resource
5 sharing in this state, especially as that information relates to current and future library and
6 information service needs, so that current needs may be met with reasonable promptness and
7 plans formulated to meet future needs as they arise in the most efficient and economical manner
8 possible;
9 (2) To develop a master plan defining board goals and objectives for public library
10 development and interlibrary cooperation and resource sharing in the state. These goals and
11 objectives shall be expressed in terms of the library and information services to which individuals
12 will have
access;
13 (3) To communicate with and
seek
the advice of those concerned
with
and affected by the
14 library board's
determinations;
15 (4) To develop and implement board policy as it pertains to the goals and objectives
16 approved
by the library board from time
to time;
17 (5) To enforce standards and to exercise general supervision over interlibrary cooperation
18 and resource sharing in the state;
19 (6) To develop annually the program for the use of federal funds that is submitted to the
20 United States
institute of museum and library services;
21 (7) To supervise the operation of the office of library and information services as defined
22 elsewhere in this title and such other additional duties and responsibilities as may be assigned by
23 the library board from time
to time; and
24 (8) To supervise the following functions:
25 (i) To distribute state funds for public library development and interlibrary cooperation
26 and resource sharing in accordance with law
and regulations
of
the library board;
27 (ii) To develop standards and regulations for public library development and interlibrary
28 cooperation and resource sharing;
29 (iii) To certify that public library standards and services are in accordance with law and
30 regulations
of the library board;
31 (iv)
To require
the observance
of
all laws
relating
to public
library
services
and
32 interlibrary cooperation
and
resource
sharing;
33 (v) To interpret library law;
34 (vi) To give assistance, advice, and counsel to public libraries and to participants in
1 interlibrary cooperation
and
resource
sharing activities;
2 (vii) To require that information and statistics necessary to do the work of the office of
3 library and information services be collected, to publish
findings
and
reports thereon;
4 (viii)
To provide eligible
persons
who
are impaired,
blind, reading impaired and/or
5 physically impaired with library services through the talking books plus, in cooperation with the
6 library of congress national library service for the blind
and physically handicapped;
7 (ix) To cooperate with the
commissioner of
elementary and secondary education in
8 supporting and encouraging effective school library media services and their integration into
9 statewide
library networking activities;
10 (x) To cooperate with the state librarian and the state law librarian in strengthening
11 services
to library users;
12 (xi)
To cooperate with the
commissioner
of
higher
education
in supporting and
13 encouraging effective
library services through the
state system of higher education; and
14 (xii) To coordinate with all other state departments and agencies in the provision of
15 library services to state government and to the
public.
16 SECTION
4.
Section 42-11-2.6 of the
General
Laws in
Chapter
42-11
entitled
17 "Department of Administration"
is hereby amended
to
read as follows:
18 42-11-2.6. Office
of Digital
Excellence
established. --
(a) Within the department,
19 division of enterprise technology strategy and services, there shall be established the Office of
20 Digital Excellence. The purposes
of the office shall be to move
RI Rhode Island state government
21 into the 21st century through the incorporation of innovation and modern digital capabilities
22 throughout state government and to leverage technology to expand and improve the quality of
23 services provided to RI Rhode Island citizens, to promote greater access to government and the
24 internet throughout cities and towns, and to position Rhode Island as a national leader in e-
25 government.
26 (b) Within the office there shall be a chief digital officer who shall be appointed by the
27 director of administration with the approval of the governor and who shall be in the unclassified
28 service. The
chief digital officer shall
report to the
director of administration
and be required to:
29 (1) Manage the implementation of all new and mission critical technology infrastructure
30 projects
and
upgrades
for state
agencies. The division
of information
technology enterprise
31 technology strategy and services established pursuant to
executive order 04-06 § 42-11-2.8 shall
32 continue to manage and support all day-to-day operations of the state's technology infrastructure,
33 telecommunications,
and
associated applications;
34 (2) Increase the number of government services that can be provided online in order to
1 allow
residents and
businesses to
complete
transactions
in a more efficient
and
transparent
2 manner;
3 (3) Improve the state's websites to provide timely information to online users and as
4 many government services as possible online; and
5 (4) Establish, improve and
enhance the state's
use
of social
media
and
mobile
6 technological applications.
7 (c) The office shall coordinate its efforts with the division of information technology
8 enterprise technology strategy and services in order to plan, allocate and implement projects
9 supported by the information technology investment fund established
pursuant to §
42-11-2.5.
10 (d) All intellectual property created as a result of work undertaken by employees of the
11 office shall remain the property of the state of Rhode Island and Providence Plantations. Any
12 patents applied for shall be in the name
of the state.
13 (e) The director of administration may promulgate rules and
regulations
recommended by
14 the chief digital officer in order to effectuate the purposes and
requirements of this act.
15 (f) The chief digital officer shall report no later than January 31, 2013 and every January
16 31 thereafter to the governor, the speaker of the house of representatives and the senate president
17 regarding the implementation status of all technology infrastructure projects, website
18 improvements, number of e-government transactions and revenues generated, projects supported
19 by the information technology investment fund and all other activities undertaken by the office.
20 The annual report shall be posted
on the
office's website.
21 SECTION 5. Chapter 42-11 of the General Laws entitled "Department of
22 Administration" is hereby amended
by adding thereto the following section:
23 42-11-2.8. Division of enterprise technology strategy and services established. --
(a)
24 Established. Within the
department there
shall
be established
the division of enterprise
25 technology strategy and service (ETSS), which
shall include the office
of information technology,
26 the office of digital excellence (ODE), and the office of library and information services (OLIS).
27 Within ETSS, there shall be a chief digital officer in the unclassified service who shall oversee
28 and manage the division and shall be appointed by the director of administration. Any prior
29 reference in statute to the division of information technology shall now mean ETSS. The chief
30 digital officer shall supervise the state's chief information officer, chief technology officer, chief
31 information
security officer, the
directors of information technology and all
associated
32 employees. The chief digital officer may promulgate rules and regulations in order to effectuate
33 the purposes and
requirements of this act.
34 (b) Purposes;
duties.
The purposes of ETSS shall be to
align existing
and
future
1 technology platforms, along with technical expertise across the agencies of the executive branch.
2 ETSS shall
be responsible for managing and consolidating the strategy
and budgets of the
3 division, including the office of information technology, the office of library and information
4 services and
the office of digital excellence,
and the information technology
investment fund. The
5 focus of ETSS will be to lead the strategic technology decisions and efforts across all of the
6 executive branch state agencies, identify opportunities to implement technology solutions across
7 state agencies to prevent duplication of systems and effort, as well as effectively support these
8 solutions in
an efficient manner. ETSS shall have the following duties:
9 (1) Manage the implementation of all new and mission critical technology infrastructure
10 projects and upgrades for state agencies. The office of information technology, under ETSS, shall
11 manage and
support all day-to-day
operations of
the state's technology
infrastructure,
12 telecommunications,
and
associated applications;
13 (2) Manage the office of digital excellence in order to ensure that large scale technology
14 projects
are
delivered in a timely
manner in accordance with
accepted
best
industry practices;
15 (3) To oversee the chief of library services and the office of library and information
16 services
to ensure that this office fulfills its statutory duties in an effective manner;
17 (4) Coordinate efforts with the director of administration in order to plan, allocate and
18 implement
projects supported
by
the information
technology
investment
fund established
19 pursuant to
§42-11-2.5.
20 (5) Supervise all
intellectual
property
created as
a
result
of
work
undertaken
by
21 employees of ETSS to ensure that ownership of this intellectual property remains with the state.
22 Any patents
applied
for
shall be
in
the name of the
state.
23 (c) Reporting. The chief digital officer shall annually report no later than January 31st to
24 the governor, the speaker of the house of representatives and the senate president regarding the
25 implementation status of all technology infrastructure projects, website improvements, number of
26 e-government transactions and revenues
generated,
projects supported by the
information
27 technology investment fund and all other activities undertaken by the division. The annual report
28 shall be posted
on the ETSS
website.
29 SECTION 6. Chapter 42-11 of the General Laws entitled "Department of
30 Administration" is hereby amended
by adding thereto the following section:
31 42-11-2.9. Division of capital asset management and maintenance established. -- (a)
32 Establishment. Within the department of administration there shall be established the division of
1 DCAMM there shall be a director of DCAMM who shall be in the classified service and shall
2 appointed by the director of administration. The director of DCAMM shall have the following
3 responsibilities:
4 (1) Oversee, coordinate, and manage the operating budget, personnel and functions of
5 DCAMM in carrying out the duties described below;
6 (2) Review agency capital budget requests to ensure that the request is consistent with
7 strategic and master facility plans for the state of Rhode Island.
8 (3) Promulgate
and adopt regulations necessary to
carry out the purposes of this section.
9 (b) Purpose. The purpose of the DCAMM shall be to manage and maintain state property
10 and state owned facilities in a manner that meets the highest standards of health, safety, security,
11 accessibility,
energy
efficiency and comfort
for
citizens and state employees
and
ensures
12 appropriate and timely investments are made
for state property and facility maintenance.
13 (c) Duties and Responsibilities of DCAMM. DCAMM shall have the following duties
14 and responsibilities:
15 (1) To oversee all new construction and rehabilitation projects on state property, not
16 including property otherwise assigned outside of the executive department by Rhode
Island
17 general laws or under the control and
supervision
of
the judicial branch;
18 (2) To assist the department of administration in fulfilling any and all capital asset and
19 maintenance
related statutory duties assigned to
the
department under
chapter
37-8
(public
20 buildings) or any other provision of law, including, but not limited to the following statutory
21 duties provided in §42-11-2:
22 (i) To maintain, equip, and keep in repair the state house, state office buildings, and other
23 premises owned or rented by the state for the use of any department or agency, excepting those
24 buildings,
the control of which is
vested by law in some
other agency;
25 (ii) To provide for the periodic inspection, appraisal or inventory of all state buildings
26 and property,
real and
personal;
27 (iii) To require reports from state agencies on the buildings
and property in
their custody;
28 (iv) To
issue regulations to govern the protection and
custody of the property of the state;
29 (v) To assign office and storage space and to rent and lease land and buildings for the use
30 of the several state departments and agencies in the
manner provided by law;
31 (vi) To control
and
supervise
the acquisition, operation, maintenance, repair, and
32 replacement of state-owned
motor vehicles by state agencies;
1 duties:
2 (i) Space management,
procurement, usage
and/or leasing of private or public
space;
3 (ii) Care, maintenance, cleaning and contracting for such services as necessary for state
4 property;
5 (iii) Capital equipment replacement;
6 (iv) Security of state
property and facilities unless
otherwise provided by law;
7 (v) Ensuring Americans
with Disabilities Act (ADA) compliance;
8 (vi) Responding to facilities emergencies;
9 (vii) Managing traffic
flow on state property;
10 (viii) Grounds keeping/landscaping/snow
removal services;
11 (ix)Maintenance and
protection of artwork and historic artifacts
12 (4) To manage and oversee state fleet operations
13 (d) All state agencies shall participate in a statewide database and/or information system
14 for capital assets, which shall be established and maintained by DCAMM.
15 (e) Offices and boards assigned
to DCAMM. DCAMM
shall
oversee the following
16 boards, offices and functions:
17 (1) Office
of
planning,
design, and construction (PDC);
18 (2) Office
of
facilities management and
maintenance
(OFMM);
19 (3) Contractors' registration and licensing board (§ 5-35-1
et seq.);
20 (4) State
building code (§ 23-27.3-1
et seq.)
21 (5) Office
of
risk management (§
37-11-1
et seq.)
22 (6) Fire safety code board of appeal and review (§ 23-28.3-1
et seq.)
23 (7) Office
of
state fleet operations (§
42-11-2.4(d))
24 (f) The boards, offices and functions assigned to
DCAMM shall:
25 (1) Exercise their respective
powers
and
duties in
accordance
with
their statutory
26 authority and the general policy established by the director of DCAMM or in accordance with the
27 powers and authorities conferred upon
the director of DCAMM by this section;
28 (2) Provide such assistance or resources as may be requested or required by the director
29 of DCAMM or the
director of administration;
30 (3) Provide such records and information as may be requested or required by the director
31 of DCAMM or the
director of administration; and,
32 (4) Except as provided herein, no provision of this chapter or application thereof shall be
1 SECTION 7. Sections 35-1.1-2 and 35-1.1-4 of the General Laws in Chapter 35-1.1
2 entitled "Office of Management and Budget"
are hereby amended
to
read as follows:
3 35-1.1-2. Establishment of the office of management and budget. -- There is hereby
4 established within the department of administration an office of management and budget. This
5 office shall serve
as
the principal agency
of
the executive branch
of
state
government for
6 managing
budgetary functions,
performance management, internal
audit and federal grants
7 management. In this capacity,
the office shall:
8 (1) Establish an in-depth form of data analysis within and between departments and
9 agencies, creating a more informed process for resource allocation to best meet the needs of
10 Rhode Island citizens;
11 (2) Identify federal grant funding opportunities to support the Governor's and General
12 Assembly's major policy initiatives and provide technical assistance with the application process
13 and post-award grants management;
14 (3) Analyze
federal budgetary issues and report on potential impacts to the state;
15 (4) Coordinate the
budget
functions
of the state
with
performance management
16 objectives;
17 (5) Maximize efficiencies in departments, agencies, advisory councils and
18 instrumentalities of the
State
by improving
processes and prioritizing programs;
19 (6)
Upon the written
request
of
the
governor,
the director
of the
department of
20 administration, or the director of the office of management and budget, the office shall conduct
21 audits, provide management advisory and consulting services, or conduct investigations relative
22 to the financial affairs or the efficiency of management, or both, of any state department or
23 agency. The office may from time to time make such investigations and additional reports to the
24 governor, the director of
the department
of
administration
or
the
director
of
the office of
25 management and budget shall deem necessary or advisable. Be responsible for the internal audit
26 function of state government and conduct audits of any state department, state agency, or private
27 entity that is a recipient of state funding or state grants; provide management advisory and
28 consulting services; or conduct investigations relative to the financial affairs or the efficiency of
29 management, or both, of any state
department or agency.
30 35-1.1-4. Offices and functions assigned to the office of management and budget --
31 Powers and duties. -- (a) The offices assigned to the office of management and budget include
32 the budget office, the performance management office,
office of internal audit and the federal
33 grants
management office.
1 (1) Exercise their respective
powers
and
duties in
accordance
with
their statutory
2 authority and the general policy established by the governor or by the director acting on behalf of
3 the governor or in accordance with the powers and authorities conferred upon the director by this
4 chapter;
5 (2) Provide such assistance or resources as may be requested or required by the governor
6 and/or the
director;
7 (3) Provide such
records
and
information
as
may be requested or required by the
8 governor and/or the director, to the extent allowed under the provisions of any applicable general
9 or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of
10 such records or information; and,
11 (c) Except as provided herein, no provision of this chapter or application thereof shall be
12 construed
to limit or otherwise restrict the
budget officer from fulfilling any statutory requirement
13 or complying with
any valid rule
or regulation.
14 SECTION 8. Sections 35-7-1, 35-7-3, 35-7-3.1, 35-7-5, 35-7-5.1, 35-5-7 of the General
15 Laws in
Chapter 35-7
entitled
"Post Audit of Accounts" are
hereby repealed.
16 35-7-1.
Bureau of audits. -- The director of administration shall create
a bureau of audits
17 which shall conduct all audits required by any department.
18 35-7-3. Audits performed by the bureau of audits. --
(a) The bureau of audits is
19 authorized to conduct audits of any state department, state agency, or private entity that is a
20 recipient of state funding or state grants. As deemed necessary or expedient by the bureau of
21 audits, audits may be made relative to the financial affairs or the economy and efficiency of
22 management of each department and agency. The bureau of audits shall determine which such
23 audits shall be performed in accordance with a risk-based evaluation. Unless there is an issue of
24 misappropriation, the
provisions
of this
section shall not apply to non-profit organizations.
25 (b) Within twenty (20) days following the date of the issuance of the final audit report,
26 the head of the department, agency or private entity audited shall respond in writing to each
27 recommendation made in the final audit report. This response shall address the department's,
28 agency's or private entity's plan of implementation for each specific audit recommendation and, if
29 applicable, the reasons for disagreement with any recommendation proposed in the audit report.
30 Within
one year following the date
on which the audit report was issued, the
bureau of audits
may
31 perform a follow-up audit for the purpose of determining whether the department, agency or
32 private entity has implemented, in an efficient and effective manner, its plan of action for the
33 recommendations proposed in the
audit report.
34 (c) The bureau of audits shall maintain a full record of each audit. In the event that
1 information gathered
as a result of an audit indicates that criminal activity
may have occurred, the
2 chief of the bureau of audits may provide such information to a state or federal law enforcement
3 agency. For any such information that is otherwise exempt from public disclosure under the
4 provisions of Rhode Island general law § 38-2-1 et seq., the provision of such information to a
5 law enforcement agency shall not therefore require that this information be further disclosed.
6 (d) Copies of each audit report, the written response to the audit report, and the results of
7 each follow-up audit as described in subsection (b) above shall be submitted to the chairpersons
8 of the house finance committee and the senate finance committee.
9 35-7-3.1. Cost of forensic examinations. -- When it is determined by the bureau of
10 audits that an audit is necessary because there is sufficient evidence to believe that there may
11 have been fiscal impropriety, wrongdoing or fiscal mismanagement by any employee, board
12 member, or commissioner of any state agency or authority as defined in § 42-35-1, the bureau of
13 audits may conduct a forensic examination of such entity. All costs associated with the forensic
14 examination shall be paid,
as
deemed appropriate, either by the examined entity or by an
15 appropriation proposed by the governor and enacted by the general assembly. Such costs shall
16 include,
but
not be limited to,
the following expenses:
17 (1) One hundred percent (100%) of the total salaries and benefits paid to the examining
18 personnel of the bureau of audits engaged
in those examinations;
19 (2) All costs
associated
with the
procurement of a forensic consultant;
20 (3) All
costs associated with a consultant that
provides expertise
pertinent to
the
21 examinee's
operations;
22 (4) All
reasonable
technology costs
related
to the
forensic
examination
process.
23 Technology costs
shall
include the
actual cost
of
software and
hardware
utilized
in the
24 examination process and the cost of training examination personnel in the proper use of the
25 software hardware.
26 35-7-5. Investigations or
management advisory and consulting services upon request
27 of governor or general assembly. -- The bureau of audits shall, upon the written request of the
28 governor, the director of the department of administration, or of either branch of the general
29 assembly, conduct audits, provide management advisory and consulting services, or conduct
30 investigations relative to the financial affairs or the economy and efficiency of management, or
31 both, of any state department or agency. The bureau of audits may from time to time make such
32 investigations and additional
reports
to the governor, the
director of
the department
of
33 administration, and the general assembly as the chief of the bureau shall deem necessary or
34 advisable.
1 35-7-5.1. Management advisory and consulting services provided to state agencies
2 and departments. -- When requested in writing by the head of a state department or agency to
3 the director
of
administration, the
bureau of
audits may
provide management advisory or
4 consulting services to the department or agency. Any such request must include the scope of
5 services requested and a
schedule for the work
to be performed.
6 35-7-7. Persons authorized to conduct audits – Reports of irregularities. -- Any
7 qualified person duly authorized by the director of administration to act as auditor may examine
8 the books, papers, and documents of any department, or of the clerk of any court or office of the
9 state having control of funds, and if the audit discloses any irregularities or improper handling of
10 records or funds, the
auditor shall report the same to the director, who
shall report to the governor
11 with his
or
her recommendations.
12 SECTION 9. Section 35-7-15 of the General Laws in Chapter 35-7 entitled "Post Audit
13 of Accounts"
is hereby amended
to read as
follows:
14 35-7-15. Audit of information security
systems. --
(a) The general assembly recognizes
15 that
the security of government
computer
systems is
essential to
ensuring the
stability and
16 integrity of vital information gathered and stored by the
government
for
the benefit of the
17 citizenry and the breach of security over computer systems presents a risk to the health, safety,
18 and welfare of the public. It is the intent of the legislature to ensure that government computer
19 systems and information residing
on these systems are
protected
from unauthorized access,
20 compromise, sabotage, hacking, viruses, destruction, illegal use, cyber-attack, or any other act
21 that might jeopardize or harm the
computer systems and the information stored
on them.
22 (b) In conjunction with the powers and duties outlined
in this chapter, the bureau of
23 audits office of internal audit may conduct
reviews and assessments of the various government
24 computer systems and the security systems established to safeguard these computer systems.
25 Computer systems subject to this section shall include systems that pertain to federal, state, or
26 local
programs,
and
quasi-governmental bodies, and
the computer systems of any
entity or
27 program that is subject to audit by the bureau of audits office of internal audit. The bureau of
28 audit's office of internal
audit's review
may include an assessment of
system
vulnerability,
29 network penetration, potential security breaches, and susceptibility to cyber attack and cyber
30 fraud.
31 (c) The bureau of audit's office of internal audit's findings shall be deemed public records
32 and available
for
public inspection;
provided,
however, in the event the
review indicates a
33 computer system is vulnerable, or security over the system is otherwise deficient, reasonably
34 segregable portions of the findings shall be subject to public inspection after the redaction of any
1 information the disclosure of which would endanger the security of the system or reveal the
2 specific nature of the vulnerabilities found. Notwithstanding any other provision of law to the
3 contrary, the work papers developed in connection with the review of computer systems and the
4 security over those systems authorized by this section shall not be deemed public records and are
5 not subject to
disclosure.
6 (d) In order to maintain the integrity of the computer system, the
bureau of audits office
7 of internal audit may procure the services of specialists in information security systems or other
8 contractors deemed necessary in conducting reviews under this section, and in procuring those
9 services
shall be exempt from the
requirements of the state purchasing law or regulation.
10 (e) Any outside contractor or vendor hired to provide services in the review of the
11 security of a computer system shall be bound by the
confidentiality provisions of this section.
12 SECTION
10.
TITLE 35 of the
General
Laws entitled
"Public
Finance"
is hereby
13 amended by
adding thereto the following chapter:
14 CHAPTER 7.1
15 THE OFFICE
OF INTERNAL
AUDIT
16 35-7.1-1. Establishment of office of internal audit. -- (a) There is hereby established
17 within the office of management and budget an office of internal audit. Within the office of
18 internal audit, there shall be a chief, appointed by the director of administration, who shall be the
19 administrative head of the office. The person so selected to be the chief shall be selected without
20 regard to political affiliation and with a demonstrated ability in the following areas: accounting,
21 auditing, financial analysis, investigation, management analysis, and public administration. The
22 office of internal audit will report to
the office of management and budget director. Any reference
23 in general law to
the
"bureau of audits" shall mean the office of internal audit.
24 (b) The chief of the office of internal audit shall not hold, or be a candidate for, any
25 elective or any other appointed public office while a chief. No current chief shall hold a position
26 in any political party or political committee, or, aside from voting, actively
engage in the political
27 campaign of any candidate for public
office
that may cause
a real or perceived conflict of interest,
28 or participate as
a board member of any entity that receives state or federal funding.
29 (c) No employee of the office of internal audit shall hold, or be a candidate, for any
30 elective public office while an employee, nor shall he/she hold a position in any political party or
31 political committee or,
aside
from
voting, actively
engage
in a political
campaign
of
any
32 candidate for public office that may cause a real or perceived conflict of interest, or participate as
33 a board
member of any not for profit entity that receives
state or federal funding.
34 (d) Purposes and scope. The office of internal audit is authorized to conduct audits of any
1 state department, state agency, or private entity that is a recipient of state funding or state grants.
2 In addition, the office of internal audit is authorized, but not limited to, evaluating the efficiency
3 of operations and internal
controls, preventing and detecting fraud,
waste,
abuse or
4 mismanagement in the expenditure of public funds, whether federal, state, or local, which are
5 related to any and all state programs and operations as well as the procurement of any goods,
6 services, or construction, by public bodies. As deemed necessary or expedient by the office of
7 internal audit, audits may be made relative to the financial affairs or the economy and efficiency
8 of management of each department, agency or public body. The office of internal audit shall
9 determine which
such audits shall be performed
in accordance with a risk-based evaluation.
10 (e) "Public body"
or
"public
bodies" under
this chapter
shall
mean state agencies,
11 bureaus, divisions, departments, offices, commissions, boards, institutions, including the public
12 institutions of higher education, districts, authorities, quasi-agencies or political subdivisions
13 created by the general assembly, or the governor. "Public body" shall also include any city and
14 town within the state of Rhode Island but municipal audits under this chapter shall only cover the
15 expenditure of state or federal funds distributed by the state. Audits and investigations of public
16 bodies may include the expenditures by nongovernmental agencies of federal, state, and local
17 public funds.
18 35-7.1-2. Duties. --
(a) The chief of internal audit shall supervise, coordinate and/or
19 conduct audits, civil and administrative investigations, and inspections or oversight reviews,
20 when necessary, relating to expenditure of state or federal funds or to any and all state programs
21 and operations as well as the procurement of any supplies, services, or construction, by public
22 bodies. In the course of an audit or investigation, the office of internal audit shall review statutes
23 and regulations of the public body and shall determine if such a public body is in compliance and
24 shall make recommendations concerning the efficiency of operations, and the effect of such
25 statutes or regulations on internal controls and the prevention and detection of fraud, waste and
26 abuse. The chief of internal audit may recommend policies or procedures that may strengthen
27 internal
controls,
or
assist
in the
prevention
or detection of fraud, waste
and
abuse or
28 mismanagement.
29 (b) The person or persons with legal authority for any public body may request the
30 assistance of the office of internal audit. Any such request must include the scope of services
31 requested and the work to be performed. In such events the chief, with the approval of the
32 director of management and budget, may assign personnel to conduct, supervise or coordinate
33 such activity as deemed necessary and appropriate to perform his/her duties in a diligent and
34 prudent manner. The expenses for any such assistance requested by the public body shall be
1 reimbursed by the public body to the office of internal audit. The chief may recommend policies
2 for the conduct, supervision or coordination of relationship, between state and other state, local
3 governmental agencies as well as federal governmental agencies and nongovernmental entities
4 with respect to all matters relating to the prevention and detection of fraud, waste, abuse or
5 mismanagement in or relating to
any and all programs and
activities
of
the state of
Rhode Island.
6 (c) When it is determined by
the
office of internal audit that an audit is necessary because
7 there is sufficient evidence to believe that there may have been fiscal impropriety, wrongdoing or
8 fiscal mismanagement by any agent, employee, board member, or commissioner of any public
9 body, the office of internal audit may conduct a forensic examination of such entity. All costs
10 associated with the forensic examination shall be paid, as deemed appropriate, either by the
11 examined entity or by an appropriation by the general assembly. Such costs shall include, but not
12 be limited
to, the following expenses:
13 (1) One hundred percent (100%) of the total salaries and benefits paid to the examining
14 personnel of the office
of internal audit engaged in
those
examinations;
15 (2) All costs associated with
the procurement of a forensic consultant;
16 (3) All costs associated with a consultant that
provides expertise
pertinent to
the
17 examinee's operations;
18 (4) All reasonable
administrative and technology costs related to the forensic examination
19 process. Technology costs shall include the actual cost of software and hardware utilized in the
20 examination process and the cost of training examination personnel in the proper use of the
21 software and
hardware.
22 35-7.1-3.
Investigations or management advisory
and
consulting services
upon
23 request of governor or general assembly. --
The office of internal audit may, upon the written
24 request of the governor or of the general assembly conduct audits, provide management advisory
25 and consulting services, or conduct investigations relative to the financial affairs or the economy
26 and efficiency of management, or both, of any public bodies as defined in §35-7.1-1(e). The
27 office of internal audit may from time to time make such investigations and additional reports to
28 the governor, the director of the department of administration, the director of the office of
29 management and budget and the
general assembly as deem necessary or advisable.
30 35-7.1-4. Management advisory and consulting services provided to public bodies. --
31 When requested in writing by a public body to the chief, the office of internal audit may provide
32 management advisory or consulting services to the public body. Any such request must include
33 the scope of services requested and
a schedule for the work to
be performed.
34 35-7.1-5. Persons authorized to conduct audits – Reports of irregularities. --
Any
1 qualified person duly authorized by the director of management and budget to act as auditor may
2 examine the books, papers, and documents of any public body having control of state or federal
3 funds, and if the audit discloses any irregularities or improper handling of records or funds, the
4 auditor shall
report the
same
to the chief
who shall in
turn
report such
findings
and
5 recommendations to the director of management and budget, who shall further report to the
6 director of administration.
7 35-7.1-6.
Inspection of
records
and
papers
– Investigations.
--
(a) The chief,
in
8 carrying out the duties outlined in this chapter, shall have access to all records, reports, audits,
9 reviews, papers, books, documents, recommendations, correspondence, including information
10 relative to the
purchase
of
goods or services or anticipated purchase of goods
or
services from any
11 agent, contractor or vendor by any public body as defined in §35-7.1-1(e), and any other data and
12 material that is maintained by or available to any public body regardless of the media in which it
13 is maintained which is in any way related to the programs and operations with respect to public
14 bodies.
15 (b) The chief may request information and records, cooperation and assistance from any
16 state, or local governmental agency as may be necessary for carrying out his/her duties and
17 responsibilities. Upon receipt of such request, each person in charge of the public body shall
18 furnish to the chief or his/her authorized agent or representative such information and records,
19 cooperation and assistance, including information relative to the purchase of goods or services or
20 anticipated purchase of goods or services from any contractor or vendor by any public body
21 within ten (10) business days of receipt of the chief's request. If the public body is unable to
22 comply with
the request for records and/or information within
(10) business days,
the public body
23 must notify the chief prior to the expiration of the ten (10) ten business days in writing as to the
24 reason or reasons why the request cannot be fulfilled within this
time and whether additional time
25 is necessary.
26 (c) The chief may initiate and conduct audits, investigations, and compliance reviews and
27 shall prepare detailed findings, conclusions, and recommendations concerning the administration
28 of programs or operations, and
internal controls over processes of public
bodies.
29 (d) The chief shall have direct and prompt access to any public body, its agents, officers
30 and employees when necessary for any purpose pertaining to the performance of his/her duties
31 and responsibilities under this chapter.
32 35-7.1-7. Complaint – Investigation. --
(a) The chief shall accept and may
investigate or
33 audit complaints or information from any identified individual concerning the possible existence
34 of any activity constituting fraud, waste, abuse or mismanagement relating to programs and
1 operations
of
public bodies.
2 (b) The chief shall not, after receipt of a complaint or information from an employee,
3 contractor or private citizen who requests confidentiality, disclose the identity of that individual,
4 without the written consent of said individual, unless the chief determines such disclosure is
5 necessary and unavoidable during the course of an investigation. In such event, the individual
6 filing the complaint shall be
notified if possible immediately of such disclosure.
7 (c) Employees
are protected under the
chapter 50
of
title 28
"Rhode Island
8 Whistleblowers
Protection Act."
9 35-7.1-8. Reports to the state police. --
In carrying out his/her duties and
10 responsibilities, the chief shall report to the Rhode Island state police, whenever the chief has
11 reasonable
grounds to
believe
there
has been a violation of federal or state criminal law. The chief
12 shall also refer findings to the state ethics commission, or to any other federal, state or local
13 agency, with an interest in said findings in the discretion of the chief. Any referrals made under
14 this section
shall not be made
public by the office of internal audit.
15 35-7.1-9. Coordination with other state agencies. -- The chief may coordinate with
16 other state agencies that are responsible for investigating, auditing, reviewing or evaluating the
17 management of public bodies for the purpose of sharing information and avoiding duplication of
18 effort.
19 35-7.1-10. Annual and interim reports. -- (a) The office of internal audit shall prepare
20 an annual report summarizing the activities of the office of internal audit for the prior fiscal year.
21 The office of internal audit may also prepare interim performance reports. These reports shall be
22 presented to the director of management and budget. The annual reports shall be posted on the
23 office's
website.
24 (b) The
annual report shall
include,
but not
be limited to: a
general description of
25 significant problems in the areas of efficiencies, internal controls, fraud, waste, and abuse within
26 programs
and
operations
within
the jurisdiction
of the
office;
a
general description of the
27 recommendations for corrective actions made by the office during the reporting period with
28 respect to significant deficiencies in the areas of efficiencies, internal controls, fraud, waste, and
29 abuse; the identification of each significant recommendation described in previous annual reports
30 on which corrective action has not been completed; a summary of matters referred to prosecuting
31 authorities; a summary of any matters concerning the recovery of monies as a result of an audit
32 finding or civil suit or a referral to another agency for the purposes of such suit; a list of all audit
33 reports completed by the office during the reporting period and a statement of recommendations
34 of amendment to this chapter or the rules regulations or procedures governing the office of
1 internal audit which
would improve the
effectiveness or the
operations of the
office.
2 (c) The annual report of the office of internal audit shall be made public on the day of
3 filing.
4 (d) Within twenty (20)
calendar days
following
the date
of the
issuance of the
5 management response copy of the draft audit report, the head of the department, agency, public
6 body or private entity audited shall respond in writing to each recommendation made in the audit
7 report. This response shall address the department's, agency's, or public body's or private entity's
8 plan of corrective action, the party responsible to implement the corrective action plan, and the
9 anticipated date to complete the implementation of the corrective action; and if applicable, the
10 reasons for disagreement with any recommendation proposed in the audit report and justification
11 of management's acceptance of
risk. The office
of
internal
audit
may perform
follow-up
12 procedures for the purpose of determining whether the department, agency, public body or private
13 entity has implemented, in an efficient and effective manner, its plan of correction action for the
14 recommendations proposed in the
audit report or addressed the risk discussed in the audit report.
15 (e) Copies of each audit report, inclusive of management's responses noted in (e) above
16 shall be submitted to the chairpersons of the house finance committee, and the senate finance
17 committee and
posted on the
office's website.
18 SECTION
11.
Section 42-13-2
of
the General Laws
in Chapter 42-13 entitled
19 "Department of Transportation" is hereby amended
to
read as follows:
20 42-13-2. Organization and functions of the department. -- (a) The department shall be
21 organized in accordance with a project management-based program and shall utilize an asset
22 management system.
23 (1) A project management-based program, manages the delivery of the department's
24 portfolio of
transportation improvement projects from
project
conception
to the
project
25 completion.
Project management activities include:
26 (i) Managing and
reporting on the delivery status of portfolio
projects;
27 (ii) Developing overall workload and budget for the portfolio;
28 (iii) Developing
and implementing the tools to estimate the resources necessary to
deliver
29 the projects; and
30 (iv) Developing and
implementing
processes and tools to improve the management of the
31 projects.
32 (2) Asset management is the process used for managing transportation infrastructure by
33 improving decision making
for resource allocation. Asset management activities include
a
34 systemic process based on economic, engineering and business principles which includes the
1 following functions:
2 (i) Completing a
comprehensive
inventory of system assets;
3 (ii) Monitoring system performance; and
4 (iii) Performing analysis utilizing accurate data for managing various assets within the
5 transportation network.
6 (b) The director of transportation shall appoint a chief operating officer to oversee the
7 day-to-day operations
of
the department.
8 (c) The department shall be organized into such divisions as are described in this section
9 and such other divisions, subdivision, and agencies as the director shall find are necessary to
10 carry out the responsibilities of the department, including: office of audit; division of finance;
11 division of planning; division of project management; division of operations and maintenance;
12 office of civil rights; office of safety; office
of external affairs; office
of legal; office of personnel;
13 office of information services.
14 (d) The director may assign such other responsibilities as he or she shall find appropriate
15 and may reassign functions other than as set out in this section if he or she finds the reassignment
16 necessary to the proper and efficient functioning of the department or of the state's transportation
17 system.
18 (e) The department shall submit a report annually no later than March 31 to the speaker
19 of the house, the president of the senate, and the house and senate fiscal advisors concerning the
20 status of the ten (10) year transportation plan.
21 SECTION 12. Section 42-155-7 of the General Laws in Chapter 42-155 entitled "Quasi-
22 Public Corporations
Accountability and Transparency Act" is
hereby amended to read as follows:
23 42-155-7. Audit of quasi-public corporations. -- (a) Commencing January 1, 2015, and
24 every five (5) years thereafter, each quasi-public corporation shall be subject to a performance
25 audit, conducted in compliance with the generally acceptable governmental auditing standards or
26 the standards for the professional practice of internal auditing, by
the
chief of the bureau of audits
27 office of internal
audit. The chief,
in collaboration with the quasi-public
corporation, shall
28 determine the scope
of the
audit.
To assist
in the performance
of
an
audit,
the chief,
in
29 collaboration with the quasi-public corporation, may procure the services of a certified public
30 accounting firm, which shall be a subcontractor of the
bureau of audits office of internal audit,
31 and shall be under the direct supervision of the bureau of audits office of internal audit. The chief
32 of the
bureau of audits office of internal audit shall establish a rotating schedule identifying the
33 year in which each quasi-public corporation shall be audited. The schedule shall be posted on the
34 website of the
bureau of audits office
of
internal audit.
1 (b) The audit shall be conducted in
conformance with chapter 7 of title 35 ("Post Audit of
2 Accounting").
3 (c) Each quasi-public corporation shall be responsible for costs associated with its own
4 audit.
The
chief and each quasi-public corporation shall agree upon reasonable costs
for
the audit,
5 not to exceed seventy-five thousand dollars ($75,000), that shall be remitted to the bureau of
6 audits office of internal audit.
7 (d) The results of the audit shall be made public upon completion and posted on the
8 websites of the bureau
of audits office of internal audit and the quasi-public
corporation.
9 (e) For
purposes of
this section,
a
performance audit
shall
mean an independent
10 examination of a program, function, operation, or the management systems and procedures of a
11 governmental or nonprofit entity to assess whether the entity is achieving economy, efficiency,
12 and effectiveness in the employment of an
available resources.
13 SECTION
13.
Section 42-12-1.4
of
the General Laws
in Chapter
42-12
entitled
14 "Department of Human
Services"
is hereby repealed:
15 42-12-1.4. Transfer of functions from the department of health. -- There is hereby
16 transferred from the department of health to the department of human services the administration
17 and management of the special supplemental nutrition program for women, infants, and children
18 (WIC) and all functions and resources associated therewith.
19 SECTION
14.
Section 42-18-5
of
the General Laws
in Chapter 42-18 entitled
20 "Department of Health" is hereby amended
to read as follows:
21 42-18-5. Transfer of powers and functions from department of health. -- (a) There
22 are hereby transferred to
the
department of administration:
23 (1) Those functions of the department of health which were administered through or with
24 respect to departmental programs in the performance of strategic planning as defined in § 42-11-
25 10(c);
26 (2) All officers, employees, agencies, advisory councils, committees, commissions, and
27 task forces of the department of health who were performing strategic planning functions as
28 defined in
§ 42-11-10(c); and
29 (3) So much of other functions or parts of functions and employees and resources,
30 physical and funded, related thereto of the director of health as are incidental to and necessary for
31 the performance
of
the functions transferred
by subdivisions
(1) and (2).
32 (b) There is hereby transferred to the department of human services the administration
33 and management of the special supplemental nutrition program for women, infants, and children
34 (WIC) and
all
functions and resources associated therewith.
1 (c)(b)There is hereby transferred to the executive office of health and human services the
2 HIV/AIDS care and treatment programs and all functions and resources associated therewith.
The
3 department of health shall retain the HIV surveillance and prevention programs and all functions
4 and resources
associated therewith.
5 SECTION 15. Chapter 42-18 of the General Laws entitled "Department of Health"
is
6 hereby amended by
adding thereto the following section:
7 42-18-6. Transfer of functions from the department of human services. --
There is
8 hereby transferred
to the department
of health
those functions and resources
formerly
9 administered by the department of human services relating to the administration and management
10 of the special supplemental nutrition program for women, infants, and children (WIC) authorized
11 by §23-13-17 of the
Rhode Island General Laws.
12 SECTION 16. Sections 30-17.1-1, 30-17.1-2, 30-17.1-3, 30-17.1-4, 30-17.1-5, 30-17.1-6,
13 30-17.1-7, 30-17.1-9, 30-17.1-10, 30-17.1-11 and 30-17.1-13 of the General Laws in Chapter 30-
14 17.1 entitled "Veterans' Affairs"
are hereby amended
to read as follows:
15 30-17.1-1. Appropriations. -- The
general assembly shall annually appropriate such
16 sums as it may deem necessary for the support of the veterans' home in the town of Bristol, any
17 veterans' cemetery authorized and established by the general assembly, and the assistance of the
18 widows, widowers,
and
dependent
children of
deceased
veterans,
known
as the
"veterans'
19 assistance fund", for the assistance of worthy dependent veterans, and the dependent worthy
20 families of those veterans who served in the army, navy, marine corps, coast guard, and air force
21 of the United States and were honorably discharged from that service, and for such clerical
22 assistance as may
be required in connection with the administration of that program; and the state
23 controller is hereby authorized and directed to draw an order upon the general treasurer for the
24 payment of such sums as may be from time to time required, upon receipt by the state controller
25 of proper vouchers approved by the director of human services veterans' affairs.
26 30-17.1-2. Powers of division office of veterans' affairs. -- The division office of
27 veterans' affairs, in the department of human services, in addition to having the control and
28 management of veterans' affairs, shall have custody of all records inquiring into the needs of
29 worthy
veterans and the needs of dependent worthy
families of those veterans, residing
within the
30 State
of
Rhode
Island,
and
shall
also
assist
such cases
as examination proves worthy of
31 assistance, in such sums of money and by such methods as will, in the judgment of that
division
32 office, best relieve
the
needs of worthy applicants
for
assistance.
33 30-17.1-3. Oath of officials – Bonds. -- All officials appointed under the provisions of
34 this chapter or chapter 24 of this title shall be duly sworn to the faithful performance of their
1 duties. The director of human services veterans' affairs
may, in the director's discretion,
require of
2 all officials subordinate to the director, bonds
for the
faithful performance of
their duties.
3 30-17.1-4. Veterans' claims assistance. -- Upon request, the director of the department
4 of human services veterans' affairs, or his or her designee, shall, in accordance
with the
applicable
5 rules and regulations of the department of veterans' affairs of the United States, prepare and
6 present all veterans' pension and compensation claims qualifying under the provisions
of § 42-12-
7 5. The
department of human services office of veterans' affairs shall render this
assistance
without
8 charge
to the claimant for the assistance.
9 30-17.1-5. Requiring veteran to enter home. – The director of
human services of
10 veterans' affairs, or his or her designee, may, in his or her discretion, require any veteran who has
11 no dependent parents, wife, or children, and who desires assistance as provided in this chapter, to
12 become a resident of the veterans' home in
order to enjoy the benefits of this chapter.
13 30-17.1-6. Establishment of the office of veterans' affairs; division director. -- (a)
14 There is hereby established within the executive branch of government and the department of
15 human services an office
director of the division of veterans' affairs. The director of the division
16 office of veterans' affairs shall be a person qualified through experience and training and shall be
17 an honorably discharged war veteran of the United States armed forces. The director of the
18 division office of veterans' affairs shall
be appointed by and report directly to the director of the
19 department of human services governor, but the office shall reside within the department of
20 human services for administrative purposes. and be in the
unclassified
service.
21 (b) The director of veterans' affairs shall have all such powers, consistent with law, as are
22 necessary and/or convenient to effectuate the purposes of this chapter and to administer its
23 functions, including, but, not limited to, the power to promulgate and adopt regulations. The
24 director shall have authority to apply for, receive, and administer grants and funds from the
25 federal government and all other public and private entities to accomplish the purposes of the
26 office.
27 30-17.1-7. Annual report to general assembly. -- The director of human services of
28 veterans' affairs shall report annually no later than January 31st of each year to the governor,
29 speaker
of
the house
of
representatives,
the
senate president,
house and senate finance
30 committees,
setting forth in detail the condition of the veterans' home, any veterans' cemetery,
31 authorized and established by the general assembly, and in general the character of the work of
32 veterans' affairs; and shall render in the report a faithful account of all moneys received and
33 expended by
the
director of human services and by
the division office of veterans'
services affairs
34 in the execution of the provisions of this chapter and chapter 24 of this title, excepting the names
1 of persons
to whom they have furnished assistance which shall be omitted.
2 30-17.1-9. Definitions. -- When
used in this chapter, the following terms shall have the
3 following meanings:
4 (1)
"Advisory
Committee" means the veterans' services strategic plan
advisory committee
5 as established in § 30-17.1-10.
6 (2) "Committee" means the veterans' committee pursuant to the provisions of subdivision
7 30-17.1-11(c)(8).
8 (3) "State agencies"
means state entities responsible for the implementation of services
9 for Rhode
Island
veterans and
their families including:
10 (i) The division office of veterans' affairs;
11 (ii) The
division of planning;
12 (iii) The
department of human
services;
13 (iv) The
Rhode Island board
of education;
14 (v) The department of behavioral healthcare, developmental disabilities
and
hospitals;
15 (vi) The department of health;
16 (vii) The
division of elderly affairs;
17 (viii) The
department of business regulation;
18 (ix) The
department of the attorney general;
19 (x) The
department of labor and training;
20 (xi) The economic development corporation; and
21 (xii) The
office of the secretary of state.
22 (4) "Veterans' Services Strategic Plan ("VSSP')" means the strategic plan as established
23 in § 30-17.1-11.
24 30-17.1-10. Veterans' services strategic plan advisory committee established. -- (a)
25 There is hereby created a veterans' services strategic plan advisory committee known as "the
26 Rhode Island veterans' services strategic plan advisory committee" consisting of thirteen (13)
27 members
as follows:
28 (1) One of whom shall be the director of the
division office of veterans' affairs, or his or
29 her designee,
who
shall serve
as co-chairperson;
30 (2) One of whom shall be the director of the department of human services, or his or her
31 designee, who shall serve as
co-chairperson;
32 (3) One of whom shall be the associate director of the division of planning, or his or her
33 designee;
34 (4) One of whom shall be the chair of the Rhode Island board of education, or his or her
1 designee;
2 (5) One of whom shall
be the
director of the department
of
behavioral
healthcare,
3 developmental disabilities and
hospitals, or his or her designee;
4 (6) One of whom shall be the
director of department of health, or his or her designee;
5 (7) One of whom shall be the director of the division of elderly affairs, or his or her
6 designee;
7 (8) One of whom shall be the director of the department of business regulation, or his or
8 her designee;
9 (9) One of whom shall be the
attorney general,
or his or her designee;
10 (10) One of whom shall be the director of the department of labor and training, or his or
11 her designee;
12 (11) One of whom shall be the director of the economic development corporation, or his
13 or her designee;
14 (12) One
of whom shall be the secretary of state, or his or her designee;
15 (13) One of whom shall be the adjutant general of the Rhode Island National Guard, or
16 his or her designee.
17 (b) Forthwith upon the passage of this chapter, the members of the advisory committee
18 shall meet at the call of the chairperson and organize. Thereafter, the committee shall meet
19 quarterly and at the
call of the chairperson or three
(3) members of the advisory committee.
20 (c) All departments and agencies of the state shall furnish such advice and information,
21 documentation,
and
otherwise to
the committee and
its
agents as is deemed necessary
or desirable
22 by the
advisory committee to
facilitate the purposes of this chapter.
23 (d) The department of human services, division of veterans' affairs, is hereby directed to
24 provide suitable
quarters
and
staff for the
advisory committee.
25 (e) All departments and agencies of the state shall furnish such advice and information,
26 documentation, and otherwise
to
the commission
and its agents
as is
deemed
necessary or
27 desirable by the
advisory committee to facilitate the purposes of this chapter.
28 (f) The members of the advisory committee shall receive no compensation for their
29 services. Members of the committee shall serve for a term of three (3) years and
may not succeed
30 themselves more than once after January 1, 2016.
31 30-17.1-11. The duties of the committee. -- (a) The advisory committee acting through
32 the division
office of veterans' affairs, shall work in conjunction with the department of human
33 services to develop, maintain and annually update a five (5) year statewide veterans' services
34 strategic
plan
("VSSP"),
that
includes
goals
and
measurable outcomes
to ensure that all
1 departments
deliver comprehensive
services and supports for veterans and their families.
2 (b) The advisory committee shall conduct an analysis of study
toward the development of
3 the "VSSP" that shall include,
but not be limited to, the
following veterans' issues:
4 (1) Access to benefits;
5 (2) Employment opportunities;
6 (3) Veteran-owned
small business growth;
7 (4) Educational attainment;
8 (5) Job
skills training;
9 (6) Behavioral health;
10 (7) Long-term health care
options;
11 (8) Criminal justice issues; and
12 (9) Homelessness.
13 (c) Establish
a
veterans' committee
comprised of
no
fewer than five (5)
veterans,
14 representing diverse interests and viewpoints, that shall provide input to the advisory committee
15 on all matters pertaining to the preparation or implementation of the veterans' services strategic
16 plan. The committee shall receive administrative support from the departments and the members
17 shall not receive compensation for their service. The committee shall meet at least quarterly and
18 at the
call of the co-chairs
or
four (4) members
of the
veterans' committee.
19 (d) The
"VSSP"
shall:
20 (1) Be based upon comprehensive data gained through open and transparent engagement
21 of veterans' stakeholders;
22 (2) Produce
veteran-centric policies and
procedures informed by forward looking
23 planning;
24 (3) Realistically assess resource adequacy and
capabilities delivered;
25 (4) Ensure
that existing resources are aligned to
mission critical objectives;
26 (5) Compliment, as well as leverage, existing US Veterans' Administration programs and
27 best practices;
28 (6) Foster
state, federal and
private partnerships that
seamlessly
deliver exceptional
29 services
to the state's veteran population; and
30 (7) More effectively coordinate the delivery of veterans' services to all current and future
31 veterans
in Rhode Island.
32 30-17.1-13. Veterans' "pocket guide" and online resource application. -- Contingent
33 upon funding:
34 (1) The division director of the office of veterans' affairs shall produce and annually
1 update a comprehensive "Pocket Guide Of Veterans' Services." This document shall be concise
2 yet thorough
compendium of the
benefits
and
services available to
veterans in
Rhode
Island.
3 (2) Additionally, the division director of veterans' affairs shall develop and maintain a
4 veterans' online resource
application of this information.
5 (3) The division director of veterans' affairs is hereby authorized to accept grants and
6 donations for this project.
7 SECTION 17. Section 30-24-5 of the General Laws in Chapter 30-24 entitled "Rhode
8 Island
Veterans' Home" is hereby amended to
read
as
follows:
9 30-24-5. Functions of advisory council. -- The advisory council for veterans' affairs
10 shall exercise and perform all the duties and functions formerly exercised and performed by the
11 advisory council for the Rhode Island veterans' home. The advisory council for the Rhode Island
12 veterans'
home
is hereby
abolished. The advisory council
for
veterans'
affairs
shall
make
13 suggestions to and shall advise the director of
human services the office of veterans' affairs and
14 the administrator of the veterans' home concerning the policies, rules, and the regulations of the
15 Rhode Island veterans' home; provided,
however, that
the advisory council shall have no
16 administrative
power.
17 SECTION 18. Section 42-129-2 of the General Laws in Chapter 42-129 entitled "Persian
18 Gulf War Information
Relief Commission" is hereby amended to
read
as follows:
19 42-129-2. Commission established.
-- (a) There is established a Legislative Advisory
20 Persian Gulf War information and relief commission which shall obtain information relating to
21 the health effects of exposure to any Gulf War-related risk substance for veterans of this state
22 who may have been exposed to any such substance in the Persian Gulf region or Southwest Asia
23 during their period of military service in the 1990-1991 Persian Gulf War or current Persian Gulf
24 hostilities or hostilities
anywhere in
Southwest Asia
subsequent to September 11, 2001.
25 (b) The commission consists of eleven (11) members who shall serve for a term of five
26 (5) years,
five (5) non-appointed
commissioner positions shall include:
27 (i) The associate director
of the division of veteran's affairs or his or her designee;
28 (ii) The
president of the united
veteran's council, or his or her designee;
29 (iii) The
chairperson
of the Multi Service council of Rhode Island or
his or her designee;
30 (iv) The past associate director of the division of veteran's affairs or his or her designee;
31 and
32 (v) The chairperson of the
advisory council to veteran's
affairs,
or
his or her designee.
33 The remaining four (4) members are appointed
as follows:
34 The president of the senate shall appoint two (2) members, one of whom shall be a
1 licensed physician in epidemiology, and one of whom shall be a veteran who served in South
2 West Asia subsequent to September 11, 2001; the speaker of the house of representatives shall
3 appoint two (2) members, one of whom shall be an honorably discharged veteran from the
4 Persian Gulf War; and the minority leaders of the senate and the house of representatives shall
5 each appoint one member, one who shall be an honorably discharged veteran, and one who
6 served in the Persian Gulf during the 1990-1991 Persian Gulf War. The associate director of the
7 division office of veterans'
affairs, the
president
of
the united veterans' council and the
8 chairperson of the advisory council shall be appointed for a term to expire August 31, 2010. The
9 members appointed by the president of the senate and the speaker of the house shall be appointed
10 for a term to expire August 31, 2009; the members appointed by the minority leaders of the house
11 of representatives and senate shall be appointed for a term to expire August 31, 2008. Thereafter
12 the commissioners shall serve staggered five (5) year terms, each member serving until his or her
13 successor shall be appointed.
14 (c) The commission shall elect a chairperson from among its members. Reappointments
15 shall be made in the same manner as the original appointment. Vacancies in the membership of
16 the commission and its officers shall be filled for the unexpired term in the same manner as the
17 original appointment or election. The commission shall meet at least four (4) times a year at the
18 call of the chairperson. The initial meeting of the commission
shall be called by the director of the
19 department of human services not later than September 1, 2006. The members of the commission
20 shall receive no compensation
for their services.
21 SECTION 19. Chapter 42-51 of the General Laws entitled "Governor's Commission on
22 Disabilities" is
hereby amended
by adding thereto the following section:
23 42-51-12. Designated state entity. --
(a) The governor's commission on disabilities shall
24 be the designated state entity (DSE), pursuant to section 705(e) of the Workforce Innovation and
25 Opportunity Act (29 U.S.C. 796c). As
the
DSE, the commission
shall apply for and:
26 (1) Receive, account for, and disburse funds received by the state under Part B based on
27 the state independent living plan (SILP);
28 (2) Provide
administrative support services for a
program under Part B;
29 (3) Keep such records and
afford such access to such records as the administrator finds to
30 be necessary with respect to
the programs;
31 (4) Submit such additional information or provide such assurances as the administrator
32 may require
with
respect to the programs; and
33 (5) Retain not more than five percent (5%) of the funds received by the state for any
34 fiscal year under Part B, for the performance of the services outlined in paragraphs (a)(1) through
1 (4) of this section. For purposes of these regulations, the five percent (5%) cap on funds for
2 administrative expenses applies only to the Part B funds allocated to the state and to the state's
3 required ten percent (10%) Part B match. It does not apply to other program income funds,
4 including, but not limited to,
payments provided
to the state from
the social security
5 administration for assisting social security beneficiaries and recipients to achieve employment
6 outcomes, any other federal funds, or to
other funds allocated by the state for IL purposes.
7 (b) The DSE shall carry out its other responsibilities under the act, including, but not
8 limited to, arranging for the delivery of IL services under Part B of the act, and for the necessary
9 and sufficient resources needed by the statewide independent living council (SILC) to fulfill its
10 statutory duties and authorities,
as
authorized in the approved
state plan.
11 (c) Fiscal and accounting requirements: The DSE shall adopt fiscal control and fund
12 accounting procedures as may be necessary to ensure the proper disbursement of and accounting
13 for federal funds provided to centers for independent living (CILs), SILCs, and/or other service
14 providers under the independent living services (ILS) program. The DSE must comply with all
15 applicable federal and state laws
and regulations, including those in 45 CFR parts 75.
16 (d) The SILC shall not be established as an entity within a state agency, including the
17 DSE. The SILC shall be independent of and autonomous from the DSE and all other state
18 agencies.
19 SECTION 20. Upon the designation of the governor's commission on disabilities as the
20 designated state entity, pursuant to section 705(e) of the Workforce Innovation and Opportunity
21 Act (29 U.S.C. 796c), the
governor is
hereby
authorized
to transfer
or reallocate the
22 appropriations and any other property of the designated state unit. Any proceedings or other
23 business or matters, undertaken or commenced prior to the effective date of this act by the
24 designated state
unit and pending on the
effective
date of this act,
may be conducted and
25 completed by the
governor's commission on disabilities.
26 SECTION
21.
Section
40.1-1-13 of the
General
Laws in
Chapter 40.1-1 entitled
27 "Department of Behavioral Healthcare, Developmental
Disabilities
and
Hospitals" is
hereby
28 amended to
read
as follows:
29 40.1-1-13. Powers and duties of the office. -- Notwithstanding any provision of the
30 Rhode Island general laws to the contrary, the department of mental health, retardation, and
31 hospitals shall have
the
following powers and duties:
1 promulgation of any such plans or policies;
2 (2) Evaluate and monitor all state grants and contracts to local substance abuse service
3 providers;
4 (3) Develop, provide for, and coordinate the implementation of a comprehensive state
5 plan for substance abuse education, prevention and treatment;
6 (4) Ensure the collection, analysis, and dissemination of information for planning and
7 evaluation
of
substance abuse services;
8 (5) Provide support, guidance, and
technical assistance
to individuals, local
9 governments, community service providers, public and private organizations in their substance
10 abuse education, prevention and treatment activities;
11 (6) Confer with all interested department directors to coordinate the administration of
12 state programs
and policies that directly affect substance abuse
treatment and prevention;
13 (7) Seek and receive funds from the federal government and private sources in order to
14 further the
purposes of this chapter;
15 (8) Act To act for all purposes in the capacity
of "state substance abuse authority"
as that
16 term has meaning the sole designated agency with the sole responsibility agency with the sole for
17 coordination planning, coordinating, managing, implementing and reporting on of state substance
18 abuse planning and policy and as it relates to requirements set forth in pertinent federal substance
19 abuse laws and regulations;
20 (9) Propose, review
and/or approve, as appropriate, proposals,
policies or plans involving
21 insurance
and managed care
systems
for
substance abuse services in Rhode Island;
22 (10) To enter into, in compliance with the provisions of title 37, chapter 2, contractual
23 relationships and
memoranda of agreement as necessary for the purposes
of this
chapter;
24 (11) To license facilities and programs for the care and treatment of substance abusers,
25 and for the
prevention of substance abuse;
26 (12) To promulgate rules and regulations necessary to carry out the requirements of this
27 chapter;
28 (13) Perform other acts and exercise any other powers necessary or convenient to carry
29 out the intent and
purposes of this chapter; and
30 (14) To exercise the authority and responsibilities relating to education, prevention and
31 treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter
1 (15) To establish a Medicare Part D restricted receipt account in the Hospitals and
2 Community Rehabilitation Services program to receive and expend Medicare Part D
3 reimbursements from pharmacy benefit providers consistent with the
purposes of this
chapter.
4 (16) To establish a RICLAS Group Home Operations restricted receipt account in the
5 services for the developmentally disabled program to receive and expend rental income from
6 RICLAS group clients for group home-related expenditures, including food, utilities, community
7 activities, and the
maintenance of group homes.
8 (17) To establish a non-Medicaid third-party payor restricted receipt account in the
9 hospitals and community rehabilitation services program to receive and expend reimbursement
10 from non-Medicaid third-party payors to fund hospital patient services that are not Medicaid
11 eligible.
12 (18) To act in conjunction with the executive office of health and human services as the
13 states co-designated agency for administering
federal aid and for the purpose of the calculation of
14 expenditures relative to
the
substance abuse block grant and
federal funding maintenance of effort
15 requirements.
16 SECTION 22. Section 42-7.2-2 of the General Laws in Chapter 42-7.2 entitled "Office of
17 Health and Human
Services" is
hereby amended
to
read as follows:
18 42-7.2-2. Executive office of health and human services. -- There is hereby established
19 within the executive branch
of state government an executive office of health and human services
20 to serve as the principal agency of the executive branch of state government for managing the
21 departments of children, youth and families, health, human services, and behavioral healthcare,
22 developmental disabilities and
hospitals. In this capacity, the office
shall:
23 (a) Lead the state's four (4) health
and human services departments in order to:
24 (1) Improve the economy, efficiency, coordination, and quality of health and human
25 services
policy and
planning,
budgeting and financing.
26 (2) Design strategies and implement best practices that foster service access, consumer
27 safety and
positive
outcomes.
28 (3) Maximize and leverage funds from all available public and private sources, including
29 federal financial participation, grants and awards.
30 (4) Increase public confidence by conducting independent reviews of health and human
31 services issues
in order to
promote
accountability and
coordination across departments.
1 (6) Administer
Rhode Island Medicaid
in the
capacity of the
single state
agency
2 authorized under title XIX of the U.S. Social Security act, 42 U.S.C. § 1396a et seq., and
exercise
3 such single state agency authority for such other federal and state programs as may be designated
4 by the governor. Except as provided for herein, nothing in this chapter shall be construed as
5 transferring to the secretary the powers, duties or functions conferred upon the departments by
6 Rhode Island general laws for the management and operations of programs or services approved
7 for federal financial participation under the authority of the Medicaid state agency.
8 (7) To act in conjunction with the department of behavioral healthcare, developmental
9 disabilities and hospitals as the state's co-designated agency for administering federal aid and for
10 the purpose of the calculation of expenditures relative to the substance abuse block grant and
11 federal funding maintenance of effort requirements.
12 SECTION 23. Section 36-4-2
of the General Laws in Chapter
36-4 entitled "Merit
13 System"
is hereby amended to
read
as follows:
14 36-4-2. Positions in unclassified service. -- (a) The classified service shall comprise all
15 positions in the state service now existing or hereinafter established, except the following specific
16 positions which with other positions heretofore or hereinafter specifically exempted by
legislative
17 act shall constitute
the unclassified
service:
18 (1) Officers and legislators elected
by
popular vote and persons
appointed to
fill
19 vacancies in
elective
offices.
20 (2) Employees of both houses of the
general assembly.
21 (3) Officers, secretaries, and employees of the office of the governor, office of the
22 lieutenant governor, department of state, department of the attorney general, and the treasury
23 department.
24 (4) Members of boards and commissions appointed by the governor, members of the
25 state board of elections and the appointees of the board, members of the commission for human
26 rights and the
employees of the
commission, and
directors of departments.
27 (5) The
following specific offices:
28 (i) In the department of administration: director, chief information officer;, cybersecurity
29 officer, director of office of management and budget, director of performance management,
30 deputy director, chief of staff, public information officer and legislative/policy director;, and
31 within the health benefits exchange: director, deputy director, administrative assistant, senior
32 policy analyst, and
chief strategic
planning monitoring and
evaluation;
1 elementary and
secondary education;
2 (iv) In
the department of higher education: commissioner of postsecondary education;
3 (v) In
the department of health: director, executive director,
and deputy director;
4 (vi) In
the department
of
labor
and training: director,
administrative
assistant,
5 administrator of the labor board and legal counsel to the labor board, executive director and
6 communications director;
7 (vii) In the
department of environmental management: director;
8 (viii) In the department of transportation: director, chief operating officer,
9 administrator/division of project management, administrator/division of planning, chief of staff,
10 communications director, legislative
director and policy director;
11 (ix) In
the department of human
services: director and director of veterans' affairs;
12 (x) In the
state
properties committee: secretary;
13 (xi) In the workers' compensation court: judges, administrator, deputy administrator,
14 clerk,
assistant clerk, clerk secretary;
15 (xii) In the
division of elderly affairs: director;
16 (xiii)
In the
department of behavioral healthcare, developmental disabilities and
17 hospitals: director;
18 (xiv) In the department of corrections: director, assistant director
19 (institutions/operations), assistant director (rehabilitative services), assistant director
20 (administration), and wardens;
21 (xv) In the department of children, youth and families: director, one assistant director,
22 one associate director, one executive
director,
and a chief of staff;
23 (xvi) In the
public utilities commission: public utilities administrator;
24 (xvii) In the
water resources board: general manager;
25 (xviii) In
the human resources investment council: executive director.
26 (xix) In the
office of health and
human services: secretary of health and human services.
27 (xx)
In the office of commerce: secretary, deputy secretary, chief of staff,
28 communications director, legislative
director,
and policy director.
29 (6) Chief of
the hoisting engineers, licensing division, and his
or
her
employees;
30 executive director of the
veterans memorial building and his or her clerical employees.
31 (7) One confidential stenographic secretary for each director of a department and each
32 board and
commission appointed by the governor.
33 (8) Special counsel, special prosecutors, regular and special assistants appointed by the
1 Rhode Island bar occupying a position in the state service as legal counsel to any appointing
2 authority.
3 (9) The academic and/or commercial teaching staffs of all state institution schools, with
4 the exception of those institutions under the jurisdiction of the board of regents for elementary
5 and secondary education
and the
board
of governors for higher education.
6 (10) Members of the military or naval forces, when entering or while engaged in the
7 military or naval service.
8 (11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the
9 supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic
10 tribunal, jurors and any
persons appointed by any court.
11 (12) Election officials
and
employees.
12 (13) Deputy sheriffs and other employees of the sheriffs division within the department
13 of public
safety.
14 (14) Patient or inmate help in state charitable, penal, and correctional institutions and
15 religious instructors of these institutions and student nurses in training, residents in psychiatry in
16 training, and clinical clerks in temporary training at the institute of mental health within the state
17 of Rhode
Island
medical center.
18 (15) (i) Persons employed
to make or conduct a temporary
and
special inquiry,
19 investigation, project or examination on behalf of the legislature or a committee therefor, or on
20 behalf of any other agency of the state if the inclusion of these persons in the unclassified service
21 is approved by the personnel administrator. The personnel administrator shall notify the house
22 fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person
23 in the unclassified
service.
24 (ii) The duration of the appointment of a person, other than the persons enumerated in
25 this
section, shall not exceed
ninety (90) days or until
presented
to the
department of
26 administration. The
department of administration may
extend the appointment another ninety (90)
27 days. In
no event shall the appointment extend
beyond
one hundred eighty (180) days.
28 (16) Members of the
division of state
police within the department of public safety.
29 (17) Executive
secretary of the Blackstone Valley district commission.
30 (18) Artist and curator of state
owned art objects.
31 (19) Mental health
advocate.
32 (20) Child
advocate.
33 (21) The position of aquaculture coordinator and marine infrastructure specialist within
34 the
coastal resources management council.
1 (22) Employees of the
office of the health insurance commissioner.
2 (23) In the
department of revenue: the director, secretary, attorney.
3 (24) In the
department of public
safety: the
director.
4 (b) Provided however that,
if
any position added to
the unclassified
service by legislative
5 act after January 1, 2015, is occupied by a classified employee on June 30, 2015, such position
6 shall remain
in
the classified
service
until such position
becomes vacant.
7 SECTION 24. Section 19 shall take effect on October 1, 2016. The remainder of this
8 article
shall take effect upon
passage.
9
=======
art.005/6/005/5/005/4/005/3/005/2/005/1
=======
1 ARTICLE 5
2 RELATING TO CAPITAL DEVELOPMENT PROGRAM
3 SECTION 1. Proposition to be submitted to the people. -- At the general election to be
4 held on the Tuesday next after the first Monday in November 2016, there shall be submitted to
5 the people for their approval or rejection the following proposition:
6 "Shall the action of the general assembly, by an act passed at the January 2016 session,
7 authorizing the issuance of bonds, refunding bonds,
and temporary notes of the state for the
8 capital projects and in the amount with respect to each
such
project listed below be approved, and
9 the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the
10 provisions
of
said act?"
11 Project
12 (1) Veterans Home $27,000,000
13 Approval of
this
question will
allow the
State
of Rhode Island to issue its general
14 obligation bonds, refunding bonds and temporary notes in an amount not to exceed twenty-seven
15 million dollars ($27,000,000) for the construction of a new Veterans Home and renovations of
16 existing facilities.
17 (2) Leveraging Higher Education to Create 21st Century Jobs $45,500,000
18 Approval of this question will allow the State of Rhode Island to issue general obligation
19 bonds, refunding bonds, and temporary notes in an amount not to exceed forty-five million five
20 hundred thousand dollars ($45,500,000) to make capital investments in higher education-related
21 projects,
to be allocated as follows:
22 (a) University of Rhode Island College
of Engineering $25,500,000
23 Provides twenty-five million five hundred thousand dollars ($25,500,000) to renovate
and
24 construct
an
addition
on
Bliss Hall,
one
of the
University
of
Rhode Island College
of
25 Engineering’s oldest buildings. This project is the second phase of a comprehensive program to
26 replace outdated buildings with a major new building and to renovate and build additions to the
27 existing complex of buildings serving the University of Rhode Island College
of Engineering.
28 (b) University of Rhode Island Affiliated Innovation
Campus
Program $20,000,000
29 Provides twenty million dollars ($20,000,000) to build one or more innovation campuses
30 involving business collaborations with the University of Rhode Island and may include other
1 higher
education institutions where cutting-edge research can be turned
into
new
products,
2 services
and
businesses.
3 (3) Port of Davisville Infrastructure at Quonset $50,000,000
4 Approval of this question will allow the State of Rhode Island to issue general obligation
5 bonds, refunding bonds,
and temporary notes in an amount not to exceed fifty million dollars
6 ($50,000,000) to
fund infrastructure modernization and repairs to
the
Port
of Davisville
at
7 Quonset, including Pier 2.
8 (4) Green
Economy $35,000,000
9 Approval of this question will allow the State of Rhode Island to issue general obligation
10 bonds, refunding bonds,
and temporary notes in an amount not to exceed thirty-five million
11 dollars ($35,000,000) for environmental and recreational purposes, to
be allocated
as follows:
12 (a) Historic
State Park Development Program $4,000,000
13 Provides
four
million dollars
($4,000,000) for
major
capital improvements to
State
14 properties,
including Fort Adams State
Park,
Brenton
Point,
Colt
State
Park and Goddard
15 Memorial State
Park.
16 (b) State
Land Acquisition Program $4,000,000
17 Provides four million dollars ($4,000,000) for the State to acquire fee simple interest or
18 conservation
easements to open space, farmland, watershed, and recreation
lands.
19 (c) State
Bikeway Development Program $10,000,000
20 Provides ten
million dollars ($10,000,000) for the State to
design and construct bikeways.
21 (d) Brownfield
Remediation
and Economic Development $5,000,000
22 Provides up to eighty percent (80%) matching grants to public, private, and/or non-profit
23 entities for brownfield remediation
projects.
24 (e) Stormwater Pollution Prevention
Program $3,000,000
25 Provides up to
seventy-five percent (75%) matching
grants for public, private and/or non-
26 profit entities for projects that reduce stormwater pollution.
27 (f) Local Recreation Development Matching Grant Program $5,000,000
28 Provides up to eighty percent (80%) matching grants to municipalities to develop public
29 recreational facilities in
Rhode
Island.
30 (g) Local Land Acquisition Matching Grant Program $4,000,000
31 Provides fifty percent (50%) matching grants to municipalities, local land trusts and non-
32 profit organizations to acquire fee-simple interest, development rights, or conservation easements
33 on open space and urban
parklands in
Rhode
Island.
34 (5) Housing Opportunity $50,000,000
1 Approval of this question will allow the State of Rhode Island to issue general obligation
2 bonds, refunding bonds,
and temporary notes in an amount not to exceed fifty million dollars
3 ($50,000,000) for affordable housing, urban revitalization, and blight remediation, to be allocated
4 as follows:
5 (a) Affordable
Housing Development $40,000,000
6 Provides forty million dollars ($40,000,000) for the state to develop affordable housing
7 opportunity programs through
the redevelopment of existing structures and/or new construction.
8 (b) Urban
Revitalization
and Blight Remediation $10,000,000
9 Provides
ten million
dollars
($10,000,000) for
the state to
provide
funding for
the
10 improvement of properties that are blighted or in need of revitalization, including residential and
11 commercial properties and public and
community spaces.
12 SECTION 2. Ballot labels and applicability of general election laws. -- The secretary
13 of state shall prepare and deliver to the state board of elections ballot labels for each of the
14 projects
provided
for in section
1 hereof with
the
designations "approve" or "reject" provided
next
15 to the description of each such project to enable voters to approve or reject each such proposition.
16 The general election
laws, so far as consistent herewith, shall apply to this
proposition.
17 SECTION 3. Approval
of projects by people. -- If a majority of the people voting on
18 the proposition provided for in section 1 hereof shall vote to approve the proposition as to any
19 project provided for in section 1 hereof, said project shall be deemed to be approved by the
20 people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be
21 limited to
the
aggregate amount for all such
projects as
set
forth in the proposition provided
for
in
22 section 1
hereof,
which
has
been approved
by the people.
23 SECTION 4. Bonds for capital development program. -- The
general treasurer is
24 hereby authorized and empowered with the approval of the governor and in accordance with the
25 provisions of this act to issue from time to time capital development bonds in serial form in the
26 name and on behalf of the state
in amounts
as may
be specified from time to time by the governor
27 in an aggregate principal amount not to exceed the total amount for all projects approved by the
28 people and designated as "capital development loan of 2016 bonds," provided, however, that the
29 aggregate
principal
amount
of such capital
development bonds and of any temporary notes
30 outstanding at any one time issued in anticipation thereof pursuant to section 7 hereof shall not
31 exceed the total amount for all such projects as have been approved by the people. All provisions
32 in this act relating to "bonds" shall also be
deemed
to apply to "refunding bonds."
33 Capital development
bonds
issued under
this
act shall be in
denominations of one
34 thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency
1 of the United States which at the time of payment shall be legal tender for public and private
2 debts. These capital development bonds shall bear such date or dates, mature at specified time or
3 times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in
4 which they are issued, bear interest payable semi-annually at a specified rate or different or
5 varying rates, be payable at designated time or times at specified place or places, be subject to
6 expressed terms of redemption or recall, with or without premium, be in a form, with or without
7 interest
coupons attached,
carry
such registration, conversion, reconversion, transfer, debt
8 retirement, acceleration and other provisions as may be fixed by the general treasurer, with the
9 approval of the governor, upon each issue of such capital development bonds at the time of each
10 issue. Whenever the governor shall approve the issuance of such capital development bonds, he
11 or she shall certify approval to the secretary of state; the bonds shall be signed by the general
12 treasurer and countersigned by the manual or facsimile signature of the secretary of state and
13 shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be
14 endorsed
on each bond so approved with a facsimile of his
or
her signature.
15 SECTION 5. Refunding bonds for 2016 capital development program. -- The general
16 treasurer is
hereby authorized and empowered,
with the
approval of the governor and in
17 accordance with the provisions of this act, to issue from time to time bonds to refund the 2016
18 capital development program bonds in the name and on behalf of the state, in amounts as may be
19 specified from time to time by the governor in an aggregate principal amount not to exceed the
20 total amount approved by the people, to be designated as "capital development program loan of
21 2016 refunding bonds" (hereinafter "refunding bonds").
22 The general treasurer with the approval of the governor shall fix the terms and form of
23 any refunding bonds issued under this act in the same manner as the capital development bonds
24 issued under this act, except that the refunding bonds may not mature more than twenty (20)
25 years
from the
date
of
original issue of the
capital development bonds
being refunded.
26 The proceeds of the refunding bonds, exclusive of any premium and accrual interest and
27 net the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the
28 general treasurer immediately to the paying agent for the capital development bonds which are to
29 be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they
30 are applied to prepay the capital development bonds. While such proceeds are held in trust, they
31 may be invested for the benefit of the state in obligations of the United States of America or the
32 State
of Rhode
Island.
33 If the general treasurer shall deposit with the paying agent for the capital development
34 bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when
1 invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
2 principal, interest, and premium, if any, on the capital development bonds until these bonds are
3 called for prepayment, then such capital development bonds shall not be considered debts of the
4 State of Rhode Island for any purpose from the date of deposit of such moneys with the paying
5 agent. The refunding bonds shall continue to
be a
debt of the state
until paid.
6 The term "bond" shall include "note," and the term "refunding bonds"
shall include
7 "refunding notes" when used
in
this act.
8 SECTION 6. Proceeds of capital development program. -- The
general treasurer is
9 directed to deposit the proceeds from the sale of capital development bonds issued under this act,
10 exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond
11 insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
12 in special accounts (hereinafter cumulatively referred to as "such capital development
bond
13 fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
14 have been approved by the people to be used for the purpose of paying the cost of all such
15 projects
so
approved.
16 All monies in the capital development bond fund shall be expended for the purposes
17 specified in the proposition provided
for
in section
1 hereof under the direction
and supervision of
18 the director of administration (hereinafter referred to as "director"). The director or his or her
19 designee shall be vested with all power and authority necessary or incidental to the purposes of
20 this act, including but not limited to, the following authority: (a) to acquire land or other real
21 property or any interest,
estate or
right therein
as may
be
necessary
or
advantageous
to
22 accomplish
the purposes of this act; (b) to direct payment for the preparation of any reports, plans
23 and specifications, and relocation expenses and other costs such as for furnishings, equipment
24 designing, inspecting and engineering, required in connection with the implementation of any
25 projects
set forth
in section 1 hereof;
(c)
to direct
payment for
the
costs
of
construction,
26 rehabilitation, enlargement, provision
of
service
utilities, and razing
of facilities, and other
27 improvements to land in connection with the implementation of any
projects set forth in section 1
28 hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
29 for repair, renovation or conversion of systems and structures as necessary for the 2016 capital
30 development program bonds or notes hereunder from the proceeds thereof. No funds shall be
31 expended in excess of the amount of the capital development bond fund designated for each
32 project authorized in
section 1 hereof. With respect to
the bonds and temporary notes described
in
33 section 1,
the
proceeds shall be used for the following purposes:
34 Question 1 relating to bonds in the amount of twenty-seven million dollars ($27,000,000)
1 will provide funds to the
Office of Veterans’ Affairs for the
construction
of a new Veterans Home
2 and renovation of existing facilities in Bristol, Rhode Island. Question 4 of the November 2012
3 Ballot authorized the issuance of general obligation bonds of up to ninety-four million dollars
4 ($94,000,000) for the construction of a new Veterans Home, but the authorizing language limited
5 the amount of bonds that could be issued by the amount of any federal funding received for this
6 project. The federal government is expected to contribute up to sixty million, five hundred
7 thousand dollars ($60,500,000) for this project, which would authorize the state to issue only
8 thirty-three million, five hundred thousand dollars ($33,500,000) in general obligation bonds
9 under the 2012 ballot authorization. The overall project cost is estimated to be one hundred
10 twenty million, five
hundred
thousand dollars ($120,500,000). This
new bond
authorization
11 would allow the state to issue an additional twenty-seven million dollars
($27,000,000) in general
12 obligation bonds, which when combined with the thirty-three million, five hundred thousand
13 dollars ($33,500,000) from the 2012 ballot authorization will provide a total of sixty-one million
14 dollars ($61,000,000) for the completion of this project. The total borrowing for the project from
15 this
proposal plus
the maximum
amount
allowed
to be borrowed under
the 2012 ballot
16 authorization will be thirty-three million five hundred thousand dollars ($33,500,000)
less than
17 the ninety-four million
dollars ($94,000,000) authorized
on the
2012 Ballot.
18 Question 2 relating to bonds in the amount of forty-five million five hundred thousand
19 dollars ($45,500,000) to be allocated as follows:
20 (a) University of Rhode Island - College
of Engineering $25,500,000
21 Provides funds to renovate and construct an addition on Bliss Hall, which is one of the
22 University of Rhode Island College of Engineering’s oldest buildings. This project is the second
23 phase of a comprehensive program to replace outdated buildings with a major new building and
24 to renovate and build additions to the existing complex of buildings serving the University of
25 Rhode Island College of Engineering. In addition to constructing an addition to historic Bliss
26 Hall, the project will restore the building and upgrade building systems, improve classrooms,
27 modernize teaching laboratories, and provide advanced research facilities for the next generation
28 of Engineering students and
faculty.
29 (b) University of Rhode Island Affiliated Innovation
Campus
Program $20,000,000
30 Provides funds to build one
or more innovation
campuses involving business
31 collaborations with the University of Rhode Island and may include other higher education
32 institutions where
cutting-edge
research can
be
turned
into
new products, services, and
33 businesses. The state will run a competitive selection process to determine the location and type
34 of campus or campuses to build. A winning proposal must involve the University of Rhode
1 Island, more than match the state's investment with private or federal funds, include at least one
2 business partner, and spur a substantial number of new jobs at a variety of skill levels. Preference
3 may be given
to proposals
that include
multiple higher education
institutions.
4 Question 3 relating to bonds in the amount of fifty million dollars ($50,000,000) to
5 modernize
the port infrastructure
at
the Port of Davisville
in
the Quonset Business
Park,
including
6 Pier 2. The
Port
handles a majority of shipping imports into Narragansett Bay and
supports one of
7 the largest auto importers in North America. A primary goal of this program will be modernizing
8 of Pier 2, which has exceeded
the
50-year lifespan for which it was originally designed.
9 Question
4 relating
to bonds in the
amount of thirty-five million
dollars
($35,000,000) for
10 environmental and recreational purposes to be
allocated as
follows:
11 (a) Historical State
Park
Development Program $4,000,000
12 Provides funds for major capital improvements to state properties, including Fort Adams
13 State
Park, Brenton Point, Colt State Park and
Goddard Memorial State
Park.
14 (b) State
Land Acquisition Program $4,000,000
15 Provides funds to acquire fee interest or conservation easements to open space, farmland,
16 watershed, and recreation
lands.
17 (c) State
Bikeway Development Program $10,000,000
18 Provides funds for the State to design
and construct bikeways.
19 (d) Brownfield
Remediation
and Economic Development $5,000,000
20 Provides up to eighty percent (80%) matching grants to public, private, and/or non-profit
21 entities for brownfields
remediation
projects.
22 (e) Stormwater Pollution Prevention Program $3,000,000
23 Provides up to
seventy-five percent (75%) matching
grants for public, private and/or non-
24 profit entities for projects that reduce stormwater pollution.
25 (f) Local Recreation Development Matching Grant Program $5,000,000
26 Provides up to eighty percent (80%) matching grants to municipalities to develop public
27 recreational facilities in
Rhode
Island.
28 (g) Local Land Acquisition Matching Grant Program $4,000,000
29 Provides fifty percent (50%) matching grants to municipalities, local land trusts and non-
30 profit organizations to acquire fee-simple interest, development rights, or conservation easements
31 on open space and urban
parklands in
Rhode
Island.
32 Question 5 relating to bonds in the amount of fifty million dollars ($50,000,000) to
33 promote affordable
housing
opportunity programs, urban revitalization, and blight remediation, to
34 be allocated as follows:
1 (a) Affordable
Housing Development $40,000,000
2 Provides funds for the state to develop affordable housing opportunity programs through
3 the redevelopment of existing structures and/or new construction
4 (b) Urban
Revitalization
and Blight Remediation $10,000,000
5 Provides funds for the state to provide funding for the improvement of properties that are
6 blighted or in need of revitalization, including residential and commercial properties and public
7 and community spaces.
8 SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority
9 of this act shall be sold from time to time at not less than the principal amount thereof, in such
10 mode and on such
terms and conditions as the general
treasurer, with the approval of the
11 governor, shall deem to
be for the
best interests of the state.
12 Any premiums and accrued interest, net of the cost of bond insurance and underwriter’s
13 discount, which may be received on the sale of the capital development bonds or notes shall
14 become part of the Municipal Road and Bridge Revolving Fund of the state, unless directed by
15 federal law or regulation to be used for some other purpose.
16 In the event that the amount received from the sale of the capital development bonds or
17 notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may
18 be used to the extent possible to retire the bonds as the same may become due, to redeem them in
19 accordance with the terms thereof or otherwise to purchase them as the general treasurer, with
the
20 approval of the governor, shall deem to
be for the best interests of the state.
21 Any bonds or notes issued under the provisions of this act and coupons on any capital
22 development bonds, if properly executed by the manual or facsimile signatures of officers of the
23 state in office on the date of execution shall be valid and binding according to their tenor,
24 notwithstanding that before the delivery thereof and payment therefor, any or all such officers
25 shall for any reason have
ceased to
hold
office.
26 SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -
27 - All bonds and notes issued under the authority of this act shall be exempt from taxation in the
28 state and
shall be general obligations of the state, and the
full faith and
credit of the
state is hereby
29 pledged for the due payment of the principal and interest on each of such bonds and notes as the
30 same
shall become due.
31 SECTION 9. Investment of moneys in fund. -- All moneys in the capital development
32 fund not immediately required for payment pursuant to the provisions of this act may be invested
33 by the investment commission,
as established by chapter 35-10,
pursuant to the provisions of such
1 shall remain a part of the capital development fund until exchanged for other securities; and
2 provided further, that the income from investments of the capital development fund shall become
3 a part of the general fund of the state and shall be applied to the payment of debt service charges
4 of the state, unless directed by federal law or regulation to be used for some other purpose, or to
5 the extent
necessary,
to rebate to
the United States
treasury
any
income
from
investments
6 (including gains from the disposition of investments) of proceeds of bonds or notes to the extent
7 deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from
8 federal income taxation.
9 SECTION 10. Appropriation. -- To
the extent the debt service on these bonds is not
10 otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and
11 notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise
12 appropriated.
13 SECTION 11. Advances from general fund. -- The general treasurer is authorized from
14 time to time with the approval of the director and the governor, in anticipation of the issue of
15 notes or bonds
under the
authority of this act, to advance to the capital development bond fund for
16 the purposes specified in section 6 hereof, any funds of the state not specifically held for any
17 particular purpose; provided, however, that all advances made to the capital development bond
18 fund shall be returned
to the general fund
from
the capital development bond fund forthwith upon
19 the receipt by
the
capital development fund of proceeds resulting from the issue of notes or bonds
20 to the extent of such
advances.
21 SECTION 12. Federal assistance and private funds. -- In carrying out this act, the
22 director, or his or her designee, is authorized on behalf of the state, with the approval of the
23 governor, to apply for and accept any federal assistance which may become available for the
24 purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of
25 any federal legislation therefor, to enter into, act and carry out contracts in connection therewith,
26 to act as agent for the federal government in connection therewith, or to designate a subordinate
27 so to act. Where federal
assistance is
made available,
the project
shall
be
carried out
in
28 accordance with applicable federal law, the rules and regulations thereunder and the contract or
29 contracts providing for federal assistance, notwithstanding any contrary provisions of state law.
30 Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited
31 in the capital development bond fund and expended as a part thereof. The director or his or her
32 designee may also utilize any private funds that may be made available for the purposes of this
33 act.
34 SECTION 13. Effective Date. -- Sections 1, 2, 3, 11, 12 and this section 13 of this article
1 shall take effect upon passage. The remaining sections of this article shall take effect when and if
2 the state board of elections shall certify to the secretary of state that a majority of the qualified
3 electors voting on the propositions contained in section 1 hereof have indicated their approval of
4 all or any projects
thereunder.
5
1 ARTICLE 6
=======
art.006/3/006/2/006/1
=======
2 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION
3 SECTION
1. This article consists
of
a joint resolution that is submitted pursuant to
Rhode
4 Island
General Law § 35-18-1,
et seq.
5 SECTION
2. Quonset Harbor,
Pier, and Port Improvements.
6 WHEREAS, the Rhode Island commerce corporation is a public instrumentality of the
7 State of Rhode Island (hereafter the “State”), created by the general assembly pursuant to §
8 42-64-1 et seq. (as enacted, reenacted
and amended, hereafter the
“Act”); and
9 WHEREAS, the Act declares, in part, that new industrial, manufacturing, recreational,
10 and commercial facilities are required to attract and house new industries and thereby reduce the
11 hazards
of
unemployment; and
12 WHEREAS, the Act further declares it to be the public policy of the State to encourage
13 the expansion and development of the State’s harbors and ports and to foster and improve the
14 handling of waterborne commerce from and to any port of this State and other states and foreign
15 countries; and
16 WHEREAS, in furtherance of these goals, it is the policy of the State to retain existing
17 industries
and
to induce, encourage,
and
attract
new
industries through the
acquisition,
18 construction, reconstruction,
and rehabilitation of industrial, manufacturing, recreational, and
19 commercial facilities, as well as transportation, harbors and ports, residential, environmental,
20 utility, public service, institutional, and civic and community facilities, and to develop sites for
21 such facilities; and
22 WHEREAS, the Act has empowered the Rhode Island commerce corporation to
establish
23 subsidiary corporations to exercise its powers and
functions, or any of them; and
24 WHEREAS,
the general assembly,
pursuant to § 42-64.10-1
et seq.
(as
enacted, reenacted
25 and amended, hereafter the “QDC Act”) created the Quonset development corporation as a
26 subsidiary of the Rhode
Island
commerce corporation; and
27 WHEREAS, the QDC Act provided that the Quonset development corporation shall have
28 the power to purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and
29 otherwise deal in and with, real or personal property, or any interest therein, wherever situated,
30 including those certain transportation, harbor, pier,
and
waterfront facilities
located at
the
1 Quonset business park; and
2 WHEREAS, the QDC Act also provides that the Quonset development corporation shall
3 have the power to sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber
4 any project (or
in the
case of a sale, to
accept a purchase
money mortgage
in connection
5 therewith), or to grant options for any such purposes with respect to any real or personal property
6 or interest
therein, as the
lawful
agent and attorney-in-fact of the Rhode Island commerce
7 corporation with respect to
all
property of the Rhode Island commerce corporation at the Quonset
8 business park, all of the foregoing
for
such consideration as the Quonset development corporation
9 shall determine; and
10 WHEREAS, any lease by the Quonset development corporation to another party may be
11 for such part of the Quonset business park, real or personal, for such period, upon such terms or
12 conditions, with or without an option on the part of the lessee to purchase any or all of the leased
13 property for such consideration, at or after the retirement of all indebtedness incurred by the
14 Quonset development corporation on account thereof, as the Quonset development corporation
15 shall determine; and
16 WHEREAS,
the Act
authorizes
the Rhode
Island
commerce corporation to
borrow
17 money and issue bonds for any of its
corporate
purposes; and
18 WHEREAS, pursuant to §§ 35-18-3 and 35-18-4 of the Rhode Island General Laws, the
19 Rhode Island commerce corporation has requested the approval of the general assembly for the
20 issuance of harbor, pier, and port revenue bonds (hereafter "bonds") for the purpose of providing
21 funds to the Quonset development corporation for financing capital projects for harbor, pier, port,
22 and all other costs related to the improvements necessary at and in the immediate vicinity of the
23 Davisville piers at the Quonset business park, including without limitation, improvements to
24 modernize port infrastructure at the Port of Davisville (hereafter the "2016
Davisville Piers
25 Project"), including
funding, capitalized interest, costs of issuing
the
bonds, and related costs, and
26 the establishment of reserves for the project and the bonds, including a debt service reserve fund;
27 and
28 WHEREAS, the financing of the 2016 Davisville Piers Project and repayment of the
29 bonds will
be
accomplished
through
one
or
more
loan agreements having the
Quonset
30 development corporation as borrower, such agreement or agreements to require that the Quonset
31 development corporation to make loan payments in an amount equal to the debt service on the
32 bonds; now, therefore,
be it:
33 RESOLVED,
the
general assembly hereby approves the
Rhode
Island
commerce
34 corporation’s issuance of the bonds in a private placement or through a public offering, in one or
1 more
series.
The bonds will be special
obligation
bonds
of
the
Rhode
Island
commerce
2 corporation payable exclusively from loan repayments under a loan agreement with the Quonset
3 development corporation
and
from
bond
proceeds, funds, accounts,
and
properties
and the
4 proceeds thereof pledged therefor, and thus the Rhode Island commerce corporation’s maximum
5 liability will be limited to loan repayments received under the loan agreement and the aggregate
6 amount of such
other funds,
accounts, properties, and proceeds; and be it further
7 RESOLVED,
that the total amount of debt approved
to
be issued in the aggregate shall be
8 not more than twenty-five million dollars ($25,000,000); and
be it further
9 RESOLVED,
that
the general assembly hereby
approves the Quonset development
10 corporation's
entering
into the
loan agreements described
above. Payments
under
the
loan
11 agreements shall be derived exclusively from project revenues and such other proceeds, funds,
12 accounts, projects, and the proceeds thereof as the Quonset development corporation may pledge
13 therefor; and
be it further
14 RESOLVED, that none of the bonds or the loan agreements shall constitute indebtedness
15 of the State or a debt for which the full faith and credit of the State is pledged or a moral
16 obligation thereof; and be
it
further
17 RESOLVED, that this resolution shall apply to bonds issued within five (5) years of the
18 date of passage of this resolution; and
be it further
19 RESOLVED,
that this joint resolution shall take effect immediately upon its passage.
20 SECTION
3. This article shall take
effect upon passage.
21
1 ARTICLE 7
=======
art.007/5/007/4/007/3/007/2/009/1
=======
2 RELATING TO HEALTH AND HUMAN SERVICES
3 SECTION 1. Section 27-18-64 of the General Laws in Chapter 27-18 entitled “Accident
4 and Sickness Insurance
Policies” is hereby amended to read as follows:
5 27-18-64. Coverage for early intervention services. -- (a) Every individual or group
6 hospital or
medical expense insurance policy
or
contract providing
coverage for
dependent
7 children, delivered or renewed in this state on or after July 1, 2004,
shall include coverage of
8 early intervention services which coverage shall take effect no later than January 1, 2005. Such
9 coverage shall not be subject to deductibles and coinsurance factors. Any amount paid by an
10 insurer under this section for a dependent child shall not be applied to any annual
or lifetime
11 maximum benefit contained in the policy or contract. For the purpose of this section, "early
12 intervention services" means, but is not limited to, speech and language therapy, occupational
13 therapy, physical therapy, evaluation, case management, nutrition, service plan development and
14 review, nursing services, and assistive technology services and devices for dependents from birth
15 to age three (3) who are certified by the executive office of health and human services as eligible
16 for services under part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1471 et
17 seq.).
18 (b) Insurers shall reimburse certified early intervention providers, who are designated as
19 such by the executive office of health and human services, for early intervention services as
20 defined in this section at rates of reimbursement equal to or greater than the prevailing integrated
21 state Medicaid rate for early intervention services as established by the executive office of health
22 and human services.
23 (c) This section shall not apply to
insurance coverage
providing
benefits
for: (1) hospital
24 confinement indemnity; (2) disability income; (3) accident only; (4) long-term care; (5) Medicare
25 supplement; (6) limited benefit health; (7) specified disease indemnity; (8) sickness or bodily
26 injury or death by accident or both; and (9) other limited benefit policies.
27 SECTION 2. Sections 40-8-13.4 and 40-8-19 of the General Laws in Chapter 40-8
28 entitled
“Medical Assistance” are
hereby amended
to
read as follows:
29 40-8-13.4. Rate methodology for
payment for in state
and out of state hospital
30 services. -- (a) The executive office of health and human services
("executive office") shall
1 implement a new methodology for payment for in state and out of state hospital services in order
2 to ensure access to and the provision of high quality and cost-effective hospital care to its eligible
3 recipients.
4 (b) In order to improve efficiency and cost effectiveness, the executive office of health
5 and human services shall:
6 (1)(i) With respect to inpatient services for persons in fee for service Medicaid, which is
7 non-managed care, implement a new payment methodology for inpatient services utilizing the
8 Diagnosis Related Groups (DRG) method of payment, which is, a patient classification method
9 which provides a means of relating payment to the hospitals to the type of patients cared for by
10 the hospitals. It is understood that a payment method based on
Diagnosis Related Groups DRG
11 may
include cost outlier payments and other specific exceptions. The executive office will review
12 the DRG payment method and the DRG base price annually, making adjustments as appropriate
13 in consideration of such elements as trends in hospital input costs, patterns in hospital coding,
14 beneficiary access
to care, and the Center for Medicare and Medicaid Services national CMS
15 Prospective Payment System (IPPS) Hospital Input Price index. For the
twelve (12) month period
16 beginning July 1, 2015, the DRG base
rate for Medicaid
fee-for-service inpatient hospital services
17 shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in effect as of
18 July 1,
2014.
19 (ii) With respect to inpatient services, (A) it is required as of January 1, 2011 until
20 December 31, 2011, that the Medicaid managed care payment rates between each hospital and
21 health plan shall not exceed ninety and one tenth percent (90.1%) of the rate in effect as of June
22 30, 2010. Negotiated increases in inpatient hospital payments for each annual twelve (12) month
23 period
beginning January 1, 2012 may
not
exceed
the Centers for Medicare and Medicaid
24 Services national CMS Prospective Payment System (IPPS) Hospital Input Price index for the
25 applicable period; (B) provided, however, for the twenty-four (24) month period beginning July
26 1, 2013 the Medicaid
managed
care payment rates between each hospital and health plan shall not
27 exceed the payment rates in effect as of January 1, 2013 and for the twelve (12) month period
28 beginning July 1, 2015, the
Medicaid managed care
payment inpatient rates
between
each
29 hospital and health plan shall not exceed ninety-seven and one-half percent (97.5%) of the
30 payment rates in effect as of January 1, 2013; (C) negotiated increases in inpatient hospital
31 payments for each annual twelve (12) month period beginning July 1, 2016 may not exceed the
32 Centers for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS)
33 Hospital Input Price Index, less Productivity Adjustment, for the applicable period; (D) The
34 Rhode
Island executive office
of health and human services will develop an audit methodology
1 and process to assure that savings associated with the payment reductions will accrue directly to
2 the Rhode Island Medicaid program through reduced managed care plan payments and shall not
3 be retained by the managed care plans; (E) All hospitals licensed in Rhode Island shall accept
4 such payment rates as payment in full; and (F) for all such hospitals, compliance with the
5 provisions of this section shall be a condition of participation in the Rhode Island Medicaid
6 program.
7 (2) With respect to outpatient services and notwithstanding any provisions of the law to
8 the contrary, for persons enrolled in fee for service Medicaid, the executive office will reimburse
9 hospitals for outpatient services using a rate methodology determined by the executive office and
10 in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare
11 payments for similar services. Notwithstanding the above, there shall be no increase in the
12 Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015.
13 For the twelve (12) month period beginning July 1, 2015, Medicaid fee-for-service outpatient
14 rates shall not exceed
ninety-seven and one-half percent (97.5%) of the
rates in effect as of July 1,
15 2014. Thereafter,
changes to outpatient rates will be implemented on July 1 each year and shall
16 align with Medicare payments for similar services from the prior federal fiscal year increases in
17 the outpatient hospital payments for each annual twelve
(12)
month period beginning July 1,
2016
18 may not exceed
the
CMS national Outpatient Prospective
Payment System (OPPS) Hospital Input
19 Price Index for the applicable period. With respect to the outpatient rate, (i) it is required as of
20 January 1,
2011 until December 31,
2011, that the Medicaid
managed
care payment rates between
21 each hospital and health plan shall not exceed one hundred percent (100%) of the rate in effect as
22 of June 30, 2010.; (ii)Negotiated
increases in hospital outpatient payments for each annual twelve
23 (12) month period beginning January 1, 2012 may not exceed the Centers for Medicare and
24 Medicaid Services national CMS Outpatient Prospective Payment System (OPPS) hospital price
25 index for the
applicable period; (ii) (iii) provided,
however, for the twenty-four (24) month period
26 beginning July 1, 2013, the Medicaid managed care outpatient payment rates between each
27 hospital and health plan shall not exceed the payment rates in effect as of January 1, 2013 and for
28 the twelve (12) month period beginning July 1, 2015, the Medicaid managed care outpatient
29 payment rates between each hospital and health plan shall not exceed ninety-seven and one-half
30 percent (97.5%) of the payment rates in effect as of January 1,
2013; (iii) (iv) negotiated increases
31 in outpatient hospital payments for each annual twelve (12) month period beginning July 1, 2016
32 may not exceed the
Centers
for
Medicare and
Medicaid
Services national CMS Outpatient
33 Prospective Payment System (OPPS) Hospital Input Price Index, less Productivity Adjustment,
34 for the applicable period.
1 (3) "Hospital"
as used in this section shall mean the actual facilities and buildings in
2 existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter
3 any premises included on that license, regardless of changes in licensure status pursuant to § 23-
4 17.14 (hospital conversions) and § 23-17-6(b) (change in effective control), that provides short-
5 term acute
inpatient
and/or
outpatient care to
persons
who require definitive
diagnosis and
6 treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language,
7 the negotiated Medicaid
managed
care payment rates for a court-approved
purchaser that acquires
8 a hospital through receivership, special mastership or other similar state insolvency proceedings
9 (which court-approved purchaser is issued a hospital license after January 1, 2013) shall be based
10 upon the newly negotiated rates between the court-approved purchaser and the health plan, and
11 such rates shall be effective as of the date that the court-approved purchaser and the health plan
12 execute the initial agreement containing the newly negotiated rate. The rate-setting methodology
13 for inpatient hospital
payments
and
outpatient hospital
payments
set forth
in the
§§ 40-8-
14 13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases
15 for each annual twelve (12) month period as of July 1 following the completion of the first full
16 year of the
court-approved
purchaser's
initial Medicaid managed
care contract.
17 (c) It is intended that payment utilizing the Diagnosis Related Groups DRG method shall
18 reward hospitals for providing the most efficient care, and provide the executive office the
19 opportunity to
conduct value based
purchasing of inpatient care.
20 (d) The
secretary of the executive
office of health and human
services is hereby
21 authorized to promulgate such rules and regulations consistent with this chapter, and to establish
22 fiscal procedures he or she deems necessary for the proper implementation and administration of
23 this chapter in order to provide payment to hospitals using the Diagnosis Related Group DRG
24 payment methodology. Furthermore, amendment of the Rhode Island state plan for medical
25 assistance
(Medicaid) pursuant
to Title XIX of
the
federal
Social Security
Act is
hereby
26 authorized to provide for payment to hospitals for services provided to eligible recipients in
27 accordance with this chapter.
28 (e) The executive office shall comply with all public notice requirements necessary to
29 implement these
rate changes.
30 (f) As a condition of participation in the DRG methodology for payment of hospital
31 services,
every hospital shall submit year-end settlement reports to the
executive
office within
one
32 year from the close of a hospital's fiscal year. Should
a participating hospital fail to timely submit
33 a year-end settlement report as required by this section, the executive office shall withhold
34 financial cycle payments due by any state agency with respect to this hospital by not more than
1 ten percent (10%) until said report is submitted. For hospital fiscal year 2010 and all subsequent
2 fiscal years, hospitals will not be required to submit year-end settlement reports on payments for
3 outpatient services. For hospital fiscal year 2011
and all subsequent fiscal years, hospitals
will not
4 be required
to submit year-end
settlement
reports
on
claims
for hospital
inpatient services.
5 Further, for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include
6 only those
claims
received between
October 1,
2009 and June 30, 2010.
7 (g)
The provisions
of this
section shall be effective
upon
implementation of the
8 amendments and new payment methodology set forth in pursuant to this section and § 40-8-13.3,
9 which shall in any event be no later than March 30, 2010, at which time the provisions of §§ 40-
10 8-13.2, 27-19-14, 27-19-15,
and 27-19-16 shall be repealed in their entirety.
11 40-8-19. Rates of payment to nursing facilities. -- (a) Rate reform. (1) The rates to be
12 paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to
13 participate in
the Title
XIX
Medicaid program for
services rendered
to Medicaid-eligible
14 residents, shall be reasonable and adequate to
meet the
costs
which must
be
incurred
by
15 efficiently and economically operated facilities in accordance with 42 U.S.C. §1396a(a)(13). The
16 executive office of health
and
human services
("executive office") shall promulgate or modify
the
17 principles of reimbursement for nursing
facilities in effect as of July
1, 2011 to be consistent with
18 the provisions
of
this section and Title XIX, 42 U.S.C. § 1396 et seq.,
of
the Social Security Act.
19 (2) The executive office
of health and human services ("Executive Office") shall review
20 the current methodology for providing Medicaid payments to nursing facilities, including other
21 long-term care services providers, and is authorized to modify the principles of reimbursement to
22 replace the current cost based methodology rates with rates based on a price based methodology
23 to be paid to all facilities with recognition of the acuity of patients and the relative Medicaid
24 occupancy,
and to include
the following elements to be developed by the
executive office:
25 (i) A direct care rate
adjusted
for resident acuity;
26 (ii) An indirect care
rate comprised of a
base
per diem for all facilities;
27 (iii) A rearray of costs for all facilities every three (3) years beginning October, 2015,
28 which
may
or may not result in automatic per diem revisions;
29 (iv) Application of a fair rental value
system;
30 (v) Application of a
pass-through
system; and
31 (vi) Adjustment of rates by the change in a recognized national nursing home inflation
32 index to be applied on October 1st of each year, beginning October 1, 2012. This adjustment will
33 not occur on October 1, 2013 or October 1, 2015, but will occur on April 1, 2015. Said inflation
34 index shall be
applied without regard
for
the transition factor in subsection (b)(2) below.
1 For purposes of October 1, 2016 adjustment only, any rate increase that results from
2 application of the inflation index to section 2(i) and 2(ii) above shall be dedicated to increase
3 compensation
for
direct
care
workers
in the
following manner: Not
less
than 85% of this
4 aggregate amount shall be expended to fund an increase in wages, benefits, or related employer
5 costs of direct care staff of nursing homes. For purposes of this section, direct care staff shall
6 include Registered Nurses (RNs), Licensed Practical Nurses (LPNs), certified nursing assistants
7 (CNAs), certified medical technicians, housekeeping staff, laundry staff, dietary staff or other
8 similar employees providing direct care services; provided, however that this definition of direct
9 care staff shall not include: (i) RNs and LPNs who are classified as "exempt employees" under
10 the Federal Fair Labor Standards Act (29 USC 201 et seq); or (ii) CNAs, certified medical
11 technicians, RNs or LPNs who are contracted or subcontracted through a third party vendor or
12 staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary or designee a
13 certification that they
have complied with the
provisions of this
subsection
(vi) with respect to
the
14 inflation index applied on October 1, 2016. Any facility that does not comply with terms of such
15 certification shall be subjected to a clawback, paid by the nursing facility to the state, in the
16 amount of increased reimbursement subject to
this provision
that was not expended
in compliance
17 with that certification.
18 (b) Transition to full implementation of rate reform. For no less than four (4) years after
19 the initial application of the price-based methodology described in subdivision (a)(2) to payment
20 rates, the executive office of health and human services shall implement a transition plan to
21 moderate the impact of the rate reform on individual nursing facilities. Said transition shall
22 include the following components:
23 (1) No nursing facility shall receive reimbursement for direct care costs that is less than
24 the rate of reimbursement for direct care costs received under the methodology in effect at the
25 time of passage of this act; and for the year beginning October 1, 2017, the reimbursement for
26 direct care costs under this provision will be phased out in twenty-five (25%) percent increments
27 each year until October 1,
2021 when the reimbursement will no longer be in effect.
28 (2) No facility shall lose or gain more than five dollars ($5.00) in its total per diem rate
29 the first year of the transition. An adjustment to the per diem loss or gain may be phased out by
30 twenty-five percent (25%) each year; except, however, for the year beginning October 1, 2015,
31 there
shall
be no
adjustment
to the
per diem gain
or loss, but
the phase
out shall resume
32 thereafter; and
33 (3) The transition plan and/or period may be modified upon full implementation of
34 facility per diem rate increases for quality of care related measures. Said modifications shall be
1 submitted in a report to
the general assembly at least six
(6)
months prior to implementation.
2 (4) Notwithstanding any law to the contrary, for the twelve (12) month period beginning
3 July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section
4 shall not exceed ninety-eight percent (98%) of the rates
in effect on April 1,
2015.
5 SECTION 3. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3
6 entitled
“Uncompensated Care” are hereby amended to read as follows:
7 40-8.3-2.
Definitions. -- As used in this chapter:
8 (1)
"Base year" means for the
purpose of calculating a disproportionate
share payment for
9 any fiscal year ending after September 30,
2014 2015, the period from October 1, 2012 2013
10 through September 30,
2013 2014, and for any fiscal year ending after September 30,
2015 2016,
11 the period
from October 1, 2013 2014
through September 30,
2014 2015.
12 (2) "Medicaid inpatient utilization rate for a hospital"
means a fraction (expressed as a
13 percentage) the numerator of which
is the
hospital's
number of inpatient days during the base
year
14 attributable to patients who were eligible for medical assistance during the base year and the
15 denominator of which is the
total number of the hospital's
inpatient days in
the base year.
16 (3) "Participating hospital"
means any nongovernment and
nonpsychiatric
hospital that:
17 (i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base
18 year; and shall mean the actual facilities and buildings in existence in Rhode Island, licensed
19 pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that
20 license, regardless of changes in licensure status pursuant to § 23-17.14 (hospital conversions)
21 and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient and/or
22 outpatient care to persons who require definitive diagnosis and treatment for injury, illness,
23 disabilities,
or pregnancy. Notwithstanding the preceding language, the
negotiated Medicaid
24 managed care payment rates for a court-approved purchaser that acquires a hospital through
25 receivership, special
mastership
or other
similar
state insolvency proceedings
(which
court-
26 approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the
27 newly negotiated rates between the court-approved purchaser and the health plan, and such rates
28 shall be effective as of the date that the court-approved purchaser and the health plan execute the
29 initial agreement containing the newly negotiated rate. The rate-setting methodology for inpatient
30 hospital payments and outpatient hospital payments set for the §§ 40-8-13.4(b)(1)(B)(iii) and 40-
31 8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases for each annual twelve
32 (12) month period as of July 1 following the completion of the first full year of the court-
33 approved
purchaser's initial Medicaid
managed
care contract.
34 (ii) achieved a medical assistance inpatient utilization rate of at least one percent (1%)
1 during the
base
year; and
2 (iii) continues to be licensed as a hospital in
accordance with chapter 17 of title 23
during
3 the payment year.
4 (4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost
5 incurred by such hospital during the base year for inpatient or outpatient services attributable to
6 charity care (free care and bad debts) for which the patient has no health insurance or other third-
7 party coverage less payments, if any, received directly from such patients; and (ii) the cost
8 incurred by such hospital during the base year for inpatient or out-patient services attributable to
9 Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the
10 uncompensated care index.
11 (5) "Uncompensated care index" means the annual percentage increase for hospitals
12 established pursuant to § 27-19-14 for each year after the base year, up to and including the
13 payment year,
provided, however, that the uncompensated care index for the payment year ending
14 September 30, 2007 shall be deemed to be five and thirty-eight hundredths percent (5.38%), and
15 that the uncompensated care index for the payment year ending September 30, 2008 shall be
16 deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated care
17 index for the
payment year ending September 30,
2009 shall be deemed
to be five and thirty-eight
18 hundredths percent (5.38%), and that the uncompensated care index for the payment years ending
19 September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September
20 30, 2014, and September 30, 2015,
and September 30, 2016, and September 30, 2017 shall be
21 deemed to
be five and
thirty hundredths
percent (5.30%).
22 40-8.3-3.
Implementation. --
(a) For federal fiscal year 2014,
commencing on
October 1,
23 2013 and ending September 30, 2014, the executive office of health and human services shall
24 submit to the Secretary of the U.S. Department of Health and Human Services a state plan
25 amendment to the Rhode Island Medicaid state plan for disproportionate share hospital payments
26 (DSH Plan) to provide:
27 (1) That the disproportionate share hospital payments to all participating hospitals, not to
28 exceed an aggregate limit of $136.8 million, shall be allocated by the executive office of health
29 and human services to the Pool A, Pool C and Pool
D components of the DSH Plan; and,
30 (2) That the Pool D allotment shall be distributed among the participating hospitals in
31 direct proportion to the individual participating hospital's uncompensated care costs for the base
32 year, inflated by the uncompensated care index to the total uncompensated care costs for the base
33 year inflated by uncompensated care index for all participating hospitals. The disproportionate
34 share payments shall be made on or before July 14, 2014 and are expressly conditioned upon
1 approval on or before July 7, 2014 by the Secretary
of the U.S. Department of Health and Human
2 Services, or his
or her authorized
representative, of all Medicaid state plan amendments necessary
3 to secure for the state the benefit of federal financial participation in federal fiscal year 2014 for
4 the disproportionate share payments.
5 (b)(a) For federal fiscal year
2015,
commencing on October
1,
2014
and
ending
6 September 30, 2015, the executive office of health and human services shall submit to the
7 Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
8 Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
9 provide:
10 (1) That the disproportionate share hospital
payments DSH Plan to all
participating
11 hospitals, not to exceed an aggregate limit of $140.0 million, shall be allocated by the executive
12 office of health and human services to the Pool A, Pool C and Pool D components of the DSH
13 Plan; and,
14 (2) That the Pool D allotment shall be distributed among the participating hospitals in
15 direct proportion to the individual participating hospital's uncompensated care costs for the base
16 year, inflated by the uncompensated care index to the total uncompensated care costs for the base
17 year inflated by uncompensated care index for all participating hospitals. The
disproportionate
18 share DSH Plan payments shall be made on or before July 13, 2015 and are expressly conditioned
19 upon approval on or before July 6, 2015 by the Secretary of the U.S. Department of Health and
20 Human Services, or his or her authorized representative, of all Medicaid state plan amendments
21 necessary to secure for the state the benefit of federal financial participation in federal fiscal year
22 2015 for the
disproportionate
share
payments.
23 (c)(b) For federal fiscal year
2016,
commencing on October
1,
2015
and
ending
24 September 30, 2016, the executive office of health and human services shall submit to the
25 Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
26 Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
27 provide:
28 (1) That the disproportionate share hospital payments to all participating
hospitals, not to
29 exceed an aggregate limit of $138.2 million, shall be allocated by the executive office of health
30 and human services to
the
Pool A, Pool C and Pool
D components of the DSH Plan; and,
31 (2) That the Pool D allotment shall be distributed among the participating hospitals in
32 direct proportion to the individual participating hospital's uncompensated care costs for the base
33 year, inflated by the uncompensated care index to the total uncompensated care costs for the base
34 year inflated by uncompensated care index for all participating hospitals. The disproportionate
1 share payments DSH Plan shall be
made on or before July 11, 2016 and are expressly conditioned
2 upon approval on or before July 5, 2016 by the Secretary of the U.S. Department of Health and
3 Human Services, or his or her authorized representative, of all Medicaid state plan amendments
4 necessary to secure for the state the benefit of federal financial participation in federal fiscal year
5 2016 for the
disproportionate share
payments DSH Plan.
6 (c) For federal fiscal year 2017, commencing on October 1, 2016 and ending September
7 30, 2017, the executive office of health and human services shall submit to the Secretary of the
8 U.S. Department of Health and Human Services a state plan amendment to the Rhode Island
9 Medicaid
DSH
Plan to provide:
10 (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
11 $139.7 million, shall be allocated by the executive office of health and human
services
to the Pool
12 D component of the DSH Plan; and,
13 (2) That the Pool D allotment shall be distributed among the participating hospitals in
14 direct proportion to the individual participating hospital's uncompensated care costs for the base
15 year, inflated by the uncompensated care index to the total uncompensated care costs for the base
16 year inflated by uncompensated care index for all participating hospitals. The disproportionate
17 share payments shall be made on or before July 11, 2017 and are expressly conditioned upon
18 approval on or before
July
5, 2017 by the Secretary
of the U.S. Department of Health and Human
19 Services, or his or her authorized
representative, of all Medicaid
state plan
amendments necessary
20 to secure for the state the benefit of federal financial participation in federal fiscal year 2017 for
21 the disproportionate share
payments.
22 (d) No provision is made pursuant to this chapter for disproportionate share hospital
23 payments to participating hospitals for uncompensated care costs related to graduate medical
24 education programs.
25 (e) The executive office of health and human services is directed, on at least a monthly
26 basis, to collect patient level uninsured information, including, but not limited to, demographics,
27 services
rendered, and reason
for uninsured
status from all hospitals licensed in Rhode Island.
28 (f) Beginning with federal FY 2016, Pool D DSH payments will be recalculated by the
29 state based on actual hospital experience. The final Pool D payments will be based on the data
30 from the final DSH audit for each federal fiscal year. Pool D DSH payments will be redistributed
31 among
the qualifying hospitals
in direct proportion
to the individual qualifying
hospital's
32 uncompensated care to
the total uncompensated care costs for all qualifying hospitals
as
33 determined by the DSH audit. No hospital will receive an allocation that would incur funds
34 received in excess of audited uncompensated care costs.
1 SECTION 4. Section 40-8.5-1.1 of the General Laws in Chapter 40-8.5 entitled “Health
2 Care for Elderly and
Disabled Residents Act” is hereby amended
to
read as follows:
3 40-8.5-1.1. Managed health care delivery systems. -- (a) To ensure that all medical
4 assistance beneficiaries, including the elderly and all individuals with disabilities, have access to
5 quality and affordable health care, the department of human services executive office of health
6 and human services ("executive office") is authorized to implement mandatory managed care
7 health
systems.
8 (b) "Managed care" is defined as systems that: integrate an
efficient financing mechanism
9 with quality service delivery; provides a "medical home" to assure appropriate care and deter
10 unnecessary services;
and
place
emphasis
on preventive and
primary care. For
purposes
of
11 Medical Assistance this section, managed care systems
are also may also be defined to include a
12 primary care case management model
in which ancillary
services are provided under the direction
13 of a physician in a practice, community health teams, and/or other such arrangements that meets
14 meet standards established by the department of human services executive office and serve the
15 purposes of this section. Managed care systems may also include services and supports that
16 optimize the health and independence of
recipients beneficiaries who are determined to need
17 Medicaid funded long-term care under chapter 40-8.10 or to be at risk for such care under
18 applicable
federal state plan or waiver authorities and the rules and regulations promulgated by
19 the department. Any medical assistance recipients executive office. Any Medicaid beneficiaries
20 who have third-party medical coverage or insurance may be provided such services through an
21 entity certified by or in a contractual arrangement with the department executive office or, as
22 deemed appropriate,
exempt
from mandatory
managed care
in accordance with rules
and
23 regulations promulgated by the department of human services executive office of health and
24 human services.
25 (c) In accordance with § 42-12.4-7, the department executive office is authorized to
26 obtain any approval through waiver(s), category II or III changes, and/or state plan amendments,
27 from the secretary of the
United
States
department
of
health
and human
services,
that are
28 necessary to
implement mandatory
managed
health care delivery
systems for
all
medical
29 assistance recipients, including the primary case management model in which ancillary services
30 are provided under the direction of a physician in a practice that meets standards established by
31 the department of human
services medicaid
beneficiaries. The
waiver(s), category II
or
III
32 changes, and/or state plan amendments shall include the authorization to extend managed care to
33 cover long-term care services and supports. Such authorization shall also include, as deemed
34 appropriate, exempting certain beneficiaries with third-party medical coverage or insurance from
1 mandatory managed care
in
accordance with rules and
regulations
promulgated by the department
2 of human services executive
office.
3 (d) To ensure the delivery of timely and appropriate services to persons who become
4 eligible for
Medicaid by virtue of their
eligibility
for a U.S.
social
security administration
5 program, the
department of human services executive office is authorized to seek any
and all data
6 sharing agreements or other agreements with the
social
security administration
as
may be
7 necessary to
receive
timely and accurate diagnostic
data
and
clinical assessments.
Such
8 information shall be used exclusively for the purpose of service planning, and shall be held and
9 exchanged in accordance with all applicable state and federal medical record confidentiality laws
10 and regulations.
11 SECTION 5. Sections 40-8.9-3, 40-8.9-4, 40-8.9-6, 40-8.9-7, 40-8.9-8 and 40-8.9-9 of
12 the General Laws in Chapter 40-8.9 entitled “Medical Assistance - Long-Term Care Service and
13 Finance
Reform “
are
hereby amended
to
read as follows:
14 40-8.9-3. Least restrictive setting requirement. --
Beginning on
July 1,
2007, the
15 department of human services The executive office of health and human services (executive
16 office) is directed to recommend the allocation of existing Medicaid resources as needed to
17 ensure
that those in need of
long-term care
and
support
services
receive
them in the least
18 restrictive setting appropriate to their needs and preferences. The
department executive office is
19 hereby authorized to utilize
screening
criteria, to
avoid
unnecessary institutionalization of persons
20 during the
full eligibility determination process
for Medicaid community based care.
21 40-8.9-4. Unified long-term care budget. -- Beginning on July 1, 2007, a unified long-
22 term care budget shall combine in a single line-item appropriation within the department of
23 human services budget executive office of health and human services (executive office), annual
24 department of human services executive office Medicaid appropriations for nursing facility and
25 community-based long-term care services for elderly sixty-five (65) years and older and younger
26 persons at risk of nursing home admissions (including adult day care, home health, pace, and
27 personal care in assisted living settings). Beginning on July 1, 2007, the total system savings
28 attributable to the value of the reduction in nursing home days including hospice nursing home
29 days paid
for
by Medicaid shall be
allocated
in the
budget enacted by the general assembly for the
30 ensuing fiscal year for the express purpose of promoting and strengthening community-based
31 alternatives; provided, further, beginning July 1, 2009, said savings shall be allocated within the
32 budgets of the
executive office and, as appropriate, the department of human services, and the
33 department division of elderly affairs. The allocation shall include, but not be limited to, funds to
34 support an on-going statewide community education and outreach program to provide the public
1 with
information on home
and
community services and the
establishment of presumptive
2 eligibility criteria
for
the purposes of accessing home
and
community care.
The home
and
3 community care
service
presumptive
eligibility
criteria
shall
be developed
through rule
or
4 regulation on or before September 30, 2007. The allocation may also be used to fund home and
5 community services provided by
the department division of elderly affairs for persons eligible for
6 Medicaid long-term care, and the co-pay program administered pursuant to section 42-66.3. Any
7 monies in the allocation that remain unexpended in a fiscal year shall be carried forward to the
8 next fiscal year for the express
purpose of strengthening community-based
alternatives.
9 The caseload estimating conference pursuant to § 35-17-1 shall determine the amount of
10 general revenues to be added to the current service estimate of community based long-term care
11 services
for elderly sixty-five (65)
and
older and younger
persons at
risk of nursing home
12 admissions for the ensuing budget year by multiplying the combined cost per day of nursing
13 home and hospice nursing home days estimated at the caseload conference for that year by the
14 reduction in nursing home and hospice nursing home days from those in the second fiscal year
15 prior to
the
current fiscal year to
those in the first fiscal year prior to the
current fiscal year.
16 40-8.9-6.
Reporting.
-- Annual
reports
showing progress in
long-term
care system
17 reform and rebalancing shall be submitted by April 1st of each year by the
department executive
18 office of health and human services to the Joint Legislative Committee on Health Care Oversight
19 as well as the finance committees of both the senate and the house of representatives and shall
20 include: the number of persons aged sixty-five (65) years and over and adults with disabilities
21 served in nursing facilities, the number of persons transitioned from nursing homes to Medicaid
22 supported home and community based care, the number of persons aged sixty-five (65) years and
23 over and adults with disabilities served in home and community care to include home care, adult
24 day services, assisted living and shared living, the dollar amounts and percent of expenditures
25 spent on
nursing
facility care
and home
and
community-based care,
and
estimates of the
26 continued investments necessary to provide stability to the existing system and establish the
27 infrastructure and programs required to achieve system-wide reform and the targeted goal of
28 spending fifty percent (50%) of Medicaid long-term care dollars on nursing facility care and fifty
29 percent (50%) on
home and community-based services.
30 40-8.9-7.
Rate reform.
--
By January
2008 the department of human
services The
31 executive office of health and human services shall design and require to be submitted by all
32 service providers cost reports for all
community-based
long-term services, including patient
33 liability owed
and collected.
34 40-8.9-8. System screening. -- By January 2008 the department of human services The
1 executive office of health and human services shall develop and implement a screening strategy
2 for the purpose of identifying entrants to the publicly financed long-term care system prior to
3 application for eligibility as well as defining their potential service
needs.
4 40-8.9-9. Long-term care re-balancing system reform goal. -- (a) Notwithstanding any
5 other provision of state law, the executive office of health and human services is authorized and
6 directed to apply for and obtain any necessary waiver(s), waiver amendment(s) and/or state plan
7 amendments from the secretary of the United States department of health and human services,
8 and to promulgate
rules necessary
to adopt an
affirmative
plan
of
program
design
and
9 implementation that addresses
the goal
of allocating a minimum
of
fifty percent
(50%)
of
10 Medicaid long-term care funding for persons aged sixty-five (65) and over and adults with
11 disabilities, in addition to services for persons with developmental disabilities , to home and
12 community-based care ; provided, further, the executive office shall report annually as part of its
13 budget submission, the
percentage
distribution between
institutional
care
and
home and
14 community-based care by population and shall report current and projected waiting lists for long-
15 term
care and home
and
community-based
care services. The executive
office is
further
16 authorized and directed to prioritize investments in home and community- based care and to
17 maintain the integrity and financial viability of all current long-term care services while pursuing
18 this
goal.
19 (b) The
reformed long-term care
system
re-balancing
goal is
person-centered and
20 encourages individual
self-determination,
family involvement, interagency collaboration, and
21 individual choice through the provision of highly specialized and individually tailored home-
22 based services.
Additionally, individuals with severe
behavioral,
physical,
or developmental
23 disabilities must have the opportunity to live safe and healthful lives through access to a wide
24 range
of
supportive
services in
an
array of community-based settings, regardless of the
25 complexity of their medical condition, the severity of their disability, or the challenges of their
26 behavior. Delivery of services and supports in less costly and less restrictive community settings,
27 will enable children, adolescents and adults to be able to curtail, delay or avoid lengthy stays in
28 long-term care institutions, such as behavioral health residential treatment facilities, long- term
29 care hospitals,
intermediate care facilities and/or skilled
nursing facilities.
30 (c) Pursuant to federal authority procured under § 42-7.2-16 of the general laws, the
31 executive office of health and human services is directed and authorized to adopt a tiered set of
32 criteria to be used to determine eligibility for services. Such criteria shall be
developed in
1 encompass eligibility determinations for long-term care services in nursing facilities, hospitals,
2 and intermediate care facilities for persons with intellectual disabilities as well as home and
3 community-based alternatives, and shall provide a common standard of income eligibility for
4 both institutional and home and community- based care. The executive office is authorized to
5 adopt clinical and/or
functional criteria
for
admission to
a
nursing facility,
hospital, or
6 intermediate care facility for persons with intellectual disabilities that are more stringent than
7 those employed for access to home and community-based services. The executive office is also
8 authorized to promulgate rules that define the frequency of re- assessments for services provided
9 for under this section. Levels of care may be applied in accordance with the following:
10 (1) The executive office shall continue to apply the level of care criteria in effect on June
11 30, 2015 for any recipient determined eligible for and receiving Medicaid-funded long-term
12 services in supports in a nursing facility, hospital, or intermediate care facility for persons with
13 intellectual disabilities
on or before that date,
unless:
14 (a) the recipient transitions to home and community based services because he or she
15 would
no longer meet the level of care
criteria in effect on June 30, 2015; or
16 (b) the recipient chooses home and community based services over the nursing facility,
17 hospital, or intermediate care facility for persons with intellectual disabilities. For the purposes of
18 this
section, a failed
community
placement, as defined
in regulations promulgated
by
the
19 executive office, shall be
considered a condition
of clinical eligibility for the
highest level of care.
20 The executive office shall confer with the long-term care ombudsperson with respect to the
21 determination of a failed placement under the ombudsperson's jurisdiction. Should any Medicaid
22 recipient eligible for a nursing facility, hospital, or intermediate care facility for persons with
23 intellectual disabilities as of June 30, 2015 receive a determination
of
a
failed
community
24 placement, the recipient shall have access to the highest level of care; furthermore, a recipient
25 who has experienced a failed community placement shall be transitioned back into his or her
26 former nursing
home, hospital, or
intermediate care facility
for persons with intellectual
27 disabilities whenever possible. Additionally, residents shall only be moved from a nursing home,
28 hospital,
or intermediate care
facility
for persons
with
intellectual disabilities in
a
manner
29 consistent with applicable
state and federal laws.
30 (2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a
31 nursing home, hospital, or intermediate care facility for persons with intellectual disabilities shall
32 not be subject to
any wait list for home and community based services.
1 that the
recipient does not meet level of care
criteria unless
and
until the executive
office
has:
2 (i) performed an individual assessment of the recipient at issue and provided written
3 notice to the nursing home, hospital, or intermediate care facility for persons with intellectual
4 disabilities
that the recipient does not meet level of care
criteria; and
5 (ii) the
recipient
has
either appealed
that level of care determination and
been
6 unsuccessful, or
any appeal
period
available to
the recipient regarding that level of care
7 determination has
expired.
8 (d) The executive office is further authorized to consolidate all home and community-
9 based services currently provided pursuant to § 1915( c) of title XIX of the United States Code
10 into a single system of home and community- based services that include options for consumer
11 direction and shared living. The resulting single home and community-based services system
12 shall replace and supersede all §1915(c) programs when fully implemented. Notwithstanding the
13 foregoing, the resulting single program home and community-based services system shall include
14 the continued funding of assisted living services at any assisted living facility financed by the
15 Rhode Island housing and mortgage finance corporation prior to January 1, 2006, and shall be in
16 accordance with chapter 66.8 of title 42 of the general laws as long as assisted living services are
17 a covered Medicaid
benefit.
18 (e) The executive office is authorized to promulgate rules that permit certain optional
19 services including, but not limited to, homemaker services, home modifications, respite, and
20 physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care
21 subject to availability of state-appropriated funding for these purposes.
22 (f) To
promote the
expansion
of
home
and
community-based
service
capacity,
the
23 executive office is authorized to pursue payment methodology reforms that increase access to
24 homemaker, personal care (home health aide), assisted living, adult supportive care homes, and
25 adult day services, as follows:
26 (1) Development, of revised or new Medicaid certification standards that increase access
27 to service specialization and scheduling
accommodations by
using payment strategies designed to
28 achieve
specific quality and health
outcomes.
29 (2) Development of Medicaid certification standards for state authorized providers of
30 adult day services, excluding such providers of services authorized under § 40.1-24-1(3), assisted
31 living, and adult supportive care (as defined under § 23-17.24) that establish for each, an acuity-
32 based, tiered service and payment methodology tied to: licensure authority, level of beneficiary
33 needs; the
scope of services and supports provided; and specific
quality and outcome measures.
1 services may differ from those who do not meet the clinical/functional criteria set forth in § 40-
2 8.10-3.
3 (3) By October 1, 2016, institute an increase in the base payment rates for home care
4 service providers, in an amount to be determined through the appropriations process, for the
5 purpose of implementing a wage pass-through program for personal care attendants and home
6 health aides assisting long-term care beneficiaries. On or before September 1, 2016, Medicaid-
7 funded home health providers seeking to participate in the program shall submit to the secretary
8 for his or her approval a written plan describing and attesting to the manner in which the
9 increased payment rates shall be
passed through to
personal care
attendants and
home
health aides
10 in their salaries or wages less any attendant costs incurred by the provider for additional payroll
11 taxes, insurance contributions and other costs required by federal or state law, regulation, or
12 policy and directly attributable to the wage pass through program established in this section. Any
13 such providers contracting with a Medicaid managed care organization shall develop the plan for
14 the wage pass-through program in conjunction with the managed care entity and shall include
15 assurances by both parties that the base-rate increase is implemented in accordance with the goal
16 of raising the wages of the health workers targeted in this subsection. Participating providers who
17 do not comply
with the terms of their wage pass-through plan shall be subject to a clawback, paid
18 by the provider to the state, for any portion of the rate increase administered under this section
19 that the
secretary deems appropriate.
20 (g) The executive office shall implement a long-term care options counseling
program to
21 provide individuals or their representatives, or both, with long-term care consultations that shall
22 include, at a minimum, information about: long-term care options, sources and methods of both
23 public and private payment for long-term care services and an assessment of an individual's
24 functional capabilities and opportunities for maximizing independence. Each individual admitted
25 to or seeking admission to a long-term care facility regardless of the payment source shall be
26 informed by the facility of the availability of the long-term care options counseling program and
27 shall be provided with long-term care options
consultation if they so request.
Each individual who
28 applies for Medicaid long-term care
services shall be provided with a long-term care
consultation.
29 (h) The executive office is also authorized, subject to availability of appropriation of
30 funding, and federal Medicaid-matching funds, to pay for certain services and supports necessary
31 to transition or divert beneficiaries from institutional or restrictive settings and optimize their
32 health
and safety when
receiving care in
a home or the community .
The secretary is
authorized
to
33 obtain any state plan or waiver authorities required to maximize the federal funds available to
34 support expanded access to such
home and community transition and stabilization services;
1 provided, however, payments
shall not exceed an
annual or per person amount.
2 (i) To ensure persons with
long-term
care needs who
remain living at home have
3 adequate resources to deal with housing maintenance and unanticipated housing related costs,
4 secretary is authorized to develop higher resource eligibility limits for persons or obtain any state
5 plan or waiver authorities necessary to change the financial eligibility criteria for long-term
6 services and supports to enable beneficiaries receiving home and community waiver services to
7 have the resources to continue living in their own homes or rental units or other home-based
8 settings.
9 (j) The executive office shall implement, no later than January 1, 2016, the following
10 home and community-based
service and payment reforms:
11 (1) Community-based supportive living program established in § 40-8.13-2.1;
12 (2) Adult
day services
level
of
need criteria
and acuity-based,
tiered payment
13 methodology; and
14 (3) Payment reforms that encourage home and community-based providers to provide the
15 specialized
services and accommodations beneficiaries
need
to avoid or delay institutional care.
16 (k) The secretary is authorized to seek any Medicaid section 1115 waiver or state plan
17 amendments and take any administrative actions necessary to ensure timely adoption of any new
18 or amended rules, regulations, policies, or procedures and any system enhancements or changes,
19 for which appropriations have been authorized, that are necessary to facilitate implementation of
20 the requirements of this section by the dates established. The secretary shall reserve the discretion
21 to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with
22 the governor, to meet the legislative
directives established herein.
23 SECTION 6. Section 40-8.13-5 of the General Laws in Chapter 40-8.13 entitled "Long-
24 Term Managed
Care Arrangements"
is hereby amended to
read
as follows:
25 40-8.13-5. Financial principles under managed care. -- (a) To the extent that financial
26 savings
are a goal
under
any
managed long-term
care arrangement, it
is the intent
of
the
27 legislature to
achieve such
savings
through
administrative
efficiencies, care
coordination,
28 improvements in care outcomes and in a way that encourages the highest quality care for patients
29 and maximizes value for the managed care organization and the state. Therefore, any managed
30 long-term care
arrangement shall include
a
requirement that the managed care
organization
31 reimburse providers for services in accordance with these principles. Notwithstanding any law to
32 the contrary, for the twelve (12) month period beginning July 1, 2015, Medicaid managed long
33 term care payment rates to nursing facilities established pursuant to this section shall not exceed
34 ninety-eight percent (98.0%) of the
rates in
effect on April 1, 2015.
1 (1) For a duals demonstration
project, the managed care
organization:
2 (i) Shall not combine the rates of payment for post-acute skilled and rehabilitation care
3 provided by a nursing facility and long-term and chronic care provided by a nursing facility in
4 order to establish a single payment rate for dual eligible beneficiaries requiring skilled nursing
5 services;
6 (ii) Shall pay nursing facilities providing post-acute skilled and rehabilitation care or
7 long-term and chronic care rates that reflect the different level of services and intensity required
8 to provide
these services; and
9 (iii) For purposes of determining the appropriate rate for the type of care identified in
10 subsection (1)(ii) of this section, the managed care organization shall pay no less than the rates
11 which would be paid for that care under traditional Medicare and Rhode Island Medicaid for
12 these service types. The managed care organization shall not, however, be required to use the
13 same
payment methodology as EOHHS.
14 The
state
shall
not
enter
into any agreement with
a
managed
care organization
in
15 connection with
a duals demonstration project unless that agreement conforms to
this section,
and
16 any existing such agreement shall be
amended as necessary to conform to this
subsection.
17 (2) For a managed long-term care arrangement that is not a duals demonstration project,
18 the managed care organization shall reimburse providers in an amount not less than the amount
19 that would be paid for the same care by EOHHS under the Medicaid program. The managed care
20 organization
shall not, however,
be required to use the same
payment methodology as EOHHS.
21 (3) Notwithstanding any provisions of the general or public laws to the contrary, the
22 protections of subsections (1) and (2) of this section may be waived by a nursing facility in the
23 event it elects
to accept a payment model developed jointly
by the managed care organization and
24 skilled nursing facilities, that is intended to promote quality of care and cost effectiveness,
25 including, but not limited to, bundled payment initiatives, value-based purchasing arrangements,
26 gainsharing,
and similar models.
27 (b) Notwithstanding any law to the contrary, for the twelve (12) month period beginning
28 July 1, 2015,
Medicaid managed long-term care payment rates to nursing facilities established
29 pursuant to this section shall not exceed ninety-eight percent (98.0%) of the rates in effect on
30 April 1, 2015.
31 SECTION 7. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The
32 Rhode Island Works
Program"
is hereby amended to
read as follows:
33 40-5.2-20. Child care assistance. -- Families or assistance units eligible for childcare
34 assistance.
1 (a) The department shall provide appropriate child care to every participant who is
2 eligible for cash assistance and who requires child care in order to meet the work requirements in
3 accordance with this chapter.
4 (b) Low-Income
child care. - The department
shall
provide child care to all other
5 working families with incomes at or below one hundred eighty percent (180%) of the federal
6 poverty level if, and to the extent, such other families require child care in order to work at paid
7 employment as defined in the department's rules and regulations. Beginning October 1, 2013, the
8 department shall also provide child care to families with incomes below one hundred eighty
9 percent (180%) of the federal poverty level if, and to the extent, such families require child care
10 to participate on a short-term basis, as defined in the department's rules and regulations, in
11 training, apprenticeship, internship, on-the-job training, work experience, work immersion, or
12 other
job-readiness/job-attachment program
sponsored
or
funded
by
the human
resource
13 investment council (governor's workforce board) or state agencies that are part of the coordinated
14 program system pursuant to §
42-102-11.
15 (c) No family/assistance unit shall be eligible for child care assistance under this chapter
16 if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid
17 resources are
defined as any interest(s) in
property in
the form of cash or other
financial
18 instruments or accounts that are readily convertible to cash or cash equivalents. These include,
19 but are not limited to, cash, bank, credit union, or other financial institution savings, checking,
20 and money market accounts; certificates of deposit or other time deposits; stocks; bonds; mutual
21 funds; and other similar financial instruments or accounts. These do not include educational
22 savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held
23 jointly with another adult, not including a spouse. The department is authorized to promulgate
24 rules and regulations to
determine the ownership
and source of the funds in the joint account.
25 (d) As a condition of eligibility for child care assistance under this chapter, the parent or
26 caretaker relative of the family must consent to, and must cooperate with, the department in
27 establishing paternity, and in establishing and/or enforcing child support and medical support
28 orders for all children in the family in accordance with title 15, as amended, unless the parent or
29 caretaker relative is found to
have good cause for refusing to comply with the requirements of this
30 subsection.
31 (e) For purposes of this section, "appropriate child care" means child care, including
32 infant,
toddler, pre-school, nursery
school, school-age, that
is provided by
a
person or
33 organization qualified, approved, and authorized to provide such care by the department of
34 children, youth, and families, or by the department of elementary and secondary education, or
1 such other lawful providers as determined by the department of human services, in cooperation
2 with the department
of
children,
youth and families and the department
of elementary and
3 secondary education.
4 (f)(1)
Families with incomes
below one hundred percent (100%)
of the
applicable
5 federal poverty level guidelines shall be provided with free childcare. Families with incomes
6 greater
than
one
hundred
percent
(100%)
and
less than one
hundred
eighty (180%) of
the
7 applicable federal poverty guideline shall be required to pay for some portion of the childcare
8 they receive,
according to a sliding-fee scale
adopted
by
the department in
the department's rules.
9 (2) For a thirty-six (36) month period beginning October 1, 2013, the child care subsidy
10 transition program shall function within the department of human services. Under this program,
11 families Families who are already receiving childcare assistance and who become ineligible for
12 childcare assistance as a result of their incomes exceeding one hundred eighty percent (180%) of
13 the applicable federal poverty guidelines shall continue to be eligible for childcare assistance
14 from October 1, 2013, to September 30,
2016 2017, or until their incomes exceed two hundred
15 twenty-five percent (225%) of the applicable federal poverty guidelines, whichever occurs first.
16 To be eligible, such families must continue to pay for some portion of the childcare they receive,
17 as indicated in a sliding-fee scale adopted in the department's rules and in accordance with all
18 other eligibility standards.
19 (g) In determining the type of childcare to be provided to a family, the department shall
20 take into account the cost of available childcare options; the suitability of the type of care
21 available for the child; and the parent's
preference as to the type
of child
care.
22 (h) For purposes of this section, "income"
for families receiving cash assistance under §
23 40-5.2-11 means gross earned income and unearned income, subject to the income exclusions in
24 subdivisions 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross,
25 earned
and unearned income
as determined by departmental regulations.
26 (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast
27 the expenditures for childcare in
accordance with the provisions of § 35-17-1.
28 (j) In determining eligibility for child care assistance for children of members of reserve
29 components called to active duty during a time of conflict, the department shall freeze the family
30 composition and
the family income of the reserve
component member as it was in the month prior
31 to the month of leaving for active duty. This shall continue until the individual is officially
32 discharged from active duty.
33 SECTION
8.
Section
40.1-22-39 of the
General Laws
in Chapter 40.1-22 entitled
34 "Developmental Disabilities"
is hereby amended
to
read as follows:
1 40.1-22-39. Monthly reports to the general assembly. -- On or before the fifteenth
2 (15th) day of each month, the department shall provide a monthly report of monthly caseload and
3 expenditure data pertaining to eligible developmentally disabled adults to the chairperson of the
4 house finance committee, the chairperson of the senate finance committee, the house fiscal
5 advisor, the
senate fiscal advisor, and the state budget officer.
The monthly
report shall be
in such
6 form, and in such number of copies, and with such explanation as the house and senate fiscal
7 advisors may require. It shall include, but is not limited to, the number of cases and expenditures
8 from the beginning of the fiscal year at the beginning of the prior month, cases added and denied
9 during the prior month, expenditures made, and the number of cases and expenditures at the end
10 of the
month.
The information
concerning
cases added and denied
shall
include summary
11 information and profiles of the service demand request for eligible adults meeting the state
12 statutory definition for services from the division of developmental disabilities as determined by
13 the division, including age, Medicaid eligibility and agency selection placement with a list of the
14 services
provided, and
the reasons for the
determinations of ineligibility for those cases
denied.
15 The department shall also provide monthly the number of individuals in a shared living
16 arrangement and how many may have returned to a 24-hour residential placement in that month.
17 The department shall also report monthly any and all information for the consent decree that has
18 been submitted to the federal court as well as the number of unduplicated individuals employed,
19 the place
of employment and the
number of hours
working.
20 The department shall also provide the amount of funding allocated to individuals above
21 the assigned resource levels, the number of individuals and the assigned resource level and the
22 reasons for the approved
additional resources.
23 The department shall also provide the amount of patient liability to be collected and the
24 amount collected as well as the
number of individuals who have
a financial obligation.
25 SECTION
9. Rhode
Island
Medicaid
Reform Act of 2008 Resolution.
26 WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode
27 Island
Medicaid Reform Act of 2008”; and
28 WHEREAS, a Joint Resolution is required pursuant to Rhode Island General Law § 42-
29 12.4-1, et seq. for federal waiver requests and/or state plan amendments; and
30 WHEREAS, Rhode Island General Law § 42-7.2-5 provides that the Secretary of the
31 Executive Office of Health and Human Services (hereafter “the Secretary’) is responsible for the
32 review and coordination
of
any
Medicaid section
1115
demonstration waiver requests
and
33 renewals
as well as any
initiatives and proposals requiring amendments to
the Medicaid
state plan
34 or category II or III changes as described in the demonstration, with “the potential to affect the
1 scope, amount, or duration
of publicly-funded
health care services,
provider payments
or
2 reimbursements, or access
to
or the availability of benefits and services provided by Rhode Island
3 general and public laws”; and
4 WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
5 fiscally sound and sustainable, the Secretary requests general assembly approval of the following
6 proposals to amend
the demonstration:
7 (a) Beneficiary Liability Collection Enhancements – Federal laws and regulations require
8 beneficiaries who are receiving Medicaid-funded long-term services and supports (LTSS) to pay
9 a portion of any excess income they may have once eligibility has been determined toward in the
10 cost of care. The amount the beneficiary is obligated to pay is referred to as a liability or cost-
11 share and
must be used solely for the purpose of offsetting the agency’s payment for the LTSS
12 provided. The EOHHS is seeking to implement new methodologies that will make it easier for
13 beneficiaries to make these payments and enhance the agency’s capacity to collect them in a
14 timely and equitable manner. The EOHHS may require federal state plan and/or waiver authority
15 to implement these new methodologies. Amended rules, regulations and procedures may also be
16 required.
17 (b) Increase in LTSS Home Care Provider Wages. To further the goal of rebalancing the
18 long-term care system to promote home and community based alternatives, the EOHHS proposes
19 to establish
a
wage-pass through
program targeting
certain home
health
care
professionals.
20 Implementation of the program may require amendments to the Medicaid State Plan and/or
21 section 1115
demonstration waiver due to changes in payment methodologies.
22 (c) Alternative Payment Arrangements – The EOHHS proposes to leverage all available
23 resources by repurposing funds derived from various savings initiatives and obtaining federal
24 financial participation for costs not otherwise matchable to expand the reach and enhance the
25 effectiveness of alternative payment arrangements that maximize value and cost-effectiveness,
26 and tie payments to improvements in service quality and health outcomes. Amendments to the
27 section 1115 waiver and/or the Medicaid state plan may be required to implement any alternative
28 payment arrangements the EOHHS is authorized to pursue. EOHHS proposes to fund the R.I.
29 Health System Transformation
Program
by
seeking federal
authority
for
federal
financial
30 participation (FFP) in financing both Costs Not Otherwise Matchable (CNOMS) and Designated
31 State Health Programs (DSHPs) that either not previously utilized although authorized or were
32 not authorized for federal financial participation prior to June 1, 2016 and for which authority is
33 obtained after June 1, 2016. Utilizing the funds made available by this new authority for federal
34 financial participation, the R.I. Health System Transformation Program will make payments to
1 health
care
providers
to reward
and
encourage improvements
in clinical
quality, patient
2 experience and health system integration. Eligibility for these Health System Transformation
3 Program payments will be made to health care providers participating in Alternative Payment
4 Arrangements including,
but
not limited to,
accountable entities
and
to those engaged in
5 electronic exchange
of clinical information necessary for optimal management of patient care.
6 (d) Federal
Financing
Opportunities.
The EOHHS
proposes
to review
Medicaid
7 requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of
8 2010 and various other recently enacted federal laws and pursue any changes in the Rhode Island
9 Medicaid program that promote service quality, access and cost-effectiveness that may warrant a
10 Medicaid State Plan
Amendment or amendment under the
terms and
conditions of Rhode Island’s
11 section 1115 Waiver, its successor, or any extension thereof. Any such actions the EOHHS takes
12 shall not have an adverse impact on beneficiaries or cause an increase in expenditures beyond the
13 amount appropriated for state fiscal year 2017; now, therefore, be it
14 RESOLVED, that the general assembly hereby approves proposals (a) through (d) listed
15 above to
amend the demonstration; and be
it
further
16 RESOLVED,
that the
Secretary is
authorized to
pursue
and implement any waiver
17 amendments,
state
plan
amendments, and/or changes to
the
applicable
department’s
rules,
18 regulations
and
procedures approved
herein
and as authorized
by § 42-12.4-7; and
be it further
19 RESOLVED,
that this joint resolution shall take effect upon passage.
20 SECTION 10. This article shall take effect upon passage, except as otherwise provided
21 herein.
1 ARTICLE 8
=======
art.008/3/008/2/015/2/015/1
=======
2 RELATING TO MUNICIPALITIES
3 SECTION
1.
Section
45-12-22.2
of
the General
laws in
Chapter 45-12 entitled
4 "Indebtedness of Towns and Cities"
is hereby amended to
read
as follows:
5 45-12-22.2. Monitoring of financial operations – Corrective action. -- Subsections (a)
6 through (e)(h) below shall apply to cities and towns.
7 (a) The chief financial officer of each municipality and each school district within the
8 state shall continuously monitor financial operations by tracking actual versus budgeted revenue
9 and expense.
10 (b) The chief financial officer of the municipality shall submit a report on a monthly basis
11 to the municipality's chief executive officer, each member of the city or town council, and school
12 district committee certifying the status of the municipal budget from all fund sources, including
13 the school department budget from all fund sources, or regional school district budget from all
14 fund sources. The chief financial officer of the municipality shall also submit a quarterly report
15 on or before the 25th day of the month succeeding the end of each fiscal quarter budget-to-actual
16 financial information on or before the 25th day succeeding the last day of the sixth, ninth, and
17 twelfth month of each fiscal year to the division of municipal
finance, the commissioner of
18 education, and the auditor general pursuant to the provisions outlined in section (d) certifying the
19 status of the municipal budget, including the school budget that has been certified by the school
20 department.
Each quarterly report submitted must be signed by the chief executive officer, chief
21 financial officer, the superintendent of the school district, and chief financial officer for the
22 school district. The report has to be submitted to the city own council president and the school
23 committee
chair.
It is
encouraged, but not
required,
to have
the council president/school
24 committee chair sign the report. The chief financial officer of the school department or school
25 district shall certify the status of the school district's budget and shall assist in the preparation of
26 these reports. The monthly report and
quarterly reports budget-to-actual financial information as
27 required in this section shall be in a format prescribed by the division of municipal finance, the
28 commissioner of education, and the state auditor
general. The budget-to-actual
financial
29 information and the
monthly reports
shall
contain a statement
as to
whether
any
actual
or
30 projected shortfalls in budget line items are expected to result in a year-end deficit; the projected
1 impact on year-end financial results, including all accruals and encumbrances; and how the
2 municipality and school district plans to address any such shortfalls. In the event that the school
3 reporting is not provided,
then state education
aid
may be withheld pursuant to the provisions of §
4 16-2-9.4(d).
5 (c) In order to facilitate electronic upload to the "Transparency Portal" as defined herein,
6 the chief financial officer of the municipality shall also submit, as part of the annual audited
7 financial statements of the municipality, a municipal data report for the municipality’s general
8 fund containing content and in a format designated by the division of municipal finance and the
9 office of the auditor general. Such municipal data report shall be included in the scope of the
10 annual audit and shall be included in the municipality’s financial statements as supplementary
11 information.
12 (d) All budget-to-actual financial information as required in (b), municipal data report as
13 required
in (c),
and reports required
pursuant to
the provisions
of § 44-35-10
shall be submitted to
14 the division of municipal finance through the use of the division’s Transparency Portal, in the
15 format required by the division of municipal finance, which will be located on the division’s
16 website. The division of municipal finance will create a finalized report from all information
17 submitted through the Transparency Portal ("Transparency Report").
The division of municipal
18 finance will submit
the Transparency Report to the municipality to be signed
by the chief
19 executive officer, chief financial officer, superintendent of the school district, and chief financial
20 officer
for the
school district.
All
signed Transparency Reports shall be posted
to the
21 municipality’s website within ten (10) business days of receipt of such report. The municipalities
22 shall provide a copy of the signed Transparency Report to the commissioner of education, the
23 office of the
auditor general, the
municipality’s council president,
and the school committee chair.
24 In addition, a copy of the signed Transparency Report which has been designated by the division
25 of municipal finance for the inclusion in the municipalities audited financial statements shall be
26 provided by the
municipality to its auditor.
27 (c)(e)If any of the
quarterly reports budget-to-actual financial information required under
28 subsection (b) project a year-end deficit, the chief financial officer of the municipality shall
29 submit to the state division of municipal finance, the commissioner of education, and the auditor
30 general a corrective action
plan signed by the chief executive officer and
chief financial officer on
31 or before the last day of the month succeeding the close of the fiscal quarter in which budget-to-
32 actual financial information is required, which provides for the avoidance of a year-end deficit or
33 structural deficit that could impact future years, and the school superintendent shall also comply
34 with the provisions
of
§ 16-2-11(c) to
assist in this effort. The plan may include recommendations
1 as to whether an increase in property taxes and/or spending cuts should be adopted to eliminate
2 the deficit. The plan shall include a legal opinion by municipal counsel that the proposed actions
3 under the plan are permissible under federal, state, and local law. The state division of municipal
4 affairs may rely on the written representations made by the municipality in the plan and will not
5 be required to
perform an audit.
6 (d)(f) If the division of municipal finance concludes
the plan
required hereunder is
7 insufficient and/or fails to adequately address the financial condition of the municipality, the
8 division of municipal finance can elect to pursue the remedies identified in § 45-12-22.7.
9 (e)(g) The monthly reports and budget-to-actual financial information required shall
10 include the financial operations of any departments or funds of municipal government, including
11 the school department or the regional school district, notwithstanding the status of the entity as a
12 separate legal body. This provision does not eliminate
the
additional requirements placed on local
13 and regional school districts by §§
16-2-9(f) and
16-3-11(e)(3).
14 (h) The "Transparency Portal"
shall be an electronic interface which will be implemented,
15 maintained, and monitored by the state division of municipal finance with the assistance of the
16 state department of administration. In addition, the division of municipal finance shall post to its
17 website a list of participating and non-participating entities for each reporting cycle identified
18 under subsections (b),
(c), and required reports
pursuant to §
44-35-10.
19 Subsections (f)(i) through
(j)(m) below shall apply to fire
districts.
20 (f)(i) The treasurer/chief financial officer or other fiduciary, as applicable, of the fire
21 district within the
state shall continuously monitor the fire district's
financial
operations by
22 tracking actual versus budgeted revenue and expense.
23 (g)(j) The treasurer/chief financial officer or other fiduciary, as applicable, of the fire
24 district shall submit a quarterly report on or before the 25th day of the month succeeding the end
25 of each fiscal quarter to the division of municipal finance and the state auditor general certifying
26 the status of the fire district's budget. Each quarterly report submitted must be signed by the chair
27 of the governing body and the treasurer/chief financial officer. The report shall be submitted to
28 the members of the governing body and the members of the town council. The quarterly reports
29 shall be in a format prescribed by the division of municipal finance and the state auditor general.
30 The reports shall contain a statement as to whether any actual or projected shortfalls in budget
31 line items are expected to result in a year-end deficit; the projected impact on year-end financial
32 results including all accruals and encumbrances; and how the fire district plans to address any
33 such shortfalls.
34 (h)(k) If any of the quarterly reports required under subsection (g) above project a year-
1 end deficit, the treasurer/chief financial officer or other fiduciary, as applicable, of the fire district
2 shall submit to the division of municipal finance and the state auditor general a corrective action
3 plan signed by the chair of the governing body and treasurer/chief financial officer, or other
4 fiduciary as applicable, of the fire district on or before the last day of the month succeeding the
5 close of the fiscal quarter, which provides for the avoidance of a year-end deficit or structural
6 deficit that could impact future years. The plan may include recommendations as to whether an
7 increase in property taxes and/or spending cuts should be adopted to eliminate the deficit. The
8 plan shall include a legal opinion by legal counsel that the proposed actions under the plan are
9 permissible under federal, state, and local law. Said plan shall be sent to the members of the fire
10 district's governing body and the members of the town council.
The
division of municipal finance
11 may
rely
on the written representations made by
the
governing body of the fire district in the plan
12 and is not be required to
perform an audit.
13 (i)(l) If the division
of municipal
finance concludes
the
plan required hereunder
is
14 insufficient and/or fails to adequately address the financial condition of the fire district, the
15 division of municipal finance can elect to pursue the remedies identified in
§ 45-12-22.7.
16 (j)(m) The reports and plans required above shall also include, but not be limited to, a
17 comprehensive overview of the financial operations of the fire district, including a list of the
18 value
of the fire
district's assets (tangibles and intangibles) and liabilities.
19 SECTION 2. Section 44-35-10 of the General laws in Chapter 44-35 entitled "Property
20 Tax and
Fiscal Disclosure
– Municipal Budgets" is hereby amended
to read as
follows:
21 44-35-10.
Balanced municipal
budgets –
Additional reporting
requirements –
22 Electronic reporting/municipal uniform chart of accounts. -- (a) The operating budgets for all
23 cities
and
towns
shall
provide for total
appropriations
which
do not
exceed total estimated
24 receipts, taking into account any general fund surplus or deficit estimated to be carried over from
25 the current fiscal year.
The
funding
of accumulated
deficits
shall be consistent with the provisions
26 of § 45-12-22.
27 (b) The chief elected official in each city and town shall provide to the division of
28 municipal finance within thirty (30) days of final action, in the form and format required by the
29 division, the adopted
budget survey.
30 (c) Within thirty (30) days of final action as referenced in subsection (b) above each city
31 or town shall provide to the division a five (5) year forecast, in the form and format required by
32 the division,
for
major funds
as
defined by generally accepted accounting
principles
as
33 established by the governmental accounting standards board (GASB).
The forecast shall include,
34 but not be limited to, a scenario reflecting pensions and post employment Benefits other than
1 pensions (OPEB) obligations at one hundred percent (100%) of the annual required contribution
2 (ARC), both for the general and unrestricted school funds. The forecast shall also reflect any and
3 all underlying assumptions.
4 (d) The reports required under (b) and (c) above shall be submitted in accordance with
5 the requirements
outlined under § 45-12-22.2
(d).
6 (d)(e) Within sixty
(60) days
of
executing changes
in healthcare
benefits,
pension
7 benefits and OPEB a municipality shall provide a fiscal impact statement to the division of
8 municipal finance, reflecting
the
impact on any
unfunded liability
and ARC, as well as the
impact
9 on the
five (5) year forecast. The
fiscal impact statements shall show underlying actuarial
10 assumptions
and
provide support for underlying assumptions.
11 (e)(f) A municipality shall join electronic reporting/implement municipal uniform chart
12 of accounts (UCOA),
within
six
(6) months of implementation.
13 SECTION
3.
Section
42-142-4
of
the General laws
in Chapter
42-142
entitled
14 "Department of Revenue" is
hereby amended
to
read as follows:
15 42-142-4.
Division of property valuation and municipal finance. -- (a) There is hereby
16 established within the department of revenue a division of property valuation and municipal
17 finance. The head
of
the office shall be
the
chief of property valuation and municipal finance.
18 (b) The division of property valuation and municipal finance shall have the following
19 duties:
20 (i) Provide assistance and guidance to
municipalities in complying with
state law;
21 (ii) To eEncourage
cooperation
between
municipalities and
the state in
calculating,
22 evaluating and distributing state aid;
23 (iii) To maintain a data center of information of use to municipalities; Encourage the
24 exchange of information between the division and other governmental entities in an effort to
25 increase shared services by making available, through the use of web based applications or other
26 mediums municipal vendor contracts and/or any other data the division
deems
appropriate.
27 (iv)
To mMaintain and compute financial and equalized property value information for
28 the benefit of municipalities and
public policy decision
makers;
29 (v) To eEncourage
and
assure compliance
with
state
laws
and policies relating
to
30 municipalities especially in the areas of public disclosure, tax levies, financial reporting, and
31 property tax
issues;
32 (vi) To eEncourage cooperation between municipalities and the state by distributing
33 information and by providing technical assistance to municipalities;
34 (vii) To gGive guidance to public decision makers on the equitable distribution of state
1 aid to municipalities;
and
2 (viii)
To pProvide technical assistance
for property tax administration.
3 SECTION 4. Section
45-13-12 of the General Laws in
Chapter 45-13 entitled "State Aid"
4 is hereby amended to read as follows:
5 45-13-12. Distressed communities relief fund. -- (a) There is established a fund to
6 provide state assistance to those Rhode Island cities and towns which have the highest property
7 tax burdens
relative to
the
wealth of taxpayers.
8 (b) Establishment of indices. Four (4) indices of distress shall be established to determine
9 eligibility for the program. Each community shall be ranked by each distress index and any
10 community which falls into the lowest twenty percent (20%) of at least three (3) of the four (4)
11 indices shall be
eligible to
receive assistance. The four (4) indices are established as follows:
12 (1) Percent of tax levy to full value of property. This shall be computed by dividing the
13 tax levy of each municipality by the full value of property for each municipality. For the 1990-91
14 fiscal year, tax levy and full value
shall be
as of the assessment date
December 31, 1986.
15 (2) Per capita income. This shall be the most recent estimate reported by the U.S.
16 Department of Commerce, Bureau of the
Census.
17 (3) Percent
of personal income to full value of property. This shall be computed by
18 multiplying the per capita
income above by the most recent population estimate
as reported by the
19 U.S. Department of Commerce, Bureau of the Census, and dividing the result by the full value of
20 property.
21 (4) Per capita full value of property. This shall be the full value of property divided by
22 the most recent estimate of population by the U.S. Department of Commerce, Bureau of the
23 Census.
24 (c) Distribution of funds. Funds shall be distributed to each eligible community on the
25 basis of the community's tax levy relative to the total tax levy of all eligible communities. For the
26 fiscal year 1990-91, the reference year for the tax levy shall be the assessment date of December
27 31, 1988. For each fiscal year thereafter, except for fiscal year 2007-2008, the reference year and
28 the fiscal year shall bear the same relationship. For the fiscal year 2007-2008 the reference year
29 shall be the same
as for the distributions made in fiscal year 2006-2007.
30 Any newly qualifying
community shall
be
paid
fifty percent (50%)
of current
law
31 requirements the first year it qualifies. The remaining fifty percent (50%) shall be distributed to
32 the other distressed
communities proportionately. When any community
falls out of the
distressed
33 community program, it shall receive a one-time payment of fifty percent (50%) of the prior year
34 requirement exclusive of any reduction for first year qualification. The community shall be
1 considered a distressed
community in
the fall-out year.
2 (d) Appropriation of funds. The state of Rhode Island shall appropriate funds in the
3 annual appropriations act to support this program. For each of the fiscal years ending June 30,
4 2011, June 30, 2012, and June 30, 2013 seven hundred eighty-four thousand four hundred fifty-
5 eight dollars ($784,458) of the total appropriation shall be distributed equally to each qualifying
6 distressed community.
7 (e) Payments. Payments shall be made to eligible communities each August.
8 (f) Mandatory Participation for Collection of Debts. Any community determined to be a
9 distressed community under this chapter shall, within three (3) months of said determination,
10 contract with the tax administrator, in accordance with § 42-142-7, to allow the tax administrator
11 to collect outstanding liabilities owed to the distressed community. The division of municipal
12 finance shall determine which of said liabilities shall be subject to the collection by the tax
13 administrator.
14 SECTION 5.
This article shall take effect upon
passage.
1 ARTICLE 9
=======
art.009/5/009/4/009/3/009/2/019/1
=======
2 RELATING TO DIVISION OF
MOTOR VEHICLES
3 SECTION 1. Section 31-3-33 of the General Laws in Chapter 31-3 entitled “Registration
4 of Vehicles” is
hereby amended to
read
as follows:
5 31-3-33 Renewal of registration. -- (a) Application for renewal of a vehicle registration
6 shall be made by the owner on a proper application form and by payment of the registration fee
7 for the vehicle as provided by law.
8 (b) The division of motor vehicles may receive applications for renewal of registration,
9 and may grant the renewal and issue new registration cards and plates at any time prior to
10 expiration of registration.
11 (c) Upon renewal, owners will be issued a renewal sticker for each registration plate
12 which shall be placed at the bottom right hand corner of the plate. Owners shall be issued a new
13 fully reflective plate beginning
July 1, 2016 April 1, 2017 at the time of initial registration or at
14 the renewal of an existing registration and reissuance will be conducted no less than every ten
15 (10) years.
16 SECTION 2. Section 31-3-53 of the General Laws in Chapter 31-3 entitled "Registration
17 of Vehicles" is hereby amended to
read
as follows:
18 31-3-53. Veterans' plates. -- (a) The registrar of motor vehicles shall issue
for
any motor
19 vehicle eligible for registration as an
automobile, or for any
motorcycle eligible for registration as
20 a motorcycle, or for a commercial vehicle having a gross weight of twelve thousand pounds
21 (12,000 lbs.) or less,
plates
designated as "Veteran",
"Purple Heart",
and
"Ex-POW"
upon
22 application on proper forms furnished by the administrator of the division of motor vehicles to
23 veterans.
Gold
Star parents shall also be eligible for plates designated as "Veteran".
24 (b) The
special plate designated "Veteran" shall be
designed as follows;
25 (1) Letters and numbers shall be blue in a white background with the words "Rhode
26 Island" clearly visible at the top center of the plate and the word "Veteran"
visible at the bottom
27 center of the
plate.
28 (2) The
background will be
a red,
white, and blue waving American
Flag.
29 (3) On the top right corner will be a decal with the military branch of the service in
30 which the Veteran
served
(Army,
Navy, Air Force, Marines,
Coast Guard,
and Merchant Marines,
1 and Gold Star Parent).
2 (4) For war veterans, a white decal with blue letters with the words "War Veteran"
3 placed under the military branch decal on the right side of the plate
above the validation
sticker.
4 (c) The applicant shall
not be required to pay a service charge of twenty dollars ($20.00)
5 and or a transfer charge
of five dollars
($5.00) for each plate.
6 (d) The applicant shall be entitled to a plate for each vehicle owned by the applicant
7 upon payment of an additional service
charge and/or transfer charge
for
each vehicle.
8 (e) The owner of a motor vehicle eligible for registration as a commercial vehicle and
9 having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued veteran
10 plates shall continue to pay the appropriate commercial registration fee for those plates. The
11 owner of a motor vehicle eligible for registration as a commercial vehicle having a gross weight
12 of six thousand three hundred pounds (6,300 lbs.) but not more than twelve thousand pounds
13 (12,000
lbs.) shall sign an affidavit at the time of application for said plates stating that the
14 vehicle is to be
used
for personal use only.
15 (f) (1) For the purposes of this section, a "veteran" shall be defined as any person who
16 has served on active duty in the armed forces of the United States. The term "veteran" shall also
17 include members of the National Guard and Reserves: (i) Called to active duty authorized by the
18 President of the United States or the Secretary of Defense; or (ii) Who have twenty (20) years of
19 service with
a letter and record
of
separation of service.
20 (2) For the purposes of this section, "War Veteran" shall be defined as any veteran of any
21 conflict or undeclared war who has earned a campaign ribbon or expeditionary medal for service
22 in either a declared or undeclared war as noted on the war veteran's DD-214. Upon the death of
23 the holder of any veteran plates, the plates shall be transferred to the surviving spouse for the
24 spouse's lifetime until he or she remarries.
25 (g) The "veteran" or "war veteran" described in subdivisions (f)(1)(i) or (ii) and (2) must
26 have been honorably discharged from the armed forces of this nation in order to receive plates
27 pursuant to this section and, for purposes of this section, a medical discharge or a general
28 discharge
shall be
deemed
an honorable discharge.
29 (h) For the purpose of this section,
"Gold Star Parent" means a person who has lost a son
30 or a daughter as a result of service with the armed forces of the United States of America;
31 provided, the death was determined to be in the
line of duty.
32 (i)(h) Veterans who have served in multiple conflicts are entitled to be issued veterans'
33 plates equal to the number of conflicts he or she served in; provided, the plates are limited to the
34 number of vehicles owned by the veteran.
1 (j)(i) A person shall be eligible for a veterans' plate if his or her deceased spouse was
2 eligible for a veterans' plate, notwithstanding the fact that the eligible, deceased spouse died prior
3 to the enactment of this
section in 1988.
4 SECTION 3. Chapter 31-3 of the General Laws entitled "Registration of Vehicles" is
5 hereby amended by
adding thereto the following section:
6 31-3-104. Gold Star Parents. -- (a) The
administrator of the division
of motor vehicles is
7 authorized and directed to issue a special registration plate for the motor vehicles of all Gold Star
8 Parents.
9 (b) For the purpose of this section. "Gold Star Parent" means a person who has lost a son
10 or a daughter as a result of service with the armed forces of the United States of America;
11 provided, the death was determined to be in the
line of duty.
12 (c) The
special plate designated "Gold
Star
Parent"
shall be designed
as follows:
13 (1) Letters and numbers shall be blue in a white background with the words "Rhode
14 Island" clearly visible at the top center of the
plate
15 (2) The
background will be a red, white,
and blue waving American Flag.
16 (3) The
top
right corner is
to bear the identification "Gold
Star
Parent".
17 (d) The applicant shall not be required to pay a service charge or a transfer charge for
18 each plate.
19 (e) The
applicant shall be entitled to
a plate
for
each vehicle
owned by the applicant.
20 (f) The owner of a motor vehicle eligible for registration as a commercial vehicle and
21 having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued Gold Star
22 Parent plates shall continue to pay the appropriate commercial registration fee for those plates.
23 The owner of a motor vehicle eligible for registration as a commercial vehicle having a gross
24 weight of six thousand three hundred pounds (6,300 lbs.) but not more than twelve thousand
25 pounds (12,000 lbs.) shall sign an affidavit at the time of application for said plates stating that
26 the vehicle is to
be used
for personal use only.
27 SECTION 4. Section 31-6-1 of the General Laws in Chapter 31-6 entitled "Registration
28 Fees" is hereby amended
to
read as follows:
29 31-6-1. Amount of
registration and miscellaneous fees.
-- (a) The following
30 registration fees shall be paid to the division of motor vehicles for the registration of motor
31 vehicles, trailers,
semi-trailers, and school
buses
subject
to registration for each year
of
32 registration:
33 (1) For the registration of every automobile, when equipped with pneumatic tires, the
34 gross
weight of which is
not
more than four thousand
pounds (4,000 lbs.): thirty dollars ($30.00).
1 (2) For the registration of every motor truck or tractor when equipped with pneumatic
2 tires, the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty-four
3 dollars ($34.00).
4 (3) (2) For the registration of every automobile, motor truck or tractor, when equipped
5 with pneumatic tires,
the
gross weight of which is:
6 (i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds
7 (5,000 lbs.): forty dollars ($40.00);
8 (ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds
9 (6,000 lbs.): forty-eight dollars ($48.00);
10 (iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand
11 pounds (7,000 lbs.): fifty-six dollars
($56.00);
12 (iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand
13 pounds (8,000 lbs.): sixty-four dollars ($64.00);
14 (v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand
15 pounds (9,000 lbs.): seventy dollars
($70.00);
16 (vi) More than nine thousand
pounds (9,000 lbs.),
but
not more than ten
thousand pounds
17 (10,000
lbs.): seventy-eight dollars
($78.00);
18 (vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand
19 pounds (12,000
lbs.): one hundred six
dollars ($106);
20 (viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen
21 thousand pounds (14,000 lbs.): one hundred twenty-four dollars ($124);
22 (ix) More than
fourteen
thousand
pounds (14,000 lbs.), but
not
more
than sixteen
23 thousand
pounds (16,000 lbs.): one hundred forty dollars
($140);
24 (x) More
than
sixteen
thousand pounds
(16,000
lbs.),
but not
more
than eighteen
25 thousand
pounds (18,000 lbs.): one hundred fifty-eight dollars ($158);
26 (xi)
More
than
eighteen
thousand
pounds (18,000 lbs.),
but not
more
than
twenty
27 thousand
pounds (20,000 lbs.): one hundred seventy-six dollars
($176);
28 (xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two
29 thousand
pounds (22,000 lbs.): one hundred ninety-four dollars ($194);
30 (xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-
31 four thousand pounds
(24,000 lbs.): two
hundred
ten dollars ($210);
32 (xiv) More
than
twenty-four thousand
pounds (24,000 lbs.), but not more
than
twenty-six
33 thousand
pounds (26,000 lbs.): two hundred
thirty dollars ($230);
34 (xv) More than twenty-six thousand pounds (26,000
lbs.), but not more than twenty-eight
1 thousand pounds (28,000 lbs.): two hundred
ninety-six dollars ($296);
2 (xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty
3 thousand pounds (30,000 lbs.): three hundred
sixteen dollars ($316);
4 (xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two
5 thousand pounds (32,000 lbs.): four hundred and twenty-two
dollars ($422);
6 (xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four
7 thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448);
8 (xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six
9 thousand pounds (36,000 lbs.): four hundred and seventy-six dollars
($476);
10 (xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight
11 thousand
pounds (38,000 lbs.): five hundred
and two dollars ($502);
12 (xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty
13 thousand
pounds (40,000 lbs.): five hundred
and twenty-eight dollars ($528);
14 (xxii) More than forty thousand pounds
(40,000 lbs.), but not
more
than forty-two
15 thousand
pounds (42,000 lbs.): five hundred
and fifty-four dollars ($554);
16 (xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six
17 thousand
pounds (46,000 lbs.): six
hundred and eight dollars ($608);
18 (xxiv) More than forty-six
thousand
pounds
(46,000
lbs.),
but
not
more
than
fifty
19 thousand
pounds (50,000 lbs.): six
hundred and sixty dollars ($660);
20 (xxv)
More than
fifty
thousand
pounds (50,000 lbs.), but
not
more
than fifty-four
21 thousand
pounds (54,000 lbs.): seven hundred and twelve dollars ($712);
22 (xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight
23 thousand
pounds (58,000 lbs.): seven hundred and sixty-eight dollars
($768);
24 (xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two
25 thousand
pounds (62,000 lbs.): eight hundred
and sixteen dollars ($816);
26 (xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six
27 thousand
pounds (66,000 lbs.): eight hundred
and seventy-six
dollars
($876);
28 (xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy
29 thousand
pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924);
30 (xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four
31 thousand pounds (74,000 lbs.): nine hundred and
seventy-two dollars ($972);
1 (4)(3) For the registration of every semi-trailer to be used with a truck-tractor as defined
2 in § 31-1-4(a) shall be as follows: an annual fee of twelve dollars ($12.00) for a one year
3 registration, for
multi-year registrations the fee of fifty dollars ($50.00) for a five (5)
year
4 registration and eighty dollars ($80.00) for an eight (8) year registration. However, when in use
5 the weight of the resulting semi-trailer unit and its maximum carrying capacity shall not exceed
6 the gross weight of the original semi-trailer unit from which the gross weight of the tractor was
7 determined. A registration certificate and registration plate shall be issued for each semi-trailer so
8 registered. There shall be no refund of payment of such fee, except that when a plate is returned
9 prior to ninety (90) days before the effective date of that year's registration, the pro rate amount,
10 based on the unused portion of the multi-year registration plate period at time of surrender, shall
11 be refunded. A multi-year semi-trailer registration may be transferred to another semi-trailer
12 subject to the provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer
13 registration fee
shall
be
retained
by
the division
of motor vehicles
to defray
the costs of
14 implementation of the international registration plan
(IRP) and fleet registration
section.
15 (5)(4) For the registration of every automobile, motor truck, or tractor, when equipped
16 with other than pneumatic tires, there shall be added to the above gross weight fees a charge of
17 ten cents (10/c) for each one hundred (100) pounds
of gross
weight.
18 (6)(5) For the registration of every public bus, the rates provided for motor vehicles for
19 hire plus two dollars ($2.00) for each passenger which that bus is rated to carry, the rating to be
20 determined
by the administrator of the
division of motor vehicles.
21 (7)(6) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars
22 ($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education
23 to assist in
the payment of the cost of the motorcycle driver's education program as enumerated
in
24 § 31-10.1-1.1.
25 (8)(7) For the registration of every trailer not including semi-trailers used with a truck-
26 tractor as defined in § 31-1-4(a), with a gross weight of three thousand pounds (3,000 lbs.) or
27 less, five dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000
28 lbs.) shall be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds
29 (1,000
lbs.).
30 (9)(8) The annual registration fee for a motor vehicle, commonly described as a boxcar
31 and/or locomotive,
and
used
only by la
societe des
40
hommes
et
8
chevaux for
civic
1 district or state department or agency owning the same shall be plainly
printed on
two (2) sides of
2 the vehicle, two
dollars
($2.00).
3 (11)(10) For the registration of motor vehicles used
for racing,
fifteen dollars ($15.00).
4 (12)(11) For every duplicate registration certificate,
seventeen dollars ($17.00).
5 (13)(12) For every certified copy of a registration certificate or application, ten dollars
6 ($10.00).
7 (14)(13) For every
certificate assigning a special identification number
or
mark
as
8 provided in § 31-3-37, one dollar ($1.00).
9 (15)(14) For every replacement of number plates or additional pair of number plates,
10 without changing the number, thirty dollars ($30.00).
11 (16)(15) For the registration of every farm vehicle, used in farming as provided in § 31-
12 3-31, ten dollars
($10.00).
13 (17)(16) For the registration of antique
motor vehicles, five dollars ($5.00).
14 (18)(17) For the registration of a suburban vehicle, when used as a pleasure vehicle and
15 the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as
16 charged in subdivision (1) of this subsection shall be applicable and when used as a commercial
17 vehicle and the gross weight of which is not more than four thousand pounds (4,000 lbs.), the
18 same rates as provided in subdivision (2) of this subsection shall be applicable. The rates in
19 subdivision (3) of this subsection shall be applicable when the suburban vehicle has a gross
20 weight of more than four thousand pounds (4,000 lbs.), regardless of the use of the vehicle.
21 (19)(18) For the registration of every motor bus which
is
used exclusively under contract
22 with a political subdivision or school district of the state for the transportation of school children,
23 twenty-five dollars ($25) provided that the motor bus may also be used for the transportation of
24 persons to and from church and Sunday school services, and for the transportation of children to
25 and from educational or recreational projects sponsored by
a city
or town or by
any association or
26 organization supported wholly or in part by public or private donations for charitable purposes,
27 without the payment of additional registration fee.
28 (20)(19) For the registration of every motorized bicycle, ten dollars ($10.00).
29 (21)(20) For the registration of every motorized tricycle,
ten
dollars ($10.00).
30 (22)(21 For the replacement of number plates with a number change, twenty dollars
31 ($20.00).
1 twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue
2 seventy-two (72) hour trip permits for vehicles required to be registered in the International
3 Registration
Plan that have not been
apportioned
with the
state of Rhode
Island.
4 (25)(24) For the issuance of a hunter's permit under the International Registration Plan,
5 twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue
6 hunter's permits for motor vehicles based in the state of Rhode Island and otherwise required to
7 be registered in the International Registration Plan. These
permits
are
valid for thirty (30) days.
8 (26)(25) For the registration of a specially adapted motor vehicle necessary to
transport a
9 family member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00)
10 assessed.
11 (b) In the event that the
registrant voluntarily
cancels his registration within
the period of
12 registration, the division of motor vehicles shall refund only that portion of the fee paid which
13 represents full-year segments
of
the registration fee paid.
14 SECTION 5. Chapter 31-6 of the General Laws entitled "Registration Fees" is hereby
15 amended by adding thereto the following section:
16 31-6-1.1. Truck registration fees. -- (a) The following registration fees shall be paid to
17 the division of motor vehicles for the registration of a truck as defined in §31-1-4(c), a truck
18 tractor as defined in §31-1-4(d), and trailers as defined in §§31-1-5(a) through 31-1-5(e) subject
19 to registration for each
year
of registration:
20 (1) For the registration of every motor truck or tractor when equipped with pneumatic
21 tires, the gross weight of which is not more than four thousand pounds (4,000 lbs.) thirty-four
22 dollars ($34.00).
23 (2) For the registration of every motor truck or tractor, when equipped with pneumatic
24 tires, the
gross weight of which is:
25 (i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds
26 (5,000 lbs.): forty dollars
($40.00);
27 (ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds
28 (6,000 lbs.): forty-eight dollars
($48.00);
29 (iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand
30 pounds (7,000 lbs.): fifty-six dollars
($56.00);
31 (iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand
32 pounds: (8,000 lbs.) sixty-four dollars ($64.00);
1 (vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds
2 (10,000 lbs.): seventy-eight dollars ($78.00);
3 (vii) More than ten thousand pounds
(10,000 lbs.), but not more than twelve thousand
4 pounds (12,000
lbs: seventy-eight dollars
($78);
5 (viii) More
than
twelve
thousand
pounds (12,000 lbs.), but
not
more
than fourteen
6 thousand
pounds (14,000 lbs.): ninety-two dollars
($92);
7 (ix) More
than
fourteen
thousand pounds
(14,000 lbs.),
but
not more than
sixteen
8 thousand
pounds (16,000 lbs.): ninety-two dollars
($92);
9 (x) More
than
sixteen thousand
pounds (16,000 lbs.), but
not more than
eighteen
10 thousand
pounds (18,000 lbs.): one hundred four dollars ($104);
11 (xi) More
than
eighteen
thousand
pounds (18,000 lbs.),
but not
more
than twenty
12 thousand
pounds (20,000 lbs.): one hundred nine dollars ($109);
13 (xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two
14 thousand
pounds (22,000 lbs.):
one hundred twenty dollars
($120);
15 (xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-
16 four thousand pounds (24,000
lbs.): one
hundred thirty dollars
($130);
17 (xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six
18 thousand
pounds (26,000 lbs.):
one hundred forty three dollars ($143);
19 (xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight
20 thousand
pounds (28,000 lbs.):
one hundred forty eight dollars ($148);
21 (xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty
22 thousand
pounds (30,000 lbs.):
one hundred fifty eight
dollars ($158);
23 (xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two
24 thousand
pounds (32,000
lbs.): two
hundred and eleven dollars
($211);
25 (xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four
26 thousand
pounds (34,000 lbs.):
two
hundred and twenty-four dollars ($224);
27 (xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six
28 thousand
pounds (36,000 lbs.):
two
hundred and thirty-eight dollars ($238);
29 (xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight
30 thousand
pounds (38,000 lbs.):
two
hundred and fifty one dollars ($251);
31 (xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty
32 thousand
pounds (40,000 lbs.):
two
hundred and sixty-four dollars ($264);
33 (xxii) More
than forty
thousand pounds
(40,000
lbs.), but
not more than
forty-two
1 (xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six
2 thousand
pounds (46,000 lbs.):
three hundred and four dollars ($304);
3 (xxiv) More than forty-six
thousand
pounds (46,000 lbs.),
but
not more than
fifty
4 thousand
pounds (50,000 lbs.):
three hundred and thirty dollars ($330);
5 (xxv) More than
fifty thousand
pounds (50,000
lbs.),
but not more than
fifty-four
6 thousand
pounds (54,000 lbs.):
three hundred and fifty-six dollars ($356);
7 (xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight
8 thousand
pounds (58,000 lbs.):
three hundred and eighty-four dollars ($384);
9 (xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two
10 thousand
pounds (62,000 lbs.):
four hundred and eight dollars ($408);
11 (xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six
12 thousand
pounds (66,000 lbs.):
four hundred and thirty-eight dollars ($438);
13 (xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy
14 thousand
pounds (70,000 lbs.):
four hundred and sixty-two dollars ($462);
15 (xxx) More than seventy
thousand pounds (70,000 lbs.), but not more than seven hundred
16 forty-two
thousand pounds (742,000
lbs.): four hundred
and eighty-six dollars ($486);
17 (xxxi) More than seventy-two thousand pounds (72,000 lbs.), but not more than seventy-
18 four thousand pounds (74,000
lbs.): four hundred ninety-eight dollars
($498);
19 (xxxii) More than seventy-four thousand
pounds (74,000 lbs.), but not more
than
seventy-
20 six thousand
pounds (76,000 lbs.): five hundred
ten dollars
($510);
21 (xxxiii) More than seventy-six thousand pounds (76,000 lbs.), but not more than seventy-
22 eight thousand pounds (78,000 lbs.): five
hundred twenty-two dollars ($522);
23 (xxxiv) More than seventy-eight thousand pounds (78,000 lbs.), but not more than eighty
24 thousand
pounds (80,000 lbs.): five hundred
thirty-four dollars
($534);
25 (xxxiv) More than eighty thousand pounds (80,000 lbs.), but not more than eighty-two
26 thousand
pounds (82,000 lbs.): five hundred
forty-six dollars ($546);
27 (xxxv) More than eighty-two thousand pounds (82,000 lbs.), but not more than eighty-
28 four thousand pounds (84,000
lbs.): five hundred
fifty-eight dollars ($558);
29 (xxxvi) More than eighty-four thousand pounds (84,000 lbs.), but not more than eighty-
30 six thousand
pounds (86,000 lbs. ): five
hundred seventy dollars ($570);
31 (xxxvii) More than eighty-six thousand pounds (86,000 lbs.), but not more than eighty-
32 eight thousand pounds (88,000 lbs.): five
hundred eighty-two
dollars ($582);
33 (xxxviii) More than eighty-eight thousand pounds (88,000 lbs.), but not more than ninety
34 thousand pounds (90,000
lbs.): five
hundred ninety-four dollars ($594);
1 (xxxix) More than ninety thousand pounds (90,000 lbs.), but not more than ninety-two
2 thousand
pounds (92,000 lbs.): six
hundred six dollars ($606);
3 (xl) More than ninety-two thousand pounds (92,000 lbs.), but not more than ninety-four
4 thousand
pounds (94,000 lbs.): six hundred eighteen
dollars ($618);
5 (xlii) More than ninety-four thousand pounds (94,000 lbs.), but not more than ninety-six
6 thousand
pounds (96,000 lbs.): six
hundred
thirty dollars
($630);
7 (xlii) More than ninety-six thousand pounds (96,000 lbs.), but not more than ninety-eight
8 thousand
pounds (98,000 lbs.): six
hundred forty-two dollars ($642);
9 (xliii) More than ninety-eight thousand pounds (98,000 lbs.), but not more than one
10 hundred thousand
pounds (100,000 lbs.): six hundred fifty-four dollars ($654);
11 (xliv) More than one hundred thousand pounds (100,000 lbs.), but not more than one
12 hundred two thousand
pounds
(102,000 lbs.): six hundred
sixty-six dollars ($666);
13 (xlv) More than one hundred two thousand pounds (102,000 lbs.), but not more than one
14 hundred four thousand pounds
(104,000 lbs.): six
hundred seventy-eight dollars ($678);
15 (xlv) Over one hundred four thousand pounds (104,000 lbs.): six hundred and ninety
16 dollars ($690), plus
twelve dollars
($12) per two thousand
pounds (2,000 lbs.) gross weight.
17 (3) For the registration of every motor vehicle, trailer, or semi-trailer owned by any
18 department or agency of any city or town or district, provided the name of the city or town or
19 district or state department or agency owning the same shall be plainly
printed on
two (2) sides of
20 the vehicle, two dollars ($2.00).
21 (4) For the replacement of number plates with a
number change, twenty dollars ($20.00).
22 (5) For the initial issuance and each reissuance of fully reflective plates as required by §§
23 31-3-10 and 31-3-32, an additional six dollars ($6.00).
24 (6) For the issuance of a
trip permit under the International Registration Plan, twenty-five
25 dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two
26 (72) hour trip permits for vehicles required to be registered in the International Registration Plan
27 that have
not
been apportioned with the
state
of
Rhode Island.
28 (b) In the event that the registrant voluntarily cancels his registration within the period of
29 registration, the division of motor vehicles shall refund only that portion of the fee paid which
30 represents full-year segments
of
the registration fee paid.
31 SECTION 6. Sections 4 and 5 shall take effect on July 1, 2017. The remainder of the
32 articles shall take
effect upon passage.
1 ARTICLE 10
=======
art.010/3/010/2/010/1
=======
2 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF
FY
2016
3 SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
4 in this act, the following general revenue amounts are hereby appropriated out of any money in
5 the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
6 2016. The amounts identified for federal funds and restricted receipts shall be made available
7 pursuant to
section 35-4-22 and Chapter 41
of Title 42
of the Rhode Island General Laws. For the
8 purposes
and functions
hereinafter mentioned,
the state
controller
is hereby authorized and
9 directed to
draw
his or her orders
upon the general treasurer for the payment of such sums or such
10 portions thereof as may be required from time to time upon receipt by him or her of properly
11 authenticated
vouchers.
12 FY 2016 FY 2016 FY 2016
13 Enacted Change Final
14 Administration
15 Central Management
16 General Revenues 2,806,924 56,642 2,863,566
17 Office of Digital Excellence 984,019 (240,862) 743,157
18 Total - Central Management 3,790,943 (184,220) 3,606,723
19 Legal Services
20 General Revenues 2,166,696 (215,614) 1,951,082
21 Accounts and
Control
22 General Revenues 4,080,143 (113,997) 3,966,146
23
24 Office of Management and Budget
25 General Revenues 4,146,713 261,716 4,408,429
26 Restricted
Receipts 0 81,308 81,308
27 Total - Office of Management and
28 Budget 4,146,713 343,024 4,489,737
29 Purchasing
30 General Revenues 2,764,921 (197,728) 2,567,193
|
1
|
Other Funds
|
320,487
|
(45,250)
|
275,237
|
2 Total – Purchasing 3,085,408 (242,978) 2,842,430
3 Auditing
4 General Revenues 1,476,262 (49,846) 1,426,416
5 Human Resources
6 General Revenues 7,679,763 (322,018) 7,357,745
7 Federal Funds 800,576 (49,935) 750,641
8 Restricted
Receipts 489,333 (21,186) 468,147
9 Other Funds 1,401,403 (6) 1,401,397
10 Total - Human Resources 10,371,075 (393,145) 9,977,930
11 Personnel Appeal Board
12 General Revenues 119,874 14,570 134,444
13 Facilities
Management
14 General Revenues 32,172,352 (64,046) 32,108,306
15 Federal Funds 1,208,674 (51,034) 1,157,640
16 Restricted
Receipts 376,880 13,766 390,646
17 Other Funds 3,923,319 (88,901) 3,834,418
18 Total – Facilities Management 37,681,225 (190,215) 37,491,010
19 Capital Projects and Property Management
20 General Revenues 2,967,816 (1,329,538) 1,638,278
21 Federal Funds 21,955 (21,955) 0
22 Restricted
Receipts 127,339 (127,339) 0
23 Other Funds- Statewide Capital
24 Consolidation 495,821 (495,821) 0
25 Total – Capital Projects
and
26 Property Management 3,612,931 (1,974,653) 1,638,278
27 Information
Technology
28 General Revenues 20,201,589 (180,592) 20,020,997
29 Federal Funds 6,746,649 23,587 6,770,236
30 Restricted
Receipts 10,193,681 6,491,097 16,684,778
31 Other Funds 2,829,157 (156,970) 2,672,187
32 Total – Information
33 Technology 39,971,076 6,177,122 46,148,198
1 General Revenues 1,229,995 (12,414) 1,217,581
2 Federal Funds 1,204,253 61,634 1,265,887
3 Restricted
Receipts 180 (152) 28
4 Total - Library and Information
5 Services 2,434,428 49,068 2,483,496
6 Planning
7 General Revenues 1,316,146 (117,030) 1,199,116
8 Federal Funds 1,073,871 (61,978) 1,011,893
9 Other Funds
10 Federal Highway – PL Systems
11 Planning 3,254,638 (338,301) 2,916,337
12 Air Quality Modeling 0 24,000 24,000
13 Total - Planning 5,644,655 (493,309) 5,151,346
14 General
15 General Revenues
16 Miscellaneous Grants/Payments 971,049 0 971,049
17 Torts –
Courts/Awards 400,000 0 400,000
18 State
Employees/Teachers Retiree
19 Health Subsidy 2,321,057 0 2,321,057
20 Resource Sharing and
State Library
21 Aid 8,773,398 0 8,773,398
22 RIPTA 2,000,000 0 2,000,000
23 Library Construction
Aid 2,663,300 0 2,663,300
24 Federal Funds 4,345,555 0 4,345,555
25 Restricted
Receipts 421,500 0 421,500
26 Rhode Island Capital Plan Funds
27 Statehouse Renovations 575,000 55,905 630,905
28 DoIT Enterprise
Operations Center 619,000 (219,000) 400,000
29 Cranston
Street Armory 983,501 516,499 1,500,000
30 Cannon Building 1,465,000 (465,000) 1,000,000
31 Zambarano
Building Rehabilitation
1,795,000 (80,000) 1,715,000
32 Pastore Center Rehab DOA Portion 2,793,000 (528,000) 2,265,000
33 Old State House 1,225,000 (155,000) 1,070,000
|
1
|
Old
Colony House
|
695,000
|
0
|
695,000
|
|
2
|
William Powers Building
|
1,450,000
|
925,954
|
2,375,954
|
|
3
|
Pastore Center Utility Systems
|
|
|
|
|
4
|
Upgrade
|
3,487,000
|
(2,840,000)
|
647,000
|
|
5
|
Replacement of Fueling Tanks
|
640,000
|
22,000
|
662,000
|
|
6
|
Environmental Compliance
|
200,000
|
(117,204)
|
82,796
|
|
7
|
Big River Management Area
|
120,000
|
50,000
|
170,000
|
|
8
|
Washington
County Government
|
|
|
|
|
9
|
Center
|
825,000
|
(400,000)
|
425,000
|
|
10
|
Veterans Memorial Auditorium
|
250,000
|
2,033
|
252,033
|
|
11
|
Chapin Health Laboratory
|
510,000
|
(372,000)
|
138,000
|
|
12
|
Pastore Center Parking
|
1,000,000
|
(1,000,000)
|
0
|
|
13
|
Pastore Center Water Tanks
|
280,000
|
323,000
|
603,000
|
|
14
|
RI
Convention Center Authority
|
1,000,000
|
500,000
|
1,500,000
|
|
15
|
Dunkin Donuts
Center
|
1,387,500
|
289,586
|
1,677,086
|
|
16
|
Mathias
Building Renovation
|
3,100,000
|
(696,000)
|
2,404,000
|
|
17
|
McCoy Stadium
|
250,000
|
(100,000)
|
150,000
|
|
18
|
Pastore Power Plant
|
500,000
|
75,000
|
575,000
|
|
19
|
Virks
Building Renovations
|
6,500,000
|
(4,305,000)
|
2,195,000
|
|
20
|
Harrington Hall Renovations
|
1,679,493
|
200,961
|
1,880,454
|
|
21 Accessibility
– Facility Renovations 1,000,000 0 1,000,000
|
|
22
|
State
House Energy Mgt
|
|
|
|
|
23
|
Improvements
|
346,000
|
150,324
|
496,324
|
|
24
|
Veterans Land
Purchase
|
250,000
|
705,750
|
955,750
|
|
25
|
Pastore Center Demolition
|
1,700,000
|
(1,530,000)
|
170,000
|
|
26
|
Zambarano Wood Chip Boiler
|
0
|
13,841
|
13,841
|
|
27
|
Pastore Cottages Rehabilitation
|
0
|
238,991
|
238,991
|
|
28
|
Ladd
Center Demolition
|
0
|
176,551
|
176,551
|
|
29
|
Total – General
|
61,669,353
|
(10,108,809)
|
51,560,544
|
|
30
|
Debt Service Payments
|
|
|
|
31 General Revenues 99,137,176 13,412,539 112,549,715
32 Of the general revenue appropriations for debt service, the General Treasurer is authorized to
33 make payments for the I-195 Redevelopment District Commission loan up to the maximum debt
34 service due in accordance with the loan agreement.
|
1
|
Federal Funds
|
2,657,152
|
0
|
2,657,152
|
|
2
|
Restricted
Receipts
|
2,085,410
|
1,334,970
|
3,420,380
|
|
3
|
Other Funds
|
|
|
|
|
4
|
Transportation
Debt Service
|
46,011,341
|
0
|
46,011,341
|
|
5
|
Investment Receipts – Bond
|
Funds
100,000
|
0
|
100,000
|
6 COPS - DLT Building – TDI 271,653 0 271,653
7 Total - Debt Service
8 Payments 150,262,732 14,747,509 165,010,241
9 Energy Resources
10 Federal Funds 406,587 30,503 437,090
11 Restricted
Receipts 10,194,871 8,965,117 19,159,988
12 Total – Energy Resources 10,601,458 8,995,620 19,597,078
13 Rhode Island
Health Benefits
Exchange
14 General Revenues 2,625,841 0 2,625,841
15 Federal Funds 24,746,063 867,126 25,613,189
16 Restricted
Receipts 3,554,716 (19,951) 3,534,765
17 Total - Rhode Island
Health
18 Benefits Exchange 30,926,620 847,175 31,773,795
19 Construction
Permitting,
Approvals and
Licensing
20 General Revenues 1,615,416 91,637 1,707,053
21 Restricted
Receipts 1,409,497 (151,084) 1,258,413
22 Total – Construction
23 Permitting,
Approvals and
24 Licensing 3,024,913 (59,447) 2,965,466
25 Office of Diversity,
Equity, and
Opportunity
26 General Revenues 1,098,841 (171,311) 927,530
27 Federal Funds 91,294 (91,294) 0
28 Other Funds 0 91,226 91,226
29 Total – Office of Diversity,
30 Equity and
Opportunity 1,190,135 (171,379) 1,018,756
31 Personnel and
Operational Reforms
32 General Revenues (8,225,000) 8,075,000 (150,000)
33 Grand Total –
34 Administration 368,031,640 25,051,476 393,083,116
1 Business
Regulation
2 Central Management
3 General Revenues 1,326,772 37,711 1,364,483
4 Banking Regulation
5 General Revenues 1,674,773 8,051 1,682,824
6 Restricted
Receipts 37,000 13,000 50,000
7 Total–Banking Regulation 1,711,773 21,051 1,732,824
8 Securities Regulation
9 General Revenues 962,697 6,999 969,696
10 Restricted
Receipts 3,500 11,500 15,000
11 Total - Securities
Regulation 966,197 18,499 984,696
12 Insurance Regulation
13 General Revenues 3,885,752 (507,033) 3,378,719
14 Restricted
Receipts 1,877,715 (116,857) 1,760,858
15 Total - Insurance
Regulation 5,763,467 (623,890) 5,139,577
16 Office of the
Health Insurance Commissioner
17 General Revenues 535,017 (41,597) 493,420
18 Federal Funds 2,795,240 (26,336) 2,768,904
19 Restricted
Receipts 11,500 0 11,500
20 Total – Office of the
Health
21 Insurance
Commissioner 3,341,757 (67,933) 3,273,824
22 Board of Accountancy
23 General Revenues 16,654 (10,654) 6,000
24 Commercial Licensing, Racing &
Athletics
25 General Revenues 561,821 75,130 636,951
26 Restricted
Receipts 659,062 (7,869) 651,193
27 Total - Commercial Licensing,
28 Racing &
Athletics 1,220,883 67,261 1,288,144
29 Boards for Design
Professionals
30 General Revenues 273,009 (9,462) 263,547
31 Grand Total - Business
32 Regulation 14,620,512 (567,417) 14,053,095
33 Executive Office of Commerce
34 Central Management
1 General Revenues 956,254 (253,290) 702,964
2 Housing and
Community
Development
3 General Revenues 593,082 7,391 600,473
4 Federal Funds 10,983,803 2,735,075 13,718,878
5 Restricted
Receipts 2,800,000 1,200,000 4,000,000
6 Total – Housing and Community
7 Development 14,376,885 3,942,466 18,319,351
8 Quasi-Public Appropriations
9 General Revenues
10 Rhode Island Commerce
11 Corporation 7,394,514 0 7,394,514
12 Rhode Island Commerce Corporation-
13 Legislative
Grants 1,026,492 (237,000) 789,492
14 Airport Impact Aid 1,025,000 0 1,025,000
15 Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
16 distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
17 the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
18 (40%) of the first $1,000,000 shall be distributed based on the share of landings during the
19 calendar year 2015 at North Central Airport, Newport-Middletown Airport, Block Island Airport,
20 Quonset
Airport, T.F.
Green
Airport and
Westerly
Airport,
respectively. The Rhode
Island
21 Commerce Corporation shall make an impact payment to the towns or cities in which the airport
22 is located based on this calculation. Each community upon which any parts of the above airports
23 are located shall receive at least $25,000.
24 STAC Research Alliance 1,150,000 0 1,150,000
25 Innovative Matching Grants/
26 Internships 1,000,000 0 1,000,000
27 1-195 Redevelopment District
28 Commission 761,000 170,305 931,305
29 Executive Office of Commerce
30 Programs 3,100,000 500,000 3,600,000
31 Chafee Center at Bryant 376,200 0 376,200
32 Other Funds
33 Rhode Island Capital Plan Funds
34 I-195 Redevelopment District
1 Commission 300,000 11,240 311,240
2 Total- Quasi-Public
3 Appropriations 16,133,206 444,545 16,577,751
4 Economic Development Initiatives
Fund
5 General Revenues
6 Small Business Assistance
7 Program 5,458,000 0 5,458,000
8 Anchor Institution Tax Credits 1,750,000 (1,000,000) 750,000
9 Innovation
Initiative 500,000 500,000 1,000,000
10 Cluster Grants 750,000 0 750,000
11 1-195 Development Fund 25,000,000 0 25,000,000
12 Affordable Housing Fund 3,000,000 0 3,000,000
13 Main Street RI Streetscape
14 Improvements 1,000,000 0 1,000,000
15 Rebuild RI Tax
Credit Fund 1,000,000 0 1,000,000
16 First Wave Closing Fund 5,000,000 0 5,000,000
17 Total- Economic
Development Initiatives
18 Fund 43,458,000 (500,000) 42,958,000
19 Grand Total - Executive
20 Office of Commerce 74,924,345 3,633,721 78,558,066
21 Labor and Training
22 Central Management
23 General Revenues 110,537 8,442 118,979
24 Restricted
Receipts 369,575 415,227 784,802
25 Other Funds
26 Rhode Island Capital Plan Funds
27 Center General Asset Protection 1,500,000 0 1,500,000
28 Center General Roof 256,691 986,358 1,243,049
29 Total - Central Management 2,236,803 1,410,027 3,646,830
30 Workforce
Development Services
31 General Funds Revenues 704,517 164,945 869,462
32 Federal Funds 19,475,428 19,003,651 38,479,079
33 Restricted
Receipts 10,339,896 6,317,687 16,657,583
34 Other Funds 0 152,921 152,921
1 Total - Workforce Development
2 Services 30,519,841 25,639,204 56,159,045
3 Workforce
Regulation and
Safety
4 General Revenues 2,925,633 (73,836) 2,851,797
5 Income
Support
6 General Revenues 4,194,431 (52,635) 4,141,796
7 Federal Funds 18,688,633 (263,761) 18,424,872
8 Restricted
Receipts 2,283,733 10,762,397 13,046,130
9 Other Funds
10 Temporary Disability Insurance
11 Fund 193,989,337 (10,377,270) 183,612,067
12 Employment Security Fund 180,000,000 (18,796,501) 161,203,499
13 Total - Income Support 399,156,134 (18,727,770) 380,428,364
14 Injured Workers
Services
15 Restricted
Receipts 8,501,946 130,768 8,632,714
16 Labor Relations
Board
17 General Revenues 389,651 10,354 400,005
18 Grand Total - Labor and
19 Training 443,730,008 8,388,747 452,118,755
20 Department of Revenue
21 Director of Revenue
22 General Revenues 1,144,238 (356,658) 787,580
23 Office of Revenue Analysis
24 General Revenues 574,490 (21,258) 553,232
25 Lottery Division
26 Other Funds 303,850,780 43,953,534 347,804,314
27 Rhode Island Capital Plan Funds
28 Lottery Building Renovations 0 465,000 465,000
29 Total – Lottery Division 303,850,780 44,418,534 348,269,314
30 Municipal Finance
31 General Revenues 2,186,998 275,728 2,462,726
32 Taxation
33 General Revenues 19,725,849 (99,813) 19,626,036
34 Federal Funds 1,267,991 560,008 1,827,999
|
1
|
Restricted
Receipts
|
877,550
|
41,160
|
918,710
|
|
2
|
Other Funds
|
|
|
|
|
3
|
Motor Fuel Tax Evasion
|
16,148
|
160,000
|
176,148
|
|
4
|
Temporary Disability Insurance
|
932,395
|
29,692
|
962,087
|
|
5
|
Total – Taxation
|
22,819,933
|
691,047
|
23,510,980
|
6 Registry of Motor Vehicles
7 General Revenues
8 General Revenues 19,323,244 438,784 19,762,028
9 License Plate
Issuance 3,000,000 (3,000,000) 0
10 All unexpended or unencumbered balances as of June 30, 2016 relating to license plate
11 reissuance are hereby reappropriated to fiscal year 2017.
12 Federal Funds 47,163 3,933,297 3,980,460
13 Restricted
Receipts 2,094,763 1,000,000 3,094,763
14 Total - Registry of Motor
15 Vehicles 24,465,170 2,372,081 26,837,251
16 State Aid
17 General Revenue
18 Distressed
Communities Relief
19 Fund 10,384,458 0 10,384,458
20 Payment in
Lieu
of
Tax Exempt
21 Properties 40,080,409 0 40,080,409
22 Motor Vehicle
Excise Tax
23 Payments 10,000,000 0 10,000,000
24 Property Revaluation
Program 1,778,760 (394,510) 1,384,250
25 Municipal Aid 5,000,000 136,438 5,136,438
26 Restricted
Receipts 922,013 0 922,013
27 Total – State Aid 68,165,640 (258,072) 67,907,568
28 Grand Total –
Revenue 423,207,249 47,121,402 470,328,651
29 Legislature
30 General Revenues 39,474,071 3,015,941 42,490,012
31 Restricted
Receipts 1,680,873 (65,050) 1,615,823
32 Grand Total –
Legislature 41,154,944 2,950,891 44,105,835
33 Lieutenant Governor
34 General Revenues 1,127,621 (84,553) 1,043,068
1 Federal Funds 65,000 (65,000) 0
2 Grand Total - Lieutenant
3 Governor 1,192,621 (149,553) 1,043,068
4 Secretary of State
5 Administration
|
6
|
General Revenues
|
2,553,390
|
23,047
|
2,576,437
|
7 Corporations
|
8
|
General Revenues
|
2,302,691
|
(87,898)
|
2,214,793
|
9 State Archives
10 General Revenues 69,266 0 69,266
11 Restricted
Receipts 584,108 (77,823) 506,285
12 Total - State Archives 653,374 (77,823) 575,551
13 Elections &
Civics
14 General Revenues 1,017,899 (148,442) 869,457
15 Federal Funds 0 22,859 22,859
16 Restricted
Receipts 0 35,000 35,000
17 Total – Elections &
Civics 1,017,899 (90,583) 927,316
18 State Library
19 General Revenues 551,744 4,159 555,903
20 Office of Public
Information
21 General Revenues 456,540 4,972 461,512
22 Restricted
Receipts 15,000 10,000 25,000
23 Rhode Island Capital Plan Funds
24 Charter Encasement 436,246 26,675 462,921
25 Total – Office of Public
26 Information 907,786 41,647 949,433
27 Grand Total –
Secretary of
28 State 7,986,884 (187,451) 7,799,433
29 General
Treasurer
30 Treasury
31 General Revenues 2,193,796 (110,863) 2,082,933
32 Federal Funds 267,251 40,662 307,913
33 Other Funds
34 Temporary Disability Insurance
1 Fund 218,818 15,596 234,414
2 Tuition Savings
Program –
Admin 300,000 0 300,000
3 Total – Treasury 2,979,865 (54,605) 2,925,260
4 State Retirement System
5 Restricted
Receipts
6 Admin Expenses - State
7 Retirement System 10,230,709 956,968 11,187,677
8 Retirement - Treasury Investment
9 Operations 1,235,591 90,491 1,326,082
10 Defined Contribution –
11 Administration 316,195 (216,885) 99,310
12 Total - State Retirement
13 System 11,782,495 830,574 12,613,069
14 Unclaimed Property
15 Restricted
Receipts 22,350,267 3,497,221 25,847,488
16 Crime
Victim Compensation Program
17 General Revenues 226,454 (1,745) 224,709
18 Federal Funds 624,704 87,267 711,971
19 Restricted
Receipts 1,130,908 (455) 1,130,453
20 Total - Crime Victim
21 Compensation
Program 1,982,066 85,067 2,067,133
22 Grand Total –
General
23 Treasurer 39,094,693 4,358,257 43,452,950
24 Board
of
Elections
|
25
|
General Revenues
|
1,818,305
|
(20,437)
|
1,797,868
|
26 Rhode
Island Ethics Commission
|
27
|
General Revenues
|
1,644,876
|
(33,757)
|
1,611,119
|
28 Office of Governor
29 General Revenues
30 General Revenues 4,653,467 (16,308) 4,637,159
31 Contingency Fund 250,000 160,800 410,800
32 Grand Total –
Office
of
33 Governor 4,903,467 144,492 5,047,959
34 Commission for Human Rights
1 General Revenues 1,252,174 (8,282) 1,243,892
2 Federal Funds 295,836 15,038 310,874
3 Grand Total - Commission for
4 Human
Rights 1,548,010 6,756 1,554,766
5 Public Utilities Commission
6 Federal Funds 90,000 0 90,000
7 Restricted
Receipts 8,594,685 (12,336) 8,582,349
8 Grand Total - Public
Utilities
9 Commission 8,684,685 (12,336) 8,672,349
10 Office of Health
and
Human Services
11 Central Management
12 General Revenues 25,831,585 9,825,066 35,656,651
13 Federal Funds
14 Federal Funds 93,178,746 73,825,817 167,004,563
15 Federal Funds –
Stimulus 105,512 (5,427) 100,085
16 Restricted
Receipts 5,122,130 (491,718) 4,630,412
17 Total – Central
18 Management 124,237,973 83,153,738 207,391,711
19 Medical Assistance
20 General Revenues
21 Managed Care 289,075,534 6,287,533 295,363,067
22 Hospitals 109,655,465 (4,493,294) 105,162,171
23 Nursing Facilities 89,819,569 (1,285,531) 88,534,038
24 Home
and Community Based
25 Services 36,301,784 (3,512,984) 32,788,800
26 Other Services 40,661,162 (3,779,132) 36,882,030
27 Of this
appropriation,
$496,800
shall be used for cortical integrative therapy services.
28 Pharmacy 55,060,232 (1,284,273) 53,775,959
29 Rhody Health 263,528,734 17,402,308 280,931,042
30 Federal Funds
31 Managed
Care 323,366,137 21,270,796 344,636,933
32 Hospitals 110,175,915 (6,189,171) 103,986,744
33 Nursing Facilities 90,976,665 (3,510,704) 87,465,961
34 Home and Community
|
1
|
Based
Services
|
36,769,439
|
(3,558,238)
|
33,211,201
|
|
2
|
Other Services
|
523,288,344
|
(68,906,614)
|
454,381,730
|
|
3
|
Pharmacy
|
(408,865)
|
(44,262)
|
(453,127)
|
|
4
|
Rhody Health
|
265,780,865
|
16,288,093
|
282,068,958
|
|
5
|
Special Education
|
19,000,000
|
0
|
19,000,000
|
|
6
|
Restricted
Receipts
|
10,615,000
|
0
|
10,615,000
|
|
7
|
Total - Medical Assistance
|
2,263,665,980
|
(35,315,473)
|
2,228,350,507
|
|
8 Grand Total –
Office
of Health
|
|
9
|
and
Human Services
|
2,387,903,953
|
47,838,265
|
2,435,742,218
|
10 Children, Youth,
and
Families
11 Central Management
12 General Revenues 5,575,757 613,269 6,189,026
13 Federal Funds 2,288,363 289,871 2,578,234
14 Total - Central Management 7,864,120 903,140 8,767,260
15 Children's
Behavioral Health
Services
16 General Revenues 4,593,903 406,560 5,000,463
17 Federal Funds 5,700,246 (512,013) 5,188,233
18 Other Funds
19 Rhode Island Capital Plan Funds
20 NAFI Center 0 132,857 132,857
21 Mt. Hope – Fire Towers 0 137,500 137,500
22 Various
Repairs and Improvements
to
23 Training School 1,113,586 (363,586) 750,000
24 Total - Children's
Behavioral
25 Health Services 11,407,735 (198,682) 11,209,053
26 Juvenile
Correctional Services
27 General Revenues 25,591,602 (494,712) 25,096,890
28 Federal Funds 276,098 1,387 277,485
29 Other Funds
30 Rhode Island Capital Plan Funds
31 Thomas C.
Slater Trng School
32 Maintenance Building 535,000 0 535,000
33 Generators-RITS 0 427,000 427,000
34 Total - Juvenile
Correctional
|
1
|
Services
|
26,402,700
|
(66,325)
|
26,336,375
|
|
2 Child Welfare
|
|
3
|
General Revenues
|
116,626,469
|
1,669,474
|
118,295,943
|
|
4
|
Federal Funds
|
|
|
|
|
5
|
Federal Funds
|
50,228,443
|
3,055,186
|
53,283,629
|
|
6
|
Federal Funds –
Stimulus
|
433,976
|
(52,560)
|
381,416
|
|
7
|
Restricted
Receipts
|
2,838,967
|
861,396
|
3,700,363
|
8 Other Funds
9 Rhode Island Capital Plan Funds
10 Fire Code
Upgrades 590,000 (590,000) 0
11 Total - Child
Welfare 170,717,855 4,943,496 175,661,351
12 Higher Education
Incentive Grants
13 General Revenues 200,000 0 200,000
14 Total – Higher Education Incentive
15 Grants 200,000 0 200,000
16 Grand Total - Children, Youth,
17 and
Families 216,592,410 5,581,629 222,174,039
18 Health
19 Central Management
20 General Revenues 319,445 0 319,445
21 Federal Funds 6,513,489 1,425,980 7,939,469
22 Restricted
Receipts 4,472,766 (225,017) 4,247,749
23 Total - Central Management 11,305,700 1,200,963 12,506,663
24 State Medical Examiner
25 General Revenues 2,774,940 (119,312) 2,655,628
26 Federal Funds 138,641 9,783 148,424
27 Total - State Medical
28 Examiner 2,913,581 (109,529) 2,804,052
29 Environmental and Health Services Regulation
30 General Revenues 9,559,707 408,150 9,967,857
31 Federal Funds 8,148,952 (1,489,563) 6,659,389
32 Restricted
Receipts 820,714 288,547 1,109,261
33 Total - Environmental and
34 Health Services Regulation 18,529,373 (792,866) 17,736,507
1 Health Laboratories
2 General Revenues 7,375,260 (384,941) 6,990,319
3 Federal Funds 1,976,761 172,550 2,149,311
4 Total - Health
Laboratories 9,352,021 (212,391) 9,139,630
5 Public
Health Information
6 General Revenues 1,556,492 (88,235) 1,468,257
7 Federal Funds 2,326,827 (58,338) 2,268,489
8 Total – Public
Health
9 Information 3,883,319 (146,573) 3,736,746
10 Community and Family
Health and Equity
11 General Revenues 2,532,862 (25,877) 2,506,985
12 Federal Funds 40,588,026 5,094,678 45,682,704
13 Federal Funds - Stimulus 930,169 306,199 1,236,368
14 Restricted
Receipts 24,520,035 7,630,908 32,150,943
15 Total – Community and
Family Health
16 and
Equity 68,571,092 13,005,908 81,577,000
17 Infectious Disease and
Epidemiology
18 General Revenues 1,717,250 (156,541) 1,560,709
19 Federal Funds 5,129,569 (1,142,810) 3,986,759
20 Total – Infectious Disease and
21 Epidemiology 6,846,819 (1,299,351) 5,547,468
22 Grand Total –
Health 121,401,905 11,646,161 133,048,066
23 Human
Services
24 Central Management
25 General Revenues 5,412,814 (789,750) 4,623,064
26 Federal Funds 4,180,956 (167,615) 4,013,341
27 Restricted
Receipts 520,231 2,844 523,075
28 Total - Central Management 10,114,001 (954,521) 9,159,480
29 Child Support Enforcement
30 General Revenues 2,996,584 (45,901) 2,950,683
31 Federal Funds 6,645,827 199,014 6,844,841
32 Total – Child
Support
33 Enforcement 9,642,411 153,113 9,795,524
34 Individual and Family
Support
|
1
|
General Revenues
|
22,970,906
|
(1,584,253)
|
21,386,653
|
|
2
|
Federal Funds
|
121,456,115
|
16,633,615
|
138,089,730
|
|
3
|
Federal Funds –
Stimulus
|
6,222,500
|
2,707,454
|
8,929,954
|
|
4
|
Restricted
Receipts
|
737,279
|
(184,517)
|
552,762
|
|
5
|
Other Funds
|
|
|
|
6 Rhode Island Capital Plan Funds
7 Blind Vending Facilities 165,000 35,000 200,000
8 Intermodal Surface Transportation
9 Fund 4,428,478 0 4,428,478
10 Food
Stamp Bonus
Funding 0 500,000 500,000
11 Total - Individual and Family
12 Support 155,980,278 18,107,299 174,087,577
13 Veterans' Affairs
14 General Revenues 20,496,870 (234,985) 20,261,885
15 Federal Funds 8,215,161 628,064 8,843,225
16 Restricted
Receipts 681,500 141,108 822,608
17 Total - Veterans' Affairs 29,393,531 534,187 29,927,718
18 Health Care Eligibility
19 General Revenues 8,071,757 1,229,923 9,301,680
20 Federal Funds 11,437,561 455,640 11,893,201
21 Total - Health
Care Eligibility 19,509,318 1,685,563 21,194,881
22 Supplemental Security
Income
Program
23 General Revenues 18,706,478 (214,033) 18,492,445
24 Total - Supplemental Security Income
25 Program 18,706,478 (214,033) 18,492,445
26 Rhode Island
Works
27 General Revenues 11,368,635 0 11,368,635
28 Federal Funds 79,065,723 (3,462,838) 75,602,885
29 Total – Rhode Island Works 90,434,358 (3,462,838) 86,971,520
30 State Funded
Programs
31 General Revenues 1,658,880 (65,988) 1,592,892
32 Of this
appropriation,
$210,000
shall be used for hardship
contingency payments.
|
33
|
Federal Funds
|
268,085,000
|
14,000,000
|
282,085,000
|
34 Total - State Funded
Programs
269,743,880 13,934,012 283,677,892
1 Elderly
Affairs
2 General Revenues
3 Program Services 6,587,459 (461,231) 6,126,228
4 Care
and Safety of the
Elderly 1,300 0 1,300
5 Federal Funds 12,153,465 (765,115) 11,388,350
6 Restricted
Receipts 137,026 (90,664) 46,362
7 Total – Elderly Affairs 18,879,250 (1,317,010) 17,562,240
8 Grand Total - Human
Services 622,403,505 28,465,772 650,869,277
9 Behavioral Healthcare,
Developmental Disabilities, and
Hospitals
10 Central Management
11 General Revenues 1,015,570 (77,810) 937,760
12 Federal Funds 600,382 (608) 599,774
13 Total - Central Management 1,615,952 (78,418) 1,537,534
14 Hospital and Community System Support
15 General Revenues 1,468,050 (260,111) 1,207,939
16 Federal Funds 0 763,155 763,155
17 Restricted
Receipts 762,813 (762,813) 0
18 Other Funds
19 Rhode Island Capital Plan Funds
20 Medical Center Rehabilitation 150,000 281,860 431,860
21 Community Facilities Fire Code 400,000 (273,860) 126,140
22 Total - Hospital and
Community
23 System Support 2,780,863 (251,769) 2,529,094
24 Services for the Developmentally
Disabled
25 General Revenues 114,123,111 4,312,665 118,435,776
26 Federal Funds 113,792,233 5,592,042 119,384,275
27 Restricted
Receipts 1,759,132 (173,383) 1,585,749
28 Other Funds
29 Rhode Island Capital Plan Funds
30 DD Private Waiver 300,000 (200,000) 100,000
31 Regional Center Repair/
32 Rehabilitation 400,000 (137,356) 262,644
33 MR Community Facilities/Access to Ind. 500,000 203,088 703,088
34 Total - Services for the
1 Developmentally Disabled 230,874,476 9,597,056 240,471,532
2 Behavioral Healthcare Services
3 General Revenues 2,368,459 80,168 2,448,627
4 Federal Funds
5 Federal Funds 14,572,783 2,519,857 17,092,640
6 Of this federal funding, $900,000
shall be
expended on the Municipal Substance
Abuse Task
7 Forces and $128,000 shall be
expended on NAMI of RI.
8 Municipal Substance Abuse
Task Force 900,000 (900,000) 0
9 NAMI of RI 128,000 (128,000) 0
10 Restricted
Receipts 100,000 0 100,000
11 Other Funds
12 Rhode Island Capital Plan Funds
13 MH
Community Facilities Repair 400,000 (200,000) 200,000
14 MH Housing Development
15 Thresholds 800,000 0 800,000
16 Substance Abuse Asset
17 Protection 100,000 19,359 119,359
18 Total – Behavioral Healthcare
19 Services 19,369,242 1,391,384 20,760,626
20 Hospital and
Community
Rehabilitative Services
21 General Revenues 53,513,521 (1,198,151) 52,315,370
22 Federal Funds 52,611,788 494,583 53,106,371
23 Restricted
Receipts 6,558,852 (52,195) 6,506,657
24 Other Funds
25 Rhode Island Capital Plan Funds
26 Zambarano
Buildings
and
Utilities 346,000 54,000 400,000
27 BHDDH
Administrative
Buildings 2,000,000 43,529 2,043,529
28 MR
Community Facilities 975,000 25,000 1,000,000
29 Hospital Equipment 300,000 0 300,000
30 Total Hospital and Community
31 Rehabilitative Services 116,305,161 (633,234) 115,671,927
32 Grand Total –
Behavioral
33 Healthcare, Developmental
34 Disabilities, and Hospitals 370,945,694 10,025,019 380,970,713
1 Office of the Child
Advocate
2 General Revenues 672,273 (2,856) 669,417
3 Federal Funds 45,000 0 45,000
4 Grand Total –
Office
of the Child
5 Advocate 717,273 (2,856) 714,417
6 Commission
on the
Deaf and Hard of Hearing
7 General Revenues 411,883 (2,843) 409,040
8 Restricted
Receipts 80,000 50,000 130,000
9 Grand Total –
Com
on Deaf and
10 Hard
of Hearing 491,883 47,157 539,040
11 Governor's Commission on
Disabilities
12 General Revenues 383,056 (1,166) 381,890
13 Federal Funds 35,459 (3,812) 31,647
14 Restricted
Receipts 10,009 22,881 32,890
15 Grand Total - Governor's Commission
|
16
|
on
Disabilities
|
428,524
|
17,903
|
446,427
|
17 Office of the Mental Health Advocate
18 General Revenues 508,251 41,168 549,419
19 Elementary and Secondary
Education
20 Administration
of
the Comprehensive Education
Strategy
21 General Revenues 20,661,893 (1,334,573) 19,327,320
22 Federal Funds
23 Federal Funds 196,281,901 4,409,503 200,691,404
24 Federal Funds –
Stimulus 5,990,558 2,667,462 8,658,020
25 RTTT LEA Share 100,000 (100,000) 0
26 Restricted
Receipts 1,082,319 134,750 1,217,069
27 HRIC Adult Education Grants 3,500,000 0 3,500,000
28 Other Funds
29 Rhode Island Capital Plan Funds
30 State-Owned
Warwick 1,000,000 800,000 1,800,000
31 State-Owned
Woonsocket 1,000,000 200,000 1,200,000
32 Total – Administration
of the
33 Comprehensive Education
34 Strategy 229,616,671 6,777,142 236,393,813
1 Davies Career
and Technical School
2 General Revenues 11,640,152 0 11,640,152
3 Federal Funds 1,330,141 89,551 1,419,692
4 Restricted
Receipts 4,281,107 74,237 4,355,344
5 Other Funds
6 Rhode Island Capital Plan Funds
7 Davies HVAC 895,000 (893,000) 2,000
8 Davies Asset Protection 770,000 0 770,000
9 Total - Davies Career and Technical
10 School 18,916,400 (729,212) 18,187,188
11 RI School for the
Deaf
12 General Revenues 6,279,590 (231,025) 6,048,565
13 Federal Funds 259,714 (5,394) 254,320
14 Restricted
Receipts 785,791 0 785,791
15 Other Funds
16 Transformation
Grants 59,000 0 59,000
17 Total - RI School for the Deaf 7,384,095 (236,419) 7,147,676
18 Metropolitan
Career
and Technical School
19 General Revenues 9,864,425 0 9,864,425
20 Other Funds
21 Rhode Island Capital Plan Funds
22 MET
Asset Protection 100,000 0 100,000
23 MET
School HVAC 3,736,370 (3,286,306) 450,064
24 Total – Metropolitan
Career and
25 Technical School 13,700,795 (3,286,306) 10,414,489
26 Education Aid
27 General Revenues 796,039,977 (12,465) 796,027,512
28 Restricted
Receipts 19,299,709 1,413,857 20,713,566
29 Other Funds
30 Permanent School Fund
Education
31 Aid 300,000 (300,000) 0
32 Total – Education
Aid 815,639,686 1,101,392 816,741,078
33 Central Falls
School District
34 General Revenues 39,520,102 0 39,520,102
1 School Construction Aid
2 General Revenues
3 School Housing Aid 70,907,110 0 70,907,110
4 School Building Authority Capital
5 Fund 20,000,000 0 20,000,000
6 Total – School Construction
Aid 90,907,110 0 90,907,110
7 Teachers' Retirement
8 General Revenues 92,805,836 0 92,805,836
9 Grand Total - Elementary and
10 Secondary Education 1,308,490,695 3,626,597 1,312,117,292
11 Public Higher Education
12 Office of Postsecondary Commissioner
13 General Revenues 5,815,323 (11,505) 5,803,818
14 Federal Funds
15 Federal Funds 10,149,301 948,382 11,097,683
16 WaytogoRI Portal 943,243 0 943,243
17 Guaranty Agency Operating Fund
18 Scholarships and
Grants 4,000,000 0 4,000,000
19 Other Funds
20 Tuition Savings
Program –
Dual
21 Enrollment 1,300,000 409,120 1,709,120
22 Tuition Savings
Program –
Scholarship/
23 Grants 6,095,000 0 6,095,000
24 Total – Office of the
25 Postsecondary Commissioner 28,302,867 1,345,997 29,648,864
26 University
of
Rhode Island
27 General Revenues
28 General Revenues 71,385,336 (231,401) 71,153,935
29 The University shall not decrease internal student financial aid in the 2015 –
2016
30 academic year below the level of the 2014 – 2015 academic year. The President of the institution
31 shall report, prior to the commencement of the 2015-2016 academic year, to the chair of the
32 Council of Postsecondary Education that such tuition changes and student aid levels have been
33 achieved
at the start of the FY 2016
as prescribed above.
34 Debt Service 18,186,018 (9,684,183) 8,501,835
|
1
|
RI
State Forensics Lab
|
1,072,892
|
(5,535)
|
1,067,357
|
|
2
|
Other Funds
|
|
|
|
|
3
|
University and College
Funds
|
591,203,000
|
40,362,648
|
631,565,648
|
|
4
|
Debt – Dining Services
|
1,113,621
|
(3,082)
|
1,110,539
|
|
5
|
Debt – Education and
General
|
3,599,062
|
(4,758)
|
3,594,304
|
|
6
|
Debt – Health Services
|
136,256
|
10,000
|
146,256
|
|
7
|
Debt – Housing Loan Funds
|
10,607,660
|
1,788
|
10,609,448
|
|
8
|
Debt – Memorial Union
|
324,358
|
(5,403)
|
318,955
|
|
9
|
Debt – Ryan Center
|
2,793,305
|
(1,000)
|
2,792,305
|
|
10
|
Debt – Alton Jones Services
|
103,119
|
0
|
103,119
|
|
11
|
Debt - Parking Authority
|
1,029,157
|
8,953
|
1,038,110
|
|
12
|
Debt – Sponsored
Research
|
90,278
|
(500)
|
89,778
|
|
13
|
Debt – Energy Conservation
|
1,709,986
|
0
|
1,709,986
|
|
14
|
Debt – Restricted Energy
|
|
|
|
|
15
|
Conservation
|
810,170
|
10
|
810,180
|
|
16 Rhode Island Capital Asset Plan Funds
|
|
17
|
Asset Protection
|
7,686,900
|
0
|
7,686,900
|
|
18
|
Fire and
Safety Protection
|
3,221,312
|
2,258,882
|
5,480,194
|
|
19
|
Electrical Substation
|
1,200,000
|
3,026,671
|
4,226,671
|
|
20
|
New Chemistry Building
|
4,000,000
|
0
|
4,000,000
|
|
21
|
URI/RIC
Nursing Education Center
|
400,000
|
294,045
|
694,045
|
|
22
|
URI Bio-Tech
Building
|
0
|
181,100
|
181,100
|
|
23
|
White
Hall Renovations
|
0
|
534,394
|
534,394
|
|
|
|
|
|
|
24 Total – University of Rhode
25 Island 720,672,430 36,742,629 757,415,059
26 Notwithstanding
the provisions
of
section 35-3-15
of
the general
laws, all unexpended
or
27 unencumbered balances as of June 30, 2016 relating to the University of Rhode Island are hereby
28 reappropriated
to
fiscal year 2017.
29 Rhode Island
College
30 General Revenues
31 General Revenues 44,988,362 (197,668) 44,790,694
32 Rhode Island College shall maintain tuition charges in the 2015 – 2016 academic year at
33 the same level as the 2014 – 2015 academic year. The President of the institution shall report,
34 prior to the commencement of the 2015 – 2016 academic year, to the chair of the Council of
1 Postsecondary Education that such tuition charges and student aid levels have been achieved at
2 the start of FY 2016
as prescribed above.
3 Debt Service 5,214,649 (3,809,446) 1,405,203
4 Other Funds
5 University and College
Funds 118,566,770 763,908 119,330,678
6 Debt –
Education and General 879,147 (10) 879,137
7 Debt –
Housing 2,013,281 (1,644,459) 368,822
8 Debt –
Student Center and Dining 154,330 0 154,330
9 Debt –
Student Union 235,481 0 235,481
10 Debt –
G.O.
Debt Service 1,644,459 0 1,644,459
11 Debt –
Energy Conservation 256,275 (128,137) 128,138
12 Rhode Island Capital Plan Funds
13 Asset Protection 3,080,400 2,189,496 5,269,896
14 Infrastructure Modernization 2,000,000 1,132,574 3,132,574
15 Total – Rhode Island College 179,033,154 (1,693,742) 177,339,412
16 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
17 unencumbered
balances as
of
June
30,
2016
relating to
Rhode Island College are
hereby
18 reappropriated
to
fiscal year 2017.
19 Community
College of Rhode Island
20 General Revenues
21 General Revenues 47,965,855 (243,857) 47,721,998
22 The Community College of Rhode Island College shall maintain tuition charges in the
23 2014 – 2015 academic year at the same level as the 2015 – 2016 academic year. The President of
24 the institution shall report, prior to the commencement of the 2015 – 2016 academic year, to the
25 chair of the
Rhode Island Board of Education
that such tuition charges and student aid
levels have
26 been achieved at the start of FY 2016
as prescribed above.
27 Debt Service 1,676,521 (1,138,284) 538,237
28 Restricted
Receipts 653,200 0 653,200
29 Other Funds
30 University and College
Funds 106,862,884 (1,346,292) 105,516,592
31 CCRI Debt Service – Energy
32 Conservation 808,425 0 808,425
1 Knight Campus
Renewal 2,000,000 198,918 2,198,918
2 Total – Community College of
3 RI 162,150,985 (2,529,515) 159,621,470
4 Notwithstanding
the provisions
of
section 35-3-15
of
the general
laws, all unexpended
or
5 unencumbered balances as of June 30, 2016 relating to the Community College of Rhode Island
6 are hereby reappropriated to
fiscal year 2017.
7 Grand Total –
Public Higher
8 Education 1,090,159,436 33,865,369 1,124,024,805
9 RI State Council on the Arts
10 General Revenues
11 Operating Support 778,478 (3,274) 775,204
12 Grants 1,084,574 (15,188) 1,069,386
13 Federal Funds 775,353 (1,057) 774,296
14 Other Funds
15 Arts for Public
Facilities 1,398,293 (492,993) 905,300
16 Grand Total - RI State
Council
17 on
the Arts 4,036,698 (512,512) 3,524,186
18 RI Atomic Energy Commission
19 General Revenues 957,170 (20,720) 936,450
20 Federal Funds 54,699 288,742 343,441
21 Other Funds
22 URI Sponsored
Research 275,300 (12,146) 263,154
23 Rhode Island Capital Plan Funds
24 RINSC Asset Protection 50,000 28,931 78,931
25 Grand Total - RI Atomic Energy
26 Commission 1,337,169 284,807 1,621,976
27 RI Historical Preservation and
Heritage Commission
28 General Revenues 1,380,972 45,183 1,426,155
29 Federal Funds 2,075,393 (69,641) 2,005,752
30 Restricted
Receipts 428,630 (1,455) 427,175
31 Other Funds
32 RIDOT – Project Review 71,708 3,659 75,367
1 Grand Total –
RI
Historical Preservation
2 and
Heritage
Commission 3,956,703 102,746 4,059,449
3 Attorney General
4 Criminal
5 General Revenues 15,461,041 (1,020,960) 14,440,081
6 Federal Funds 1,291,777 2,457,535 3,749,312
7 Restricted
Receipts 6,353,595 (694,409) 5,659,186
8 Total – Criminal 23,106,413 742,166 23,848,579
9 Civil
10 General Revenues 5,285,996 (226,802) 5,059,194
11 Restricted
Receipts 896,735 (2,841) 893,894
12 Total – Civil 6,182,731 (229,643) 5,953,088
13 Bureau of Criminal Identification
|
14
|
General Revenues
|
1,591,162
|
116,669
|
1,707,831
|
15 General
16 General Revenues 2,855,011 160,293 3,015,304
17 Other Funds
18 Rhode Island Capital Plan Funds
19 Building Renovations and Repairs 300,000 0 300,000
20 Total – General 3,155,011 160,293 3,315,304
21 Grand Total - Attorney General 34,035,317 789,485 34,824,802
22 Corrections
23 Central Management
24 General Revenues 8,958,836 212,306 9,171,142
25 Federal Funds 118,361 228,692 347,053
26 Restricted
Receipts 0 206,690 206,690
27 Total – Central Management 9,077,197 647,688 9,724,885
28 Parole Board
29 General Revenues 1,345,685 45,924 1,391,609
30 Federal Funds 38,000 12,243 50,243
31 Total – Parole
Board 1,383,685 58,167 1,441,852
32 Custody
and Security
33 General Revenues 127,071,484 2,802,109 129,873,593
|
1
|
Restricted
Receipts
|
0
|
35,000
|
35,000
|
2 Total – Custody and Security 127,643,470 2,882,459 130,525,929
3 Institutional Support
4 General Revenues 16,595,667 (1,213,971) 15,381,696
5 Other Funds
6 Rhode Island Capital Plan Funds
7 Asset Protection 3,750,000 1,250,000 5,000,000
8 Maximum –
General Renovations 900,000 (500,000) 400,000
9 General Renovations Women’s 416,000 270,925 686,925
10 Bernadette Guay Roof 500,000 (500,000) 0
11 ISC Exterior Envelope
and
HVAC 800,000 137,739 937,739
12 Minimum Security Kitchen Expansion 1,100,000 (1,100,000) 0
13 Medium Infrastructure 1,500,000 (1,200,000) 300,000
14 New Gloria McDonald
Building 450,000 89,963 539,963
15 Total - Institutional Support 26,011,667 (2,765,344) 23,246,323
16 Institutional Based Rehab./Population Management
17 General Revenues 9,524,559 69,296 9,593,855
18 Federal Funds 552,034 282,500 834,534
19 Restricted
Receipts 29,464 14,108 43,572
20 Total – Institutional Based Rehab/Pop/Mgt. 10,106,057 365,904 10,471,961
21 Healthcare Services
22 General Revenues 20,771,182 523,147 21,294,329
23 Community
Corrections
24 General Revenues 15,957,837 (194,715) 15,763,122
25 Federal Funds 57,000 5,348 62,348
26 Restricted
Receipts 17,594 1,758 19,352
27 Total – Community Corrections 16,032,431 (187,609) 15,844,822
28 Grand Total –
Corrections 211,025,689 1,524,412 212,550,101
29 Judiciary
30 Supreme Court
31 General Revenues
32 General Revenues 27,107,017 1,023,779 28,130,796
33 Provided however, that no more than $932,340 in combined total shall be offset to the Public
34 Defender’s Office, the Attorney General’s Office, the Department of Corrections, the Department
1 of Children
Youth and Families,
and
the Department of Public Safety for
square-footage
2 occupancy costs
in public courthouses.
3 Defense of Indigents 3,542,240 0 3,542,240
4 Federal Funds 123,289 3,642 126,931
5 Restricted
Receipts 3,103,886 114 3,104,000
6 Other Funds
7 Rhode Island Capital Plan Funds
8 Judicial HVAC 900,000 63,038 963,038
9 Judicial Complexes Asset Protection 850,000 23,197 873,197
10 Licht Judicial Complex Restoration 750,000 0 750,000
11 Noel Shelled Courtroom Build
Out 3,000,000 0 3,000,000
12 Total - Supreme
Court 39,376,432 1,113,770 40,490,202
13 Judicial Tenure and Discipline
14 General Revenues 121,527 (65) 121,462
15 Superior Court
16 General Revenues 23,209,940 (245,693) 22,964,247
17 Federal Funds 50,406 67,880 118,286
18 Restricted
Receipts 300,000 0 300,000
19 Total - Superior Court 23,560,346 (177,813) 23,382,533
20 Family Court
21 General Revenues 20,918,555 (625,453) 20,293,102
22 Federal Funds 3,014,025 (39,810) 2,974,215
23 Total - Family Court 23,932,580 (665,263) 23,267,317
24 District Court
25 General Revenues 12,589,546 (860,242) 11,729,304
26 Federal Funds 243,416 37,565 280,981
27 Restricted
Receipts 169,251 (13,617) 155,634
28 Total - District Court 13,002,213 (836,294) 12,165,919
29 Traffic Tribunal
30 General Revenues 8,542,221 (142,255) 8,399,966
31 Workers' Compensation
Court
32 Restricted
Receipts 7,763,807 89,247 7,853,054
33 Grand Total – Judiciary 116,299,126 (618,673) 115,680,453
|
1
|
General Revenues
|
2,065,434
|
247,974
|
2,313,408
|
|
2
|
Federal Funds
|
15,361,864
|
(653,236)
|
14,708,628
|
3 Restricted
Receipts
4 RI Military Relief Fund 300,000 0 300,000
5 Counter Drug Asset Forfeiture 23,300 64,000 87,300
6 Other Funds
7 Rhode Island Capital Plan Funds
8 Armory of Mounted
Command
Roof
9 Rplmnt 357,500 (107,500) 250,000
10 Asset Protection 700,000 (309,488) 390,512
11 Benefit Street Arsenal Rehabilitation 0 773,423 773,423
12 Burrillville Regional Training
Institute 0 22,150 22,150
13 Joint Force Headquarters Building 600,000 (500,000) 100,000
14 Grand Total –
Military Staff 19,408,098 (462,677) 18,945,421
15 Emergency Management
16 General Revenues 1,766,002 (3,549) 1,762,453
17 Federal Funds 16,551,541 9,682,187 26,233,728
18 Restricted
Receipts 220,375 81,485 301,860
19 Other Funds
20 Rhode Island Capital Plan Funds
21 Hurricane
Sandy Cleanup 0 232,075 232,075
22 Grand Total –
Emergency
23 Management 18,537,918 9,992,198 28,530,116
24 Public Safety
25 Central Management
26 General Revenues 1,325,286 (116,100) 1,209,186
27 Federal Funds 3,770,143 1,499,373 5,269,516
28 Total – Central Management 5,095,429 1,383,273 6,478,702
29 E-911 Emergency
Telephone System
30 General Revenues 5,377,414 31,626 5,409,040
31 State Fire Marshal
32 General Revenues 3,250,543 (175,145) 3,075,398
33 Federal Funds 396,095 321,106 717,201
1 Other Funds
2 Rhode Island Capital Plan Funds
3 Fire Academy 2,000,000 874,614 2,874,614
4 Quonset Development Corp 60,541 699 61,240
5 Total - State Fire Marshal 5,896,017 1,119,108 7,015,125
6 Security
Services
7 General Revenues 22,680,304 (342,821) 22,337,483
8 Federal Funds 0 21,000 21,000
9 Total – Security Services 22,680,304 (321,821) 22,358,483
10 Municipal Police Training Academy
11 General Revenues 254,667 716 255,383
12 Federal Funds 165,754 52,381 218,135
13 Total - Municipal Police Training Academy 420,421 53,097 473,518
14 State Police
15 General Revenues 64,172,279 (2,801,495) 61,370,784
16 Federal Funds 2,432,080 1,435,195 3,867,275
17 Restricted
Receipts 10,987,508 14,219,062 25,206,570
18 Other Funds
19 Rhode Island Capital Plan Funds
20 Barracks
and
Training 0 400,000 400,000
21 Consolidated Training Academy 1,250,000 (1,250,000) 0
22 DPS Asset Protection 250,000 0 250,000
23 Barrack Renovation 400,000 379,885 779,885
24 Airport Corporation Assistance 377,148 (162,285) 214,863
25 Lottery Commission
Assistance 1,450,696 (159,692) 1,291,004
26 Road Construction
Reimbursement 2,936,120 (1,448) 2,934,672
27 Total - State Police 84,255,831 12,059,222 96,315,053
28 Grand Total –
Public Safety 123,725,416 14,324,505 138,049,921
29 Office of Public
Defender
30 General Revenues 11,621,977 (118,269) 11,503,708
31 Federal Funds 78,370 34,450 112,820
32 Grand Total - Office of Public
33 Defender 11,700,347 (83,819) 11,616,528
34 Environmental Management
1 Office of the
Director
2 General Revenues 5,162,770 65,185 5,227,955
3 Federal Funds 150,000 0 150,000
4 Restricted
Receipts 3,100,511 1,251,965 4,352,476
5 Total – Office of the
Director 8,413,281 1,317,150 9,730,431
6 Natural Resources
7 General Revenues 20,671,723 756,814 21,428,537
8 Federal Funds 19,131,833 1,231,778 20,363,611
9 Restricted
Receipts 6,360,768 (182,604) 6,178,164
10 Other Funds
11 DOT Recreational Projects 181,649 1,318,351 1,500,000
12 Blackstone Bikepath
Design 2,059,579 0 2,059,579
13 Transportation MOU 78,350 0 78,350
14 Rhode Island Capital Plan Funds
15 Dam Repair 750,000 (730,000) 20,000
16 Fort Adams
Rehabilitation 125,000 80,626 205,626
17 Fort Adams
America’s Cup 1,400,000 (897,565) 502,435
18 Recreational Facilities Improvements 4,991,000 0 4,991,000
19 Galilee Piers Upgrade 400,000 0 400,000
20 Newport
Piers 137,500 (137,500) 0
21 World
War
II Facility 770,000 828,971 1,598,971
22 Blackstone Valley Bike Path 198,410 (100,000) 98,410
23 Marine Infrastructure/Pier
24 Development 100,000 (100,000) 0
25 Rocky Point Acquisition/Renovations 200,000 76,562 276,562
26 Natural Resources Offices/Visitor’s
27 Center 2,500,000 (2,400,000) 100,000
28 Total - Natural Resources 60,055,812 (254,567) 59,801,245
29 Environmental Protection
30 General Revenues 11,751,892 (58,310) 11,693,582
31 Federal Funds 10,025,644 837,544 10,863,188
32 Restricted
Receipts 8,893,258 38,149 8,931,407
33 Other Funds
34 Transportation MOU 164,734 0 164,734
1 Total - Environmental Protection 30,835,528 817,383 31,652,911
2 Grand Total - Environmental
3 Management 99,304,621 1,879,966 101,184,587
4 Coastal Resources
Management Council
5 General Revenues 2,433,260 (11,405) 2,421,855
6 Federal Funds 2,614,348 (29,105) 2,585,243
7 Restricted
Receipts 250,000 0 250,000
8 Other Funds
9 Rhode Island Capital Plan Funds
10 South
Coast Restoration
Project 321,775 (321,775) 0
11 Shoreline Change
Beach SAMP 50,000 (50,000) 0
12 Grand Total - Coastal Resources
13 Mgmt.
Council 5,669,383 (412,285) 5,257,098
14 Transportation
15 Central Management
16 Federal Funds 8,540,000 312,846 8,852,846
17 Other Funds
18 Gasoline Tax 2,182,215 1,600,429 3,782,644
19 Total – Central Management 10,722,215 1,913,275 12,635,490
20 Management and
Budget
21 Other Funds
22 Gasoline Tax 4,530,251 (835,167) 3,695,084
23 Infrastructure Engineering –
GARVEE/Motor
Fuel
Tax Bonds
24 Federal Funds
25 Federal Funds 240,533,185 7,827,879 248,361,064
26 Federal Funds –
Stimulus 14,542,237 2,500,000 17,042,237
27 Restricted
Receipts 1,000,000 (840,494) 159,506
28 Other Funds
29 Gasoline Tax 73,801,440 (1,288,814) 72,512,626
30 Land
Sale
Revenue 10,800,000 (8,300,000) 2,500,000
31 Rhode Island Capital Plan Funds
32 RIPTA Land
and Buildings 200,000 0 200,000
33 Highway Improvement Program 34,650,000 8,788,530 43,438,530
1 GARVEE/Motor Fuel Tax Bonds 375,526,862 8,687,101 384,213,963
2 Infrastructure Maintenance
3 Other Funds
4 Gasoline Tax 14,127,961 5,659,009 19,786,970
5 Non-Land
Surplus Property 10,000 0 10,000
6 Outdoor Advertising 100,000 0 100,000
7 Rhode Island Highway Maintenance Account
54,349,189 4,718,213 59,067,402
8 Rhode Island Capital Plan Funds
9 Maintenance Facilities
Improvements 100,000 (100,000) 0
10 Salt Storage Facilities 1,000,000 0 1,000,000
11 Portsmouth Facility 1,000,000 (1,000,000) 0
12 Maintenance-Capital Equip.
13 Replacement 2,000,000 (2,000,000) 0
14 Train Station Maintenance and
15 Repairs 350,000 0 350,000
16 Total – Infrastructure
17 Maintenance 73,037,150 7,277,222 80,314,372
18 Grand Total – Transportation 463,816,478 17,042,431 480,858,909
19 Statewide Totals
20 General Revenues 3,551,988,738 20,593,295 3,572,582,033
21 Federal Funds 2,947,277,640 137,987,381 3,085,265,021
22 Restricted
Receipts 245,496,096 63,554,903 309,050,999
23 Other Funds 1,920,676,257 53,551,980 1,974,228,237
24 Statewide Grand Total 8,665,438,731 275,687,559 8,941,126,290
25 SECTION
2.
Each
line appearing in
Section 1 of
this Article
shall
constitute
an
26 appropriation.
27 SECTION 3. The general assembly authorizes the state controller to establish the
internal
28 service accounts shown below, and no other, to finance and account for the operations of state
29 agencies that provide services to other agencies, institutions and other governmental units on a
30 cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
31 managed in a businesslike manner, promote efficient use of services by making agencies pay the
32 full costs associated with providing the services, and allocate the costs of central administrative
33 services across all fund types, so that federal and other non-general fund programs share in the
1 the cost
of
work
or services performed
for any other
department
or
agency
subject to
the
2 following expenditure limitations:
3 Account FY 2016 FY
2016 FY2016
4 Enacted Change Final
5 State
Assessed Fringe
Benefit Internal Service
6 Fund 38,930,194 1,825,551 40,755,745
7 Administration
Central Utilities Internal Service
8 Fund 17,782,800 (3,089,525) 14,693,275
9 State
Central Mail Internal Service Fund 6,203,680 (205,376) 5,998,304
10 State Telecommunications Internal Service
11 Fund 4,122,558 (1,122,596) 2,999,962
12 State
Automotive Fleet Internal Service Fund 13,830,623 (1,357,701) 12,472,922
13 Surplus Property Internal Service Fund 2,500 0 2,500
14 Health Insurance Internal Service Fund 251,175,719 436,028 251,611,747
15 Other Post-Employment Benefits
Fund 64,293,483 (359,000) 63,934,483
16 Capital Police Internal Service Fund 1,252,144 (112,647) 1,139,497
17 Corrections Central Distribution Center Internal
18 Service Fund 6,768,097 172,738 6,940,835
19 Correctional Industries Internal Service Fund 7,228,052 117,339 7,345,391
20 Secretary of State Record
Center Internal
21 Service Fund 813,687 82,563 896,250
22 SECTION 4. Departments and agencies listed below may not exceed the number of full-
23 time equivalent (FTE) positions shown
below in
any pay period. Full-time equivalent positions do
24 not include seasonal or intermittent positions whose scheduled period of employment does not
25 exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
26 twenty-five (925)
hours,
excluding overtime, in
a
one-year period. Nor
do they include
27 individuals
engaged
in training, the
completion
of
which
is a prerequisite of employment.
28 Provided, however, that the Governor or designee, Speaker of the House of Representatives or
29 designee, and the
President
of
the
Senate
or
designee may
authorize an adjustment to
any
30 limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
31 recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
32 copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
33 the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
34 Senate
Fiscal Advisor.
1 State employees whose funding is from non-state general revenue funds that are time
2 limited shall receive limited term appointment with the term limited to the availability of non-
3 state general revenue funding source.
4 FY 2016 FTE POSITION AUTHORIZATION
5 Departments and
Agencies Full-Time
Equivalent
6 Administration 711.7 712.7
7 Business Regulation 98.0
8 Executive Office of Commerce 16.0
9 Labor and Training 410.0 409.5
10 Revenue 514.5
11 Legislature 298.5
12 Office of the Lieutenant Governor 8.0
13 Office of the Secretary of State 57.0
14 Office of the General Treasurer 84.0
15 Board
of
Elections 11.0
16 Rhode Island Ethics Commission 12.0
17 Office of the Governor 45.0
18 Commission for Human
Rights 14.5
19 Public Utilities Commission 50.0
20 Office of Health and
Human Services 187.0
21 Children,
Youth, and Families 672.5
22 Health 490.6
23 Human
Services 959.1
24 Behavioral Health,
Developmental Disabilities, and
Hospitals 1,421.4 1,419.4
25 Office of the Child Advocate 6.0
26 Commission on the
Deaf
and Hard of Hearing 3.0
27 Governor's Commission on Disabilities 4.0
28 Office of the Mental Health Advocate 4.0
29 Elementary and Secondary Education 151.4
30 School for the Deaf 60.0
31 Davies Career and Technical School 126.0
32 Office of the Postsecondary Commissioner 25.0
33 Provided
that
1.0
of the total authorization
would be available only for
positions
that
are
34 supported by third-party funds.
1 University of Rhode Island 2,456.5
2 Provided that 573.8 of the total authorization would be available only for positions that are
3 supported by third-party funds.
4 Rhode Island College 923.6
5 Provided that 82.0 of the total authorization would be available only for positions
that are
6 supported by third-party funds.
7 Community College
of Rhode Island 854.1
8 Provided that 89.0 of the total authorization would be available only for
positions that are
9 supported by third-party funds.
10 Rhode Island State Council on
the
Arts 8.6
11 RI Atomic
Energy Commission 8.6
12 Historical Preservation and Heritage Commission 16.6
13 Office of the Attorney General 236.1
14 Corrections 1,419.0
15 Judicial 724.3
16 Military Staff 92.0
17 Public Safety 633.2
18 Office of the Public Defender 93.0
19 Emergency Management 32.0
20 Environmental Management 399.0
21 Coastal Resources Management Council 29.0
22 Transportation 752.6 752.0
23 Total 15,118.4 15,116.3
24 SECTION
5. This article shall take effect upon
passage.
=======
art.011/8/011/7/011/6/011/5/011/4/011/3/011/2/011/1
=======
1 ARTICLE 11
2 RELATING TO STRENGTHENING NEIGHBORHOOD SCHOOLS
3 SECTION 1. Section 16-2-9.4 of the General Laws in Chapter 16-2 entitled "School
4 Committees
and
Superintendents"
is hereby amended to
read
as follows:
5 16-2-9.4. School district accounting compliance.
-- (a) The office of auditor general
6 and the department of elementary and secondary education shall promulgate a uniform system of
7 accounting, including a chart of accounts based on the recommendations of the advisory council
8 on school finance, and require all accounts of the school districts, regional school districts, state
9 schools, and charter schools to be kept in accordance therewith; provided, that in any case in
10 which the uniform system of accounting is not practicable, the office of auditor general, in
11 conjunction with the department of elementary and secondary education, shall determine the
12 manner in which the accounts shall be kept. The uniform chart of accounts (UCOA) must allow
13 for both school-to-school and school district-to-school district comparisons. The structure of the
14 UCOA shall ensure that data is captured and presented by, at a minimum, position, program and
15 school location in order to facilitate such comparisons. The uniform system of accounting shall
16 also include a standardized budget process to ensure districts can annually assess investment
17 priorities and
incorporate long-range
planning.
18 (b) For the purpose of securing a uniform system of accounting and a chart of accounts
19 the advisory council on school finances, as defined in § 16-2-9.2 may make such surveys of the
20 operation of any school districts, regional school district, state school, or charter school as they
21 shall deem necessary.
22 (c) Upon completion of the implementation of the uniform chart of accounts, all the
23 school districts, regional school districts, state schools, and/or charter schools, shall implement a
24 regents department of elementary and secondary education-approved budget model, that shall
25 include a distinct line item for payments to charter schools and use best practices established by
26 the department
of elementary and secondary education for long-range
planning, budget
27 development,
and budget administration
and reporting.
28 (d) Commencing July 1, 2017, and on a continuing basis thereafter, each local education
29 agency shall
submit
a
"budget only" file
that
conforms with UCOA
requirements
to the
30 department of elementary and secondary education within 30 days of the city/town adoption of
1 the budget.
2 (e) Using data from the uniform chart of accounts, on an annual basis the department of
3 elementary and secondary
education shall publish
on
its
website and provide the
general
4 assembly with a performance dashboard indicating the per-pupil expenditures of each public
5 school and school district broken down by revenue sources and expenditure categories. Further,
6 the department shall provide, within the same dashboard, student performance indicators for each
7 public school and school district.
8 (f) Commencing July 1, 2017, and on a continuing basis thereafter, each local education
9 agency shall post the following information on its website in a downloadable format, for free
10 public access:
11 (1) The local education agency's annual budget, commencing with the budget for the
12 2017-18 budget year, that includes, at a minimum,
information at the
program and school levels;
13 (2) The local education agency shall post a link to the statewide website operated by the
14 department of elementary and secondary education which will publish the school and district
15 level "budget only" and
UCOA expenditure data.
16 (3) Each local education agency shall update the information specified in subsection (1)
17 of this section within sixty (60) days after adoption and/or making any changes to the local
18 education agency's budget, including any changes made to the budgets of an individual program
19 or school.
20 (d)(g) If any school district,
regional school district, state school,
or charter school fails
to
21 install
and maintain the
uniform system of accounting, including
a
chart
of
accounts and
22 approved budget model, or fails to keep its accounts and interdepartmental records, or refuses or
23 neglects to make the reports and to furnish the information in accordance with the method
24 prescribed
by the
office of auditor general and
the department of education, or hinders or prevents
25 the examination of accounts and financial records, the auditor general and the commissioner of
26 education, and/or their respective
designee(s),
shall make a report to
the superintendent of schools
27 of the local education agency, the
school committee chairperson,
the mayor or town manager, and
28 the president of the town council, and/or for a charter school, to the board of trustees or directors,
29 as applicable, in
writing,
specifying the
nature
and extent
of the
failure,
refusal,
neglect,
30 hindrance, or prevention, and the commissioner is hereby authorized and directed to review the
31 matter so reported. If the commissioner shall find that failure, refusal, neglect, hindrance, or
32 prevention exists and that the school district, regional school district, state school, or charter
33 school should properly comply in the matter so reported, the commissioner shall direct the school
34 district, regional school district, state school, or charter school, in writing, to so comply. If the
1 failure, refusal, neglect, hindrance, or prevention shall continue for a period of ten (10) days
2 following the
written direction,
the commissioner may request
the board of education
for
3 approval to withhold distribution of state aid to said school district, regional school district, state
4 school, or charter school. The board shall hold a hearing and provide the subject school and/or
5 district notice and an opportunity to be heard at said hearing. After hearing thereon, the board
6 may authorize the commissioner to withhold the distribution of state aid to said school district,
7 regional school district, state school, or charter school, if the board determines such sanction is
8 appropriate.
9 (e)(h) The department of elementary and secondary education, in consultation with the
10 division of municipal finance, shall conduct periodic reviews and analysis of school revenues and
11 expenses. The department shall also review and monitor compliance with the approved budget
12 model and best practices.
The department shall identify
those local education agencies considered
13 to be at risk of a year-end deficit or a structural deficit that could impact future years. Such
14 potential deficits
shall be
identified
based on the periodic reviews,
which may
also
include on-site
15 visits and reporting in accordance with the provisions of § 45-12-22.2. Potential deficits shall be
16 reported to the office of municipal finance, office of auditor general, superintendent, chairman of
17 the school committee, mayor or town manager, and the president of the town council, of the
18 applicable school district, regional school district, or state school, and/or for a charter school, to
19 the board of trustees or directors, as
applicable.
20 SECTION 2. Sections 16-7.2-3, 16-7.2-4, 16-7.2-5, and 16-7.2-6 of the General Laws in
21 Chapter 16-7.2 entitled "The Education Equity and Property Tax Relief Act" are hereby amended
22 to read
as follows:
23 16-7.2-3. Permanent foundation education aid established. -- (a) Beginning in the
24 2012 fiscal year, the
following
foundation education aid formula shall take effect.
The foundation
25 education aid for each district shall be the sum of the core instruction amount in (a)(1) and the
26 amount to support high need students in (a)(2), which shall be multiplied by the district state
27 share
ratio
calculated
pursuant to § 16-7.2-4
to determine the foundation aid.
28 (1) The core instruction amount shall be an amount equal to a statewide per pupil core
29 instruction amount as established by the department of elementary and secondary education,
30 derived from the average of northeast regional expenditure data for the states of Rhode Island,
31 Massachusetts, Connecticut, and New
Hampshire from
the National Center for Education
32 Statistics (NCES) that will adequately fund the student instructional needs as described in the
33 basic education program and multiplied by the district average daily membership as defined in §
34 16-7-22.
Expenditure data in
the following categories:
instruction
and support
services
for
1 students, instruction, general administration, school administration and other support services
2 from the National Public Education Financial Survey as published by NCES and enrollment data
3 from the Common Core of Data also published by NCES will be used when determining the core
4 instruction amount. The core instruction amount will be updated annually. For the purpose of
5 calculating this formula, school districts' resident average daily membership shall exclude charter
6 school and state-operated school
students.
7 (2) The amount to support high need students
beyond
the core instruction
amount shall be
8 determined by multiplying a student success factor of forty percent (40%) by the core instruction
9 per pupil amount described in § 16-7.2-3(1) and applying that amount
to all resident children
10 eligible for USDA reimbursable school meals for each resident child whose family income is at
11 or below one
hundred eighty-five
percent
(185%)
of
federal
poverty guidelines,
hereinafter
12 referred to
as "poverty status."
13 (b) LEAs may set aside a portion of funds received under subsection (a) to expand
14 learning opportunities such as after school and summer programs, full day kindergarten and/or
15 multiple pathway programs provided that the basic education program and all other approved
16 programs
required in law are funded.
17 (c) The department
of elementary and secondary education
shall
promulgate
such
18 regulations
as
are necessary to
implement fully the
purposes of this chapter.
19 16-7.2-4. Determination of state's share. -- (a) For each district, the state's share of the
20 foundation
education aid calculated
pursuant to
§
16-7.2-3(a) shall use
a
calculation
that
21 considers a district's revenue generating capacity and concentration of high-need students. The
22 calculation is the square root of the sum of the state share ratio for the community calculation,
23 (SSRC), pursuant to § 16-7-20, squared plus the district's percentage of students eligible for
24 USDA reimbursable school meals in grades PK-6 in poverty status (PK6FRPL)
squared, divided
25 by two.
26 (b) For purposes of determining the state's share, school district student data used in this
27 calculation shall include charter school and state school students. These ratios are used in the
28 permanent foundation education aid formula
calculation described in § 16-7.2-5.
29 16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical
30 High School, and the Metropolitan Regional Career and Technical Center. -- (a) Charter
31 public schools as defined in chapter 77 of this title, the William M. Davies, Jr. Career and
32 Technical High School (Davies) and the Metropolitan Regional Career and Technical Center (the
33 Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual enrollment data for
34 any charter public school shows a ten percent (10%) or greater change from the prior year
1 enrollment which is used as the reference year average daily membership, the
last six (6) monthly
2 third and fourth quarter payments to the charter public school will be adjusted to reflect actual
3 enrollment. The state share of the permanent foundation education aid shall be paid by the state
4 directly
to the charter public schools, Davies, and the
Met
Center pursuant to § 16-7.2-9 and shall
5 be calculated using the state share ratio of the district of residence of the student as set forth in §
6 16-7.2-4. The
department of elementary
and
secondary education
shall
provide
the
general
7 assembly
with the calculation of the state share of permanent foundation education aid for charter
8 public
schools delineated by school district.
9 The department shall also
provide the
general
assembly
a
performance dashboard
10 indicating the per-pupil expenditures of each school district and charter school broken down by
11 revenue
sources and
expenditure categories. The department
shall
provide,
within the same
12 dashboard, student performance indicators for each school district or charter school. (b) The local
13 share of education funding,
as defined by the department of elementary and secondary education
14 and approved by the General Assembly, shall be
paid
to the
charter public
school,
Davies,
and the
15 Met Center by the district of residence of the student and shall be the local per-pupil cost
16 calculated by dividing the local appropriation to education from property taxes, net of debt
17 service, and capital projects, as defined in the uniform chart of accounts by the average daily
18 membership for each city and
town,
pursuant to §
16-7-22, for the reference year.
19 (c) Beginning in FY 2017, there shall be
a reduction to the local per pupil funding paid
by
20 the district of residence
to charter public schools, Davies and the Met Center.
This
reduction shall
21 be equal to the greater (i) of seven percent (7%) of the local per pupil funding of the district of
22 residence pursuant to §16-7 .2-5(b) or (ii) the per pupil value of the district's costs for non-public
23 textbooks, transportation for non-public students, retiree health benefits, out-of-district special
24 education tuition and transportation, services for students age eighteen (18) to twenty-one (21)
25 years old, pre-school screening and intervention, and career and technical education, tuition and
26 transportation costs, debt service and rental costs minus the average expenses incurred by charter
27 schools for those same categories of expenses as reported in the uniform chart of accounts for the
28 prior preceding
fiscal year pursuant to §16-7-16(11) and verified
by the department of elementary
29 and secondary
education. In the case where audited financials result in a change in the calculation
30 after the first tuition payment is made, the remaining payments shall be based on the most recent
31 audited data. For those districts whose greater reduction occurs under the calculation of (ii), there
32 shall be an additional reduction to payments to mayoral academies with teachers that do not
33 participate in the state
teacher's
retirement system under chapter 8
of
title 36 equal to the per pupil
34 value of teacher retirement costs attributable to unfunded liability as calculated by the state's
1 actuary for the
prior preceding fiscal year.
2 (b)(d) Local district payments to charter public schools, Davies, and the Met Center for
3 each district's students enrolled in these schools shall be made on a quarterly basis in July,
4 October, January and April; however, the first local district payment shall be made by August 15
5 instead of July. Failure of the community to make the local district payment for its student(s)
6 enrolled in a charter public school, Davies, and/or the Met Center may result in the withholding
7 of state
education aid pursuant to § 16-7-31.
8 (e) Beginning in FY 2017, school districts with charter public school, Davies, and the
9 Met Center enrollment, that combined, comprise five percent (5%) or more of the average daily
10 membership as defined in §16-17-22 shall receive additional aid for a period of three (3) years.
11 Aid in FY 2017 shall be equal to the number of charter public school, open enrollment schools,
12 Davies, or the Met Center students as of the reference year as defined in §16-7-16 times a per
13 pupil amount of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to the
14 number of charter public school, open enrollment schools, Davies, or the Met Center students as
15 of the reference year as defined in §16-7-16 times a per pupil amount of one hundred dollars
16 ($100). Aid in FY 2019 shall be equal to the number of charter public school, open enrollment
17 schools, Davies, or the Met Center students as of the reference year as defined in §16-7-16 times
18 a per pupil amount of fifty
dollars ($50.00). The additional aid shall be used to offset the adjusted
19 fixed costs retained
by the districts
of residence.
20 16-7.2-6. Categorical programs, state
funded expenses. -- In addition to the foundation
21 education aid provided pursuant to § 16-7.2-3 the permanent foundation education aid program
22 shall provide direct state funding for:
23 (a) Excess costs associated with special education students. - Excess costs are defined
24 when an individual special education student's
cost shall be deemed
to be "extraordinary."
25 Extraordinary costs are those educational costs that exceed the state approved threshold based on
26 an amount above five times the core foundation amount (total of core instruction amount plus
27 student success amount) The department of elementary and secondary education shall prorate the
28 funds available for distribution
among those eligible
school districts if the
total approved
costs for
29 which school districts are seeking reimbursement exceed the amount of funding appropriated in
30 any fiscal year; and the department of elementary and secondary education shall also collect data
31 on those educational costs that exceed the state approved threshold based on an amount above
32 four (4) times the
core foundation amount.
33 (b) Career and technical education costs to help meet initial investment requirements
34 needed to
transform existing
or
create new comprehensive
career
and
technical
education
1 programs and career pathways in critical and emerging industries and to help offset the higher
2 than average costs associated with facilities, equipment maintenance and repair, and supplies
3 necessary for maintaining the quality of highly specialized programs that are a priority for the
4 state. The department shall develop recommend criteria for the purpose of allocating any and all
5 career and technical education funds as may be determined by the general assembly on an annual
6 basis.
The department of elementary
and secondary
education shall prorate
the funds available for
7 distribution among those eligible school districts if the total approved costs for which school
8 districts
are
seeking reimbursement exceed the amount of funding available in
any fiscal year;
9 (c) Programs
to increase access to
voluntary, free, high-quality pre-kindergarten
10 programs.
The department shall recommend
criteria for the purpose of allocating any and all early
11 childhood program funds as may be determined by the general assembly;
12 (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to assure
13 that appropriate
funding is
available
to support their the community,
including students.
14 Additional support for Central Falls
is needed from the community that attend the charter schools,
15 Davies, and the Met Center pursuant to § 16-7.2-5, due to concerns regarding the city's capacity
16 to meet the local share of education costs.
This fund requires that education aid calculated
17 pursuant to § 16-7.2-3 and funding for costs outside the permanent foundation education aid
18 formula,
including but not
limited to transportation, facility maintenance,
and retiree health
19 benefits shall be shared between the state and the city
of Central Falls.
The fund
shall be annually
20 reviewed to determine the amount of the state and city appropriation. The state's share of this
21 fund may be supported through a reallocation of current state appropriations to the Central Falls
22 school district. At the end of the transition period defined in § 16-7.2-7, the municipality will
23 continue its contribution pursuant to § 16-7-24.
Additional support for the Davies and the Met
24 Center is needed due to the costs associated with running a stand-alone high school offering both
25 academic and career and technical coursework. The department shall recommend criteria for the
26 purpose of allocating
any and all stabilization funds
as
may
be determined by the general
27 assembly; and
28 (e) Excess costs associated
with transporting students to out of district non-public schools
29 and within
regional
school districts. (1)
This fund will provide state funding
for the costs
30 associated with transporting students to out of district non-public schools, pursuant to title 16,
31 Chapter 21.1.
The
state will assume the costs of non-public out-of-district transportation for those
32 districts participating in the statewide system; and (2) This fund will provide direct state funding
33 for the excess
costs
associated with transporting
students within
regional
school districts,
34 established pursuant to title 16, chapter 3. This fund requires that the state and regional school
1 district share equally the student transportation costs net any federal sources of revenue for these
2 expenditures. The department of elementary and secondary education shall prorate the funds
3 available for distribution among those eligible school districts if the total approved costs for
4 which school districts are seeking reimbursement exceed the amount of funding available in any
5 fiscal year.
6 (f) Public school districts that are regionalized shall be eligible for a regionalization
7 bonus as set forth below.
8 (1) As used herein, the term "regionalized" shall be deemed to refer to a regional school
9 district established under the provisions of chapter 16-3 including the Chariho Regional School
10 district.
11 (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus
12 shall
commence
in FY 2012. For those districts
that regionalize after
July 1, 2010, the
13 regionalization bonus shall commence in the first fiscal year following the establishment of a
14 regionalized school district as set forth section 16-3, including the Chariho Regional School
15 District.
16 (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the
17 state's share of the foundation education aid for the regionalized district as calculated pursuant to
18 §§ 16-7.2-3 and 16-7.2-4
in that fiscal year.
19 (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the
20 state's share of the foundation education aid for the regionalized district as calculated pursuant to
21 §§ 16-7.2-3 and 16-7.2-4
in that fiscal year.
22 (5) The
regionalization
bonus shall cease in the third
fiscal year.
23 (6) The regionalization bonus for the Chariho regional school district shall be applied to
24 the state share of the
permanent foundation
education
aid
for the
member towns.
25 (7) The department of
elementary
and
secondary
education shall prorate the funds
26 available for distribution among those eligible regionalized school districts if the total approve
27 costs for which regionalized school districts are seeking a regionalization bonus exceed the
28 amount of funding appropriated in
any
fiscal year.
29 (g) Additional state support for English learners (EL). For FY 2017 only, the amount to
30 support EL students shall be determined by multiplying an EL factor of ten percent (10%) by the
31 core instruction per
pupil
amount defined in
§16-7.2-3(a)(1)
and
applying
that
amount of
32 additional state support to EL students identified using widely adopted, independent standards
33 and assessments identified by the
Commissioner. All categorical funds
distributed pursuant to this
34 subsection must be used to provide high-quality, research-based services to EL students and
1 managed in accordance with requirements set forth by the commissioner of elementary and
2 secondary education.
The
department of elementary
and
secondary
education
shall
collect
3 performance
reports from
districts
and
approve
the use of funds prior to
expenditure. The
4 department of elementary and secondary education shall ensure the funds are aligned to activities
5 that are innovative and expansive and not utilized for activities the district is currently funding.
6 The department of elementary and secondary education shall prorate the funds available for
7 distribution among eligible recipients if the total calculated costs exceed the amount of funding
8 available in
any fiscal year.
9 (g)(h)
Categorical programs defined in (a) through (f) shall be funded pursuant to the
10 transition plan in
§ 16-7.2-7.
11 SECTION 3. Section 16-77.2-5 of the General Laws in Chapter 16-77.2 entitled "District
12 Charter School" is
hereby amended to
read
as follows:
13 16-77.2-5. Budgets and funding. -- (a) It is the intent of the general assembly that
14 funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive
15 to the establishment of a district charter school. Funding for each district charter school shall
16 consist of state revenue and municipal or district revenue in the same proportions that funding is
17 provided for other schools within the sending school district(s).
18 (b) The amount of funding which shall be allocated to the district charter school by the
19 sending school district(s) shall be equal to a percentage of the total budgeted expenses of the
20 sending school district(s) which is determined by dividing the number of students enrolled in the
21 district charter school by
the total resident average daily number of students in the
sending
school
22 district(s).
23 (c)(b) Funding
additional to
that authorized
from
the sending
school district(s) by
24 subsection (b) may be allocated
to the district charter school
from the sending
school district(s) to
25 the extent that the combined percentage of students eligible for free or reduced cost lunch,
26 students with limited English proficiency, and students requiring special education exceed the
27 combined
percentage
of
those students in
the sending
school district(s)
as
a
whole.
The
28 commissioner shall promulgate rules and regulations consistent with this section regarding the
29 allocation of funds
from sending school districts
to district charter schools.
30 (d)(c) All services centrally or otherwise provided by the school district in which the
31 district charter school is located which the district charter school decides to utilize including, but
32 not limited to, transportation, food services, custodial services, maintenance, curriculum, media
33 services, libraries, nursing, and warehousing, shall be subject to negotiation between a district
34 charter school and the school district in which the district charter school is located and paid for
1 out of the revenues of the
district
charter school. Disputes with regard to
cost of
services
2 requested from the
school
district
in which the
district charter
school
is located will be
3 adjudicated by the commissioner.
4 (e)(d) A district charter school shall be eligible to receive other aids, grants, Medicaid
5 revenue, and other revenue according to Rhode Island law, as though it were a school district.
6 Federal aid received by the state shall be used to benefit students in the charter public school, if
7 the school qualifies for the aid, as
though it were a
school district.
8 (f)(e) A district charter school may negotiate and contract directly with third parties for
9 the purchase of books, instructional materials, and any other goods and services which are not
10 being provided
by the
sending school district(s) pursuant to the charter.
11 (g) Any career echnical charter public school enrolling special education students from
12 outside school districts with verifiable individual education program (IEP) designations shall
13 receive from the sending school district(s) the average per pupil special education cost of the
14 sending district, in accordance with standards established by the Rhode Island department of
15 secondary and elementary education.
16 SECTION 4. Section of 16-77.3-5 of the General Laws in Chapter 16-77.3 entitled
17 "Independent Charter Schools" is
hereby amended
to
read as follows:
18 16-77.3-5. Budgets and funding. -- (a) It is the intent of the general assembly that
19 funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive
20 to the establishment of an independent charter school. Funding for each independent charter
21 school shall consist of state revenue and municipal or district revenue in
the
same
proportions that
22 funding is
provided for other schools within
the
sending school district(s).
23 (b) The amount of funding which shall be allocated to the independent charter school by
24 the sending school district(s) shall be equal to a percentage of the total budgeted expenses of the
25 sending school district(s) which is determined by dividing the number of students enrolled in the
26 district charter school by
the total resident average daily number of students in the
sending
school
27 district(s).
28 (c)(b) Funding
additional to
that authorized
from the
sending school
district(s) by
29 subsection (b) may be allocated to the independent charter school from the sending school
30 district(s) to the extent that the combined percentage of students eligible for free or reduced cost
31 lunch, students with limited English proficiency, and students requiring special education exceed
32 the combined percentage of those students in the sending school district(s) as a whole. The
33 commissioner shall promulgate rules and regulations consistent with this section regarding the
34 allocation
of funds from sending school districts to independent charter schools.
1 (d)(c) An independent
charter school shall be
eligible to
receive other
aids, grants,
2 Medicaid revenue, and other revenue according to Rhode Island law, as though it were a school
3 district. Federal aid received by the state shall be used to benefit students in the independent
4 charter school, if the
school qualifies for the
aid,
as though
it
were a school district.
5 (e)(d) An independent charter school may negotiate and contract directly with third
6 parties for the purchase of books, instructional materials, and any other goods and services which
7 are not being provided
by the
sending school district(s) pursuant to
the
charter.
8 (f) Any career/technical charter public school enrolling special education students from
9 outside school districts with verifiable individual education program (IEP) designations shall
10 receive from the sending school district(s) the average per pupil special education cost of the
11 sending district, in accordance with standards established by the Rhode Island department of
12 elementary and secondary education.
13 SECTION
5.
Section
16-77.4-5 of the
General Laws
in Chapter
16-77.4
entitled
14 "Mayoral Academies"
is hereby amended
to
read as follows:
15 16-77.4-5. Budgets and funding. -- (a) It is the intent of the general assembly that
16 funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive
17 to the establishment of a mayoral academy. Funding
for each mayoral academy shall consist of
18 state revenue and municipal or district revenue in the same proportions that funding is provided
19 for other schools within the sending school district(s).
20 (b) The amount of funding which shall be allocated to the mayoral academy by the
21 sending school district(s) shall be equal to a percentage of the total budgeted expenses of the
22 sending school district(s) which is determined by dividing the number of students enrolled in the
23 mayoral academy by the total resident average daily number of students in the sending school
24 district(s).
25 (c)(b) Funding
additional to
that authorized
from
the sending
school district(s) by
26 subsection (b) may be allocated to the mayoral academy from the sending school district(s) to the
27 extent that the combined percentage of students eligible for free or reduced cost lunch, students
28 with limited English proficiency, and students requiring special education exceed the combined
29 percentage of those students in the sending school district(s) as a whole. The commissioner shall
30 promulgate rules and regulations consistent with this section regarding the allocation of funds
31 from sending school districts
to mayoral academies.
32 (d)(c) A mayoral academy shall
be
eligible to
receive
other
aids,
grants,
Medicaid
33 revenue, and other revenue according to Rhode Island law, as though it were a school district.
34 Federal aid received by the state shall be used to benefit students in a mayoral academy, if the
1 school qualifies for the aid, as though it were a school district.
2 (e)(d) A mayoral academy may negotiate and contract directly with third parties for the
3 purchase of books, instructional materials, and any other goods and services which are not being
4 provided by the
sending school district(s) pursuant to the charter.
5 (f) Any career/technical charter public school enrolling special education students from
6 outside school districts with verifiable individual education program (IEP) designations shall
7 receive from the sending school district(s) the average per pupil special education cost of the
8 sending district(s), in accordance with standards established by the Rhode Island department of
9 elementary and secondary education.
10 SECTION
6.
Section 16-64-1.1 of the
General
Laws in
Chapter
16-64
entitled
11 "Residence of Children
for
School Purposes"
is hereby amended
to
read as follows:
12 16-64-1.1. Payment and reimbursement for educational costs of children placed in
13 foster care, group homes, or other residential facility by a Rhode Island state agency. -- (a)
14 Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island
15 governmental agency shall be entitled to the same free appropriate public education provided to
16 all other residents of the city or town
where the
child is
placed. The city or town
shall pay the cost
17 of the
education of the child during the time
the
child is in foster care in the city or town.
18 (b) Children placed by DCYF in a group home or other residential facility that does not
19 include the delivery of educational services are to be educated by the community in which the
20 group home or other residential facility is located, and those children shall be entitled to the same
21 free appropriate public education provided to all other residents of the city or town where the
22 child is placed. For purposes of payment and reimbursement for educational costs under this
23 chapter, the term "group home or other residential facility" shall not include independent living
24 programs.
Each
city and town
that contains one or
more
group
homes or other residential
25 facilities that do not include delivery
of educational services will receive funds
as part of state aid
26 to education in accordance with the following provisions:
27 (1) On December 31 of each year the DCYF shall provide the department of elementary
28 and secondary education with a precise count of how many group home or other residential
29 facility "beds"
exist in each Rhode Island city or town, counting only those "beds" in facilities
30 that do not include the delivery of educational services. The number of "beds" in each group
31 home or other residential facility shall be equal to the maximum number of children that may be
32 placed in that group home or other residential facility on any given night according to the
33 applicable licensure standards
of the
DCYF.
34 (2) For the fiscal year beginning July 1, 2007, if the number of beds certified by the
1 Department of Children,
Youth
and Families for a
school district by December 31, 2007 is
greater
2 than the number certified March 14, 2007 upon which the education aid for FY 2008 was
3 appropriated, the education aid for that district will be increased by the number of increased beds
4 multiplied
by fifteen thousand
dollars ($15,000). Notwithstanding the
provisions of this section or
5 any law to the contrary, the education aid for all group home or other residential facility "beds"
6 located or associated with the Children's Residential and Family Treatment (CRAFT) program
7 located on the East Providence campus of Bradley Hospital shall be twenty-two thousand dollars
8 ($22,000) per bed. The Department of Elementary and Secondary Education shall include the
9 additional aid in equal payments in March, April, May and June, and the Governor's budget
10 recommendations pursuant to
§
35-3-8
shall include
the amounts required to
provide
the
11 increased aid.
12 For all fiscal years beginning after June 30, 2008 2016, education aid for each school
13 district shall include fifteen seventeen thousand dollars ($15,000) ($17,000) for each bed certified
14 by the Department
of Children, Youth and
Families by the
preceding December 31.
15 Notwithstanding the provisions of this section or any law to the contrary, the education aid for all
16 group
home or other
residential
facility "beds" located or
associated
with the
Children's
17 Residential and Family Treatment (CRAFT) program located on the East Providence campus of
18 Bradley Hospital shall be twenty-two thousand dollars ($22,000) twenty-six thousand dollars
19 ($26,000) per bed. For all fiscal years beginning after June 30, 2008, whenever the number of
20 beds certified
by the Department of
Children, Youth
and
Families
for
a
school district
by
21 December
31
is greater
than the
number certified
the prior December
31
upon
which
the
22 education aid
for that fiscal year was appropriated,
the
education aid for that district as enacted by
23 the assembly during the prior legislative session for that fiscal year will be increased by the
24 number of increased beds multiplied by the amount per bed authorized for that fiscal year. The
25 Department of Elementary and Secondary Education shall include the additional aid in equal
26 payments in March, April, May and June, and the Governor's budget recommendations pursuant
27 to § 35-3-8
shall include
the
amounts required to provide the increased aid.
28 (c) Children placed by DCYF in a residential treatment program, group home, or other
29 residential facility, whether or not located in the state of Rhode Island, which includes the
30 delivery of educational services, provided by that facility (excluding facilities where students are
31 taught on grounds for periods of time by teaching staff provided by the school district in which
32 the facility is located), shall have the cost of their education paid for as provided for in subsection
33 (d) of this section and § 16-64-1.2. The city or town determined to be responsible to DYCF for a
34 per-pupil
special
education
cost pursuant
to § 16-64-1.2
shall pay its share of the
cost of
1 educational services to
DCYF or to the facility providing educational services.
2 (d) Children placed
by
DCYF in
group
homes,
child
caring facilities, community
3 residences, or other residential facilities shall have the entire cost of their education paid for by
4 DCYF if:
5 (1) The facility
is
operated by the state of Rhode Island or the
facility has a
contract with
6 DCYF to fund a pre-determined
number of placements or part of the facility's program;
7 (2) The
facility is state-licensed; and
8 (3) The facility operates an approved on-grounds educational program, whether or not
9 the child
attends the on-grounds program.
10 SECTION 7. Title 16 of the General Laws entitled "EDUCATION"
is hereby amended
11 by adding thereto the following chapter:
12 CHAPTER 3.2
13 SCHOOL AND FAMILY EMPOWERMENT ACT
14 16-3.2-1. Declaration of policy. – As part of the effort to transform education in Rhode
15 Island, the general assembly is committed to developing and supporting strategies that foster
16 cultures of excellence, innovation, and continuous improvement in Rhode Island schools. The
17 general assembly
believes
that
all
district
schools benefit from effective
leadership, strong
18 labor/management collaboration, strong community support and engagement, and the autonomy
19 and flexibility to continuously improve instruction and implement and adopt strategies that meet
20 the needs of their students. The general assembly therefore in this act establishes empowerment
21 schools, which shall remain within a public school district, under the district leadership of the
22 superintendent and school committee, but which shall be managed collaboratively on site by the
23 principal and the faculty, as an additional opportunity for supporting more high performing and
24 innovative schools within the Rhode Island system of public education. A school that volunteers
25 to be an empowerment school, as defined in this chapter, shall have unprecedented levels of
26 regulatory and statutory flexibility; school-based autonomy, including autonomy over budget;
27 flexibility in school-based instructional policies and professional practices defined through shared
28 leadership; and be uniquely positioned to create compelling learning environments responsive to
29 increased student and parent/family empowerment. Similarly, in this act, the general assembly
30 establishes the
affirmative right
for students
and
their parents/families
to enroll in
an
31 empowerment school that is different than their assigned school based on residence, in order to
32 seek innovative instructional policies and practices that best match their learning needs, so long
33 as the empowerment school has elected, as part of its empowerment plan, to accept students from
34 other schools
within the
student's district of residence.
1 16-3.2-2. The empowerment school. –
(a) The following entities may be designated as
2 an empowerment school: a school in a public school district, a school within a school in a public
3 school district, a career and technical education program within a public school district, a state
4 school.
5 (b) Except as otherwise provided in this chapter, all statutes, regulations, and collective
6 bargaining agreement terms and
conditions
shall apply to
empowerment schools.
7 (c) Notwithstanding §§16-2-9 and 16-2-11, the principal and
professional
staff
of a
8 empowerment
school,
acting
in concert
as a school
leadership team,
shall make
decisions
9 regarding
the school's policies
and
practices, including,
but
not
limited
to, curriculum,
10 instructional practices, policies and procedures, calendar and schedule, allocation of resources,
11 staffing and professional development, consistent
with
the district collective
bargaining
12 agreement and school-based amendments as defined in §16-3.2-4(f). Leadership teams shall
13 determine methods to document and communicate the latest decisions that emerge through the
14 leadership team process. Noncertified staff, parents, students and community members may also
15 be members of the school leadership team at the school's discretion. The principal shall have final
16 authority in all instructional, personnel, managerial, and operational matters, except for those
17 matters expressly delegated to the school leadership team through the participatory leadership
18 process, consistent with the district collective bargaining agreement
and school-based
19 amendments
as
defined in §16-3.2-4(f).
20 (d) Students from the
district in
which the empowerment school is located
shall be funded
21 either pursuant to §§16-3.2-7 and 16-7.2-5 or, based on mutual written agreement between the
22 superintendent and the principal of the empowerment school, in accordance with an alternative
23 agreement with the school district.
24 (e) Teachers and other staff who work in empowerment schools shall maintain their full
25 status as members of their respective bargaining unit and as employees of the district and service
26 in an empowerment school shall not be deemed to be an interruption of service in the school
27 district for purposes of seniority and teachers' retirement.
28 (f) Although existing collective bargaining agreements shall apply to an empowerment
29 school, empowerment schools shall be eligible to amend the existing district-wide collective
30 bargaining agreement
through
an
expedited
and
timely
process,
subject to
approval
of
the
31 superintendent, district union membership, and school committee. School-based amendments to
32 the district-wide collective bargaining agreement shall be non-precedent setting for future district
33 bargaining or contract administration. In all instances, final approval or non-approval by all
34 parties of school-based amendments to the district-wide collective bargaining agreement shall be
1 made within ninety (90) days of submission
of such request.
2 16-3.2-3. Procedure for creation of an empowerment school. –
(a) The commissioner
3 of elementary and secondary education shall develop a process for a public school, with the
4 approval of its superintendent and school committee, to be designated as an empowerment school
5 with the duties, responsibilities and autonomies set forth in this chapter. Said process shall also
6 address the manner in which a school and its school committee can convert an empowerment
7 school back to a traditional public school. No existing public school shall be converted into an
8 empowerment school or back
to a traditional public
school unless two-thirds (2/3) of the full-time
9 professional staff currently assigned to the eligible entity described in §16-3.2-4 approve the
10 proposal. The empowerment school application process and timeline shall be determined by the
11 commissioner and
include
information including, but not
limited to,
the vision
for
the
12 empowerment
school;
the
means it
will
use to
improve
school performance
and
student
13 achievement; performance criteria that will be used to measure student learning at least sufficient
14 to participate in the state accountability plan; a plan for the governance, administration, and
15 operation of the empowerment school; whether the school will be funded via §§16-3.2-7 and 16-
16 7.2-5 or through an alternative written agreement between the superintendent and the principal of
17 the empowerment school; and the state statutes, state regulations, contract provisions, and school
18 district rules from which variances or waivers are sought in order to facilitate operation of the
19 empowerment school. The application shall include a description of the authority of the principal
20 and how employment decisions of the principal would impact the teacher and staff assignment
21 process within a school district.
22 In order to facilitate statewide innovation, approved empowerment school plans shall be
23 posted publicly.
24 (b) Upon
deeming an application
to be satisfactory,
the superintendent
and
school
25 committee shall transmit its approval of the designation to the commissioner of elementary and
26 secondary education, who shall then register the school as an empowerment school subject to the
27 duties, responsibilities, and autonomies of this
chapter.
28 Nothing in
this chapter
shall
require
an
empowerment
school to
include
all
of
the
29 provisions of this chapter in its locally approved plan. In other words, empowerment plans may
30 include only a
locally-determined
subset of the
provisions made
possible by this
chapter.
31 Nothing in this chapter shall prevent the creation of school-based amendment to the
32 district collective bargaining agreement, as defined in §16-3.2-4 (f), to incorporate all or part of
33 the empowerment plan into the local collective
bargaining agreement.
34 (c) If the designation of an empowerment school is approved by the superintendent and
1 school committee, it shall be authorized to operate for a period of up to three (3) years. The
2 empowerment school plan may be modified as necessary during its period of authorization and
3 may be renewed for increments
up to
three (3) years utilizing the
same
process outlined
herein for
4 initial designation and registration.
5 (d) Upon registration of the empowerment school designation by the commissioner of
6 elementary and secondary education, the commissioner shall be deemed to have authorized all
7 necessary variances
from statutes and
regulations
enumerated in
the
application.
8 16-3.2-4. Empowerment school principal. –
(a) Principals of empowerment schools
9 shall be the
educational leaders
and
administrators
of their schools
and shall supervise the
10 operation and management of their schools and school property. It shall be the responsibility of
11 the principal
to promote participatory decision-making
among all
professional
staff for the
12 purposes of developing
educational policy
and practices. The term professional staff shall include
13 all teachers, administrators, instructional leaders, specialists, and related service providers who
14 are certified by the state as education professionals. Principals employed under this section shall
15 be responsible for recommending the hiring and assigning all teachers and other professional
16 staff, athletic coaches, instructional or administrative aides and any other personnel assigned to
17 the school and for terminating all such personnel, subject to this chapter and the review and
18 approval of the
superintendent. Any
assignment to
an
empowerment
school
of a teacher
19 previously employed in another school in the district including, but not limited to, voluntary
20 transfer, involuntary transfer, reduction in force, and recall, shall be subject to the approval of the
21 principal, consistent
with
the district collective bargaining
agreement and school-based
22 amendments
as
defined in §16-3.2-4(f).
23 (b) The
principal of the
empowerment
school shall serve
at
the pleasure of the
24 superintendent with the advice
and consent of the school committee through
a written
contract not
25 to exceed three (3) years.
26 16-3.2-5. Budgets and funding. – (a) All services centrally or otherwise provided by the
27 school district in which the empowerment school is located which the empowerment school
28 decides to utilize including, but not limited to, financial services, transportation, food services,
29 custodial services, maintenance, curriculum, professional development, media services, libraries,
30 nursing, and warehousing, shall be subject to negotiation between the empowerment school and
31 the school district in which the
empowerment school is located
and paid for out of the revenues of
32 the empowerment school.
33 Nothing in this chapter shall prevent empowerment schools from electing to receive the
34 same district services as
it
did prior to the empowerment school designation.
1 (b) An empowerment school shall be eligible to receive other aids, grants, Medicaid
2 revenue, and other revenue according to Rhode Island law, as though it were a school district.
3 Federal aid received by the state shall be used to benefit students in the empowerment school, if
4 the school qualifies for the aid,
as though it were a
school district.
5 (c) An empowerment school may negotiate and contract directly with third parties for the
6 purchase goods and services,
consistent with applicable
law.
7 16-3.2-6.
Review
of empowerment schools.
–
Each empowerment
school
shall
be
8 reviewed by the department of elementary and secondary education on a schedule determined by
9 the commissioner. Based on an evaluation of the empowerment school's plan, its impact on
10 student achievement, or its impact on the
health and welfare
of its students
or staff,
the
11 commissioner may, in extreme circumstances and at any time during the empowerment school's
12 authorized period of operation, recommend to the council on elementary
and secondary
education
13 that the empowerment school's
designation
and
registration,
and/or its open
enrollment
14 designation, be revoked. Prior to recommending to the council that a empowerment school's
15 designation and
registration be revoked, the commissioner shall provide
the school,
16 superintendent, and school committee with specific notice of the reasons for revocation and grant
17 the school and school committee an opportunity to be heard in accordance with the process set
18 forth in
chapter 39 of this
title.
19 16-3.2-7. Portions of title 16 applicable to empowerment schools. –
In addition to
20 federal
law and this
chapter, the following
provisions of this
title shall be binding on
21 empowerment
schools.
Accordingly, school committees may
not
endorse,
nor
may the
22 commissioner approve
any
request for
waiver of
the following provisions pursuant
to this
23 chapter:
24 (1) Section 16-2-2
(minimum length
of school year);
25 (2) Section 16-2-17
(right to
a safe school);
26 (3) Section 16-8-10
(federal funds for school lunch);
27 (4) Section 16-12-3
(duty to
cultivate
principles of morality);
28 (5) Section 16-12-10
(immunity for report of suspected substance
abuse);
29 (6) Sections
16-13-2,
16-13-3 (teachers' tenure)
30 (7) Section 16-16-2
(teachers' retirement);
31 (8) Section 16-19-1
(compulsory attendance);
32 (9) Section 16-20-1
(school holidays
enumerated);
33 (10) Sections
16-21-3
and 16-21-4 (fire
safety);
34 (11) Sections 16-21-10, 16-21-14, and 16-21-16 (health
screenings);
1 (12) Section 16-22-9
(uniform testing);
2 (13) Section 16-24-2
(regulations of state board pertaining to
children
with disabilities);
3 (14) Section 16-38-1
(discrimination
because of race or age);
4 (15) Section 16-38-1.1
(discrimination because of sex);
5 (16) Section 16-38-2
(immunizations);
6 (17) Section 16-38-4
(exclusive clubs);
7 (18) Section 16-38-6
(commercial activities prohibited);
8 (19) Section 16-38-9
(misconduct of school officers);
9 (20) Section 16-38-10
(power of officials to
visit schools);
10 (21) Section 16-39-1
(appeal of matters
of
dispute to commissioner);
11 (22) Section 16-39-2
(appeal of school committee actions to commissioner);
12 (23) Section 16-39-3
(appeal to
state board);
13 (24) Section 16-39-3.1
(enforcement of final decision);
14 (25) Section 16-39-3.2 (interim protective
orders);
15 (26) Section 16-39-8
(subpoena
power of commissioner);
16 (27) Section 16-40-16
(student records);
17 (28) Section 16-71-1
(Educational Record Bill of Rights Act);
18 (29) Section 16-21-21.1
(Penalties for drug, alcohol or weapons offenses);
19 (30) Chapter 21.5 of title 16
(Student interrogations).
20 Although waivers for §16-11-1 (teacher certification) are permissible, consistent with the
21 locally approved
plan, teachers in
an
empowerment school must
hold at
least one teacher
22 certification, which may be different than the certification associated with their assignment,
23 unless such teacher is assigned to teach in a shortage area, whereby the teacher shall be provided
24 with school-based support and work toward a certification to be awarded within five years of the
25 date of assignment at the empowerment school.
26 16-3.2-8. Appropriation. –
The general assembly may annually appropriate funds to
27 support empowerment schools. This
appropriation shall be managed by the department
of
28 elementary and
secondary education.
29 16-3.2-9. Regulations. – The department of elementary and secondary education shall
30 promulgate such regulations as
are
necessary to implement fully the purposes of this chapter.
31 SECTION
8.
Section
16-95-4
of
the General Laws
in Chapter 16-95 entitled
"The
32 Recovery High Schools Act [See Title 16 Chapter 97 - The Rhode Island Board of Education
33 Act]" is
hereby amended
to
read as follows:
1 student or students who are currently or were last enrolled in said district and who are
considered
2 by the sending district to be both clinically and academically appropriate for referral diagnosed
3 with substance use disorder or dependency, as defined by the diagnostic and statistical manual of
4 mental disorders IV-TR may be referred to a Rhode Island recovery high school
may be referred
5 by a clinician licensed pursuant to chapter 35 of title 42 for voluntary enrollment in such school.
6 If said student is admitted to said school, the sending school district shall ensure that payment
7 pursuant to subsection (b) herein for students who attend the recovery high school is paid, and
8 further, that upon completion of all other graduation requirements, said student or students shall
9 receive
a diploma.
10 (b) A sending school district shall transfer the
per pupil allotment it receives core
11 instructional amount pursuant to chapter 16-7.2 ("The Education Equity and Property Tax Relief
12 Act")
to a recovery high school for any student attending the recovery high school and meeting
13 the following criteria: (1) The student is currently enrolled in the district or currently resides in
14 the municipality in which the district is located; (2) The student is considered by a clinician
15 licensed pursuant to 42-35, to be clinically appropriate, using the criteria for substance use
16 disorders as defined in the diagnostic and statistical manual of mental disorders IV-TR; and (3)
17 The student meets all matriculation criteria as outlined by the sending district and the department
18 of elementary and secondary education, with determination of academic eligibility based on
19 existing documentation provided by the district. The district and the recovery high school shall
20 arrange to confer a diploma when a student completes state and district-mandated graduation
21 requirements.
The local share of education funding shall be paid to the recovery high school in
22 the same manner as the local share of education funding is paid to charter public schools, the
23 William M. Davies, Jr. Career and Technical High School, and the Metropolitan Regional Career
24 and Technical Center, as outlined in § 16-7.2-5.
25 (c) For FY 2017, the state shall appropriate no less than five hundred thousand dollars
26 ($500,000) for the administration and
programmatic costs of each recovery high school.
27 (c)(d) A recovery high school shall submit to the board of regents council on elementary
28 and secondary education academic data considered necessary
by the board to provide information
29 regarding each student's academic performance, subject to applicable health confidentiality laws
30 and regulations.
31 (d)(e) The board of regents council on elementary and secondary
education, in
32 consultation with the department of behavioral health, developmental disabilities and hospitals
33 shall promulgate rules and regulations as necessary to implement and carry out the intent of this
34 chapter.
1 SECTION 9. This article shall take
effect upon passage.
2
1 ARTICLE 12
=======
art.012/2/024/1
=======
2 RELATING TO BUDGET AND ACCOUNTS
3 SECTION 1. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Board of
4 Governors for Higher Education [See
Title 16 Chapter 97 - The Rhode Island Board of Education
5 Act]" is hereby amended
to
read as follows:
6 16-59-9. Educational budget and appropriations. -- (a) The general assembly shall
7 annually
appropriate any sums
it deems
necessary for
support
and maintenance of higher
8 education in the state and the state controller is authorized and directed to draw his or her orders
9 upon the general treasurer for the payment of the appropriations or so much of the sums that are
10 necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the
11 council on postsecondary education may by rule provide. The council shall receive, review, and
12 adjust the budget for the office of postsecondary commissioner and present the budget as part of
13 the budget for higher education under the requirements of §
35-3-4.
14 (b) The
office of postsecondary commissioner
and the
institutions
of public higher
15 education shall establish working capital accounts.
16 (c) Any tuition or fee increase schedules in effect for the institutions of public higher
17 education shall be received by the council on postsecondary education for allocation for the fiscal
18 year for which
state
appropriations are made to the council by the
general assembly; provided that
19 no further increases may be made by the board of education or the council on postsecondary
20 education for the year for which appropriations are made. Except that these provisions shall not
21 apply to the revenues of housing, dining, and other auxiliary facilities at the University of Rhode
22 Island, Rhode Island College, and the Community Colleges including student fees as described in
23 P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch.
24 257 as amended.
25 (d) All housing, dining, and other auxiliary facilities at all public institutions of higher
26 learning shall be self-supporting and no funds shall be appropriated by the general assembly to
27 pay operating expenses, including principal and interest on debt services, and overhead expenses
28 for the facilities. Any debt service costs on general obligation bonds presented to the voters in
29 November 2000 and November 2004
or appropriated funds from the Rhode
Island capital plan for
30 the housing auxiliaries at the University of Rhode Island and Rhode Island College shall not be
1 subject to this self-supporting requirement in order to provide funds for the building construction
2 and rehabilitation program. The institutions of public higher education will establish policies and
3 procedures which enhance the opportunity for auxiliary facilities to be self-supporting, including
4 that all faculty provide timely and accurate copies of booklist for required textbooks to the public
5 higher educational institution's
bookstore.
6 (e) The additional costs to achieve self-supporting status shall be by the implementation
7 of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,
8 operating expenses, principal, and
interest on debt services, and overhead expenses.
9 (f) The board of education is authorized to establish a restricted receipt account for the
10 Westerly Higher Education and Industry Center (also known as the Westerly Job Skills Center or
11 Westerly Higher Education Learning Center) and to collect lease payments from occupying
12 companies, and fees from room and service rentals, to support the operation and maintenance of
13 the facility.
All such
revenues shall be deposited to
the restricted receipt account.
14 SECTION 2. Section 35-3-4 of the General Laws in Chapter 35-3 entitled "State
Budget"
15 is hereby amended to read as follows:
16 35-3-4. Estimates submitted by department heads. -- (a) On dates determined by the
17 budget officer, but not later than the first day of October in each year, each head of a department
18 of the state government, not including the general assembly or the judiciary, shall assemble,
19 correlate, and revise, with power to increase or decrease, the estimates for expenditures and
20 requests for appropriations for the next ensuing fiscal year of each of the divisions, boards,
21 commissions, officers, bureaus,
institutions, or agencies of the state included within his or her
22 department,
and,
after this
revision, shall prepare
an
itemized
departmental estimate
of
the
23 appropriations necessary to meet the financial needs of the department, including a statement in
24 detail of all moneys for which any general or special appropriation is desired at the ensuing
25 session of the general assembly. The estimate shall be in such form, and in such number of
26 copies, and with such explanation as the budget officer may require, and, on dates determined by
27 the budget officer, but not later than the first day of October in each year, shall be submitted to
28 the governor through the budget officer
and to the fiscal advisors of the house and senate. The
29 budget officer shall provide copies to
the
house fiscal advisor and
senate fiscal advisor.
30 (b) The estimates
shall
also include a supplemental
presentation of
estimates of
31 expenditures for
information
resources and information technologies as
defined
in §
29-8-2
32 [repealed] regardless of source of financing. The estimate shall include a detailed listing and
33 explanation of expenses and the source of funds and shall be in such form, and in such number of
1 directly to the house fiscal advisor, the senate fiscal advisor, and the Rhode Island Information
2 Resources Management Board.
3 SECTION 3. Section 35-4-27 of the
General Laws
in Chapter 35-4 entitled
“State Funds”
4 is hereby amended to read as follows:
5 35-4-27. Indirect
cost
recoveries on restricted receipt
accounts.
-- Indirect cost
6 recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt
7 accounts, to be recorded as general revenues in the general fund. However, there shall be no
8 transfer from cash receipts with restrictions received exclusively: (1) From contributions from
9 non-profit charitable organizations; (2) From the assessment of indirect cost recovery rates on
10 federal
grant
funds;
or (3)
Through
transfers
from
state
agencies
to the
department of
11 administration for the payment of debt service. These indirect cost recoveries shall be applied to
12 all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The
13 following restricted receipt accounts shall not be subject to the provisions of this
section:
14 Executive Office of Health and
Human Services
15 Organ Transplant Fund
16 HIV Care Grant Drug Rebates
17 Department of Human
Services
18 Veterans' home –
Restricted account
19 Veterans' home –
Resident benefits
20 Pharmaceutical Rebates Account
21 Demand
Side Management Grants
22 Veteran's Cemetery Memorial Fund
23 Donations – New
Veterans' Home Construction
24 Department of Health
25 Providence Water Lead
Grant
26 Pandemic
medications and equipment account
27 Miscellaneous Donations/Grants from Non-Profits
28 State
Loan Repayment Match
29 Department of Behavioral Healthcare, Developmental Disabilities and
Hospitals
30 Eleanor Slater non-Medicaid
third-party payor account
31 Hospital Medicare Part D Receipts
32 RICLAS
Group
Home
Operations
33 Commission on the
Deaf
and Hard of Hearing
1 Department of Environmental Management
2 National heritage
revolving fund
3 Environmental response
fund
II
4 Underground storage tanks
registration fees
5 Rhode Island Historical Preservation
and Heritage
Commission
6 Historic
preservation revolving loan
fund
7 Historic
Preservation loan fund – Interest revenue
8 Department of Public Safety
9 Forfeited
property – Retained
10 Forfeitures – Federal
11 Forfeited
property – Gambling
12 Donation – Polygraph
and Law Enforcement Training
13 Rhode Island State Firefighter's
League Training Account
14 Fire Academy Training Fees Account
15 Attorney General
16 Forfeiture of property
17 Federal forfeitures
18 Attorney General multi-state
account
19 Forfeited
property – Gambling
20 Department of Administration
21 RI Health
Benefits Exchange
22 Office of Management and Budget
23 Information Technology Investment Fund
24 Restore
and replacement – Insurance
coverage
25 Convention Center Authority rental payments
26 Investment Receipts – TANS
27 Car Rental Tax/Surcharge-Warwick Share
28 Housing Resources
Commission Restricted Account
29 Department of Revenue
30 DMV Modernization Project
31 Jobs Tax Credit Redemption Fund
32 Legislature
33 Audit of federal assisted programs
34 Department of Children, Youth and
Families
1 Children's Trust Accounts – SSI
2 Military Staff
3 RI Military Family Relief Fund
4 RI National Guard Counterdrug Program
5 Treasury
6 Admin. Expenses – State Retirement System
7 Retirement – Treasury Investment Options
8 Defined Contribution – Administration - RR
9 Violent Crimes Compensation –
Refunds
10 Treasury Research Fellowship
11 Business Regulation
12 Banking Division Reimbursement Account
13 Office of the Health Insurance Commissioner Reimbursement Account
14 Securities Division Reimbursement Account
15 Commercial Licensing and Racing and
Athletics Division Reimbursement Account
16 Insurance
Division
Reimbursement Account
17 Historic
Preservation Tax Credit Account.
18 Judiciary
19 Arbitration
Fund Restricted Receipt Account
20 Third-Party Grants
21 RI Judiciary Technology Surcharge
Account
22 Department of Elementary and
Secondary Education
23 Statewide Student Transportation
Services Account
24 School for the Deaf Fee for Service Account
25 Davies Career and Technical School Local Education Aid
Account
26 Davies –
National School Breakfast & Lunch Program
27 Office of the Post-Secondary Commissioner
28 Westerly Higher Education and Industry Center
29 Department of Labor and Training
30 Job
Development Fund
31 Department of Transportation
32 Rhode Island Highway Maintenance Account
33 SECTION
4. This article shall take
effect as of July 1, 2016.
1 ARTICLE 13
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art.013/5/013/4/013/3/013/2
=======
2 RELATING TO TAXES AND REVENUES
3 SECTION 1. Section 3-6-1 of the General Laws in Chapter 3-6 entitled "Manufacturing
4 and Wholesale Licenses" is hereby amended
to read as follows:
5 3-6-1. Manufacturer's license. -- (a) A manufacturer's license authorizes the holder to
6 establish and operate a brewery, distillery, or winery at the place described in the license for the
7 manufacture of beverages within this state. The license does not authorize more than one of the
8 activities of operator of a brewery or distillery or winery and a separate license shall be required
9 for each plant.
10 (b) The license
also
authorizes the
sale
at wholesale at the
licensed place
by
the
11 manufacturer of the product of the licensed plant to another license holder and the transportation
12 and delivery from the place of sale to a licensed place or to a common carrier for that delivery.
13 The license does not authorize the sale of beverages for consumption on premises where sold.
14 The license does not authorize the sale of beverages in this state for delivery outside this state in
15 violation of the law of the place of delivery. The license holder may provide to visitors in
16 conjunction with a tour and/or tasting, samples, clearly marked as samples, not to exceed three
17 hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces
18 (72 oz) per visitor for malt beverages at the licensed plant by the manufacturer of the product of
19 the licensed
plant to
visitors
for
off-premise consumption.
The license
does
not
authorize
20 providing samples to a visitor of any alcoholic beverages for off-premise consumption that are
21 not manufactured at the licensed
plant.
22 (c) The annual fee for the license is three thousand dollars ($3,000) for a distillery
23 producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) for
24 a distillery producing less than fifty thousand (50,000) gallons per year, five hundred dollars
25 ($500) for a brewery, and one thousand five hundred dollars ($1,500) for a winery producing
26 more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per year for a
27 winery producing
less than fifty thousand (50,000) gallons per year. All those fees
are
prorated to
28 the year ending December 1 in every calendar year and shall be paid to the division of taxation
29 and be turned over to the
general treasurer for the use of the state.
30 SECTION 2. Section 3-10-1 of the General Laws in Chapter 3-10 entitled "Taxation of
1 Beverages" is hereby amended to read as follows:
2 3-10-1. Manufacturing tax rates -- Exemption of religious uses. -- (a) There shall be
3 assessed and levied by the tax administrator on all beverages manufactured, rectified, blended, or
4 reduced for sale in this state a tax of three dollars and thirty
cents
($3.30) on every
thirty-one (31)
5 gallons, and a tax at a like rate for any other quantity or fractional part. On any beverage
6 manufactured, rectified, blended, or reduced for sale in this state consisting in whole or in part of
7 wine, whiskey, rum, gin, brandy spirits, ethyl alcohol, or other strong liquors (as distinguished
8 from beer or other brewery products),
the
tax to be assessed and levied is
as follows:
9 (1) Still wines
(whether fortified
or not),
one dollar and forty cents
($1.40) per gallon;
10 (2) Still wines (whether fortified or not) made entirely from fruit grown in this state,
11 thirty cents ($.30) per gallon;
12 (3) Sparkling wines (whether fortified or not), seventy five
cents ($.75) per gallon;
13 (4) Whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in whole
14 or in part of alcohol that is the product of distillation, five dollars and forty cents ($5.40) per
15 gallon, except that whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in
16 whole or in part of alcohol that is the product of distillation but that contains alcohol measuring
17 thirty (30) proof or less, one
dollar and ten cents ($1.10) per gallon;
18 (5) Ethyl alcohol to be used for beverage purposes, seven dollars and fifty cents ($7.50)
19 per gallon; and
20 (6) Ethyl alcohol to be used for nonbeverage
purposes,
eight cents
($.08) per gallon.
21 (b) Sacramental wines are not subject to any tax if sold directly to a member of the
22 clergy for use by the purchaser or his or her congregation for sacramental or other religious
23 purposes.
24 (c) A brewer who brews beer in this state that is actively and directly owned, managed,
25 and operated by an authorized legal entity that has owned, managed, and operated a brewery in
26 this state for at least twelve (12) consecutive months, shall receive a tax exemption on the first
27 one hundred thousand (100,000) barrels of beer that it produces and distributes in this state
in any
28 calendar year.
A barrel of beer is thirty one (31) gallons.
29 (d) A distiller who
distills
spirits in
this
state
that
is actively and
directly owned,
30 managed, and operated by an authorized legal entity that has owned, managed, and operated a
31 distillery in this
state
for
at least twelve (12) consecutive months, shall receive a tax
exemption on
32 the first fifty thousand (50,000) gallons of distilled spirits that it produces and distributes in this
33 state in any calendar year.
34 SECTION 3.
Section 7-12-56 of
the General Laws in Chapter 7-12 entitled
1 "Partnerships" is
hereby amended to
read
as follows:
2 7-12-56. Registered limited liability partnerships. -- (a) To become and to continue as
3 a registered limited liability partnership, a partnership shall file with the secretary of state an
4 application or a renewal application, stating the name of the partnership, the address of its
5 principal office, if the partnership's principal office is not located in this state, the address of a
6 registered office and the
name and address of a registered agent for service of process in this
state
7 which a partnership is required to maintain. In addition, partnerships under this section shall
8 provide the names and addresses of all resident partners, the place where the business records of
9 the partnership are maintained, or if more than one location for business records is maintained,
10 then the principal place of business of the partnership, number, a brief statement of the business
11 in which the partnership engaged, and that the partnership applies for status or renewal of its
12 status, as a registered limited
liability partnership.
13 (b) The application or renewal application is executed by a majority in interest of the
14 partners or by one or more partners
authorized to
execute an
application or renewal application.
15 (c) The application or renewal application is accompanied by a fee of one hundred
16 dollars ($100) one hundred fifty dollars ($150) for each partner, not to exceed two thousand five
17 hundred dollars ($2,500)
for each
partnership's initial filing or subsequent renewal application.
18 Renewal applications are to be filed yearly and are to be accompanied by a fee of fifty
19 dollars ($50.00).
20 (d) The secretary of state shall register as a registered limited liability partnership, and
21 shall renew the registration of any limited liability partnership, any partnership that submits a
22 completed application or renewal application
with the required fee.
23 (e) Registration is effective for one year after the date an application is filed, unless
24 voluntarily withdrawn by filing with the secretary of state a written withdrawal notice executed
25 by a majority in interest of the partners or by one or more partners authorized to execute a
26 withdrawal. Registration, whether pursuant to an original application or a renewal application, as
27 a registered limited liability partnership is renewed if, during the sixty (60) day period preceding
28 the date the application or renewal application otherwise would have expired, the partnership
29 filed with the secretary of state a renewal application. A renewal application expires one year
30 after the date an original application would have expired if the last renewal of the application had
31 not occurred.
32 (f) The status of a partnership as a registered limited liability partnership is not affected
33 by changes after the filing of an application or a renewal application in the information stated in
34 the
application
or
renewal application.
1 (g)
The
secretary
of state may
provide forms
for
application for or
renewal of
2 registration.
Any
renewals shall maintain resident partners as set out in this section.
3 (h) A partnership that registers as a registered limited liability partnership is not deemed
4 to have dissolved as a result of that registration and is for all purposes the same partnership that
5 existed before the registration and continues to be a partnership under the laws of this state. If a
6 registered
limited
liability
partnership
dissolves,
a
partnership
which is
a
successor
to the
7 registered limited liability partnership and which intends to
be a registered limited liability
8 partnership is not required to file a new application and is deemed to have filed any documents
9 required
or permitted under this chapter which were filed
by the
predecessor partnership.
10 (i) The fact that an application or renewal application is on file in the office of the
11 secretary of state is notice that the partnership is a registered limited liability partnership and is
12 notice of all other facts stated in the application
or
renewal application.
13 SECTION 4.
Section 7-12-60 of
the General Laws in Chapter 7-12 entitled
14 "Partnerships" is
hereby amended to
read
as follows:
15 7-12-60. Filing of returns with the tax administrator -- Annual charge. -- (a) For tax
16 years beginning on or
after January 1, 2012 a
limited
liability
partnership
registered under § 7-12-
17 56, shall file
a return in the form and containing the information as
prescribed
by the tax
18 administrator as follows:
19 (1) If the fiscal year of the limited liability partnership is the calendar year, on or before
20 the fifteenth (15th) day of April in the
year following the
close of the
fiscal year; and
21 (2) If the fiscal year of the limited liability partnership is not a calendar year, on or
22 before the fifteenth (15th) day of the fourth (4th) month
following the
close of the fiscal year.
23 (b) For tax years beginning after December 31, 2015, a limited liability partnership
24 registered under §7-12-56, shall file a return in the form and containing the information as
25 prescribed by the tax administrator and shall be filed on or before the date a federal tax return is
26 due to be filed,
without regard to extension.
27 (b)(c) An annual charge, equal to the minimum tax imposed upon a corporation under
28 subsection 44-11-2(e), shall be due on the filing of the limited liability partnership's return filed
29 with the tax administrator and
shall be paid to the
division
of
taxation.
30 (c)(d) The annual charge is delinquent if not paid by the due date for the filing of the
31 return and an addition
of
one hundred dollars
($100) to the
charge is
then due.
32 SECTION 5. Section 7-13-69 of the General Laws in Chapter 7-13 entitled "Limited
33 Partnerships"
is hereby amended to
read
as follows:
34 7-13-69. Filing of returns with the tax administrator -- Annual charge. -- (a) For tax
1 years beginning
on or
after January
1, 2012 a limited partnership certified under this chapter shall
2 file a return in the form and containing the information as prescribed by the tax administrator as
3 follows:
4 (1) If the fiscal year of the limited partnership is the calendar year, on or before the
5 fifteenth (15th) day of April in the year following the close of the fiscal year; and
6 (2) If the fiscal year of the limited partnership is not a calendar year, on or before the
7 fifteenth (15th) day of the fourth (4th) month following the close of the fiscal year.
8 (b) For tax
years
beginning after December 31, 2015, a limited
partnership certified
under
9 this chapter shall file a return in the form and containing the information as prescribed by the tax
10 administrator and
shall be filed on or before
the
date
a federal tax return
is due to be filed,
without
11 regard to extension.
12 (b)(c) An annual charge, equal to the minimum tax imposed upon a corporation under
13 subsection 44-11-2(e), shall be due on the filing of the limited partnership's return filed with the
14 tax administrator and
shall be paid to the division
of
taxation.
15 (c)(d) The annual charge is delinquent if not paid by the due date for the filing of the
16 return and an addition
of
one hundred dollars
($100) to the
charge is
then due.
17 SECTION 6. Section 7-16-67 of the General Laws in Chapter 7-16 entitled "The Rhode
18 Island
Limited Liability Company Act" is hereby amended to read as follows:
19 7-16-67. Filing of returns with the tax
administrator -- Annual charge. --
(a) A return
20 in the form and containing the information as the tax administrator may prescribe shall be filed
21 with the tax administrator by the limited liability company:
22 (1) In case the fiscal year of the limited liability company is the calendar year, on or
23 before the fifteenth day of March in
the
year
following the close of the fiscal year; and
24 (2) In case the fiscal year of the limited liability company is not a calendar year, on or
25 before the fifteenth day of the
third month following the close of the fiscal year.
26 (b) For tax years on or after January 1, 2016, a return in the form and containing the
27 information as the tax administrator may prescribe shall be filed with the tax administrator by the
28 limited liability company and shall be filed on or before the date a federal tax return is due to be
29 filed, without regard to extension.
30 (b)(c) An annual charge shall be due on the filing of the limited liability company's
31 return filed
with the tax administrator and shall be
paid
to
the Division of Taxation as follows:
32 (1) If the limited liability company is treated as a corporation for purposes of federal
33 income
taxation, it shall pay the
taxes as
provided in chapters 11
and 12 of title
44;
or
34 (2) If the limited liability company is not treated as a corporation for purposes of federal
1 income taxation, it shall pay a fee in an amount equal to the minimum tax imposed upon a
2 corporation under § 44-11-2(e). The due date for a limited liability company that is not treated as
3 a corporation
for purposes of federal income taxation shall be
on or before the fifteenth (15th) day
4 of the
fourth
(4th) month following the
close of the fiscal year.
5 (d) For tax years on or after January 1, 2016, a return in the form and containing the
6 information as the tax administrator may prescribe shall be filed with the tax administrator by the
7 limited liability company and shall be filed on or before the date a federal tax return is due to be
8 filed, without regard to extension.
9 (c)(e) The annual charge is delinquent if not paid by the due date for the filing of the
10 return and an addition
of
one hundred dollars
($100.00) to the
charge is
then
due.
11 SECTION
7.
Section 23-17-38.1 of the General Laws
in Chapter
23-17
entitled
12 “Licensing of Health
Care Facilities” is
hereby amended
to
read as follows:
13 23-17-38.1. Hospitals – Licensing fee. -- (a) There is imposed a hospital licensing fee at
14 the rate of five and seven hundred forty five thousandths percent (5.745%) upon the net patient
15 services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,
16 2013, except that the license fee for all hospitals located in Washington County, Rhode Island
17 shall be discounted by
thirty-seven percent (37%). The
discount for Washington County
hospitals
18 is subject to approval by the Secretary of the US Department of Health and Human Services of a
19 state plan amendment submitted by the executive office of health and human services for the
20 purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This
21 licensing fee shall be administered and collected by the tax administrator, division of taxation
22 within the department of revenue, and all the administration, collection and other provisions of
23 chapter 51 of title 44 shall apply.
Every
hospital
shall
pay
the
licensing
fee to
the tax
24 administrator on or before July 13, 2015 and payments shall be made by electronic transfer of
25 monies to the general treasurer and deposited to the general fund. Every hospital shall, on or
26 before June 15, 2015,
make a return to
the
tax
administrator containing the
correct computation
of
27 net patient services revenue for the hospital fiscal year ending September 30, 2013, and the
28 licensing fee due upon that amount. All returns shall be signed by the hospital's authorized
29 representative, subject to the pains
and
penalties of perjury.
30 (b)(a) There is also imposed a hospital licensing fee at the rate of five and eight hundred
31 sixty-two thousandths percent (5.862%) upon the net patient services revenue of every hospital
32 for the
hospital's first fiscal year ending on or after January 1, 2014, except that the license fee for
33 all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven
34 percent (37%). The discount for Washington County hospitals is subject to approval by the
1 Secretary of the US Department of Health and Human Services of a state plan amendment
2 submitted by the executive office of health and human services for the purpose of pursuing a
3 waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be
4 administered and collected by the tax administrator, division of taxation within the department of
5 revenue, and all the administration, collection and other provisions of chapter 51 of title 44 shall
6 apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 11,
7 2016 and payments shall be made by electronic transfer of monies to the general treasurer and
8 deposited to the general fund. Every hospital shall, on or before June 13, 2016, make a return to
9 the tax administrator containing the correct computation of net patient services revenue for the
10 hospital fiscal year ending September 30, 2014, and the licensing fee due upon that amount. All
11 returns
shall
be
signed
by the hospital's
authorized
representative,
subject to
the pains and
12 penalties of perjury.
13 (b) There is also imposed a hospital licensing fee at the rate of five and six hundred fifty-
14 two thousandths percent (5.652%) upon the net patient services revenue of every hospital for the
15 hospital's first fiscal year ending on or after January 1, 2015, except that the license fee for all
16 hospitals
located in
Washington County, Rhode Island shall be discounted by thirty-seven percent
17 (37%). The discount for Washington County hospitals is subject to approval by the Secretary of
18 the US Department of Health and Human Services of a state plan amendment submitted by the
19 executive office of health and human services for the purpose of pursuing a waiver of the
20 uniformity requirement for the hospital license fee. This licensing fee shall be administered and
21 collected by the tax administrator, division of taxation within the department of revenue, and all
22 the administration, collection and other provisions of chapter 51 of title 44 shall apply. Every
23 hospital shall pay the licensing fee to the tax administrator on or before July 10, 2017 and
24 payments shall be made by electronic transfer of monies to the general treasurer and deposited to
25 the general fund. Every hospital shall, on or before June 14, 2017, make a return to the tax
26 administrator containing the correct computation of net patient services revenue for the hospital
27 fiscal year ending September 30, 2015, and the licensing fee due upon that amount. All returns
28 shall be signed by the hospital's authorized representative, subject to the pains and penalties of
29 perjury.
30 (c) For purposes of this section the following words and phrases have the following
31 meanings:
32 (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,
33 licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on
34 that license,
regardless
of
changes in
licensure
status pursuant
to § 23-17.14 (hospital
1 conversions)
and
§23-17-6
(b) (change
in effective
control),
that
provides
short-term acute
2 inpatient and/or outpatient care to persons who require definitive diagnosis and treatment for
3 injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated
4 Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital
5 through receivership, special mastership or other similar state insolvency proceedings (which
6 court-approved purchaser is issued a hospital license after January 1, 2013) shall be based upon
7 the newly negotiated rates between the court-approved purchaser and the health plan, and such
8 rates shall be effective as of the date that the court-approved purchaser and the health plan
9 execute the initial agreement containing the newly negotiated rate. The rate-setting methodology
10 for inpatient hospital
payments and outpatient
hospital
payments set
for
the §§ 40-8-
11 13.4(b)(1)(B)(iii) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases
12 for each annual twelve (12) month period as of July 1 following the completion of the first full
13 year of the
court-approved
purchaser's
initial Medicaid managed
care contract.
14 (2) "Gross patient services revenue" means the gross revenue related to patient care
15 services.
16 (3) "Net patient services revenue" means the charges related to patient care services less
17 (i) charges attributable to
charity care; (ii) bad debt expenses; and (iii) contractual allowances.
18 (d) The
tax
administrator
shall make and promulgate any rules,
regulations, and
19 procedures not inconsistent with state law and fiscal procedures that he or she deems necessary
20 for the proper administration of this section and to carry out the provisions, policy, and purposes
21 of this section.
22 (e) The licensing fee imposed by this section shall apply to hospitals as defined herein
23 that are duly licensed on July
1, 2015 2016, and shall be in addition to the inspection fee imposed
24 by § 23-17-38 and to
any
licensing fees previously imposed in
accordance
with
§ 23-17-38.1.
25 SECTION 8. Section 31-36.1-18 of the General Laws in Chapter 31-36.1 entitled "Fuel
26 Use Reporting Law"
is hereby amended
to
read as follows:
27 31-36.1-18. Disposition of proceeds. -- All money collected under the provisions of this
28 chapter shall be deposited as general revenues applied to the intermodal surface transportation
29 fund as established in §31-36-20 of the
general laws.
30 SECTION 9. Section 44-11-2 of the General Laws in Chapter 44-11 entitled "Business
31 Corporation Tax" is
hereby amended to read as follows:
32 44-11-2. Imposition of tax. [Effective until January 1, 2017.] -- (a) Each corporation
33 shall annually pay to the state a tax equal to nine percent (9%) of net income, as defined in § 44-
34 11-11, qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 -- 44-11-
1 15, for the taxable year. For tax years beginning on or after January 1, 2015, each corporation
2 shall annually pay to the state a tax equal to seven percent (7.0%) of net income, as defined in §
3 44-11-13 - 44-11-15, for the taxable
year.
4 (b) A corporation shall pay the amount of any tax as computed in accordance with
5 subsection (a) of this section after deducting from "net
income," as used in this section, fifty
6 percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if
7 for the taxable year:
8 (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its
9 own behalf and
not
as a broker, underwriter, or distributor;
10 (2) Its gross receipts derived from these activities during the taxable year amounted to at
11 least ninety percent (90%) of its total gross receipts derived from all of its activities during the
12 year. "Gross receipts" means all receipts, whether in
the
form of money, credits, or other valuable
13 consideration, received during the taxable year in connection with the conduct of the taxpayer's
14 activities.
15 (c) A corporation shall not pay the amount of the tax computed on the basis of its net
16 income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten
17 cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of
18 one hundred dollars ($100),
whichever
tax shall be
the
greater, if for
the
taxable
year the
19 corporation
is either a "personal holding company"
registered
under the federal Investment
20 Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real
21 estate investment trust" as defined in the federal income tax law applicable to the taxable year.
22 "Gross income" means gross income as defined in the federal income tax law applicable to the
23 taxable year,
plus:
24 (1) Any interest not included in the federal gross income; minus
25 (2) Interest on obligations of the United States or its possessions, and other interest
26 exempt from taxation by this state; and minus
27 (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during
28 the taxable year.
29 (d) (1) A small business corporation having an election in effect under subchapter S, 26
30 U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except
31 that the
corporation shall be subject to the
provisions
of
subsection (a), to the extent of the income
32 that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after
33 January 1, 2015, a small business corporation having an election in effect under subchapter S, 26
34 U.S.C. § 1261 et seq., shall be subject to the minimum tax
under § 44-11-2(e).
1 (2) The shareholders of the corporation who are residents of Rhode Island shall include
2 in their income their proportionate share
of
the corporation's federal taxable income.
3 (3) [Deleted
by P.L. 2004, ch. 595. art. 29, §
1.]
4 (4) [Deleted by P.L. 2004,
ch. 595, art.
29, § 1.]
5 (e) Minimum tax. - The
tax imposed
upon any corporation under this section,
including
a
6 small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et
7 seq., shall not be less than four hundred fifty dollars ($450).
8 44-11-2. Imposition of tax. [Effective January 1, 2017.] -- (a) Each corporation shall
9 annually
pay to the state a
tax
equal to nine percent (9%) of net income, as defined in § 44-11-11,
10 qualified in § 44-11-12, and apportioned to this state as provided in §§ 44-11-13 -- 44-11-15, for
11 the taxable year. For tax years beginning on or after January 1, 2015, each corporation shall
12 annually
pay to the state a
tax
equal to seven percent (7.0%) of net income, as defined in § 44-11-
13 13 - 44-11-15, for the taxable
year.
14 (b) A corporation shall pay the amount of any tax as computed in accordance with
15 subsection (a) of this section after deducting from "net
income," as used in this section, fifty
16 percent (50%) of the excess of capital gains over capital losses realized during
the
taxable year, if
17 for the taxable year:
18 (1) The corporation is engaged in buying, selling, dealing in, or holding securities on its
19 own behalf and
not
as a broker, underwriter, or distributor;
20 (2) Its gross receipts derived from these activities during the taxable year amounted to at
21 least ninety percent (90%) of its total gross receipts derived from all of its activities during the
22 year. "Gross receipts" means all receipts, whether in
the
form of money, credits,
or other valuable
23 consideration, received during the taxable year in connection with the conduct of the taxpayer's
24 activities.
25 (c) A corporation shall not pay the amount of the tax computed on the basis of its net
26 income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten
27 cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of
28 one hundred dollars ($100),
whichever
tax shall be
the
greater, if for the taxable year
the
29 corporation
is either a "personal holding company"
registered
under the federal Investment
30 Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real
31 estate investment trust" as defined in the federal income tax law applicable to the taxable year.
32 "Gross income" means gross income as defined in the federal income tax law applicable to the
33 taxable
year, plus:
1 (2) Interest on obligations of the United States or its possessions, and other interest
2 exempt from taxation by this state; and minus
3 (3) Fifty percent (50%) of the excess of capital gains over capital losses realized during
4 the taxable year.
5 (d) (1) A small business corporation having an election in effect under subchapter S, 26
6 U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except
7 that the
corporation shall be subject to the
provisions
of
subsection (a), to the extent of the income
8 that is subjected to federal tax under subchapter S. Effective for tax years beginning on or after
9 January 1, 2015, a small business corporation having an election in effect under subchapter S, 26
10 U.S.C.
§ 1261 et seq., shall be
subject to
the
minimum tax under § 44-11-2(e).
11 (2) The shareholders of the corporation who are residents of Rhode Island shall include
12 in their income their proportionate share
of
the corporation's federal taxable income.
13 (3) [Deleted
by P.L. 2004, ch. 595.
art. 29, § 1.]
14 (4) [Deleted
by P.L. 2004, ch. 595, art. 29, §
1.]
15 (e) Minimum tax. - The
tax imposed
upon any corporation under this section,
including
a
16 small business corporation having an election in effect under subchapter S, 26 U.S.C. § 1361 et
17 seq., shall not be less than four hundred fifty dollars ($450) four hundred
dollars
($400).
18 SECTION 10. Section 44-11-3 of the General Laws in Chapter 44-11 entitled "Business
19 Corporation Tax" is
hereby amended to read as follows:
20 44-11-3. Filing of returns -- Due date. – (a) For tax years beginning before January 1,
21 2016, a A return in the form and containing the information that the tax administrator may
22 prescribe
shall be
filed with the tax administrator by the taxpayer:
23 (1) In case the taxable year of the taxpayer is
the calendar year, on or before March 15
in
24 the year following the
close of the
taxable year; and
25 (2) In case the taxable year of the taxpayer is a fiscal year, on or before the fifteenth
26 (15th) day of the third (3rd) month
following the close of the
fiscal year.
27 (b) For tax years beginning after December 31, 2015, a return in the form and containing
28 the information as the tax administrator may prescribe shall be filed with the tax administrator by
29 the taxpayer taxed as an S corporation and shall be filed on or before the date a federal tax return
30 is due to be
filed,
without regard
to
extension.
31 (c) For tax years beginning after December 31, 2015 a return in the form and containing
32 the information that the tax administrator may prescribe shall be filed with the tax administrator
33 by the taxpayer taxed
as a C corporation
and shall be filed on or before the date a federal return is
1 (d) Notwithstanding the
provisions
of subsection
(a) and
(b)
of
this
section, a C
2 corporation with a tax
year ending June 30 shall, in
accordance with federal tax
filing
3 requirements,
not change its filing date
until mandated by federal law which is
currently due
to be
4 effective close of fiscal year ending June 30,
2026.
5 SECTION 11. Section 44-13-6 of the General Laws in Chapter 44-13 entitled "Public
6 Service Corporation Tax"
is hereby amended
to
read as follows:
7 44-13-6. Due date of annual return. -- Every corporation shall file a return with the tax
8 administrator on or before March 1 of each year. For tax years beginning after December 31,
9 2015, a return in the form and containing the information as the tax administrator may prescribe
10 shall be filed with the tax administrator by every corporation and shall be filed on or before the
11 date its
federal tax
return is due to be filed, without regard to
extension.
12 SECTION 12. Section 44-14-6 of the General Laws in Chapter 44-14 entitled "Taxation
13 of Banks"
is hereby amended
to
read as follows:
14 44-14-6. Filing of annual return. –
(a) Every taxpayer shall file a return with the tax
15 administrator:
16 (1) In case the taxable year of the taxpayer is
the calendar year, on or before March 15
in
17 the year following the close of the taxable
year; and
18 (2) In case the taxable year of the taxpayer is a fiscal year, on or before the fifteenth
19 (15th) day of the third (3rd) month
following the close of the
fiscal year.
20 (b) For tax years beginning after December 31, 2015 a return in the form and containing
21 the information that the tax administrator may prescribe shall be filed with the tax administrator
22 by the taxpayer on or before the date a federal return is due to be filed, without regard to
23 extension.
24 SECTION 13. Section 44-17-1 of the General Laws in Chapter 44-17 entitled "Taxation
25 of Insurance Companies" is hereby amended
to read as follows:
26 44-17-1. Companies required to file -- Payment of tax -- Retaliatory rates. -- Every
27 domestic, foreign, or alien insurance company, mutual association, organization, or other insurer,
28 including any health maintenance organization, as defined in § 27-41-1, any medical malpractice
29 insurance joint underwriters association as defined in § 42-14.1-1, any nonprofit dental service
30 corporation as defined in § 27-20.1-2 and any nonprofit hospital or medical service corporation,
31 as defined
in chapters
27-19
and
27-20,
except
companies
mentioned in
§
44-17-6,
and
32 organizations defined in § 27-25-1, transacting business in this state, shall, on or before
March 1
33 April 15 in each year, file with the tax administrator, in the form that he or she may prescribe, a
34 return under oath or affirmation signed by a duly authorized officer or agent of the company,
1 containing information
that may be deemed necessary for the
determination of the tax imposed
by
2 this chapter, and shall at the same time pay an annual tax to the tax administrator of two percent
3 (2%) of the gross premiums on contracts of insurance, except for ocean marine insurance, as
4 referred to in § 44-17-6, covering property and risks within the state, written during the calendar
5 year ending December 31st next preceding, but in the case of foreign or alien companies, except
6 as provided in § 27-2-17(d) the tax is not less in amount than is imposed by the laws of the state
7 or country under which the companies are organized upon like companies incorporated in this
8 state or upon its
agents, if doing business to the same
extent in the
state or country.
9 SECTION 14. Section 44-18-7.3 of the General Laws in Chapter 44-18 entitled "Sales
10 and Use Taxes - Liability and Computation" is
hereby amended
to read as follows:
11 44-18-7.3. Services defined. -- (a) "Services"
means all activities engaged in for other
12 persons for a fee, retainer, commission, or other monetary charge, which activities involve the
13 performance
of
a service in this
state as distinguished
from selling property.
14 (b) The following
businesses and
services
performed in
this
state, along
with
the
15 applicable 2007 North American Industrial Classification System (NAICS) codes, are included in
16 the definition of services:
17 (1) Taxicab and
limousine services including but not limited to:
18 (i) Taxicab services including taxi dispatchers
(485310); and
19 (ii) Limousine
services (485320).
20 (2) Other road transportation service including but not limited to:
21 (i) Charter bus service (485510); and
22 (ii) "Transportation network companies"
(TNC) defined as an entity that uses a digital
23 network to connect transportation network company riders to transportation network operators
24 who provide prearranged rides. Any TNC operating in this state is a retailer as provided in §44-
25 18-15 and is required to file a business application and registration form and obtain a permit to
26 make sales at retail with the tax administrator, to charge, collect, and remit Rhode Island sales
27 and use tax; and
28 (ii)(iii) All other transit and
ground
passenger transportation
(485999).
29 (3) Pet care services (812910) except veterinary and testing laboratories services.
30 (4) (i) "Room reseller" or "reseller" means any person, except a tour operator as defined
31 in § 42-63.1-2, having
any right, permission, license, or other authority
from
or through a hotel as
32 defined in § 42-63.1-2, to reserve, or arrange the transfer of occupancy of, accommodations the
33 reservation or transfer of which is subject to this chapter, such that the occupant pays all or a
34 portion of the rental and other fees to the room reseller or reseller, room reseller or reseller shall
1 include, but
not be limited
to, sellers
of
travel
packages
as
defined
in this section.
2 Notwithstanding the provisions of any other law, where said reservation or transfer of occupancy
3 is done using a room reseller or reseller, the application of the sales and use under §§ 44-18-18
4 and 44-18-20, and the hotel tax under § 44-18-36.1 shall be as follows: The room reseller or
5 reseller is required to register with and shall collect and pay to the tax administrator the sales and
6 use and hotel taxes, with said taxes being calculated
upon the amount of rental and other fees paid
7 by the occupant to the room reseller or reseller, less the amount of any rental and other fees paid
8 by the room
reseller or reseller
to the hotel. The hotel
shall
collect and pay to
the tax
9 administrator said taxes upon the amount of rental and other fees paid to the hotel by the room
10 reseller or reseller and/or the occupant. No assessment shall be made by the tax administrator
11 against a hotel because of an incorrect remittance of the taxes under this chapter by a room
12 reseller or reseller. No assessment shall be made by the tax administrator against a room reseller
13 or reseller because of an incorrect remittance of the taxes under this chapter by a hotel. If the
14 hotel has paid the taxes imposed under this chapter, the occupant and/or room reseller or reseller,
15 as applicable, shall reimburse the hotel for said taxes. If the room reseller or reseller has paid said
16 taxes, the occupant shall reimburse the room reseller or reseller for said taxes. Each hotel and
17 room reseller or reseller shall add and collect from the occupant or the room reseller or the
18 reseller the full amount of the taxes imposed on the rental and other fees. When added to the
19 rental and other fees, the taxes shall be a debt owed by the occupant
to the hotel or room reseller
20 or reseller, as applicable, and shall be recoverable at law in the same manner as other debts. The
21 amount of the taxes collected by the hotel and/or room reseller or reseller from the occupant
22 under this chapter shall be stated and charged separately from the rental and other fees, and shall
23 be shown separately on all records thereof, whether made at the time the transfer of occupancy
24 occurs, or on any evidence of the transfer issued or used by the hotel or the room reseller or the
25 reseller. A room reseller or reseller shall not be required to disclose to the occupant the amount of
26 tax charged by the hotel; provided, however, the room reseller or reseller shall represent to the
27 occupant that the separately stated taxes charged by the room reseller or reseller include taxes
28 charged by the hotel. No person shall operate a hotel in this state, or act as a room reseller or
29 reseller for any hotel in the state, unless the tax administrator has issued a permit pursuant to §
30 44-19-1.
31 (ii) "Travel package" means a room or rooms bundled with one or more other, separate
32 components of travel such as air transportation, car rental or similar items, which travel package
33 is charged to the customer or occupant for a single retail price. When the room occupancy
is
34 bundled for a
single
consideration, with other property, services, amusement charges,
or any other
1 items, the separate sale of which would not otherwise be subject to tax under this chapter, the
2 entire single consideration shall be treated as the rental or other fees for room occupancy
subject
3 to tax under this chapter; provided, however, that where the amount of the rental or other fees for
4 room occupancy is stated separately from the price of such other property, services, amusement
5 charges, or other items, on any sales slip, invoice, receipt, or other statement given the occupant,
6 and such rental and other fees are determined by the tax administrator to be reasonable in relation
7 to the value of such other property, services, amusement charges or other items, only such
8 separately stated rental and other fees will be subject to tax under this chapter. The value of the
9 transfer of any room or rooms bundled as part of a travel package may be determined by the tax
10 administrator from the room reseller's and/or reseller's and/or hotel's books and records that are
11 kept in the regular course of business.
12 (c) All
services as defined herein are required to
file
a
business
application
and
13 registration form and obtain a permit to make sales at retail with the tax administrator, to charge,
14 collect,
and remit Rhode Island sales and
use
tax.
15 (c)(d) The tax administrator
is authorized to
promulgate
rules
and
regulations
in
16 accordance with the
provisions
of chapter
42-35
to carry out the provisions,
policies, and
17 purposes of this chapter.
18 SECTION 15. Section 44-30-2.6 of General Laws in Chapter 44-30 entitled “Personal
19 Income Tax” is
hereby amended
to read as
follows:
20 44-30-2.6. Rhode Island taxable income -- Rate of tax. -- (a) "Rhode Island taxable
21 income" means
federal taxable income as determined
under the Internal Revenue Code, 26 U.S.C.
22 § 1 et seq., not including the increase in the basic standard deduction amount for married couples
23 filing joint returns as provided in the Jobs and Growth Tax Relief Reconciliation Act of 2003 and
24 the Economic Growth and Tax Relief Reconciliation
Act
of 2001 (EGTRRA), and
as modified by
25 the modifications in
§ 44-30-12.
26 (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning
on
27 or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island
28 taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-
29 five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year
30 2002 and thereafter of the federal income tax rates, including capital gains rates and any other
31 special rates for other types of income, except as provided in § 44-30-2.7, which were in effect
32 immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of
33 2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax administrator
34 beginning in taxable year 2002 and thereafter in the manner prescribed for adjustment by the
1 commissioner of Internal Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or
2 after January
1, 2006, a taxpayer may
elect to use the alternative flat tax rate provided
in § 44-30-
3 2.10 to calculate his or her personal income tax
liability.
4 (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative
5 minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode
6 Island alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by
7 multiplying the federal tentative minimum tax without allowing for the increased exemptions
8 under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal
9 form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%)
10 for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing
11 the product to the Rhode Island tax as computed otherwise under this section.
The excess shall be
12 the taxpayer's Rhode Island alternative
minimum tax.
13 (1) For tax years beginning on or after January 1, 2005 and thereafter the exemption
14 amount for alternative minimum tax, for Rhode Island
purposes, shall be adjusted for inflation by
15 the tax administrator in the manner prescribed for adjustment by the commissioner of Internal
16 Revenue in 26 U.S.C.
§ 1(f).
17 (2) For the period January 1, 2007 through December 31, 2007, and thereafter, Rhode
18 Island taxable income shall be determined by deducting from federal adjusted gross income as
19 defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island
20 itemized
deduction amount and
the
Rhode Island exemption amount as determined in
this section.
21 (A) Tax imposed.
22 (1) There is hereby imposed on the taxable income of married individuals filing joint
23 returns and surviving spouses a tax
determined in
accordance
with
the following table:
24 If taxable income is: The tax
is:
25 Not over $53,150 3.75% of taxable income
26 Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the
excess over $53,150
27 Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the
excess over $128,500
28 Over $195,850 but not over $349,700 $12,487.25
plus 9.00% of the
excess over $195,850
29 Over $349,700 $26,333.75 plus 9.90% of the
excess over $349,700
30 (2) There is hereby imposed on the taxable income of every head of household a tax
31 determined in accordance with the following table:
32 If taxable income is: The tax
is:
33 Not over $42,650 3.75% of taxable income
34 Over $42,650
but
not over $110,100 $1,599.38 plus 7.00% of the
excess over $42,650
1 Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the
excess over $110,100
2 Over $178,350 but not over $349,700 $11,610.25
plus 9.00% of the
excess over $178,350
3 Over $349,700 $27,031.75 plus 9.90% of the
excess over $349,700
4 (3) There is hereby imposed on the taxable income of unmarried individuals (other than
5 surviving spouses and heads of households) a tax determined in accordance with the following
6 table:
7 If taxable income is: The tax
is:
8 Not over $31,850 3.75% of taxable income
9 Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the
excess over $31,850
10 Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the
excess over $77,100
11 Over $160,850 but not over $349,700 $10,852.50
plus 9.00% of the
excess over $160,850
12 Over $349,700 $27,849.00 plus 9.90% of the
excess over $349,700
13 (4) There is hereby imposed on the taxable income of married individuals filing separate
14 returns and bankruptcy estates a
tax
determined
in
accordance with
the following table:
15 If taxable income is: The tax
is:
16 Not over $26,575 3.75% of taxable income
17 Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575
18 Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the
excess over $64,250
19 Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the
excess over $97,925
20 Over $174,850 $13,166.88 plus 9.90% of the
excess over $174,850
21 (5) There is hereby imposed a taxable income of an estate or trust a tax determined in
22 accordance with the following table:
23 If taxable income is: The tax
is:
24 Not over $2,150 3.75% of taxable income
25 Over $2,150 but not over $5,000 $80.63 plus
7.00% of the excess over $2,150
26 Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000
27 Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650
28 Over $10,450 $737.50
plus 9.90% of the excess over $10,450
29 (6) Adjustments for inflation. The dollars amount contained in paragraph (A) shall be
30 increased by an
amount equal to:
31 (a) Such dollar amount contained in
paragraph
(A) in the
year
1993, multiplied by;
32 (b) The
cost-of-living adjustment determined
under section (J) with
a base year of 1993;
33 (c) The cost-of-living adjustment referred to in subparagraph (a) and (b) used in making
34 adjustments to the
nine
percent (9%) and
nine and nine tenths
percent (9.9%) dollar amounts
shall
1 be determined under section
(J)
by substituting "1994"
for "1993."
2 (B) Maximum capital gains rates
3 (1) In general If a taxpayer has a net capital gain for tax years ending prior to January 1,
4 2010, the tax imposed
by this
section for such taxable
year
shall not exceed the sum of:
5 (a) 2.5 % of the
net capital gain as reported
for
federal income tax purposes under section
6 26 U.S.C.
1(h)(1)(a) and
26 U.S.C. 1(h)(1)(b).
7 (b) 5% of the
net
capital gain
as reported for federal income tax purposes
under 26 U.S.C.
8 1(h)(1)(c).
9 (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26
10 U.S.C.
1(h)(1)(d).
11 (d) 7% of the
net
capital gain
as reported for federal income tax
purposes under 26
U.S.C.
12 1(h)(1)(e).
13 (2) For tax years beginning on or after January 1, 2010 the tax imposed on net capital
14 gain
shall be
determined
under subdivision 44-30-2.6(c)(2)(A).
15 (C) Itemized
deductions.
16 (1) In general
17 For
the purposes of section (2) "itemized deductions" means
the amount
of federal
18 itemized
deductions as modified
by the modifications in
§ 44-30-12.
19 (2) Individuals who do not itemize their deductions In the case of an individual who does
20 not elect to itemize his
deductions
for the
taxable year, they may elect
to take a standard
21 deduction.
22 (3) Basic standard deduction.
The Rhode Island standard deduction shall be allowed in
23 accordance with the following table:
24 Filing status Amount
25 Single $5,350
26 Married
filing jointly or qualifying widow(er) $8,900
27 Married
filing separately $4,450
28 Head of
Household $7,850
29 (4) Additional
standard
deduction for
the
aged and blind. An
additional standard
30 deduction shall be allowed for individuals age sixty-five (65) or older or blind in the amount of
31 $1,300 for individuals
who are not married and
$1,050 for individuals who are married.
32 (5) Limitation on basic standard deduction in the case of certain dependents.
In the case
1 (a) $850;
2 (b) The
sum
of $300 and such individual's earned income;
3 (6) Certain individuals not eligible for standard
deduction. In the case of:
4 (a) A married individual filing a
separate return
where either spouse itemizes deductions;
5 (b) Nonresident alien individual;
6 (c) An estate or trust;
7 The standard deduction shall be zero.
8 (7) Adjustments for inflation. Each
dollars amount contained in paragraphs (3), (4) and
9 (5) shall be
increased
by an amount equal to:
10 (a) Such
dollar amount
contained
in paragraphs
(3), (4) and (5)
in the year
1988,
11 multiplied
by
12 (b) The
cost-of-living adjustment determined
under section (J) with
a base year of 1988.
13 (D) Overall limitation
on itemized
deductions
14 (1) General rule.
15 In the case of an individual whose adjusted gross income as modified by § 44-30-12
16 exceeds the applicable amount, the amount of the
itemized deductions otherwise allowable for the
17 taxable year shall be reduced by the lesser of:
18 (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12
19 over the applicable amount; or
20 (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable
21 for such taxable year.
22 (2) Applicable
amount.
23 (a) In general.
24 For purposes of this section, the term "applicable amount"
means $156,400 ($78,200 in
25 the case of a separate return by a
married
individual)
26 (b) Adjustments for inflation.
Each dollar amount contained in paragraph (a) shall be
27 increased by an
amount equal to:
28 (i) Such
dollar amount contained in paragraph (a) in the year 1991, multiplied by
29 (ii) The
cost-of-living adjustment determined
under section (J) with
a base year of 1991.
30 (3) Phase-out of Limitation.
31 (a) In general.
32 In the case of taxable year beginning after December 31, 2005, and before January 1,
1 (b) Applicable fraction.
For purposes of paragraph (a), the applicable fraction shall be
2 determined in accordance with the following table:
3 For taxable years beginning in
calendar year The applicable fraction is
4 2006
and 2007 2/3
5 2008
and 2009 1/3
6 (E) Exemption
amount
7 (1) In general.
8 Except as otherwise provided in this subsection, the term "exemption amount"
mean
9 $3,400.
10 (2) Exemption amount disallowed in case
of certain
dependents.
11 In the case of an individual with respect to whom a deduction under this section is
12 allowable to another taxpayer for the same taxable year, the exemption amount applicable to such
13 individual for such individual's
taxable year shall be
zero.
14 (3) Adjustments for inflation.
15 The dollar amount contained in
paragraph (1) shall be increased by an
amount equal to:
16 (a) Such dollar amount contained in
paragraph
(1)
in the year 1989, multiplied
by
17 (b) The
cost-of-living adjustment determined
under section (J) with
a base year of 1989.
18 (4) Limitation.
19 (a) In general.
20 In the case of any taxpayer whose adjusted gross income as modified for the taxable year
21 exceeds the threshold amount shall be reduced by the
applicable percentage.
22 (b) Applicable percentage.
In the case of any taxpayer whose adjusted gross income for
23 the taxable year exceeds
the threshold amount, the exemption amount shall be reduced by two (2)
24 percentage points for each $2,500
(or fraction thereof) by which the taxpayer's adjusted gross
25 income for the taxable year exceeds the threshold amount. In the case of a married individual
26 filing a separate return, the preceding sentence shall be applied by substituting "$1,250" for
27 "$2,500." In no event shall the applicable percentage exceed one hundred
percent (100%).
28 (c) Threshold Amount.
For the purposes of this paragraph, the term "threshold amount"
29 shall be determined
with the following table:
30 Filing status Amount
31 Single $156,400
32 Married
filing jointly of qualifying widow(er) $234,600
1 (d) Adjustments for inflation.
2 Each
dollars amount contain in
paragraph (b) shall be increased by an
amount equal to:
3 (i) Such
dollar amount contained in paragraph (b) in
the
year
1991, multiplied by
4 (ii) The
cost-of-living adjustment determined
under section (J) with
a base year of 1991.
5 (5) Phase-out of Limitation.
6 (a) In general.
7 In the case of taxable years beginning after December 31, 2005, and before January 1,
8 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which
9 would
be the amount of such reduction.
10 (b) Applicable fraction.
For the purposes of paragraph (a), the applicable fraction shall
11 be determined in accordance with the following table:
12 For taxable years beginning in
calendar year The applicable fraction is
13 2006
and 2007 2/3
14 2008
and 2009 1/3
15 (F) Alternative
minimum tax
16 (1) General rule. - There is hereby imposed (in addition to any other tax imposed by this
17 subtitle) a tax
equal to the excess
(if any) of:
18 (a) The
tentative minimum tax for the taxable
year,
over
19 (b) The
regular tax for the
taxable year.
20 (2) The
tentative minimum tax for the taxable
year
is the sum of:
21 (a) 6.5 percent of so much of the taxable excess as
does not exceed $175,000, plus
22 (b) 7.0 percent of so much of the taxable excess above $175,000.
23 (3) The amount
determined
under the preceding
sentence shall be reduced by the
24 alternative minimum tax
foreign tax
credit for the taxable
year.
25 (4) Taxable excess. - For the purposes of this subsection the term "taxable excess" means
26 so much of the federal alternative minimum taxable income as modified by
the
modifications
in §
27 44-30-12 as exceeds the exemption
amount.
28 (5) In the case of a married individual filing a separate return, subparagraph (2) shall be
29 applied
by substituting "$87,500" for $175,000 each
place it appears.
30 (6) Exemption amount. For purposes
of this
section "exemption
amount" means:
31 Filing status Amount
32 Single $39,150
33 Married
filing jointly or qualifying widow(er) $53,700
1 Head of
Household $39,150
2 Estate or trust $24,650
3 (7) Treatment of unearned income of minor children
4 (a) In general.
5 In the case of a minor child, the exemption amount for purposes of section (6) shall not
6 exceed the sum of:
7 (i) Such child's
earned income, plus
8 (ii) $6,000.
9 (8) Adjustments for inflation.
10 The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount
11 equal to:
12 (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied
13 by
14 (b) The
cost-of-living adjustment determined
under section (J) with
a base year of 2004.
15 (9) Phase-out.
16 (a) In general.
17 The exemption amount of any taxpayer shall be reduced (but not below zero) by an
18 amount equal to twenty-five percent (25%) of the amount by which alternative minimum taxable
19 income
of the taxpayer exceeds the threshold
amount.
20 (b) Threshold amount.
For purposes of this paragraph, the term
"threshold amount" shall
21 be determined with the following table:
22 Filing status Amount
23 Single $123,250
24 Married
filing jointly or qualifying widow(er) $164,350
25 Married
filing separately $82,175
26 Head of
Household $123,250
27 Estate or Trust $82,150
28 (c) Adjustments for inflation
29 Each
dollar amount contained in
paragraph
(9)
shall be increased by an
amount equal to:
30 (i) Such
dollar amount contained in paragraph (9) in
the
year
2004, multiplied by
31 (ii) The
cost-of-living adjustment determined under section (J) with
a base year of 2004.
32 (G) Other Rhode Island taxes
33 (1) General rule. - There is hereby imposed (in addition to any other tax imposed by this
34 subtitle) a tax equal to twenty-five percent (25%) of:
1 (a) The
Federal income tax on lump-sum distributions.
2 (b) The
Federal income
tax
on parents' election to report child's interest and
dividends.
3 (c) The recapture of Federal tax credits that were previously claimed on Rhode Island
4 return.
5 (H) Tax for children under 18
with investment income
6 (1) General rule. – There is hereby imposed a tax equal to twenty-five percent (25%) of:
7 (a) The
Federal tax for children under the age
of 18
with
investment income.
8 (I) Averaging of farm income
9 (1) General rule. - At the election of an individual engaged in a farming business or
10 fishing business, the tax imposed in
section 2
shall be equal to twenty-five percent (25%) of:
11 (a) The
Federal averaging of farm income
as determined in
IRC section
1301.
12 (J) Cost-of-living adjustment
13 (1) In general.
14 The cost-of-living adjustment for any calendar year is
the percentage (if any) by which:
15 (a) The
CPI
for the preceding calendar year exceeds
16 (b) The
CPI
for the base year.
17 (2) CPI for any calendar year. For purposes of paragraph (1), the CPI for any calendar
18 year is the average of the Consumer Price Index as of the close of the twelve (12) month period
19 ending on
August 31
of such calendar year.
20 (3) Consumer Price Index
21 For purposes of paragraph (2), the term "consumer price index" means the last consumer
22 price index for all urban consumers published by the department of labor. For purposes of the
23 preceding sentence, the revision of the consumer price index which is most consistent with the
24 consumer price index
for
calendar year 1986 shall be used.
25 (4) Rounding.
26 (a) In general.
27 If any increase determined under paragraph (1) is not a multiple of $50, such increase
28 shall be rounded to
the next lowest multiple of $50.
29 (b) In the case of a married individual filing a separate return, subparagraph (a) shall be
30 applied
by substituting "$25"
for $50 each place it appears.
31 (K) Credits against tax. - For tax years beginning on or after January 1, 2001, a taxpayer
32 entitled
to any of the following
federal credits enacted prior to January
1, 1996 shall be entitled to
33 a credit against the Rhode
Island tax imposed
under this
section:
34 (1) [Deleted by P.L. 2007,
ch. 73, art.
7, § 5].
1 (2) Child and
dependent care credit;
2 (3) General business credits;
3 (4) Credit for elderly or the disabled;
4 (5) Credit for prior year minimum tax;
5 (6) Mortgage
interest credit;
6 (7) Empowerment zone
employment credit;
7 (8) Qualified
electric vehicle credit.
8 (L) Credit against tax for adoption. - For tax years beginning on or after January 1, 2006,
9 a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode
10 Island
tax imposed under this section if the adopted child was under the care, custody, or
11 supervision of the
Rhode Island department of children,
youth
and families prior to the adoption.
12 (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits
13 provided there shall be no deduction based on any federal credits enacted after January 1, 1996,
14 including
the rate
reduction credit
provided
by
the federal
Economic Growth and
Tax
15 Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be
16 reduced
to less
than zero. A taxpayer required to
recapture any
of the above credits for federal tax
17 purposes shall determine the Rhode Island amount to be recaptured in the same manner as
18 prescribed in this subsection.
19 (N) Rhode Island earned income credit
20 (1) In general.
21 For tax years beginning before January 1, 2015 a taxpayer entitled to a federal earned
22 income credit shall be allowed a Rhode Island earned income credit equal to twenty-five percent
23 (25%) of the federal earned income credit. Such credit shall not exceed the amount of the Rhode
24 Island income
tax.
25 For tax years beginning on or after January 1, 2015 and before January 1, 2016, a
26 taxpayer entitled to
a federal earned income credit shall be allowed
a Rhode Island earned
income
27 credit equal to ten percent (10%) of the federal earned income credit. Such credit shall not exceed
28 the amount of the
Rhode Island income tax.
29 For tax years beginning on or after January, 1, 2016, a taxpayer entitled to a federal
30 earned income credit shall be allowed a Rhode Island earned income credit equal to twelve and
31 one-half percent (12.5%) of the federal earned income credit. Such credit shall not exceed the
32 amount of the
Rhode Island income tax.
33 For tax years beginning on or after January, 1, 2017, a taxpayer entitled to a federal
34 earned income credit shall be allowed a Rhode Island earned income credit equal to fifteen
1 percent (15%) of the federal earned income credit. Such credit shall not exceed the amount of the
2 Rhode Island income
tax.
3 (2) Refundable portion.
4 In the event the Rhode Island earned income credit allowed under paragraph (N)(1) of
5 this section (J) exceeds the amount of Rhode Island income tax, a refundable earned income
6 credit shall be allowed
as follows.
7 (i) For
tax years beginning before January
1,
2015, for
purposes of
paragraph (2)
8 refundable earned income credit means fifteen percent (15%) of the amount by which the Rhode
9 Island earned
income credit exceeds the
Rhode Island income
tax.
10 (a)(ii) For tax years beginning on or after January 1, 2015, For for purposes of paragraph
11 (2) refundable earned income credit means one hundred percent (100%) of the amount by which
12 the Rhode
Island
earned income
credit exceeds the Rhode
Island
income tax.
13 (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs
14 (A) through (J) to the general assembly no later than February 1, 2010 and every three (3) years
15 thereafter for inclusion in the
statute.
16 (3) For the period January 1, 2011 through December 31, 2011, and thereafter, "Rhode
17 Island taxable income"
means federal adjusted gross income as determined under the Internal
18 Revenue Code, 26 U.S.C. 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-
19 30-12 less the
amount of Rhode
Island
Basic Standard
Deduction
allowed pursuant to
20 subparagraph 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant of
21 subparagraph
44-30-2.6(c)(3)(C).
22 (A) Tax imposed.
23 (I) There is hereby imposed on the taxable income of married individuals filing joint
24 returns, qualifying widow(er), every head of household, unmarried individuals,
married
25 individuals
filing separate returns
and bankruptcy estates, a tax
determined
in accordance with the
26 following table:
27 RI Taxable Income RI Income Tax
28 Over But not Over Pay + % On
Excess On The Amount Over
29 $0
- $55,000 $0 + 3.75% $0
30 55,000
- 125,000 2,063 + 4.75% 55,000
31 125,000 - 5,388
+ 5.99% 125,000
32 (II) There is hereby imposed on the taxable income of an estate or trust a tax determined
33 in accordance
with
the
following table:
34 RI Taxable Income RI Income Tax
1 Over But not Over Pay + % On
Excess On The Amount Over
2 $0
- $2,230 $0 + 3.75% $0
3 2,230
- 7,022 84 + 4.75% 2,230
4 7,022 - 312
+ 5.99% 7,022
5 (B) Deductions:
6 (I) Rhode Island Basic Standard Deduction. Only the Rhode Island standard deduction
7 shall be allowed in accordance with
the
following table:
8 Filing status: Amount
9 Single $7,500
10 Married
filing jointly or qualifying widow(er) $15,000
11 Married
filing separately $7,500
12 Head of
Household $11,250
13 (II) Nonresident alien individuals,
estates
and trusts are
not eligible
for standard
14 deductions.
15 (III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode
16 Island purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five
17 thousand dollars ($175,000), the standard deduction amount shall be reduced by the applicable
18 percentage. The term "applicable percentage" means twenty (20) percentage points for each five
19 thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for
20 the taxable year exceeds
one hundred seventy-five
thousand dollars ($175,000).
21 (C) Exemption
Amount:
22 (I) The term "exemption amount" means three thousand five hundred dollars ($3,500)
23 multiplied by the number of exemptions allowed for the taxable year for federal income tax
24 purposes.
25 (II) Exemption amount
disallowed
in case
of
certain
dependents. In
the case
of
an
26 individual with respect to whom a deduction under this section is allowable to another taxpayer
27 for the
same
taxable year,
the exemption
amount applicable to
such individual for
such
28 individual's taxable year shall be zero.
29 (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode
30 Island purposes pursuant to § 33-30-12, for the taxable year exceeds one hundred seventy- five
31 thousand
dollars
($175,000),
the exemption
amount
shall
be
reduced
by
the applicable
32 percentage. The term "applicable percentage" means twenty (20) percentage points for each five
33 thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for
34 the taxable
year exceeds one
hundred
seventy-five
thousand dollars ($175,000).
1 (E) Adjustment for inflation. - The dollar amount contained in subparagraphs 44-30-
2 2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an
amount
3 equal to:
4 (I) Such
dollar amount
contained in subparagraphs
44-30-2.6(c)(3)(A), 44-30-
5 2.6(c)(3)(B)
and 44-30-2.6(c)(3)(C) adjusted for inflation
using
a
base tax
year of
2000,
6 multiplied
by;
7 (II) The cost-of-living adjustment with a base year of 2000.
8 (III) For the purposes of this section
the cost-of-living
adjustment for any
calendar year is
9 the percentage (if any) by which the consumer price index for the preceding calendar year
10 exceeds the consumer price index for the base year. The consumer price index for any calendar
11 year is the average of the consumer price index as of the close of the twelve (12) month period
12 ending on
August 31,
of such
calendar year.
13 (IV) For the purpose of this section the term "consumer price index" means the last
14 consumer price index for all urban consumers published by the department of labor. For the
15 purpose of this section the revision of the consumer price index which is most consistent with the
16 consumer price index
for
calendar year 1986 shall be used.
17 (V)
If any increase determined
under
this section is not a multiple of fifty
dollars
18 ($50.00), such
increase shall be
rounded
to
the next lower multiple of fifty dollars ($50.00).
In the
19 case of a married individual filing
separate return, if any
increase determined under this section is
20 not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower
21 multiple of twenty-five
dollars ($25.00).
22 (E) Credits against tax.
23 (I) Notwithstanding any other provisions of Rhode
Island
Law, for tax
years beginning on
24 or after January 1, 2011,
the only credits allowed against a tax imposed
under this chapter shall be
25 as follows:
26 (a) Rhode Island Earned Income Credit: Credit shall be allowed for earned income credit
27 pursuant to
subparagraph 44-30-2.6(c)(2)(N).
28 (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided
29 in § 44-33-1 et seq.
30 (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax
31 credit as provided in § 44-30.3-1
et seq.
32 (d) Credit for income taxes of other states. - Credit shall be allowed for income tax paid
33 to other states pursuant to § 44-30-74.
34 (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax
1 credit as provided in § 44-33.2-1
et seq.
2 (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture
3 production
tax credit as provided
in §
44-31.2-1 et seq.
4 (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of
5 the federal child and dependent care credit allowable for the taxable year for federal purposes;
6 provided, however, such
credit shall not exceed the
Rhode Island tax liability.
7 (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for
8 contributions to scholarship organizations as provided in § 44-62 et seq.
9 (i) Credit for tax withheld. - Wages upon which tax is required to be withheld shall be
10 taxable as if no withholding were required, but any amount of Rhode Island personal income tax
11 actually deducted and withheld in any calendar year shall be deemed to have been paid to the tax
12 administrator on behalf of the person from whom withheld, and the person shall be credited with
13 having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable
14 year of less than twelve (12) months, the credit shall be made under regulations of the tax
15 administrator.
16 (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested
17 in RI wavemaker fellowship program as provided
in
§42-64.26-1 et seq.
18 (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in
19 §42-64.20-1 et seq.
20 (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode
21 Island
new qualified jobs
incentive program credit as provided in
§44-48.3-1 et seq.
22 (2) Except as provided in section l above, no other state and federal tax credit shall be
23 available to the taxpayers in
computing tax liability under this chapter.
24 SECTION 16. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Personal
25 Income Tax" is
hereby amended to
read
as follows:
26 44-30-12. Rhode Island income of a resident individual. -- (a) General. - The Rhode
27 Island income of a resident individual means his or her adjusted gross income for federal income
28 tax purposes, with the modifications specified
in
this section.
29 (b) Modifications increasing federal adjusted gross income. - There shall be added to
30 federal adjusted gross
income:
31 (1) Interest income on obligations of any state, or its political subdivisions, other than
32 Rhode Island or
its political subdivisions;
33 (2) Interest or dividend income
on obligations or securities of any authority,
commission,
34 or instrumentality
of the United States, but not of Rhode Island or its political subdivisions, to the
1 extent exempted by the laws of the United States from federal income tax but not from state
2 income
taxes;
3 (3) The
modification described in
§ 44-30-25(g);
4 (4) (i) The amount defined below of a nonqualified withdrawal made from an account in
5 the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified
6 withdrawal is:
7 (A) A transfer or rollover to a qualified tuition
program under Section 529
of the
Internal
8 Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-
9 6.1; and
10 (B) A withdrawal or distribution
which
is:
11 (I) Not applied on a timely basis to pay "qualified higher education expenses" as defined
12 in § 16-57-3(12) of the beneficiary of the
account from which the withdrawal is
made;
13 (II) Not made for a reason referred to
in § 16-57-6.1(e); or
14 (III) Not made in other circumstances for which an exclusion from tax made applicable
15 by Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover,
16 withdrawal or distribution is made within two (2) taxable years following the taxable year for
17 which a contributions modification pursuant to subdivision (c)(4) of this section is
taken based on
18 contributions to any tuition savings program account by the person who is the participant of the
19 account at the time of the contribution, whether or not the person is the participant of the account
20 at the time of the transfer, rollover,
withdrawal or distribution;
21 (ii) In the event of a nonqualified withdrawal under subparagraphs (i)(A) or (i)(B) of this
22 subdivision, there shall be added to the federal adjusted gross income of that person for the
23 taxable year of the withdrawal an amount equal to the lesser of:
24 (A)
The
amount equal
to the
nonqualified withdrawal
reduced
by
the sum of any
25 administrative fee or penalty imposed under the tuition savings program in connection with the
26 nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the
27 person's federal adjusted gross income
for
the taxable year; and
28 (B) The amount of the person's contribution modification pursuant to subdivision (c)(4)
29 of this section for the person's taxable year of the withdrawal and the two (2) prior taxable years
30 less the amount of any nonqualified withdrawal for the two (2) prior taxable years included in
31 computing the person's Rhode Island income by application of this subsection for those years.
32 Any amount added to federal adjusted gross income pursuant to this subdivision shall constitute
33 Rhode Island income
for
residents, nonresidents and part-year residents; and
34 (5) The
modification described in § 44-30-25.1(d)(3)(i).
1 (6) The amount equal to any unemployment compensation received but not included in
2 federal adjusted gross
income.
3 (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a
4 qualified
motor vehicle as defined
by the Internal Revenue Code
§ 164(a)(6).
5 (c) Modifications reducing federal adjusted gross income. - There shall be subtracted
6 from federal adjusted
gross income:
7 (1) Any interest income on obligations of the United States and its possessions to the
8 extent includible in gross income for federal income tax purposes, and any interest or dividend
9 income on obligations, or securities of any authority, commission, or instrumentality of the
10 United States to the extent includible in gross income for federal income tax purposes but exempt
11 from state income taxes under the laws of the United States; provided, that the amount to be
12 subtracted shall in any case be reduced by any interest on indebtedness incurred or continued to
13 purchase or carry obligations or securities the income of which is exempt from Rhode Island
14 personal income tax, to the extent the interest has been deducted in determining federal adjusted
15 gross income or taxable income;
16 (2) A modification
described in
§ 44-30-25(f) or § 44-30-1.1(c)(1);
17 (3) The amount of any withdrawal or distribution from the "tuition savings program"
18 referred to in § 16-57-6.1 which is included in federal adjusted gross income, other than a
19 withdrawal or distribution
or portion
of
a
withdrawal
or
distribution
that
is a nonqualified
20 withdrawal;
21 (4) Contributions made to an account under the tuition savings program, including the
22 "contributions carryover" pursuant to paragraph (iv) of this subdivision, if any, subject to the
23 following limitations, restrictions
and qualifications:
24 (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the
25 taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint
26 return;
27 (ii) The
following shall not be
considered contributions:
28 (A) Contributions made by any person to an account who is not a participant of the
29 account at the time the contribution
is made;
30 (B) Transfers or rollovers to an account from any other tuition savings program account
31 or from any other "qualified tuition program" under section 529 of the Internal Revenue Code, 26
32 U.S.C.
§ 529; or
33 (C) A change
of the
beneficiary of the account;
34 (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer's federal
1 adjusted gross income to less than zero (0);
2 (iv) The contributions carryover to a taxable year for purpose of this subdivision is the
3 excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition
4 savings program for all preceding taxable years for which this subsection is effective over the
5 sum of:
6 (A) The total of the subtractions under this subdivision allowable to the taxpayer for all
7 such preceding taxable years; and
8 (B) That part of any remaining contribution carryover at the end of the taxable year
9 which exceeds the amount of any nonqualified withdrawals during the year and the prior two (2)
10 taxable years not included in the addition provided for in this subdivision for those years. Any
11 such part shall be disregarded in computing the contributions carryover for any subsequent
12 taxable year;
13 (v) For any taxable year for which a contributions carryover is applicable, the taxpayer
14 shall include a computation of the carryover with the taxpayer's Rhode Island personal income
15 tax return for that year, and if for any taxable year on which the carryover is based the taxpayer
16 filed a joint Rhode Island personal income tax return but filed a return on a basis other than
17 jointly for a subsequent taxable year, the computation shall reflect how the carryover is being
18 allocated
between
the prior joint filers; and
19 (5) The
modification described in § 44-30-25.1(d)(1).
20 (6) Amounts deemed taxable income to the taxpayer due to payment or provision of
21 insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36
22 or other coverage
plan.
23 (7) Modification for organ transplantation. - (i) An individual may subtract up to ten
24 thousand dollars ($10,000) from federal adjusted gross income if he or she, while living, donates
25 one or more of his or her human organs to another human being for human organ transplantation,
26 except that for purposes of this subsection, "human organ" means all or part of a liver, pancreas,
27 kidney, intestine, lung, or bone marrow.
A subtract modification that is claimed
hereunder may be
28 claimed
in the taxable
year
in which the human
organ
transplantation
occurs.
29 (ii) An individual may claim that subtract modification hereunder only once, and the
30 subtract modification may be claimed for only the following unreimbursed expenses that are
31 incurred
by the
claimant and related to
the
claimant's
organ
donation:
32 (A) Travel expenses.
33 (B) Lodging expenses.
34 (C) Lost wages.
1 (iii) The subtract modification hereunder may not be claimed by a part-time resident or a
2 nonresident of this
state.
3 (8) Modification for taxable Social Security income.
4 (i) For tax years
beginning on or after January 1,
2016:
5 (A) For a person who has attained the age used for calculating full or unreduced social
6 security retirement benefits who files a return as an unmarried individual, head of household or
7 married filing separate whose federal adjusted gross income for such taxable year is less than
8 eighty thousand
dollars ($80,000); or
9 (B) A married individual filing jointly or individual filing qualifying widow(er) who has
10 attained the age used for calculating full or unreduced social security retirement benefits whose
11 joint federal adjusted gross income for such taxable year is less than one hundred thousand
12 dollars ($100,000), an amount equal to the social security benefits includable in federal adjusted
13 gross income.
14 (ii) Adjustment for inflation. - The dollar amount contained in subparagraphs 44-30-
15 12(c)(8)(i)(A) and
44-30-12(c)(8)(i)(B) shall be increased annually by an
amount equal to:
16 (A) Such dollar amount contained in subparagraphs 44-30-12(c)(8)(i)(A) and 44-30-
17 12(c)(8)(i)(B) adjusted
for inflation
using a base tax
year
of 2000, multiplied by;
18 (B) The cost-of-living adjustment with a base year of 2000.
19 (iii) For the
purposes of this section the
cost-of-living adjustment for any calendar year is
20 the percentage (if any) by which the consumer price index for the preceding calendar year
21 exceeds the consumer price index for the base year. The consumer price index for any calendar
22 year is the average of the consumer price index as of the close of the twelve (12) month period
23 ending on
August 31,
of such
calendar year.
24 (iv) For the purpose of this section the term "consumer price index"
means the last
25 consumer price index for all urban consumers published by the department of labor. For the
26 purpose of this section the revision of the consumer price index which is most consistent with the
27 consumer price index
for
calendar year 1986 shall be used.
28 (v)
If any increase determined
under
this section is not
a
multiple
of fifty
dollars
29 ($50.00), such
increase shall be
rounded to the
next
lower multiple
of fifty dollars ($50.00). In
the
30 case of a married individual filing
separate return, if any
increase determined under this section is
31 not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower
32 multiple of twenty-five
dollars ($25.00).
33 (9) Modification for up to fifteen thousand
dollars ($15,000) of taxable
retirement income
34 from certain
pension plans or annuities.
1 (i) For tax
years
beginning on
or after January 1,
2017 a modification shall be allowed for
2 up to fifteen thousand dollars ($15,000) of taxable pension and/or annuity
income that is included
3 in federal adjusted
gross income
for
the taxable year:
4 (A) For a person who has attained the age used for calculating full or unreduced social
5 security retirement benefits who files a return as an unmarried individual, head of household or
6 married filing separate whose federal adjusted gross income for such taxable year is less than the
7 amount used for the modification contained in §44-30-12(c)(8)(i)(A) an amount not to exceed
8 $15,000 of taxable pension and/or annuity income
includable
in
federal adjusted
gross income; or
9 (B) For a married individual filing jointly or individual filing qualifying widow(er) who
10 has attained the age used for calculating full or unreduced
social security retirement benefits
11 whose joint federal adjusted gross income for such taxable year is less than the amount used for
12 the modification contained in §44-30-12(c)(8)(i)(B) an amount not to exceed $15,000 of taxable
13 pension and/or annuity income includable in federal adjusted gross income.
14 (ii) Adjustment for inflation. The dollar amount contained by reference in
§§44-30-
15 12(c)(9)(i)(A) and 44-30-12(c)(9)(i)(B) shall be increased annually for tax years beginning on or
16 after January 1, 2018 by an amount equal to:
17 (A) Such dollar amount contained by reference in §§44-30-12(c)(9)(i)(A) and 44-30-
18 12(c)(9)(i)(B) adjusted
for inflation
using a base tax
year
of 2000, multiplied by;
19 (B) The cost-of-living adjustment with a base year of 2000.
20 (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is
21 the percentage (if any) by which the consumer price index for the preceding calendar year
22 exceeds the consumer price index for the base year. The consumer price index for any calendar
23 year is the average of the consumer price index as of the close of the twelve (12) month period
24 ending on August 31,
of such
calendar year.
25 (iv) For the purpose of this section the term "consumer price index" means the last
26 consumer price index for all urban consumers published by the department of labor. For the
27 purpose of this section the revision of the consumer price index which is most consistent with the
28 consumer price index
for
calendar year 1986 shall be used.
29 (v) If any increase
determined under this section is
not
a
multiple of fifty dollars
30 ($50.00), such
increase shall be
rounded
to
the next lower multiple of fifty dollars ($50.00).
In the
31 case of a married individual filing a separate return, if any increase determined under this section
32 is not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower
33 multiple of twenty-five
dollars ($25.00).
34 (d) Modification for Rhode Island fiduciary adjustment. - There shall be added to or
1 subtracted from federal adjusted gross income (as the case may be) the taxpayer's share, as
2 beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-
3 30-17.
4 (e) Partners. - The amounts of modifications required to be made under this section by a
5 partner, which relate to items of income or deduction of a partnership, shall be determined under
6 § 44-30-15.
7 SECTION
17.
Section
44-31.2-11
of
the General Laws
in Chapter 44-31.2 entitled
8 "Motion
Picture
Production Tax
Credits"
is hereby amended to
read
as follows:
9 44-31.2-11. Sunset. -- No credits shall be issued on or after July 1,
2019 2021 unless the
10 production has received initial certification under subsection 44-31.2-6(a) prior to July 1,
2019
11 2021.
12 SECTION
18.
Section
44-33.6-11
of
the General Laws
in Chapter 44-33.6 entitled
13 "Historic Preservation Tax Credits
2013" is hereby amended to
read
as follows:
14 44-33.6-11. Sunset. -- No credits shall be authorized to be reserved pursuant to this
15 chapter on or after June 30, 2016 2017
or upon the exhaustion of the maximum aggregate credits,
16 whichever comes first.
17 SECTION 19.
Section 42-17.1-9.1 of the General Laws in Chapter 42-17.1 entitled
18 "Department of Environmental Management" is
hereby amended
to
read as follows:
19 42-17.1-9.1.
User
fees
at state
beaches,
parks, and
recreation areas.
-- (a)
The
20 department of environmental management in
pursuance of its administrative
duties
and
21 responsibilities may
charge
a
user fee
for
any
state
beach,
or recreational
area under
its
22 jurisdiction, and fees for the
use of its services or facilities.
23 (b) The fee may be on a daily or annual basis, or both, and may be based on vehicle
24 parking or other appropriate means. The fees may recognize the contribution of Rhode Island
25 taxpayers to support the facilities in relation to other users of the state's facilities. The fee
26 structure may acknowledge the
need
to provide
for
all people, regardless of circumstances.
27 (c) An
additional
fee for camping and other special
uses
may be charged where
28 appropriate. Rates so
charged should
be comparable to equivalent commercial facilities.
29 (d) All such fees shall be established after a
public hearing.
30 (e) All daily fees from beach parking, which
shall
also
include
fees charged
and
31 collected at Ninigret conservation area and Charlestown breachway, shall be shared with the
32 municipality in which the facility is located on the basis of eighty-four percent (84%) seventy-
33 three percent (73%) retained by the state and
sixteen percent (16%) twenty-seven percent (27%)
34 remitted to the municipality; provided, further, from July 1, 2016 until October 1, 2016 the beach
1 fees charged and collected under this subsection shall be equal to those in effect on June 30,
2 2011.
3 (f) Fifty percent (50%) of all user and concession fees received by the state shall be
4 deposited as general revenues. For the year beginning July 1, 1979, the proportion of user and
5 concession
fees to be
received by
the state shall be
sixty-five percent (65%); for
the year
6 beginning July 1, 1980, eighty-five percent (85%); and for the year beginning July 1, 1981, and
7 all years thereafter, one hundred percent (100%). The general revenue monies appropriated are
8 hereby specifically dedicated to meeting the costs of development, renovation of, and acquisition
9 of state-owned recreation areas and for regular maintenance, repair and operation of state owned
10 recreation areas. Purchases of vehicles and equipment and repairs to facilities shall not exceed
11 four hundred thousand
dollars ($400,000) annually.
Notwithstanding the provisions
of §
37-1-1 or
12 any other provision
of the
general
laws, the director of
the department of
environmental
13 management
is hereby authorized
to accept
any
grant, devise, bequest, donation,
gift,
or
14 assignment of money, bonds, or other valuable securities for deposit in the same manner as
15 provided above for user and concession fees
retained by the
state.
16 (g) No fee shall be charged to any school or other nonprofit organization provided that a
17 representative of the school or other organization gives written notice of the date and time of their
18 arrival to
the
facility.
19 SECTION 20. Sections 4,
5, 6, 10, 11, 12,
and 13 shall take effect upon passage and shall
20 apply to tax years beginning on or after January 1, 2016. Sections 9, 15, and 16 shall take effect
21 as of January 1, 2017.
The remainder of the article shall take effect as
of July 1, 2016.
22
1 ARTICLE 14
=======
art.014/5/014/4/014/3/014/2/014/1
=======
2 RELATING TO CAREGIVERS/COMPASSION CENTERS
3 SECTION 1. Sections 21-28.6-2, 21-28.6-3, 21-28.6-4, 21-28.6-5, 21-28.6-6, 21-28.6-9,
4 21-28.6-12, and 21-28.6-14 of the General Laws in Chapter 21-28.6 entitled "The Edward O.
5 Hawkins and Thomas C. Slater Medical Marijuana Act" are
hereby amended
to
read as follows:
6 21-28.6-2.
Legislative findings. -- The general assembly finds and declares that:
7 (1) Modern medical research has discovered beneficial uses for marijuana in treating or
8 alleviating
pain, nausea,
and
other symptoms associated
with
certain debilitating
medical
9 conditions, as found
by the National Academy of Sciences' Institute of Medicine in March 1999.
10 (2) According
to the
U.S. Sentencing
Commission
and
the
Federal Bureau of
11 Investigation, ninety-nine (99) out of every one hundred (100) marijuana arrests in the United
12 States are made under state law, rather than under federal law. Consequently, changing state law
13 will have the practical effect of protecting from arrest the vast majority of seriously ill people
14 who have
a medical need to use marijuana.
15 (3) Although federal law currently prohibits any use of marijuana, the laws of Alaska,
16 California, Colorado,
Hawaii, Maine, Montana,
Nevada,
Oregon, Vermont,
and Washington
17 permit the medical use and cultivation of marijuana. Rhode Island joins in this effort for the
18 health
and welfare
of
its citizens.
19 (4) States are not required to enforce federal law or prosecute people for engaging in
20 activities prohibited by
federal law.
Therefore, compliance with
this chapter does
not put the state
21 of Rhode
Island in
violation of federal law.
22 (5) State law should make a distinction between the medical and nonmedical use of
23 marijuana. Hence, the purpose of this chapter is to protect patients with debilitating medical
24 conditions, and their physicians and primary caregivers, from arrest and
prosecution, criminal and
25 other penalties,
and property forfeiture if such patients engage
in the
medical use of marijuana.
26 (6) The general assembly enacts this chapter
pursuant to its
police power to enact
27 legislation for the protection of the health of its citizens, as reserved to the state in the Tenth
28 Amendment of the
United States Constitution.
29 (7) It is in the state's interests of public safety, public welfare, and the integrity of the
30 medical marijuana program to ensure that the possession and cultivation of marijuana for the sole
1 purpose of medical use for alleviating symptoms caused by debilitating medical conditions is
2 adequately regulated.
3 (8) The goal of the medical marijuana program is to create a system that is transparent,
4 safe, and responsive to the needs of patients. Consequently, the medical marijuana program
5 requires regulation and a comprehensive regulatory structure that allows for oversight over all
6 suppliers
of
medical marijuana
while ensuring both
safety and patient access.
7 21-28.6-3.
Definitions. -- For the purposes of this chapter:
8 (1) "Authorized purchaser" means a natural person, who is at least twenty-one (21) years
9 old, and who is registered with the department of health for the purposes of assisting a qualifying
10 patient in purchasing marijuana from a compassion center. An authorized
purchaser may assist no
11 more than one patient, and is prohibited from consuming marijuana obtained for the use of the
12 qualifying patient. An authorized purchaser shall be registered with the department of health and
13 shall possesses
a valid
registry identification card.
14 (1)(2) "Cardholder"
means a qualifying patient or a primary caregiver person who has
15 been registered
or licensed with the department of health or the department of business regulation
16 pursuant to this chapter, and has been issued and possesses a valid registry identification card or
17 license.
18 (3) "Commercial unit"
means a building, office, suite, or room within a commercial or
19 industrial building for use by one business or person and is rented or owned by that business or
20 person.
21 (2)(4)(i) "Compassion center"
means:(i) a not-for-profit corporation,
subject to
the
22 provisions of chapter 6 of title 7, and registered under § 21-28.6-12, that acquires, possesses,
23 cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or
24 related supplies and educational materials, to patient cardholders and/or their registered caregiver
25 cardholder
or authorized
purchaser , who have designated
it
as one of their primary caregivers.
26 (ii) "Compassion center cardholder" means a principal officer, board member, employee,
27 volunteer, or agent of a compassion center who has registered with the department of health or
28 the department of
business regulation and has been issued
and
possesses
a
valid
registry
29 identification card.
30 (3)(5) "Debilitating medical condition" means:
31 (i) Cancer, glaucoma,
positive status
for human immunodeficiency
virus,
acquired
32 immune deficiency syndrome, Hepatitis
C, or the treatment of these conditions;
33 (ii) A chronic or debilitating disease or medical condition, or its treatment, that produces
34 one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain;
1 severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe
2 and persistent muscle
spasms,
including but
not
limited to,
those characteristic
of multiple
3 sclerosis or Crohn's
disease; or agitation of Alzheimer's Disease; or
4 (iii) Any other medical condition or its treatment approved by the department of health,
5 as provided
for
in § 21-28.6-5.
6 (6) "Department of business regulation"
means the Rhode Island department of business
7 regulation or its successor agency.
8 (4)(7) "Department of health" means
the Rhode
Island
department
of
health or its
9 successor agency.
10 (8) "Department of public safety" means the Rhode Island department of public safety or
11 its successor agency.
12 (9) "Dried useable marijuana"
means the dried leaves and flowers of the marijuana plant
13 as defined
by regulations promulgated
by the
department of health.
14 (10) "Dwelling unit"
means the room or group of rooms within a dwelling used or
15 intended for use by one family or household, or by no more than three (3) unrelated individuals,
16 for living,
sleeping, cooking and eating.
17 (11) "Equivalent amount" means the portion of usable marijuana, be it in extracted,
18 edible, concentrated or any other form, found to be equal to a portion of usable marijuana, as
19 defined by regulations promulgated by the department of health.
20 (12) "Licensed
cultivator" means a person as identified in
§43-3-6, who has been
licensed
21 by the department of business regulation to cultivate marijuana
pursuant to §21-28.6-17.
22 (5)(13) "Marijuana" has the meaning given
that
term in
§ 21-28-1.02(26).
23 (6)(14) "Mature marijuana plant" means a marijuana plant that has flowers or buds that
24 are readily observable
by an unaided visual examination.
25 (7)(15) "Medical use" means the acquisition, possession, cultivation, manufacture, use,
26 delivery, transfer, or transportation of marijuana or paraphernalia relating to the consumption of
27 marijuana
to alleviate a patient cardholder's
debilitating
medical condition
or
symptoms
28 associated with the medical condition.
29 (8)(16) "Practitioner"
means a person who is licensed with authority to prescribe drugs
30 pursuant to chapter 37 of title 5 or a physician licensed with authority to prescribe drugs in
31 Massachusetts or Connecticut.
32 (9)(17)
"Primary caregiver" means
either a natural person, who is at least twenty-one (21)
33 years old, or a compassion center. A natural person primary caregiver may assist no more than
34 five (5) qualifying patients with their medical use of marijuana.
1 (10)(18) "Qualifying patient" means
a person
who has been diagnosed by a practitioner as
2 having a debilitating medical condition
and is a resident of Rhode
Island.
3 (11)(19) "Registry identification card" means a document issued by the department
of
4 health that identifies a person as a registered qualifying patient, a registered primary caregiver, or
5 authorized
purchaser,
or
a
document issued
by
the
department of business regulation
that
6 identifies a person as a registered principal officer, board member, employee, volunteer, or agent
7 of a compassion center.
8 (12)(20) "Seedling" means a
marijuana plant with no observable flowers
or
buds.
9 (13)(21) "Unusable marijuana" means marijuana seeds, stalks, seedlings, and unusable
10 roots.
11 (14)(22) "Usable marijuana"
means the dried leaves and flowers of the marijuana plant,
12 and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the
13 plant.
14 (23) "Wet marijuana" means the harvested leaves and flowers of the marijuana plant
15 before they have reached a dry useable state, as defined by regulations promulgated by the
16 departments
of
health and business regulation.
17 (15)(24) "Written certification"
means the qualifying patient's medical records, and a
18 statement signed by a practitioner, stating that in the practitioner's professional opinion, the
19 potential benefits of the medical use of marijuana would likely outweigh the health risks for the
20 qualifying patient. A written certification shall be made only in the course of a bona fide,
21 practitioner-patient relationship after the practitioner has completed a full assessment of the
22 qualifying patient's medical history. The written certification shall specify the qualifying patient's
23 debilitating medical condition or
conditions.
24 21-28.6-4. Protections for the medical use of marijuana. -- (a) A qualifying patient
25 cardholder who has in his or her possession a registry identification card shall not be subject to
26 arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not
27 limited to, civil penalty or disciplinary action by a business or occupational or professional
28 licensing board or bureau, for the medical use of marijuana; provided, that the qualifying patient
29 cardholder possesses an amount of marijuana that does not exceed twelve (12) mature marijuana
30 plants which are accompanied by valid medical marijuana tags, two and one-half (2.5) ounces of
31 usable
marijuana
or its
equivalent amount, and an amount
of
wet marijuana
to be set
by
32 regulations
promulgated by the departments of health
and business regulation. Said
plants shall be
33 stored in an indoor facility.
1 shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or
2 privilege, including, but not limited to, civil penalty or disciplinary action by a business or
3 occupational or professional licensing board or bureau, for the possession of marijuana; provided
4 that the authorized purchaser possesses an amount of marijuana that does not exceed two and
5 one-half (2.5) ounces of usable marijuana or its equivalent amount and this marijuana was
6 purchased legally from a compassion center for the
use
of their designated qualifying patient.
7 (b)(c) A qualifying patient cardholder, who
has in
his or her
possession a registry
8 identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied
9 any right or privilege, including, but not limited to, civil penalty or disciplinary action by a
10 business or
occupational or professional
licensing
board or
bureau, for selling,
giving, or
11 distributing on or before December 31, 2016 to a compassion center cardholder marijuana of the
12 type, and in an amount not to exceed, that set forth in subsection (a) above, that he or she has
13 cultivated or manufactured pursuant to this
chapter,
to a
compassion center cardholder.
14 (c)(d) No school, employer, or landlord may refuse to enroll, employ, or lease to, or
15 otherwise
penalize,
a person
solely for his or her status as a cardholder. Provided, however, due to
16 the safety and welfare concern for other tenants, the property, and the public, as a whole, a
17 landlord may have the discretion not to lease, or continue to lease, to a cardholder who cultivates
18 marijuana in the leased premises.
19 (d)(e) A primary caregiver
cardholder, who has in his or
her possession, a registry
20 identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied
21 any right or privilege, including, but not limited to, civil penalty or disciplinary action by a
22 business or occupational or professional
licensing
board or bureau, for assisting
a
patient
23 cardholder, to whom he or she is connected through the department's department of health's
24 registration process, with the medical use of marijuana; provided, that the primary caregiver
25 cardholder possesses an amount of marijuana that does not exceed twelve (12) mature marijuana
26 plants which are
accompanied by
valid medical marijuana
tags, and two and one-half (2.5) ounces
27 of usable marijuana or its equivalent amount and an amount of wet marijuana set in regulations
28 promulgated by the departments of health and business regulation for each qualified patient
29 cardholder to whom he or she is connected through the department's department of health's
30 registration process.
31 (e)(f) A qualifying patient cardholder shall be allowed to possess a reasonable amount of
32 unusable marijuana, including up to twelve (12) seedlings which are accompanied by valid
33 medical marijuana tags. , that shall not be counted toward the limits in this section A primary
1 including up to twenty-four (24) seedlings which are accompanied by valid medical marijuana
2 tags and an amount of wet marijuana set in regulations promulgated by the departments of health
3 and business regulation.
4 (f)(g) There shall exist a presumption that a cardholder is engaged in the medical use of
5 marijuana if the
cardholder:
6 (1) Is in possession
of a registry identification card; and
7 (2) Is in possession of an amount of marijuana that does not exceed the amount permitted
8 under this chapter. Such
presumption
may be rebutted by
evidence that conduct
related
to
9 marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical
10 condition or
symptoms
associated with the
medical condition.
11 (g)(h) A primary caregiver cardholder may receive reimbursement for costs associated
12 with assisting a qualifying patient cardholder's medical use of marijuana. Compensation shall not
13 constitute
sale of controlled substances.
14 (h)(i) A natural person primary caregiver cardholder, who has in his or her possession a
15 registry identification card, shall not be subject to arrest, prosecution, or penalty in any manner,
16 or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action
17 by a business or occupational or professional licensing board or bureau, for selling, giving, or
18 distributing
on or before December 31, 2016 to a compassion center cardholder, marijuana of the
19 type, and in an amount not to exceed that, set forth in subsection (d) above,
to a compassion
20 center cardholder if:
21 (1) The natural person primary caregiver cardholder cultivated the marijuana pursuant to
22 this
chapter, not to
exceed the limits
of paragraph (de) above; and
23 (2) Each qualifying patient cardholder the
primary caregiver cardholder is
connected with
24 through the department's department of health's registration
process has been
provided
an
25 adequate amount of the marijuana to meet his or her medical needs, not to exceed the limits of
26 subsection (a) above.
27 (i)(j) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner,
28 or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action
29 by the Rhode Island board of medical licensure and discipline, or by any other business or
30 occupational or professional licensing board or bureau solely for providing written certifications,
31 or for otherwise stating that, in the practitioner's professional opinion,
the
potential benefits of the
32 medical marijuana would likely outweigh the
health risks for a patient.
33 (j)(k) Any interest in, or right to, property that is possessed, owned, or used in connection
34 with the medical use of marijuana,
or
acts incidental to such
use,
shall not be forfeited.
1 (k)(l) No person shall be subject to arrest or prosecution for constructive possession,
2 conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the
3 presence or vicinity of the medical use of marijuana as permitted under this chapter, or for
4 assisting a qualifying patient cardholder with
using or administering marijuana.
5 (l)(m) A practitioner, nurse, nurse practitioner, physician's assistant, or pharmacist shall
6 not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege,
7 including, but not limited to, civil penalty or disciplinary action by a business or occupational or
8 professional licensing
board or bureau
solely for discussing
the benefits or health
risks of medical
9 marijuana or its
interaction with other substances
with a patient.
10 (m)(n) A qualifying patient
or
primary
caregiver registry identification
card,
or
its
11 equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia, to
12 permit the medical use of marijuana by a patient with a debilitating medical condition, or to
13 permit a person to assist with the medical use of marijuana by a patient with a debilitating
14 medical condition, shall have the same force and effect as a registry identification card
issued by
15 the department.
16 (n)(o) Notwithstanding the provisions of § 21-28.6-4(d) or § 21-28.6-4(e), no primary
17 caregiver cardholder, other than a compassion center, shall possess an amount of marijuana in
18 excess of twenty-four (24) mature marijuana plants which are accompanied by valid medical
19 marijuana tags and five (5) ounces of usable marijuana or its equivalent and an amount of wet
20 marijuana set in regulations
promulgated by
the
departments of health and business regulation for
21 patient cardholders to whom he or she is connected through the department's department of
22 health's registration process.
23 (o)(p) A qualifying
patient
or
primary
caregiver cardholder
may give
marijuana
to
24 another
qualifying
patient or primary
caregiver cardholder to whom they are not connected by
the
25 department's registration process, provided that no consideration is paid for the marijuana, and
26 that the
recipient does not exceed the limits specified
in § 21-28.6-4.
27 (q) Qualifying patient cardholders and primary caregiver cardholders electing to grow
28 marijuana
shall
only
grow at one premises, and this premises shall be registered with the
29 department of health.
Except for
compassion
centers, cooperative
cultivations and licensed
30 cultivators, no more than twenty-four (24) mature marijuana plants which are accompanied by
31 valid medical marijuana tags shall be grown or otherwise located at any one dwelling unit or
32 commercial unit. The number of qualifying patients or primary caregivers residing, owning,
33 renting, growing or otherwise operating at a dwelling or commercial unit does not affect this
34 limit. The department of health shall promulgate regulations to enforce this provision.
1 (p)(r) For the purposes of medical care, including organ transplants, a
patient cardholder's
2 authorized use of marijuana shall be considered the equivalent of the authorized use of any other
3 medication used at the direction of a physician, and shall not constitute the use of an illicit
4 substance.
5 (s) Notwithstanding
any
other
provisions
of
the general laws,
the manufacture
of
6 marijuana
using a solvent extraction
process that includes the
use of a compressed,
flammable
gas
7 as a solvent by a patient cardholder or primary caregiver cardholder shall not be subject to the
8 protections of this chapter.
9 21-28.6-5. Department to issue regulations Department of health to issue
10 regulations. -- (a) Not later than ninety (90) days after the effective date of this chapter, the
11 department of health shall promulgate
regulations
governing the manner in which it shall consider
12 petitions from the public to add debilitating medical conditions to those included in this chapter.
13 In considering such petitions,
the department of health shall include public notice of, and an
14 opportunity to comment in a public hearing, upon such petitions. The department
of health shall,
15 after hearing, approve or deny such petitions within one
hundred eighty (180) days
of submission.
16 The approval or denial of such a petition shall be considered a final department of health action,
17 subject to judicial review. Jurisdiction and venue for judicial review are vested in the superior
18 court. The denial of a petition shall not disqualify qualifying patients with that condition, if they
19 have a debilitating medical condition as defined in subdivision 21-28.6-3(3)(7). The denial of a
20 petition
shall not prevent a person
with
the
denied condition from raising an
affirmative
defense.
21 (b) Not later than ninety (90) days after the effective date of this chapter, the department
22 of health shall
promulgate regulations governing the
manner in
which
it shall consider
23 applications for and renewals of registry identification cards for qualifying patients, and
primary
24 caregivers, and authorized purchasers. The
department of health's regulations shall
establish
25 application and renewal
fees that generate revenues
sufficient
to offset
all expenses of
26 implementing and administering this chapter. The department
of health may vary the application
27 and renewal fees along a sliding scale that accounts for a qualifying patient's or caregiver's
28 income. The department of health may accept donations from private sources in order to reduce
29 the application and
renewal fees.
30 21-28.6-6. Administration of department of health regulations. -- (a) The department
31 of health shall issue registry identification cards to qualifying patients who submit the following,
32 in accordance
with
the
department's
regulations:
33 (1) Written certification as defined in
§ 21-28.6-3(15)(24)
of this chapter;
34 (2) Application or renewal fee;
1 (3) Name, address, and date of birth of the qualifying patient; provided, however, that if
2 the patient is homeless, no address is required;
3 (4) Name,
address, and telephone number of the
qualifying patient's
practitioner; and
4 (5) Whether the patient elects
grow medical marijuana plants for himself or herself; and
5 (5)(6) Name, address, and date of birth of
each one primary caregiver of the qualifying
6 patient
and one authorized purchaser for the
qualifying patient, if any.
7 (b) The department
of health shall not issue a registry identification card to a qualifying
8 patient under the age
of
eighteen (18) unless:
9 (1) The qualifying patient's practitioner has explained the potential risks and benefits of
10 the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having
11 legal custody of the qualifying patient; and
12 (2) A parent, guardian,
or person having legal custody consents in
writing to:
13 (i) Allow the qualifying patient's medical use of marijuana;
14 (ii) Serve as one of the qualifying patient's primary caregivers or authorized purchaser;
15 and
16 (iii)
Control the
acquisition
of the marijuana,
the dosage, and the
frequency of the
17 medical use
of marijuana by the
qualifying patient.
18 (c) The department
of health shall verify the information contained in an application or
19 renewal submitted pursuant to this section, and shall approve or deny an application or renewal
20 within
fifteen (15) thirty-five (35) days of receiving it. The department may deny an application
21 or renewal only if the applicant did not provide the information required pursuant to this section,
22 or if the department determines that the information provided was falsified. Rejection of an
23 application or renewal
is considered a final
department
action,
subject to
judicial review.
24 Jurisdiction and venue for judicial review are vested in the
superior court.
25 (d) If the qualifying patient’s practitioner notifies the department in a written statement
26 that the qualifying patient is eligible for hospice care or chemotherapy, the department of health
27 shall give priority to these
applications when
verifying the information in accordance with
28 subsection
(c) of this section. Effective January
1, 2017, the department of health
shall approve or
29 deny a registry identification card to these qualifying patients within five (5) days of receipt of an
30 application. The department of health may identify through regulation a list of other conditions
31 qualifying a patient for expedited
application
processing.
32 (d)(e) The department
of health shall issue a registry identification card to each the
33 qualifying patient
cardholder's primary caregiver, if any, who
is named in
a the qualifying
34 patient's approved application., up to a maximum of two (2) primary caregivers per qualifying
1 patient.
2 (1) The primary caregiver applicant shall apply to the bureau of criminal identification of
3 the department of attorney general, department of public safety division of state police, or local
4 police department for a national criminal records check that shall include fingerprints submitted
5 to the Federal Bureau of Investigation. Upon the discovery of any disqualifying information as
6 defined in
§ 21-28.6-6(d)(4) §21-28.6-6(e)(4), and in accordance with the rules promulgated by
7 the director,
the bureau
of
criminal identification
of
the
department
of attorney general,
8 department of public safety division of state police, or the local police department shall inform
9 the applicant, in writing, of the nature of the disqualifying information; and, without disclosing
10 the nature of
the
disqualifying information, shall notify
the department,
in writing, that
11 disqualifying information has been discovered.
12 (2) In those situations in which no disqualifying information has been found, the bureau
13 of criminal identification of the department of attorney general, department of public safety
14 division of state police, or the local police shall inform the applicant and the department, in
15 writing, of this
fact.
16 (3) The department
of health shall maintain on file evidence that a criminal records check
17 has been initiated
on all applicants
seeking a
primary caregiver registry identification
card
and the
18 results of the checks. The primary caregiver cardholder shall not be required to apply for a
19 national criminal
records check
for each
patient
he
or
she
is connected to
through
the
20 department's registration process, provided that he or she has applied for a national criminal
21 records check within the previous two (2) years in accordance with this chapter. The department
22 shall not require a primary caregiver cardholder to apply for a national criminal records check
23 more
than once every two (2) years.
24 (4) Information produced by a national criminal records check pertaining to a conviction
25 for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act"),
26 murder, manslaughter, rape, first-degree sexual assault, second-degree sexual assault, first-degree
27 child molestation, second-degree child molestation, kidnapping, first-degree arson, second-degree
28 arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon,
29 assault or battery involving grave bodily injury, and/or assault with intent to commit any offense
30 punishable as a felony
or a similar offense from any
other jurisdiction shall result in a letter to the
31 applicant and the department
of health disqualifying the applicant. If disqualifying information
32 has been found, the department may use its discretion to issue a primary caregiver registry
33 identification card if the applicant's connected patient is an immediate family member and the
34 card is restricted to that patient only.
1 (5) The primary caregiver applicant shall be responsible for any expense associated with
2 the national criminal records check.
3 (6) For purposes of
this section
"conviction"
means, in
addition
to judgments
of
4 conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances
5 where the defendant has entered a plea of nolo contendere and has received a sentence of
6 probation and those instances where a defendant has entered into a deferred sentence agreement
7 with the
attorney general.
8 (e)(f)(i) On or before December 31, 2016, the The department of health shall issue
9 registry identification cards within five (5)
business days of approving an application or renewal
10 that shall expire two (2) years
after the date
of issuance.
11 (ii) Effective January 1, 2017 and thereafter, the department of health shall issue registry
12 identification cards within
five (5) business days of approving an application or renewal
that shall
13 expire one year after the date of issuance.
14 (iii) Registry identification cards
shall contain:
15 (1) The
date
of
issuance and
expiration
date
of
the registry identification
card;
16 (2) A random registry identification
number;
17 (3) A photograph; and
18 (4) Any additional information
as required by regulation or the department of health.
19 (f)(e) Persons issued registry identification cards by the department of health shall be
20 subject to the following:
21 (1) A
qualifying patient cardholder shall notify the department
of health of any change in
22 the patient cardholder's his or her name, address,
or primary caregiver, or authorized purchaser; or
23 if he or she ceases to have his or her debilitating medical condition, within ten (10) days of such
24 change.
25 (2) A
qualifying patient cardholder who fails to notify the department of health of any of
26 these changes is responsible for a civil infraction, punishable by a fine of no more than one
27 hundred fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating
28 medical condition, the card shall be deemed null and void and the person shall be liable for any
29 other penalties that may apply to the person's
nonmedical use of marijuana.
30 (3) A primary caregiver cardholder or
authorized purchaser compassion center cardholder
31 shall notify the department of
health of any change in his or her name or address within ten (10)
32 days of such change. A primary caregiver cardholder or authorized purchaser compassion center
33 cardholder who fails to notify the department of any of these changes is responsible for a civil
34 infraction, punishable by a fine of no more than one hundred fifty dollars ($150).
1 (4) When a qualifying patient cardholder or primary caregiver cardholder notifies the
2 department of health of any changes listed in this subsection, the department of health shall issue
3 the qualifying patient cardholder
and
each primary caregiver cardholder a new registry
4 identification card within ten (10) days of receiving the updated information and a ten-dollar
5 ($10.00) fee. When a compassion center cardholder notifies the department of any changes listed
6 in this subsection, the department shall issue the cardholder a new registry identification card
7 within ten (10) days of receiving the updated
information and a
ten-dollar ($10.00) fee.
8 (5) When a
qualifying patient cardholder changes
his
or her primary caregiver or
9 authorized purchaser, the department
of health shall notify the primary caregiver cardholder or
10 authorized purchaser within ten (10) days. The primary caregiver's protections as provided in this
11 chapter shall expire ten (10)
days after
notification.
If the
primary caregiver cardholder or
12 authorized purchaser is connected to no other qualifying patient cardholders in the
program, he or
13 she must return
his
or
her registry identification card to the
department.
14 (6) If a cardholder
or authorized purchaser loses his or her registry identification card, he
15 or she shall notify the department and submit a ten dollar ($10.00) fee within ten (10) days of
16 losing the card. Within five (5) days, the department shall issue a new registry identification card
17 with
new random identification number.
18 (7) Effective
January 1, 2019, if
a
patient cardholder chooses to
alter his
or
her
19 registration with regard
to the
growing of medical marijuana for himself or herself, he
or she shall
20 notify the department prior to the purchase of medical marijuana tags or the growing of medical
21 marijuana plants.
22 (7)(8) If a cardholder or authorized purchaser willfully violates any provision of this
23 chapter as determined by the
department,
his
or
her registry identification card
may
be revoked.
24 (g)(h) Possession of, or application for, a registry identification card shall not constitute
25 probable cause or reasonable suspicion, nor shall it be used to support the search of the person or
26 property of the person possessing or applying for the registry identification card, or otherwise
27 subject the person or property of the person to inspection
by any governmental agency.
28 (h)(i)(1) Applications
and
supporting information submitted by qualifying
patients,
29 including information regarding their primary caregivers, authorized purchaser and practitioners,
30 are confidential and protected under the federal Health Insurance Portability and Accountability
31 Act of 1996, and
shall be exempt from the
provisions of chapter 2 of title 38 et
seq. (Rhode Island
32 access to public records act) and not subject to disclosure, except to authorized employees of the
33 department of health as necessary to perform official duties of the department, and pursuant to
34 subsection (i)(j) of this section.
1 (2) The application for qualifying patient's registry identification card shall include a
2 question asking whether the patient would like the department of health to notify him or her of
3 any clinical studies about marijuana's risk or efficacy. The department of health shall inform
4 those patients who answer in the affirmative of any such studies it is notified of, that will be
5 conducted in Rhode Island. The department of health may also notify those patients of medical
6 studies conducted
outside of Rhode Island.
7 (3) The department of health shall maintain a confidential list of the persons to whom the
8 department
of health has issued registry
identification
cards. Individual names and other
9 identifying information on the list shall be confidential, exempt from the provisions of Rhode
10 Island access to public information, chapter 2 of title 38, and not subject to disclosure, except to
11 authorized employees of the department of health as necessary to perform official duties of the
12 department.
13 (i)(j) Notwithstanding subsection (h) of this section, the department
of health shall verify
14 to law enforcement personnel whether a registry identification card is valid solely by confirming
15 the random registry identification number or name. This verification may occur through the use
16 of shared database, provided that any confidential information in this database is protected in
17 accordance with §21-28.6-6(i)(1)
18 (j)(k) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a
19 one thousand dollar ($1,000) fine, for any person, including an employee or official of the
20 department departments of health, business regulation, public safety, or another state agency or
21 local government, to breach the confidentiality of information obtained pursuant to this chapter.
22 Notwithstanding this provision, the department employees may notify law enforcement about
23 falsified or fraudulent information submitted
to the department.
24 (k)(l) On or before January 1 the fifteenth day of the month following the end of each
25 quarter of the fiscal odd numbered year, the department of health shall report to the house
26 committee on health, education and welfare and to the senate committee on health and human
27 services governor, the speaker of the house of representatives, and the president of the senate on
28 applications for the use of marijuana for symptom relief. The report shall provide:
29 (1) The number
of applications for registry identification cards registration
as
a
30 qualifying
patient,
primary
caregiver, or authorized
purchaser
that have
been made
to the
31 department during the
preceding quarter, the number
of qualifying patients, and primary
32 caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions
33 of the qualifying patients, the number of registry identification cards registrations revoked, and
34 the
number and specializations, if
any, of practitioners
providing
written certification
for
1 qualifying patients;
2 (m) On or before September 30 of each year, the department of health shall report to t he
3 governor, the speaker of the house of representatives, and the president of the
senate on the
use of
4 marijuana for symptom relief. The report shall provide:
5 (1) The total number of applications for registration as a qualifying patient, primary
6 caregiver, or
authorized purchaser that have
been
made to
the
department, the
number
of
7 qualifying patients, primary caregivers, and authorized purchasers approved, the nature of the
8 debilitating medical conditions of the qualifying patients, the number of registrations revoked,
9 and the number and specializations, if any, of practitioners providing written certification for
10 qualifying patients;
11 (2) The number of active qualifying patient, primary caregiver, and authorized purchaser
12 registrations
as of June 30 of the preceding fiscal year;
13 (2)(3) An evaluation of the costs permitting the use of marijuana for symptom relief,
14 including any costs to law enforcement agencies and
costs
of
any litigation;
15 (3)(4) Statistics regarding the number
of
marijuana-related prosecutions against
16 registered
patients
and
caregivers, and
an analysis
of
the facts underlying those prosecutions;
17 (4)(5) Statistics regarding the number of prosecutions against physicians for violations of
18 this
chapter; and
19 (5)(6) Whether the United States Food and Drug Administration has altered its position
20 regarding the use of marijuana for medical purposes or has approved alternative delivery systems
21 for marijuana.
22 21-28.6-9. Enforcement. -- (a) If the department
of health fails to adopt regulations to
23 implement this chapter within one hundred twenty (120) days of the effective date of this act, a
24 qualifying patient may commence an action in a court of competent jurisdiction to compel the
25 department to perform the actions
mandated pursuant to
the provisions of this chapter.
26 (b) If the department of health or the department of business regulation fails to issue a
27 valid registry identification card in response to a valid application submitted pursuant to this
28 chapter within thirty-five (35) days of its submission, the registry identification card shall be
29 deemed granted and a copy of the registry identification application shall be deemed a valid
30 registry identification card.
31 (c) The department of health and the department of business regulation shall revoke and
32 shall not reissue the registry identification card or license of any cardholder or licensee who is
33 convicted
of;
placed on probation; whose case is filed pursuant to § 12-10-12 where the defendant
34 pleads nolo contendere; or whose case is deferred pursuant to § 12-19-19 where the defendant
1 pleads
nolo contendere for
any felony offense under
chapter 28
of title
21 ("Rhode
Island
2 Controlled Substances Act")
or a similar offense from any other jurisdiction.
3 (d) If a cardholder exceeds the possession limits set forth in §§ 21-28.6-4 or 21-28.6-14,
4 he or she shall be subject to arrest and prosecution under chapter 28 of title 21 ("Rhode Island
5 Controlled Substances Act").
6 21-28.6-12.
Compassion centers. -- (a)
A
compassion center registered under
this
7 section may
acquire,
possess, cultivate, manufacture,
deliver,
transfer,
transport,
supply, or
8 dispense marijuana,
or related supplies and
educational materials, to
registered
qualifying
patients
9 and their registered primary caregivers or authorized purchasers who have designated it as one of
10 their primary caregivers. A compassion center is a primary caregiver. Except as specifically
11 provided to the contrary, all provisions of the Edward O. Hawkins and Thomas C. Slater Medical
12 Marijuana Act, §§ 21-28.6-1 – 21-28.6-11, apply to a compassion center unless they conflict with
13 a provision contained in
§ 21-28.6-12.
14 (b) Registration of
compassion centers–authority
of
the departments of
health
and
15 business regulation authority:
16 (1) Not later than ninety (90) days after the effective date of this chapter, the department
17 of health shall
promulgate regulations governing the
manner in
which
it shall consider
18 applications for registration certificates for compassion centers,
including regulations governing:
19 (i) The form and content of registration and renewal applications;
20 (ii) Minimum oversight requirements for compassion centers;
21 (iii) Minimum record-keeping requirements for compassion
centers;
22 (iv) Minimum security requirements for compassion centers; and
23 (v) Procedures for suspending, revoking or terminating the registration of compassion
24 centers that violate the provisions of this section or the regulations promulgated pursuant to this
25 subsection.
26 (2) Within ninety (90) days of the effective date of this chapter, the department of health
27 shall begin accepting applications for the operation of a single compassion center.
28 (3) Within one hundred fifty
(150) days
of
the effective date
of
this chapter, the
29 department of health shall provide
for
at least one
public
hearing on the granting
of an application
30 to a single compassion center.
31 (4) Within one hundred ninety (190) days of the effective date of this chapter, the
32 department
of health shall grant a single registration certificate to a single compassion center,
33 providing at least one applicant has applied who
meets the requirements of this chapter.
34 (5) If at any time after fifteen (15) months after the effective date of this chapter, there is
1 no operational
compassion
center in
Rhode Island,
the department of health shall accept
2 applications, provide for
input
from
the public, and
issue
a
registration
certificate
for a
3 compassion center if a qualified
applicant exists.
4 (6) Within two (2) years of the effective date of this chapter, the department
of health
5 shall
begin
accepting
applications
to provide
registration
certificates for two (2)
additional
6 compassion centers. The department shall solicit input from the public, and issue registration
7 certificates if qualified applicants exist.
8 (7)(i) Any time a compassion center registration certificate is revoked, is relinquished, or
9 expires
on or before December 31, 2016, the department of health shall accept applications for a
10 new compassion center.
11 (ii) Any time a compassion center registration certificate is revoked, is relinquished, or
12 expires on or after January 1, 2017,
the department of business regulation shall accept
13 applications for a
new compassion center.
14 (8) If at any time after three (3) years after the effective date of this chapter and on or
15 before December 31, 2016, fewer than three (3) compassion centers are holding valid registration
16 certificates
in Rhode Island, the
department of health shall
accept
applications
for
a
new
17 compassion center. If at any time on or after January 1, 2017, fewer than three (3) compassion
18 centers are holding valid registration certificates in Rhode Island, the department of business
19 regulation shall accept applications for a new compassion center. No more
than three (3)
20 compassion centers may hold valid registration certificates at one time.
21 (9) Any compassion center application selected for approval by the department
of health
22 prior to January 1, 2012, on or before December 31, 2016 or selected for approval by the
23 department of business regulation on or after January 1, 2017, shall remain in full force and
24 effect, notwithstanding any provisions of this chapter to the contrary, and shall be subject to state
25 law adopted herein and rules and regulations adopted by the department departments of health
26 and business regulation subsequent to passage
of this legislation.
27 (c) Compassion center and agent applications and registration:
28 (1) Each application for a compassion
center shall include:
29 (i) A non-refundable application fee paid to the department in the amount of two hundred
30 fifty dollars ($250);
31 (ii) The proposed legal name and proposed articles of incorporation of the compassion
32 center;
33 (iii) The proposed physical address of the compassion center, if a precise address has
34 been determined, or, if not, the general location where it would be located. This may include a
1 second location for the cultivation
of
medical marijuana;
2 (iv) A description of the enclosed, locked facility that would be used in the cultivation of
3 marijuana;
4 (v) The name, address, and date of birth of each principal officer and board member of
5 the compassion center;
6 (vi) Proposed
security
and safety measures which shall include at least one
security alarm
7 system for each location, planned measures to deter and prevent the unauthorized entrance into
8 areas containing marijuana and the theft of marijuana, as well as a draft employee instruction
9 manual including security policies, safety and security procedures, personal safety and crime
10 prevention techniques; and
11 (vii) Proposed
procedures to
ensure accurate
record keeping;
12 (2)(i) For applications submitted on or before December 31, 2016, any Any time one or
13 more compassion center registration applications are being considered, the department
of health
14 shall also allow for comment by the public and shall solicit input from registered qualifying
15 patients, registered primary caregivers; and the towns or cities where the applicants would be
16 located.
17 (ii) For applications
submitted on or after
January
1,
2017,
any
time one or more
18 compassion center registration applications are being considered, the department of business
19 regulation shall also allow for comment by the public and shall solicit input from registered
20 qualifying patients, registered primary caregivers; and the towns or cities where the applicants
21 would be located.
22 (3) Each time a compassion center certificate is granted, the decision shall be
based upon
23 the overall health needs
of qualified patients and the safety of the public, including, but not
24 limited to, the following factors:
25 (i) Convenience to patients from throughout the state of Rhode Island to the compassion
26 centers if the
applicant were approved;
27 (ii) The
applicants' applicant's ability to
provide
a
steady supply to
the registered
28 qualifying patients in the state;
29 (iii) The
applicants' applicant's experience running a non-profit or business;
30 (iv)
The interests
of
qualifying
patients
regarding
which
applicant
be
granted a
31 registration certificate;
32 (v) The interests
of
the city or town where
the
dispensary would be located;
33 (vi) The sufficiency of the
applicant's
plans for record keeping and security, which
34 records shall be considered confidential health care information under Rhode Island law and are
1 intended to be deemed protected health care information for purposes of the Federal Health
2 Insurance
Portability and Accountability Act of 1996, as amended; and
3 (vii) The sufficiency of the applicant's plans for safety and security, including proposed
4 location,
security devices
employed,
and staffing;
5 (4) After a compassion
center is
approved, A compassion
center approved
by
the
6 department of health on or before December 31, 2016, but before it begins operations, it shall
7 submit the following to the department
before
it
may begin
operations:
8 (i) A fee paid to
the
department in
the
amount of five thousand dollars ($5,000);
9 (ii) The
legal name
and articles of incorporation of the compassion center;
10 (iii) The
physical address
of
the compassion
center; this may include a second address
for
11 the secure
cultivation
of
marijuana;
12 (iv) The name, address, and date of birth of each principal officer and board member of
13 the compassion center;
14 (v) The name, address, and
date
of birth of any
person who will be an agent of, employee
15 or volunteer of the compassion center at its inception.
16 (5) A compassion center approved by the department of business regulation on or after
17 January 1,
2017 shall submit the following to
the
department before it may begin operations:
18 (i) A fee paid to
the
department in
the
amount of five thousand dollars ($5,000);
19 (ii) The legal name and
articles of incorporation of the compassion center;
20 (iii) The physical address of the compassion
center; this may include a second address
for
21 the secure
cultivation
of
marijuana;
22 (iv) The name, address, and date of birth of each principal officer and board member of
23 the compassion center;
24 (v) The name, address, and
date
of birth of any
person who will be an agent of, employee
25 or volunteer of the compassion center at its inception;
26 (5) The department shall track
the
number of registered qualifying
patients who designate
27 each compassion center as a primary caregiver, and issue a written statement to the compassion
28 center of the number of qualifying patients who have designated the compassion center to serve
29 as a primary caregiver for them. This statement shall be updated each time a new registered
30 qualifying patient designates the compassion center or ceases to designate the compassion center
31 and may be transmitted electronically if the department's regulations so provide. The department
32 may provide by regulation that the updated written statements will not be issued more frequently
33 than twice each
week;
34 (6) Except as provided in subdivision (7), the department of health or the department of
1 business regulation shall
issue each
principal officer, board member, agent, volunteer and
2 employee of a compassion center a registry identification card or renewal card within ten (10)
3 days of after receipt of the
person's name, address, date of birth; a
fee
in an amount established
by
4 the department
of health or the department business regulation; and notification to the department
5 of health or the department of business regulation by the
department of public safety division of
6 state police that the registry identification card applicant has not been convicted of a felony drug
7 offense or has not entered a plea of nolo contendere for a felony drug offense and received a
8 sentence of probation. Each card shall specify that the cardholder is a principal officer, board
9 member,
agent,
volunteer, or employee of a compassion
center and shall contain the following:
10 (i) The name, address, and date of birth of the principal officer, board member, agent,
11 volunteer or employee;
12 (ii) The
legal
name of the compassion
center to which the principal
officer, board
13 member,
agent,
volunteer or employee is affiliated;
14 (iii) A random identification
number that is
unique to the
cardholder;
15 (iv) The
date
of issuance and expiration
date
of
the registry identification
card; and
16 (v) A photograph, if the department of health or the department of business regulation
17 decides to
require one;
18 (7) Except as provided in this subsection, neither the department of health
nor the
19 department of business regulation shall not issue a registry identification card to any principal
20 officer, board member, agent, volunteer, or employee of a compassion center who has been
21 convicted of a felony drug offense or has entered a plea of nolo contendere for a felony drug
22 offense and received a sentence of probation. The department shall notify the compassion center
23 If a registry identification card is denied, the compassion center will be notified in writing of the
24 purpose for denying the registry identification card. The department may grant such person a A
25 registry identification card may be granted if the department determines that the offense was for
26 conduct that occurred prior to the enactment of the Edward O. Hawkins and Thomas C. Slater
27 Medical Marijuana Act or that was prosecuted by an authority other than the state of Rhode
28 Island and for which the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act
29 would
otherwise have
prevented a
conviction;
30 (i) All registry identification card applicants shall apply to the department of public
31 safety division of state police for a national criminal identification records check that shall
32 include fingerprints submitted to the federal bureau of investigation. Upon the discovery of a
33 felony drug offense conviction or a plea of nolo contendere for a felony drug offense with a
34 sentence of probation, and in
accordance with
the
rules promulgated by the director department of
1 health and the department of business regulation, the department of public safety division of state
2 police shall inform the applicant, in writing, of the nature of the felony and the department of
3 public safety division of state police shall notify the department of health or the department of
4 business regulation, in writing, without disclosing the nature of the felony, that a felony drug
5 offense conviction or a plea of nolo contendere for a felony drug offense with probation has been
6 found.
7 (ii) In
those
situations in
which no
felony drug offense
conviction or plea of nolo
8 contendere for a felony drug offense with probation has been found, the department of public
9 safety division of state police shall inform the applicant and the department of health or the
10 department of business
regulation, in writing,
of this
fact.
11 (iii)
All registry
identification
card
applicants shall be responsible for
any
expense
12 associated with the criminal background
check with fingerprints.
13 (8) A registry identification card of a principal officer, board member, agent, volunteer,
14 or employee shall expire one year after its issuance, or upon the expiration of the registered
15 organization's registration certificate, or upon the termination of the principal officer, board
16 member, agent, volunteer or employee's relationship with the compassion center, whichever
17 occurs first.
18 (9) A compassion
center
cardholder
shall
notify
and
request approval
from
the
19 department of business regulation of any change in his or her name or address within ten (10)
20 days of such change. A compassion center cardholder who fails to notify the department of
21 business regulation of any of these changes is responsible for a civil infraction, punishable by a
22 fine of no
more
than
one hundred fifty dollars ($150).
23 (10) When a
compassion center cardholder notifies the department of
health or the
24 department of business regulation of any changes listed in this subsection, the department shall
25 issue the cardholder a new registry identification card within ten (10) days of receiving the
26 updated information and
a ten-dollar ($10.00) fee.
27 (11) If a compassion center cardholder loses his or her registry identification card, he or
28 she shall notify the
department of health
or the department of business regulation and submit a ten
29 dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department
30 shall issue
a new registry identification
card
with
new random identification number.
31 (12) On or before December 31, 2016, a compassion center cardholder shall notify the
32 department of health of any disqualifying criminal convictions as defined in §21-28.6-12(c)(7).
33 The department of health may choose to suspend and/or revoke his or her registry identification
34 card after such notification.
1 (13) On
or after
January
1,
2017,
a
compassion
center cardholder
shall
notify
the
2 department of business regulation of any disqualifying criminal convictions as defined in §21-
3 28.6-12(c)(7). The department of business regulation may choose to suspend and/or revoke his or
4 her registry identification card after such
notification.
5 (14) If
a
compassion
center
cardholder violates any provision of
this chapter
or
6 regulations promulgated hereunder as determined by the departments of health and business
7 regulation, his or her registry identification card may be
suspended and/or revoked.
8 (d) Expiration or termination
of compassion center:
9 (1) On or before December 31, 2016, A a compassion center's registration shall expire
10 two (2) years after its registration certificate is issued.
On or after January 1, 2017, a compassion
11 center’s registration shall expire one
year after
its
registration certificate is
issued. The
12 compassion center may submit a renewal application beginning sixty (60) days prior to the
13 expiration of its
registration certificate;
14 (2) The department of health or the department of business regulation shall grant a
15 compassion center's renewal application within thirty (30) days of its submission if the following
16 conditions are all satisfied:
17 (i) The compassion center submits the materials required under subdivisions (c)(4) and
18 (c)(5), including a
five thousand
dollar ($5,000) fee;
19 (ii) The compassion center's registration has never been suspended for violations of this
20 chapter or regulations issued
pursuant to this
chapter;
and
21 (iii) The legislative oversight committee's report, if issued pursuant to subsection (4)(j),
22 department of health and the department of business regulation find indicates that the compassion
23 center is adequately providing patients with access to medical marijuana at reasonable rates;
and
24 (iv) The legislative oversight committee's report, if issued pursuant to subsection (4)(j),
25 does not raise serious concerns about the continued operation of the compassion center applying
26 for renewal.
27 (3) If the department of health or the department of business regulation determines that
28 any of the conditions listed in paragraphs (d)(2)(i) – (iv) (iii) have not been met, the department
29 shall begin an open application process for the operation of a compassion center. In granting a
30 new registration certificate, the department of health or the department of business regulation
31 shall consider factors listed in
subdivision (c)(3) of this section;
32 (4) The department
of health or the department of business regulation shall issue a
33 compassion
center one or more thirty (30) day
temporary registration certificates after
that
34 compassion
center's
registration
would otherwise
expire if
the
following
conditions are
all
1 satisfied:
2 (i) The compassion center previously applied for a renewal, but the department had not
3 yet come to
a decision;
4 (ii) The
compassion center requested
a temporary registration certificate; and
5 (iii)
The compassion
center
has not
had
its
registration certificate revoked
due
to
6 violations of this chapter or regulations issued
pursuant to
this chapter.
7 (5) A compassion center's registry identification card shall be subject to revocation if the
8 compassion center:
9 (i) Possesses an amount of marijuana exceeding the limits established
by this
chapter;
10 (ii) Is in
violation
of
the laws of this state;
11 (iii) Is
in violation of other departmental regulations; or
12 (iv) Employs or enters into a business relationship with a medical practitioner who
13 provides written certification of a qualifying patient's
medical condition.
14 (e) Inspection. Compassion centers are subject to reasonable inspection
by the
department
15 of health, division of facilities regulation and the department of business regulation. During an
16 inspection, the departments may review the compassion center's confidential records, including
17 its dispensing records, which shall track transactions according to qualifying patients' registry
18 identification
numbers to protect their confidentiality.
19 (f) Compassion center requirements:
20 (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit
21 of its patients. A compassion center need not be recognized as a tax-exempt organization by the
22 Internal Revenue Services;
23 (2) A compassion center may not be located within one thousand feet (1000') of the
24 property line of a preexisting public
or
private school;
25 (3) On or before December 31, 2016, A a compassion center shall notify the department
26 of health within ten (10) days of when a principal officer, board member, agent, volunteer or
27 employee ceases to work at the compassion center.
On or after January 1, 2017, a compassion
28 center shall notify the department of business regulation within ten (10) days of when a principal
29 officer, board member,
agent,
volunteer or employee
ceases
to work at the compassion center. His
30 or her card shall be deemed
null
and void and the person shall be liable
for any penalties that may
31 apply to
any
nonmedical possession or use of marijuana by the person;
1 established by the department for a new registry identification card before that person begins his
2 or her relationship
with the compassion center;
3 (ii) On or after January 1, 2017,
a compassion center shall notify the department of
4 business regulation in writing
of the name, address, and date of birth of any
new principal officer,
5 board member, agent, volunteer or employee and shall submit a fee in an amount established by
6 the department
for
a
new
registry identification card before that person
begins
his or
her
7 relationship
with the compassion center;
8 (5) A compassion center shall implement appropriate security measures to deter and
9 prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and
10 shall insure that each location has an operational security alarm system. Each compassion center
11 shall request that the
Rhode Island department of public safety division of state police visit the
12 compassion center to
inspect
the security of the
facility and make any recommendations
13 regarding the security of the facility and its personnel within ten (10) days prior to the initial
14 opening of each compassion center.
Said recommendations shall not be binding
upon
any
15 compassion
center, nor
shall
the lack
of implementation
of said recommendations
delay
or
16 prevent the opening or operation of any center. If the Rhode Island department of public safety
17 division of state police do does not inspect the compassion center within the ten (10) day period
18 there
shall be no delay in the
compassion center's
opening.
19 (6) The operating documents of a compassion center shall include procedures for the
20 oversight of the
compassion
center and procedures to ensure
accurate record
keeping;
21 (7) A compassion center is prohibited from acquiring, possessing, cultivating,
22 manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any
23 purpose except to assist registered qualifying patients with the medical use of marijuana directly
24 or through
the
qualifying patient's other primary caregiver
or authorized
purchaser;
25 (8) All principal officers and board members of a compassion center must be residents of
26 the state of Rhode Island;
27 (9) Each time a new registered qualifying patient visits a compassion center, it shall
28 provide the patient with frequently asked questions sheet designed by the department, which
29 explains the
limitations on the right to use medical marijuana under state law;
30 (10) Effective July 1, 2016, each compassion center shall be subject to any regulations
31 promulgated by the department of health that specify how usable marijuana must be tested for
1 (10)(12) Each compassion center shall develop, implement, and maintain on the premises
2 employee, volunteer and agent policies and procedures to address the
following requirements:
3 (i) A job description or employment contract developed for all employees and agents and
4 a volunteer agreement for
all
volunteers,
which includes
duties, authority, responsibilities,
5 qualifications, and
supervision; and
6 (ii) Training in and adherence to state confidentiality laws.
7 (11)(13) Each compassion center shall maintain a personnel record for each employee,
8 agent and
volunteer that includes an
application
and a record of any disciplinary action taken;
9 (12)(14) Each compassion
center shall develop, implement, and maintain on the premises
10 an on-site training curriculum, or enter
into contractual relationships with outside resources
11 capable of meeting employee training needs, which includes, but is not limited to, the following
12 topics:
13 (i) Professional conduct, ethics, and patient confidentiality; and
14 (ii) Informational developments in the field of medical use of marijuana.
15 (13)(15) Each compassion center entity shall provide
each
employee, agent and
16 volunteer, at the time of his or her initial appointment, training in
the
following:
17 (i) The proper use
of security measures
and
controls that have
been adopted; and
18 (ii) Specific procedural
instructions on how to
respond to
an
emergency,
including
19 robbery or violent accident;
20 (14)(16) All compassion centers shall prepare training documentation for each employee
21 and volunteer and have employees and volunteers sign a statement indicating the date, time, and
22 place the employee and volunteer received said training and topics discussed, to include name
23 and title of presenters. The
compassion center shall maintain documentation of an
employee's and
24 a volunteer's training for a period of at least six (6) months after termination of an employee's
25 employment or the
volunteer's
volunteering.
26 (g) Maximum amount of usable marijuana
to be dispensed:
27 (1) A compassion
center or principal
officer, board member,
agent,
volunteer or
28 employee of a compassion center may not dispense more than two and one
half ounces
(2.5 oz) of
29 usable marijuana
or its equivalent to a qualifying patient directly or through a qualifying patient's
30 other primary caregiver or authorized
purchaser during a
fifteen (15) day period;
31 (2) A compassion
center or principal
officer, board member,
agent,
volunteer or
32 employee of a compassion center may not dispense an amount of usable marijuana, or marijuana
1 compassion center, principal officer, board member, agent, volunteer, or employee knows would
2 cause the recipient to possess more marijuana than is permitted under the Edward O. Hawkins
3 and Thomas C. Slater Medical Marijuana Act.
4 (3) Compassion centers shall utilize a database administered by the departments of health
5 and business
regulation.
The database shall contains all compassion centers’ transactions
6 according to
qualifying patients',
authorized
purchasers’
and
primary
caregivers, registry
7 identification numbers to protect the confidentiality of patient personal and medical information.
8 Compassion centers will not have access to any applications or supporting information submitted
9 by qualifying patients, authorized purchasers or primary caregivers. Before dispensing marijuana
10 to any patient or authorized purchaser, the compassion center must utilize the database to ensure
11 that a qualifying patient is not dispensed more than two and one half ounces (2.5 oz.) of usable
12 marijuana or its equivalent
directly or
through the qualifying patient's primary caregiver
or
13 authorized
purchaser during a
fifteen (15) day period.
14 (h) Immunity:
15 (1) No registered compassion center shall be subject to prosecution; search, except by the
16 departments pursuant to subsection (e); seizure; or penalty in any manner or denied any right or
17 privilege, including, but not limited to,
civil
penalty or disciplinary action by a business,
18 occupational, or professional licensing board or entity, solely for acting in accordance with this
19 section to assist registered qualifying patients to whom it is connected through the department's
20 registration process
with
the
medical use of marijuana;
21 (2) No registered compassion center shall be subject to prosecution; seizure or penalty in
22 any manner or denied any right or privilege, including, but not limited to, civil penalty or
23 disciplinary action by a business, occupational, or professional licensing board or entity, for
24 selling, giving or distributing marijuana in whatever form and within the limits established by the
25 department of health or the department of business regulation to another registered compassion
26 center;
27 (3) No principal officers, board members,
agents, volunteers, or employees
of a registered
28 compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any
29 manner or denied any right or privilege, including, but not limited to, civil penalty or disciplinary
30 action by a business, occupational, or professional licensing board or entity, solely for working
31 for or with
a compassion center to engage
in acts permitted
by this section.
32 (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or
33 denied any right or privilege, including, but not limited to, civil penalty, disciplinary action,
1 the scope of his
or her employment regarding the
administration,
execution and/or enforcement of
2 this
act, and the provisions of Rhode
Island
general
laws,
§§
9-31-8
and
9-31-9
shall be
3 applicable to this section.
4 (i) Prohibitions:
5 (1) A compassion
center
must limit
its
inventory of seedlings,
plants,
and usable
6 marijuana to reflect the projected needs
of registered qualifying patients.
7 (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a
8 person other than a qualifying patient who has designated the compassion center as a or to such
9 patient's primary caregiver or to such patient's other primary caregiver authorized purchaser;
10 (3) A person found to have violated paragraph (2) of this subsection may not be an
11 employee, agent, volunteer, principal officer,
or
board member of any compassion center;
12 (4) An employee, agent, volunteer, principal officer or board member of any compassion
13 center found in violation of paragraph (2) above shall have his or her registry identification
14 revoked immediately; and
15 (5) No person who has been convicted of a felony drug offense or has entered a plea of
16 nolo contendere for a felony drug offense with a sentence or probation may be the principal
17 officer, board member, agent, volunteer,
or
employee of a compassion
center
unless the
18 department has determined that the person's conviction was for the medical use of marijuana or
19 assisting with the medical use of marijuana in accordance with the terms and conditions of this
20 chapter. A person who is employed by or is an agent, volunteer, principal officer, or board
21 member of a compassion center in violation of this section is guilty
of a
civil violation
punishable
22 by a fine of up to one thousand dollars ($1,000). A subsequent violation of this section is a
23 misdemeanor:
24 (j) Legislative oversight committee:
25 (1) The
general assembly shall appoint a
nine
(9)
member oversight committee comprised
26 of: one member of the house of representatives; one member of the senate; one physician to be
27 selected from a list provided by
the
Rhode Island
medical society; one nurse to be selected from a
28 list provided by the Rhode Island state nurses association; two (2) registered qualifying patients;
29 one registered primary caregiver; one patient advocate to be selected from a list provided by the
30 Rhode Island patient advocacy coalition; and the superintendent of the department of public
31 safety Rhode Island
state
police or his/her designee.
32 (2) The oversight committee shall meet at least six (6) times per year for the purpose of
33 evaluating and making recommendations to the
general assembly regarding:
34 (i) Patients' access
to medical marijuana;
1 (ii) Efficacy of compassion
center centers;
2 (iii) Physician participation in the Medical Marijuana Program;
3 (iv) The
definition of qualifying
medical condition;
4 (v) Research studies
regarding health
effects
of medical marijuana for patients.
5 (3) On or before January 1 of every even numbered year, the oversight committee shall
6 report to the general assembly on its findings.
7 21-28.6-14.
Cooperative cultivations. -- (a)
Two
(2) or more qualifying patient or
8 primary caregiver cardholders
may cooperatively
cultivate
marijuana in
residential
or non-
9 residential locations subject to the
following restrictions:
10 (1) Effective January 1, 2017, cooperative cultivations shall apply to the department of
11 business regulation
for a license to
operate;
12 (2) A
registered patient or primary caregiver cardholder can only
cooperatively cultivate
13 in one location, including participation
in
a cooperative
cultivation;
14 (2)(3) No single location
may have
more
than one cooperative cultivation.
For the
15 purposes of this section, location means one structural building, not units within a structural
16 building.
17 (3)(4) The cooperative cultivation shall not be visible from the street or other public
18 areas;
19 (4)(5) A written acknowledgement of the limitations of the right to use and possess
20 marijuana
for medical purposes
in Rhode Island that
is signed
by
each cardholder
and is
21 displayed
prominently in the premises cooperative
cultivation.
22 (5)(6) Cooperative cultivations are restricted to
the
following possession limits:
23 (i) A non-residential, cooperative cultivation may have no more than ten (10) ounces of
24 usable marijuana or its equivalent and an amount of wet marijuana set in regulations promulgated
25 by the departments of health and business regulation, forty-eight (48) mature marijuana plants,
26 and twenty-four (24) forty-eight (48) seedlings.
27 (ii) A residential, cooperative cultivation may have no more than ten (10) ounces of
28 useable marijuana or its
equivalent and an amount
of wet marijuana
set in
regulations
29 promulgated
by the departments
of health and business regulation, twenty-four
(24) mature
30 marijuana plants, and
twelve (12) twenty-four (24) seedlings.
31 (iii) A non-residential or residential cooperative
cultivation must
have displayed
32 prominently on
the
premises its license issued by the
department of business regulation.
33 (iv) Every marijuana plant possessed by a cooperative cultivation must be accompanied
34 by a valid medical marijuana tag
issued by
the department of business regulation
pursuant to §21-
1 28.6-15. Each cooperative cultivation must purchase at least one medical marijuana tag in order
2 to remain
a licensed cooperative cultivation.
3 (v) Cooperative cultivations are subject to reasonable inspection by the department of
4 business regulation for the purposes of enforcing regulations promulgated pursuant to
this chapter
5 and all applicable Rhode
Island
general laws.
6 (6)(7) Cooperative cultivations must be inspected as
follows:
7 (i) A non-residential, cooperative cultivation must have displayed prominently on the
8 premises
documentation from the municipality where the
single location is located
that the
9 location and the cultivation has been inspected by the municipal building and/or zoning official
10 and the municipal fire department and is in compliance with any applicable state or municipal
11 housing and
zoning codes.
12 (ii) A residential
cooperative
cultivation must
have
displayed prominently on the
13 premises an affidavit by a licensed electrician that the cultivation has been inspected and is in
14 compliance with any applicable state or municipal housing and zoning codes for the municipality
15 where the cooperative
cultivation is
located.
16 (7)(8) Cooperative cultivations must report the location of the cooperative cultivation to
17 the department of public safety division of state police.
18 (8)(9) The reports provided to the
department of public safety division of state police in
19 subsection (8) of this section shall be confidential, but locations may be confirmed for law
20 enforcement purposes. The report of the location of the cooperative cultivation alone shall not
21 constitute
probable
cause for a
search of the
cooperative cultivation.
22 (10) The department of business regulation shall promulgate regulations governing the
23 licensing and operation of cooperative cultivations, and may promulgate regulations that set a fee
24 for a cooperative cultivation license.
25 (b) Any violation of any provision
of this section shall result in the immediate revocation
26 of the cardholder's
registry identification card of this chapter
or regulations
promulgated
27 hereunder as determined by the department
of business regulation may
result in
the
28 revocation/suspension of the cooperative
cultivation license.
29 SECTION 3. Chapter 21-28.6 of the General Laws
entitled
"The Edward O. Hawkins and
30 Thomas C. Slater Medical Marijuana Act"
is hereby amended by adding thereto the following
31 sections:
32 21-28.6-15. Medical Marijuana Plant Tags. -- (a) Effective January 1, 2017, every
33 marijuana plant, either mature or seedling, grown by a registered patient or primary caregiver
34 must be accompanied by a physical medical marijuana tag purchased through the department of
1 business regulation and issued by the department of health to qualifying patients and primary
2 caregivers or by the
department of business
regulation to licensed cultivators.
3 (1) The department of business regulation shall charge an annual fee for each medical
4 marijuana tag set which shall include one tag for a mature medical marijuana plant and one tag
5 for a seedling. If the required fee has not been paid, those medical marijuana tags shall be
6 considered expired and invalid. The
fee established by
the department of business
regulation shall
7 be in accordance with the following requirements:
8 (i) For patient cardholders authorized to grow medical marijuana by the department of
9 health, the fee per tag set shall not exceed twenty-five
dollars ($25);
10 (ii) For primary caregivers, the fee per tag set shall not exceed
twenty-five
dollars ($25);
11 (iii) For patients that qualify for reduced-registration due to income or disability status,
12 there shall be no fee
per
tag set;
13 (iv) For caregivers who provide care for a patient cardholder who qualifies for reduced-
14 registration due to income
or disability status, there shall be no fee
per
tag set; and
15 (v) For licensed
cultivators,
the fee
per tag
set shall be established
in regulations
16 promulgated by the department of business regulation.
17 (2) Effective January 1, 2017, the department of business regulation shall verify with the
18 department of health that all medical marijuana tag purchases are made by qualifying patient
19 cardholders or
primary
caregiver
cardholders.
The department
of
health shall provide this
20 verification according to
qualifying patients' and primary
caregivers’ registry identification
21 numbers and without providing access to
any applications or
supporting information
submitted by
22 qualifying patients to protect patient confidentiality;
23 (3) Effective January 1, 2019 and thereafter, the department of business regulation shall
24 verify with the department of health that all medical marijuana tag purchases are made by
25 registered
patient cardholders
who have notified
the department of health
of their election to
grow
26 medical marijuana or primary caregiver cardholders. The department of health shall provide this
27 verification according to
qualifying
patients'
and
primary caregivers’
registry
identification
28 numbers and without providing access to
any applications or
supporting information submitted by
29 qualifying patients to protect patient confidentiality;
30 (4) The department of business
regulation shall maintain information
pertaining
to
31 medical marijuana tags
and shall share
that information with the department of health.
32 (5) All primary caregivers shall purchase at least one medical marijuana tag for each
33 patient under their care and all patients growing medical marijuana for themselves shall purchase
34 at least one
medical marijuana tag.
1 (6) All licensed
cultivators shall purchase at least one medical marijuana tag.
2 (7) The departments
of business regulation
and
health
shall
jointly promulgate
3 regulations to establish a process by which medical marijuana tags may be returned to either
4 department. The department of business regulation may choose to reimburse a portion or the
5 entire amount of any fees paid for medical marijuana
tags
that
are subsequently returned.
6 (b) Enforcement:
7 (1) If a patient cardholder, primary caregiver cardholder or licensed cultivator violates
8 any provision of this chapter or the regulations promulgated hereunder as determined by the
9 departments of business regulation and health, his or her medical marijuana tags may be revoked.
10 In addition, the department that issued the cardholder’s registration or the license may revoke the
11 cardholder’s
registration or license pursuant to
§21-28.6-9.
12 (2) The department of business regulation shall revoke and shall not reissue medical
13 marijuana tags to any cardholder or licensee who is convicted of; placed on probation; whose
14 case is filed pursuant to §12-10-12 where the defendant pleads nolo contendere; or whose case is
15 deferred pursuant
to §12-19-19 where the
defendant pleads
nolo contendere for any
felony
16 offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act")
or a similar
17 offense from any other jurisdiction.
18 (3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation
19 or licensed cultivator is found to have mature marijuana plants without valid medical marijuana
20 tags, the department or health or department of business regulation shall impose an administrative
21 penalty on the patient cardholder, primary caregiver cardholder, licensed cooperative cultivation
22 or licensed cultivator for each untagged mature marijuana plant not in excess of the limits set
23 forth in
§21-28.6-4, §21-28.6-14 and §21-28.6-16 of no more than the
total fee that would be paid
24 by a cardholder or licensee who purchased medical marijuana tags for such plants in compliance
25 with this chapter.
26 (4) If
a
patient
cardholder,
primary
caregiver
cardholder,
or
licensed cooperative
27 cultivation is found to have mature marijuana plants exceeding the limits set forth in §21-28.6-4,
28 §21-28.6-14, and §21-28.6-16 in addition to any penalties that may be imposed pursuant to §21-
29 28.6-9, the
department of health or
department of business
regulation
may impose an
30 administrative penalty on that cardholder or license holder for each mature marijuana plant in
31 excess of the applicable statutory limit of no less than the total fee that would be paid by a
32 cardholder who purchased medical marijuana tags for such
plants in
compliance with this
chapter.
33 21-28.6-16. Licensed cultivators. --
(a) A licensed cultivator licensed under this section
34 may acquire, possess, cultivate, deliver, or transfer marijuana to licensed compassion centers. A
1 licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative
2 cultivation license. Except as specifically provided to the contrary, all provisions of the Edward
3 O. Hawkins and Thomas C. Slater Medical Marijuana Act, §§21-28.6-1 – 21-28.6-15, apply to a
4 licensed
cultivator unless they conflict with
a provision contained in
§21-28.6-16.
5 (b) Licensing
of
cultivators --
Department of business
regulation
authority.
-
The
6 department of business regulation shall promulgate regulations governing the manner in which it
7 shall consider applications for the licensing of cultivators, including regulations governing:
8 (1) The
form and
content of licensing and
renewal applications;
9 (2) Minimum oversight requirements for licensed cultivators;
10 (3) Minimum record-keeping requirements
for
cultivators;
11 (4) Minimum security requirements
for
cultivators; and
12 (5) Procedures for suspending, revoking or terminating the license of cultivators that
13 violate
the
provisions of this section or the
regulations promulgated pursuant to
this
subsection.
14 (c) A licensed cultivator license
issued by the department of business regulation shall
15 expire one year after it was issued and the licensed cultivator may apply for renewal with the
16 department in accordance with its regulations pertaining to licensed
cultivators.
17 (d) The department of business regulation shall promulgate regulations that govern how
18 many marijuana plants, how many marijuana seedlings, how much wet marijuana, and how much
19 usable marijuana a licensed
cultivator
may possess.
Every
marijuana plant possessed
by
a
20 licensed cultivator must be accompanied by valid medical marijuana tag
issued by
the
department
21 of business regulation
pursuant
to §21-28.6-15.
Each cultivator must
purchase at least
one
22 medical marijuana tag in order to remain
a licensed cultivator.
23 (e) Cultivators shall only sell marijuana to compassion centers. All marijuana possessed
24 by a cultivator in excess of the possession limit established pursuant to subsection (c) above shall
25 be under formal agreement to be purchased by a compassion center. If such excess marijuana is
26 not under formal agreement to
be purchased, the cultivator will have a period of time, specified
in
27 regulations promulgated by the department of business regulation, to sell or destroy that excess
28 marijuana. The department may suspend and/or revoke the cultivator’s license and the license of
29 any officer, director, employee
or agent
of
such cultivator
and/or impose
an administrative
30 penalty in accordance with such regulations promulgated by the department for any violation of
31 this section or the regulations. In
addition, any
violation of this
section or
the regulations
32 promulgated pursuant this subsection and subsection (d) above shall cause a licensed cultivator to
33 lose the protections described in §21-28.6-4(i) and may subject the licensed cultivator to arrest
34 and prosecution
under Chapter 28 of title 21
(the
Rhode
Island
Controlled
Substances
Act).
1 (f) Cultivators shall be subject to any regulations promulgated by the department of
2 health or department of business regulation that specify how marijuana must be tested for items
3 including but not limited to potency,
cannabinoid profile,
and contaminants;
4 (g) Cultivators shall be subject to any product labeling requirements promulgated by the
5 department of business
regulation and the
department of health;
6 (h) Cultivators
may not process marijuana
through
flammable
chemical
extraction.
7 Cultivators may process marijuana through an extraction process that does not include the use of
8 flammable compressed gas solvents, and that is permitted or approved by the department of
9 business regulation.
10 (i) Cultivators shall only be licensed to grow marijuana at a single location, registered
11 with the department of business regulation and the department of public safety. The department
12 of business regulation may promulgate regulations governing where cultivators are allowed to
13 grow. Cultivators
must abide by all local ordinances, including zoning ordinances.
14 (j) Inspection. Cultivators shall be subject to reasonable inspection by the department of
15 business regulation or the department
of
health for
the
purposes of enforcing regulations
16 promulgated pursuant to
this
chapter and all applicable Rhode Island general laws.
17 (k) The cultivator applicant shall apply to the bureau of criminal identification of the
18 department of attorney general, department of public safety division of state police, or local
19 police department for a national criminal records check that shall include fingerprints submitted
20 to the Federal Bureau of Investigation. Upon the discovery of any disqualifying information as
21 defined in §21-28.6-16(j)(2), and in accordance with the rules promulgated by the director of the
22 department of business regulation, the bureau of criminal identification of the department of
23 attorney general, department
of
public safety
division
of
state
police, or the
local
police
24 department shall inform the applicant, in writing, of the nature of the disqualifying information;
25 and, without disclosing the nature of the disqualifying information, shall notify the department of
26 business regulation,
in writing, that disqualifying information has
been discovered.
27 (1) In those situations in which no disqualifying information has been found, the bureau
28 of criminal identification of the department of attorney general, department of public safety
29 division of
state
police, or the
local
police
department shall inform the
applicant
and
the
30 department of business
regulation, in
writing, of this fact.
31 (2) Information produced by a national criminal records check pertaining to a conviction
32 for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a
33 sentence of probation shall result in a letter to the applicant and the department of business
34 regulation disqualifying the applicant.
1 (3) The cultivator applicant shall be responsible for any expense associated with the
2 national criminal records check.
3 (l) Persons issued cultivator licenses shall be subject to the following:
4 (1) A licensed
cultivator shall notify and request approval from
the department of
5 business regulation of any change in his or her name or address within ten (10) days of such
6 change. A cultivator who fails to notify the department of business regulation of any of these
7 changes is responsible for a civil infraction, punishable by a fine of no more than one hundred
8 fifty dollars
($150).
9 (2) When a licensed cultivator notifies the department of business regulation of any
10 changes listed in this subsection, the department of business regulation shall issue the cultivator a
11 new license after the department approves the changes and receives from the licensee payment of
12 a fee specified
in
regulation.
13 (3) If a licensed cultivator loses his or her license,
he or she shall notify
the
department of
14 business regulation and submit a fee specified in regulation within ten (10) days of losing the
15 license. The department of business regulation shall issue a new license with a new random
16 identification
number.
17 (4) A licensed
cultivator
shall
notify
the department of business
regulation of any
18 disqualifying criminal convictions as defined in §21-28.6-16(j)(2). The department of business
19 regulation may choose to
suspend and/or revoke his
or
her license
after such notification.
20 (5) If
a
licensed
cultivator
violates
any
provision
of
this
chapter
or
regulations
21 promulgated hereunder as determined by the department of business regulation, his or her license
22 may be suspended
and/or revoked.
23 (m) Immunity:
24 (1) No
licensed
cultivator shall be subject
to prosecution;
search,
except
by
the
25 departments pursuant to subsection (i); seizure; or penalty in any manner or denied any right or
26 privilege, including, but not limited to,
civil
penalty or disciplinary action
by
a
business,
27 occupational, or professional licensing board or entity, solely for acting in accordance with this
28 section to assist registered qualifying;
29 (2) No licensed cultivator shall be subject to prosecution; seizure or penalty in any
30 manner or denied any right or privilege, including, but not limited to, civil penalty or disciplinary
31 action by a business, occupational, or professional licensing board or entity, for selling, giving or
32 distributing marijuana in whatever form and within the limits established by the department of
33 business regulation
to
a registered compassion center;
34 (3) No principal officers, board members, agents, volunteers, or employees of a licensed
1 cultivator shall be subject to arrest, prosecution, search, seizure, or penalty in any manner or
2 denied any right or privilege,
including,
but not limited to,
civil penalty or disciplinary action by a
3 business, occupational, or professional licensing board or entity, solely for working for or with a
4 licensed
cultivator to engage
in acts permitted by this section.
5 (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or
6 denied any right or privilege, including, but not limited to, civil penalty, disciplinary action,
7 termination, or loss of employee or pension benefits, for any and all conduct that occurs within
8 the scope of his
or her employment regarding the
administration,
execution and/or enforcement of
9 this act, and
the
provisions of Rhode Island general laws, §§9-31-8 and 9-31-9 shall be applicable
10 to this section.
11 21-28.6-17. Revenue. -- Effective July 1, 2016, all fees collected by the departments of
12 health and business
regulation from applicants, registered patients, primary caregivers, authorized
13 purchasers, licensed cultivators and cooperative cultivations shall be placed in restricted receipt
14 accounts to
support the state's medical marijuana program.
15 SECTION
4.
Sections
42-14-1
and
42-14-2
of
the General
Laws in
Chapter
42-14
16 entitled "Department of Business Regulation" are
hereby amended
to
read as follows:
17 42-14-1. Establishment – Head of
department. -- There shall be a department
of
18 business regulation. The head of the department shall be the director of business regulation who
19 shall carry out, except as otherwise provided by this title, this chapter; chapters 1, 2, and 4 – 12,
20 inclusive, of title 3; chapters 3, 20.5, 38, 49, 52, 53 and 58 of title 5; chapter 31 of title 6; chapter
21 11 of title 7; chapters 1 – 29, inclusive, of title 19, except § 19-24-6; chapter 28.6 of title 21;
22 chapter 26 of title 23; chapters 1 – 36, inclusive, of title 27. The director of business regulation
23 shall also perform the duties required by any and all other provisions of the general laws and
24 public laws insofar as those provisions relate to the director of revenue and regulation, chief of
25 the division of banking and insurance, chief of the division of intoxicating beverages, and each of
26 the divisions, except as otherwise provided
by this title.
27 42-14-2. Functions of department. -- (a) It shall be the function of the department of
28 business regulation:
29 (1) To regulate and control banking and insurance, foreign surety companies, sale of
30 securities,
building and loan
associations, fraternal benefit and beneficiary societies;
31 (2) To
regulate
and
control
the
manufacture,
transportation,
possession,
and sale of
32 alcoholic
beverages;
33 (3) To license and regulate the manufacture and sale of articles of bedding, upholstered
34 furniture, and filling materials.;
1 (4) To regulate the licensing of compassion centers, licensed cultivators, and cooperative
2 cultivations pursuant to chapter 28.6
of
title 21of the general laws.
3 (b) Whenever any hearing
is required
or
permitted
to be held pursuant
to law
or
4 regulation of the department of business regulation, and whenever no statutory provision exists
5 providing that notice be given to interested parties prior to the hearing, no such hearing shall be
6 held without notice in writing being given at least ten (10) days prior to such hearing to all
7 interested parties. For purposes of this section, an "interested party" shall be deemed to include
8 the party subject to regulation hereunder, the Rhode Island consumers' council, and any party
9 entitled to appear at the hearing. Notice to the party that will be subject to regulation, the Rhode
10 Island consumers' council [Repealed], and any party who has made known his or her intention to
11 appear at the hearing shall be sufficient if it be in writing and mailed, first class mail, to the party
12 at his or her regular business address. Notice to the general public shall be sufficient hereunder if
13 it be by publication in a newspaper of general circulation in the municipality affected by the
14 regulation.
15 SECTION
5. This article shall take
effect as of July 1, 2016.
16
1 ARTICLE 15
=======
art.015/3
=======
2 RELATING TO LEASE AGREEMENT FOR LEASED OFFICE AND OPERATING SPACE
3 SECTION 1. This article consists of a Joint Resolution that is submitted pursuant to
4 Rhode Island General Laws §37-6-2 authorizing a lease agreement for office space and operating
5 space for the
Rhode Island Commission
for Human Rights.
6 SECTION
2. Commission for Human Rights, 180 Westminster Street, Providence.
7 WHEREAS, The Rhode Island Commission for Human Rights currently holds a lease
8 agreement with Dorwest Associates, LLC for approximately 9,912 square feet of office space
9 located at 180
Westminster Street in the
City of Providence; and
10 WHEREAS,
The State of
Rhode Island, acting
by
and
through the
Rhode
Island
11 Commission for Human Rights, attests to the fact that there are no clauses in the lease agreement
12 with Dorwest Associates, LLC that would
interfere with the Commission's lease agreement or use
13 of the
facility; and
14 WHEREAS, The current lease agreement expires on August 31, 2016, and the Rhode
15 Island
Commission for
Human
Rights
wishes to
renew the
lease agreement with Dorwest
16 Associates, LLC for a period of five (5) years, commencing on September 1, 2016 and expiring
17 on August 31, 2021; and
18 WHEREAS, The leased premises provide a central location from which the Rhode Island
19 Commission for Human Rights can serve the needs of state residents and otherwise fulfill the
20 mission of
the Commission; and
21 WHEREAS, The annual base rent in the agreement in the current fiscal year ending June
22 30, 2016 is
one hundred sixty-three thousand three hundred fifty dollars ($163,350); and
23 WHEREAS, The additional rent for parking in the current fiscal year ending June 30,
24 2016 is twenty six thousand
one hundred dollars ($26,100); and
25 WHEREAS, The annual base rent in each of the five (5) years of the new lease term is
26 not to exceed one
hundred seventy-five thousand nine
hundred thirty-eight dollars ($175,938) and
27 additional rent for parking will no longer be included as parking will instead be provided by the
28 Rhode Island Convention
Center Authority; and
29 WHEREAS, The State Properties Committee now respectfully requests the approval of
30 the House of Representatives and the Senate for a new lease agreement between the Rhode Island
1 Commission for Human Rights and Dorwest Associates, LLC, for the facility located at 180
2 Westminster Street in
the
City of Providence; now,
therefore
be it
3 RESOLVED, That this General Assembly approves a new lease agreement, for a term to
4 not to exceed
five (5) years and
a total cost not to exceed eight hundred seventy-nine thousand six
5 hundred
ninety dollars ($879,690); and it be further
6 RESOLVED, That this Joint Resolution shall take effect upon passage by the General
7 Assembly; and
it
be further
8 RESOLVED, That the Secretary of State is hereby authorized and directed to transmit
9 duly certified copies of this resolution to the Governor, the Executive Director of the Rhode
10 Island Commission for Human Rights, the Director of Administration, the State Budget Officer,
11 and the
Chair of the State
Properties Committee.
12 SECTION
3. This article shall take
effect upon passage.
Art15
RELATING TO LEASE AGREEMENT FOR LEASED OFFICE
AND OPERATING SPACE
(Page -2-)
1 ARTICLE 16
=======
art.016/3
=======
2 RELATING TO CLEAN DIESEL PROGRAM
3 SECTION
1.
Chapter
31-47.3
of
the General Laws
entitled
"The
Diesel Emissions
4 Reduction Act" is hereby amended
by adding thereto the following section:
5 31-47.3-5.1. Establishment of the Rhode Island clean diesel fund. --
(a) There is
6 hereby authorized and created within DEM a Rhode Island clean diesel fund for the purpose of
7 reducing emissions from heavy-duty diesel
engines operating on state
roads
and
helping
8 companies improve supply chain efficiency as described in the United States Environmental
9 Protection
Agency's SmartWay
Program. The clean diesel fund will solicit projects
that undertake
10 eligible clean diesel
measures and award grants from the fund
to reimburse
applicants
for
11 undertaking these measures.
12 (b) DEM shall promulgate
rules and regulations pursuant
to chapter
35
of title
42
13 containing a list of eligible clean diesel measures which shall include, but not be limited to, the
14 following:
15 (1) Aerodynamic
technologies;
16 (2) Clean alternative fuel conversions;
17 (3) Diesel emission reduction solutions;
18 (4) Engine repowers;
19 (5) Idle
reduction technologies;
20 (6) Low rolling resistance tires;
21 (7) Vehicle replacements;
22 (8) Replacement or upgrades of transport refrigeration
units or transport refrigeration unit
23 generator sets; and
24 (9) Routine maintenance shown to
improve
fuel
efficiency or decrease emissions
25 including, but not limited to,
oil
changes and cleaning of diesel particulate filters.
26 (c) Equipment eligible for grant funding must:
27 (1) Be intended
for on-road use;
28 (2) Be registered with the Rhode
Island
division of motor vehicles;
29 (3) Be kept or garaged in Rhode Island as indicated on the vehicle registration issued by
30 the division
of motor vehicles;
1 (4) Have
been certified to DEM that fifty percent (50%) or more
of vehicle miles
2 traveled, or hours of operation, shall be projected to be in Rhode Island for at least five (5) years
3 following the
grant award; and
4 (5) Meet any other criteria established in DEM rules and regulations promulgated by
5 DEM pursuant to Chapter 35 of title 42.
6 (d) Administrative costs. - The cost of administration and outreach by DEM shall not in
7 any year exceed
two hundred thousand dollars ($200,000)
or ten percent (10%) of the fund
8 appropriation,
whichever is greater.
9 (e) Project priority list. - DEM shall promulgate rules and regulations pursuant to chapter
10 35 of title 42 that contain a project priority list for the Rhode Island clean diesel fund and the
11 process through which an eligible applicant may submit an application for inclusion of a project
12 on the project priority list. Upon issuance of the project priority list by DEM, the project priority
13 list shall be used by DEM to
determine the
order in
which grants shall be awarded.
14 (f) Awarding of grants. - DEM shall only award grant funds after verifying that the
15 eligible measures outlined
in the application
have
been
implemented successfully
by
the
16 applicant. If the final invoice price of an eligible measure is less than the initial quoted price, the
17 grant award shall be reduced accordingly. Grants shall not be awarded to aid in compliance with
18 existing
mandates in state or federal law.
19 (g) Grant amounts. - For each eligible measure implemented by the applicant, DEM shall
20 only issue grants for up to fifty percent (50%) of the total project cost. DEM shall promulgate
21 rules and regulations pursuant to chapter 35 of title 42 that set the exact reimbursement amount
22 for each eligible measure. The total project cost shall include both the material and labor needed
23 to implement each eligible measure. No one applicant shall be awarded more than twenty-five
24 percent (25%) of the grant funds appropriated during a given fiscal year, provided that the total
25 grants requested exceed the amount appropriated. If the total amount of grants requested is less
26 than the amount appropriated in a given fiscal year, DEM may allocate more than twenty-five
27 percent (25%) of the fund to
one applicant.
28 (h) Vehicle replacements. - For projects that propose to replace vehicles, the following
29 conditions shall be met:
30 (1) The applicant shall replace an older vehicle with a newer vehicle certified to more
31 stringent emissions standards than the
engine or vehicle
being replaced;
32 (2) The
vehicle
being replaced is
a model year at least ten (10) years old;
33 (3) The vehicle being replaced has a gross vehicle weight rating of thirty-three thousand
34 one pounds (33,001
lbs.) or greater;
1 (4) The replacement vehicle purchased by the applicant is a model year no more than
2 three (3) years old;
3 (5) The replacement vehicle has a
gross vehicle
weight rating of thirty-three thousand one
4 pounds (33,001 lbs.) or greater;
5 (6) The replacement vehicle must be operable with remaining useful life as defined in
6 rules and regulations promulgated
by DEM
pursuant to chapter 35 of title 42.
7 (7) The engine of the vehicle being replaced must be scrapped or otherwise rendered
8 inoperable in a manner consistent with rules and regulations promulgated by DEM pursuant to
9 chapter 35
of title 42;
10 (8) The amount of funding requested must contain the sale price of the vehicle, not
11 including any interest or other finance charges; and
12 (9) A vehicle purchased on a lease must be operated for the life of the project, with the
13 life of the project being included
in the application approved by DEM.
14 (i) Transport refrigeration unit replacement. - For projects that propose to replace or
15 upgrade transport refrigeration units or transport refrigeration unit generator sets, the following
16 conditions shall be met:
17 (1) The transport refrigeration unit or transport refrigeration unit generator set being
18 replaced or upgraded is
powered by a
diesel engine;
19 (2) The transport refrigeration unit or transport refrigeration unit generator set being
20 replaced or upgraded is being used on a vehicle with a gross vehicle weight rating of thirty-three
21 thousand one pounds
(33,001 lbs.) or greater;
22 (3) The replacement or upgraded transport refrigeration unit or transport refrigeration
unit
23 generator set produces fewer emissions than the equipment being replaced
or upgraded; and
24 (4) The replacement or upgraded transport refrigeration unit or transport refrigeration
unit
25 generator set meets emission criteria established by DEM in
rules and regulations promulgated by
26 DEM pursuant to chapter 35 of title 42.
27 (i) Reporting. - Projects receiving grant funding from DEM shall be subject to any
28 reporting and data collection requirement specified in DEM rules and regulations promulgated by
29 DEM pursuant to chapter 35 of title 42.
30 (j) Penalties. - Applicants awarded
funds
under this
program may be penalized
for
31 breaching the
terms of their grant award or for other project non-performance
through
the:
32 (1) Cancellation of the
grant award;
33 (2) Recovery of all or a portion of the grant award;
34 (3) Other fiscal penalties on an applicant based
on the severity of non-performance
and as
1 specified in rules
and
regulations
promulgated
by DEM
pursuant to chapter 35 of title
42; or
2 (4) Prohibiting an applicant or a specific vehicle from participating in the program in the
3 future.
4 (k) Appropriation. - The general assembly shall annually appropriate such funds as it
5 deems appropriate for this program.
6 SECTION
2. This article shall take
effect upon passage.
1 ARTICLE 17
=======
art.017/4/017/3/017/2/016/2
=======
2 RELATING TO COMMERCE AND ECONOMIC DEVELOPMENT
3 SECTION
1.
Section
42-63.1-3 of the
General Laws
in Chapter
42-63.1
entitled
4 "Tourism and Development"
is hereby amended
to
read as follows:
5 42-63.1-3. Distribution of tax. -- (a) For returns and tax payments received on or before
6 December 31, 2015, except as provided in § 42-63.1-12, the proceeds of the hotel tax, excluding
7 such portion of the hotel tax collected from residential units offered for tourist or transient use
8 through a hosting platform, shall be distributed as follows by the division of taxation and the city
9 of Newport:
10 (1) Forty-seven percent (47%) of the tax generated by the hotels in the district, except as
11 otherwise
provided in this
chapter,
shall be given
to the regional tourism district wherein
the
hotel
12 is located; provided, however, that from the tax generated by the hotels in the city of Warwick,
13 thirty-one percent (31%) of the tax shall be given to the Warwick regional tourism district
14 established in § 42-63.1-5(a)(5) and sixteen percent (16%) of the tax shall be given to the Greater
15 Providence-Warwick Convention and Visitors' Bureau established in § 42-63.1-11; and provided
16 further, that from the tax generated by the hotels in the city of Providence, sixteen percent (16%)
17 of that tax shall be given to the Greater Providence-Warwick Convention and Visitors' Bureau
18 established by § 42-63.1-11, and thirty-one percent (31%) of that tax shall be given to the
19 Convention Authority of the city of Providence established pursuant to the provisions of chapter
20 84 of the public laws of January, 1980; provided, however, that the receipts attributable to the
21 district as defined in § 42-63.1-5(a)(7) shall be deposited as general revenues,
and that the
22 receipts attributable to the district as defined in § 42-63.1-5(a)(8) shall be given to the Rhode
23 Island
commerce corporation as
established in
Rhode Island General Law Chapter 42-64;
24 (2) Twenty-five percent (25%) of the hotel tax shall be given to the city or town where
25 the hotel, which generated the tax, is physically located, to be used for whatever purpose the city
26 or town decides.
27 (3) Twenty-one (21%) of the hotel tax shall be given to the Rhode Island commerce
28 corporation established in chapter 42-64, and seven percent (7%) to the Greater Providence-
29 Warwick Convention and Visitors' Bureau.
30 (b) For returns and tax payments received after December 31, 2015, except as provided
1 in § 42-63.1-12, the proceeds of the hotel tax, excluding such portion of the hotel tax collected
2 from residential units offered for tourist or transient use through a hosting platform, shall be
3 distributed as
follows by the
division of taxation and the city of Newport:
4 (1) For the tax generated by the hotels in the Aquidneck Island district, as defined in §
5 42-63.1-5, forty-two percent (42%) of the tax shall be given to the Aquidneck Island district,
6 twenty-five (25%) of the tax shall be given to the city or town where the hotel, which generated
7 the tax,
is physically located,
five percent
(5%)
of the
tax shall be given
to the
Greater
8 Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-
9 eight
percent
(28%) of
the tax
shall
be
given to
the Rhode
Island
commerce
corporation
10 established in chapter 42-64.
11 (2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-
12 5, twenty eight percent (28%) of the tax shall be given to the Providence district, twenty-five
13 percent (25%) of the tax shall be given to the city or town where the hotel, which generated the
14 tax, is physically located, twenty-three (23%) of the tax shall be given to the Greater Providence-
15 Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four (24%) of
16 the tax shall be given
to the Rhode
Island
commerce corporation established
in
chapter 42-64.
17 (3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5,
18 twenty-eight percent (28%) of the tax shall be given to the Warwick District, twenty-five percent
19 (25%) of the tax shall be given to the city or town where the hotel, which generated the tax, is
20 physically
located,
twenty-three percent
(23%)
of the
tax shall be given
to the
Greater
21 Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-
22 four (24%) of the tax shall be given to the Rhode Island commerce corporation established in
23 chapter 42-64.
24 (4) For the tax
generated by the
hotels in the Statewide district,
as defined in § 42-63.1-5,
25 twenty-five percent (25%) of the tax shall be given to the city or town where the hotel, which
26 generated the tax, is physically located, five percent (5%) of the tax shall be given to the Greater
27 Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy
28 percent (70%) of the tax shall be given to the Rhode Island commerce corporation established in
29 chapter 42-64.
30 (5) With respect to the tax generated by hotels in districts other than those set forth in
31 sections (1) through (4) above, forty-two percent (42%) of the tax shall be given to the regional
32 tourism district, as defined in § 42-63.1-5, wherein the hotel is located,
twenty-five percent (25%)
33 of the tax
shall be given to the
city
or town where the hotel, which
generated
the
tax, is physically
34 located,
five
percent (5%) of the
tax shall be given
to the
Greater Providence-Warwick
1 Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight (28%) of the tax
2 shall be given
to the Rhode
Island commerce corporation
established in chapter 42-64.
3 (c) The proceeds of the hotel tax collected from residential units offered for tourist or
4 transient use through a hosting platform shall distributed as follows by the division of taxation
5 and the city of Newport: twenty-five percent (25%) of the tax shall be given to the city or town
6 where
the residential unit, which generated the
tax, is physically located, and seventy-five percent
7 (75%) of the tax shall be given to the Rhode Island commerce corporation established in chapter
8 64 of title 42.
9 (d) The Rhode Island commerce corporation shall be required in each fiscal year to
10 spend on the promotion and marketing of Rhode Island as a destination for tourists or businesses
11 an amount of money of no less than the total proceeds of the hotel tax it receives pursuant to this
12 chapter for such fiscal year.
13 (e) Notwithstanding the foregoing provisions of this section, for fiscal year 2017 only,
14 except as provided in §42-63.1-12, the proceeds of the hotel tax, excluding such portion of the
15 hotel tax collected from residential units offered for tourist or transient use through a hosting
16 platform, shall be distributed in accordance with the distribution percentages established in §42-
17 63.1-3(a)(1) through
§42-63.1-3(a)(3) by the
division of taxation and the city of Newport.
18 SECTION 2. Sections 42-64.20-5, 42-64.20-6 and 42-64.20-7 of the General Laws in
19 Chapter 42-64.20 entitled "Rebuild Rhode Island Tax Credit" are hereby amended to read as
20 follows:
21 42-64.20-5. Tax credits. --
(a) An applicant meeting the requirements of this chapter may
22 be allowed a credit as
set forth hereinafter
against taxes
imposed upon
such person under
23 applicable provisions of title
44 of the general laws for a qualified
development project.
24 (b) To be eligible as a qualified development project entitled to
tax credits, an applicant's
25 chief executive officer or equivalent officer shall demonstrate
to the commerce corporation, at
the
26 time
of application,
that:
27 (1) The applicant has committed capital investment or owner equity of not less than
28 twenty percent (20%) of the
total project cost;
29 (2) There is a project financing gap in which after taking into account all available
30 private and public
funding sources,
the project is not likely to be accomplished by private
31 enterprise
without the tax
credits described in this chapter; and
32 (3) The
project fulfills the state's policy and
planning objectives and priorities in that:
33 (i)
The applicant
will,
at the discretion
of
the commerce corporation, obtain a tax
34 stabilization agreement from the municipality in which the real estate project is located on such
1 terms as the commerce corporation deems acceptable;
2 (ii) It (A) is a commercial development consisting of at least 25,000 square feet occupied
3 by at least one business employing at least 25 full-time employees after construction or such
4 additional full-time employees as the commerce corporation may determine; (B) is a multi-family
5 residential
development
in a new, adaptive reuse, certified
historic structure, or recognized
6 historical structure consisting
of at least 20,000 square
feet and having at least 20 residential units
7 in a hope community; or (C) is a mixed use development in a new, adaptive reuse, certified
8 historic structure, or recognized historical structure consisting of at least 25,000 square feet
9 occupied by at least one business, subject to further definition through rules and regulations
10 promulgated by the commerce corporation; and
11 (iii) Involves a total project cost of not less than $5,000,000, except for a qualified
12 development project located in a hope community or redevelopment area designated under § 45-
13 32-4 of the general laws in which event the commerce corporation shall have the discretion to
14 modify the
minimum project cost requirement.
15 (c) Applicants qualifying for a tax credit pursuant to chapter 44-33.6 of the General
16 Laws shall be exempt from the requirements of subsections (b)(3)(ii)
and (b)(3)(iii) of this
17 section. The following procedure shall apply to
such applicants:
18 (1) The division of taxation shall remain responsible for determining the eligibility of an
19 applicant for tax credits
awarded under chapter 44-33.6 of the General Laws;
20 (2) The commerce corporation shall retain sole authority for determining the eligibility
21 of an applicant for tax
credits awarded under this chapter; and
22 (3) The commerce corporation shall not award in excess of fifteen percent (15%) of the
23 annual amount appropriated in any fiscal year to applicants seeking tax credits pursuant to this
24 subsection (c).
25 (d) Maximum project credit.
26 (i)
For
qualified development projects,
the maximum tax
credit allowed
under this
27 chapter shall be the lesser of (1) thirty percent (30%) of the total project cost; or (2) the amount
28 needed to close a project financing gap (after taking into account all other private and public
29 funding sources available to the
project), as determined by the commerce corporation.
30 (ii) The credit allowed pursuant to this chapter shall not exceed fifteen million dollars
31 ($15,000,000) for any qualified development project under this chapter. No building or qualified
32 development project to be completed in phases or in multiple projects shall exceed the maximum
33 project credit of fifteen million dollars ($15,000,000) for all phases or projects involved in the
34 rehabilitation of such building. Provided, however, that for purposes of this subsection and no
1 more than once in a given fiscal year, the commerce corporation may consider the development
2 of land and buildings by a developer on the “I-195 land” (as defined in section 42-64.24-3(6) of
3 the general laws) as a separate qualified development project from a qualified development
4 project by a tenant or owner of a commercial condominium or similar legal interest including
5 leasehold improvement, fit out and capital investment. A qualified development project by a
6 tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be
7 exempted from subsection (d)(i)(1) of this
section.
8 (e) Credits available under this chapter shall not exceed twenty percent (20%) of the
9 project cost,
provided,
however,
that the
applicant shall be
eligible for additional tax
credits of not
10 more than ten percent (10%) of the project cost, if the
qualified development project meets any of
11 the following criteria or other additional criteria determined by the commerce corporation from
12 time
to time
in response to evolving economic
or market conditions:
13 (1) The
project
includes
adaptive reuse or
development of a recognized historical
14 structure;
15 (2) The
project is
undertaken
by or for a targeted industry;
16 (3) The
project is located in
a transit oriented development area;
17 (4) The project includes residential development of which at least twenty percent (20%)
18 of the
residential units
are
designated
as affordable housing or workforce housing;
19 (5) The project includes the adaptive reuse of property subject to the requirements of the
20 industrial property remediation and
reuse act,
sections 23-19.14-1,
et seq.
of
the general laws; or
21 (6) The project includes commercial facilities
constructed
in accordance with the
22 minimum environmental and sustainability standards, as certified by the commerce corporation
23 pursuant to
Leadership in
Energy and
Environmental Design
or other equivalent standards.
24 (f) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter
25 shall not exceed one hundred and fifty million ($150,000,000) dollars.
26 (f)(g) Tax credits shall not be allowed under this chapter prior to the taxable year in
27 which the
project is placed in
service.
28 (g)(h)
The amount of a tax credit allowed under this chapter shall be allowable to the
29 taxpayer in up to five annual increments; no more than thirty percent (30%) and no less than
30 fifteen
percent
(15%)
of the total
credits allowed to a taxpayer
under this
chapter may be
31 allowable for any taxable
year.
32 (h)(i) If the portion of the tax credit allowed under this chapter exceeds the taxpayer's
33 total tax liability for the year in which the relevant portion of the credit is allowed, the amount
34 that exceeds the taxpayer's tax liability may be carried forward for credit against the taxes
1 imposed for the succeeding four (4) years, or until the full credit is used, whichever occurs first.
2 Credits allowed to a partnership, a limited liability company taxed as a partnership, or multiple
3 owners of property shall be passed through to the persons designated as partners, members or
4 owners
respectively pro
rata
or pursuant to
an
executed
agreement among
such persons
5 designated as partners, members or owners documenting an alternate distribution method without
6 regard to their sharing of other tax or economic
attributes of such entity.
7 (i)(j) The commerce corporation
in consultation with the
division
of taxation shall
8 establish, by regulation, the process for the assignment,
transfer or conveyance of tax credits.
9 (j)(k) For purposes of this chapter, any assignment or sales proceeds received by the
10 taxpayer for its assignment or sale of the tax credits allowed pursuant to this section shall be
11 exempt from taxation under title 44 of the general laws. If a tax credit is subsequently revoked or
12 adjusted, the seller's tax calculation for the year of revocation or adjustment shall be increased by
13 the total amount of the sales proceeds, without proration, as a modification under chapter 30 of
14 title 44 of the general laws. In the event that the seller is not a natural person, the seller's tax
15 calculation under chapters 11, 13, 14, or 17 of title 44 of the general laws, as applicable, for the
16 year of revocation, or adjustment, shall be increased by including the total amount of the sales
17 proceeds without proration.
18 (k)(l) The tax credit allowed under this chapter may be used as a credit against corporate
19 income taxes imposed under chapters 11, 13, 14, or 17, of title 44, or may be used as a credit
20 against personal income taxes imposed under chapter 30 of title 44 for owners of pass-through
21 entities such as a partnership, a limited liability company taxed as a partnership, or multiple
22 owners
of
property.
23 (l)(m) In the case of a corporation, this credit is only allowed against the tax of a
24 corporation included in
a consolidated
return
that qualifies for the credit and not against the tax of
25 other corporations that may join in the filing of a consolidated tax return.
26 (m)(n) Upon request of a taxpayer and subject to annual appropriation, the state shall
27 redeem such credit in whole or in part for ninety percent (90%) of the value of the tax credit. The
28 division of taxation, in consultation with the commerce corporation, shall establish by regulation
29 a redemption
process for tax credits.
30 (n)(o) Projects eligible to receive a tax credit under this chapter may, at the discretion of
31 the commerce corporation, be exempt from sales and use taxes imposed on the purchase of the
32 following classes of personal property only to the extent utilized directly and exclusively in such
33 project: (1) furniture, fixtures and equipment, except automobiles, trucks or other motor vehicles;
34 or (2) such other materials, including
construction materials and supplies, that are depreciable and
1 have a useful life of one year or more
and are essential to the
project.
2 (o)(p) The commerce corporation
shall
promulgate rules and
regulations for
the
3 administration and certification of additional tax credit under subsection (e) of this section,
4 including
criteria
for the
eligibility,
evaluation,
prioritization, and
approval
of
projects that
5 qualify for such additional tax credit.
6 (p)(q) The commerce corporation shall not have any obligation to make any award
or
7 grant any benefits
under this chapter.
8 42-64.20-6. Administration. -- (a) To obtain the tax credit authorized in this chapter,
9 applicants
shall apply to
the commerce corporation board for approval of a qualified development
10 project for credits under this
chapter. Such approval shall at a
minimum require:
11 (1) That the
applicant
has submitted
a
completed
application as developed by the
12 commerce corporation
in consultation with the division of taxation;
13 (2) That the
chief executive of the commerce corporation provide written
confirmation to
14 the commerce corporation board (i) that the commerce corporation has reviewed the application
15 and any determination regarding the potential impact on the project's ability to stimulate business
16 development; retain and attract new business and industry to the state; create jobs, including
17 good-paying jobs, for its residents; assist with business, commercial, and industrial real estate
18 development; and generate revenues for necessary state and local governmental services; and (ii)
19 the total credits to
be awarded to the applicant.
20 (3) That the
secretary of commerce
provide
written
confirmation
to the commerce
21 corporation board that the recommendation of the commerce corporation is consistent with the
22 purposes of this chapter; and
23 (4) That the
director
of the
office
of management and budget
provide
(i)
written
24 confirmation to the commerce corporation board that
the total aggregate credits recommended by
25 the commerce corporation pursuant to this chapter do not exceed the existing and anticipated
26 revenue capacity of the state and its funding commitment described in 42-64.20-7; and (ii) an
27 analysis of the fiscal impact, if any, in the year of application and any subsequent year. Such
28 determination shall be made in a timely manner. maximum aggregate credits allowed under this
29 chapter in accordance with §42-64.20-5(f).
30 (b) As the commerce corporation board determines whether to grant credits under this
31 chapter,
it
shall consider the purposes for which this chapter is
established, which include
(but are
32 not necessarily limited to) the following: (i) to create jobs with an emphasis on jobs that pay at
33 least the most recent state median wage as defined by the Department of Labor and Training; and
34 (ii) to
spur
economic growth and new development in Rhode Island.
1 (c) To claim a tax
credit authorized
by the
board
of
the commerce corporation, applicants
2 shall
apply
to the
commerce
corporation
for a certification
that
the
project
has
met all
3 requirements of this chapter and any additional requirements set by the commerce corporation
4 subsequent to the time the qualified development project is placed in service. The commerce
5 corporation shall issue to
the applicant
a
certification or a written
response detailing
any
6 deficiencies precluding certification. The commerce corporation may deny certification, or may
7 revoke the delivery of tax credits if the project does not meet all requirements of this chapter and
8 any additional requirements set by the commerce corporation.
9 (d) Upon issuance of a certification by the commerce corporation under subsection (c) of
10 this section, the division of taxation shall, on behalf of the State of Rhode Island, issue tax credit
11 certificates equaling one hundred percent (100%) of the tax credits approved by the commerce
12 corporation.
13 (e) In the event that tax credits or a portion of tax credits are revoked by the commerce
14 corporation and
such tax credits
have
been transferred
or assigned, the
commerce corporation will
15 pursue its recapture
rights and remedies against the applicant of the tax
credits who shall be liable
16 to repay to the commerce corporation the face value of all tax credits assigned or transferred, and
17 all fees paid by the applicant shall be deemed forfeited. No redress shall be sought against
18 assignees or transferees of such tax credits provided the tax credits were acquired by way of an
19 arms-length transaction, for value,
and without notice of violation, fraud or misrepresentation.
20 (f) The commerce corporation and division of taxation shall promulgate such rules and
21 regulations as are necessary to carry out the intent and purpose and implementation of the
22 responsibilities of each under this chapter.
23 42-64.20-7. Rebuild Rhode Island tax credit fund. –
(a) There is hereby established at
24 the commerce corporation a restricted account known as the rebuild Rhode Island tax credit fund
25 (the "fund" "Fund" ) in which all amounts appropriated
for the redemption and/or reimbursement
26 of tax credits program created under this chapter shall be deposited. The Fund shall be used (i) to
27 pay for the redemption of tax credits or reimbursement to the state for tax credits applied against
28 a taxpayer's liability. ; and (ii) to provide reimbursements to municipalities authorized by the
29 commerce corporation pursuant to chapter 64.22 of title 42 of the general laws. The commerce
30 corporation may pledge and reserve amounts deposited into the Fund for the purpose of securing
31 payment for
the
redemption
of
tax credits or
for making reimbursements
to municipalities
32 pursuant to chapter
64.22 of title
42 of the general
laws. The Fund shall be
exempt from
33 attachment, levy or any other process at law or in equity. The director of the department of
34 revenue shall make a requisition to the commerce corporation for funding during any fiscal year
1 as may be necessary to pay for the redemption of tax credits presented for redemption or to
2 reimburse
the state for tax
credits
applied
against a taxpayer's
tax liability. The
commerce
3 corporation shall pay from the Fund such amounts as requested by the director of the department
4 of revenue necessary for redemption or reimbursement in
relation to
tax credits granted
under this
5 chapter. ; provided, however, that the commerce corporation shall not be required to pay
from
the
6 Fund such sums pledged and reserved by the commerce corporation, as permitted in this section,
7 except for redemption of tax credits or for reimbursements to municipalities pursuant to chapter
8 64.22 of title 42 of the general laws pursuant to
a pledge of the commerce corporation.
9 (b) Notwithstanding anything in this chapter to the contrary, the commerce corporation
10 may make a loan or equity investment as an alternative incentive in lieu of the provision of tax
11 credits
so long as the applicant otherwise qualifies for tax credits under this chapter.
In addition to
12 the qualification requirements
of
this chapter,
any loan or equity investment shall be subject to the
13 provisions
of §§42-64.20-5(b),
(d), (e),
(f),
(g), (n), (o) and
(p),
42-64.20-7, 42-64.20-8,
42-64.20-
14 9, and 42-64.20-10
as if such loan
or equity investment were
a tax credit. The commerce
15 corporation may pay,
reserve
and/or pledge
monies for a loan
or
equity investment from the
Fund
16 SECTION
3.
Title
42
of
the
General Laws
entitled ''STATE
AFFAIRS
AND
17 GOVERNMENT"
is hereby amended by
adding thereto
the
following chapter:
18 CHAPTER 64.32
19 AIR SERVICE DEVELOPMENT FUND
20 42-64.32-1. Legislative findings. --
It is hereby found and declared as follows: (a) The
21 development of additional scheduled air carrier and cargo services (''air service")
to T. F. Green
22 State Airport is essential to improving the overall economic climate of the state, attracting
23 businesses, promoting tourism
and
growing
jobs. Such additional air
service
is particularly
24 important
to advanced industries,
industries characterized
by
high
levels of research and
25 development expenditures
and
reliance
on
science, technology, design, engineering,
and
26 mathematics workers.
27 (b) Providing incentives, revenue guarantees and/or other support for new or additional
28 air service on new
or
additional routes is
an
important
step in
meeting these economic
29 development goals.
30 (c) An air service development fund provides flexibility in increasing and providing
31 incentives for air service to T. F. Green State Airport that the Rhode Island airport corporation
32 may otherwise not be able to finance under the regulations and policies of the federal aviation
33 administration. For that reason, this program is established independently of and unrelated to, the
34 Rhode Island
airport corporation.
1 42-64.32-2. Fund established. -- (a) There is hereby established within the Rhode Island
2 commerce corporation the air service development fund (the "fund")
to be administered by the
3 commerce corporation as set forth in this chapter. The fund shall consist of money appropriated
4 by the general assembly and deposited into the fund, and any other money made available to the
5 fund from any other source; provided that any revenue deemed to be airport revenue shall not be
6 included in the fund.
7 42-64.32-3.
Air
service
development
council.
--
(a) The Rhode Island commerce
8 corporation shall establish an air service development council (the "council"), which shall have
9 the authority and responsibility for entering into agreements with scheduled air carriers and/or
10 cargo carriers to provide direct financial incentives, revenue guarantees and/or other support to
11 incentivize air service to T. F. Green Airport.
12 (b) The air service development council shall consist of the secretary of commerce or his
13 or her designee, who shall serve as chair of the council,
and four members appointed by
the board
14 of the Rhode Island commerce corporation, at least one of whom shall have airport management
15 or air carrier experience, at least one of whom shall be a representative from a chamber of
16 commerce, and at least one
of whom shall represent a business with more than one hundred (100)
17 employees located in Rhode Island. No member of the council shall be a director or employee of
18 the Rhode Island airport corporation. Members shall serve at the pleasure of the board of the
19 commerce corporation. The members shall not receive a salary but shall be reimbursed for any
20 necessary expenses incurred
in
the performance of their duties.
21 (c) The Rhode Island commerce corporation shall have the authority under
this chapter to
22 enter into contracts
providing for
incentives, guarantees,
and/or other support for
new or
23 additional lights to T. F. Green State Airport by scheduled air carriers or cargo carriers, provided
24 that such contracts have been previously approved by the air service development council. Such
25 incentives, guarantees and other support shall be financed only with proceeds from the air service
26 development fund established pursuant to §42-64.32-2, and not with any airport revenue, subject
27 to regulation
pursuant to the
policies or regulations of the federal aviation administration.
28 (d) The air service development council shall publish the criteria that it will use an
29 evaluating proposals or arrangements that further the purposes of this chapter. Such criteria shall
30 require, at a minimum, that to qualify for incentives a scheduled air carrier or cargo carrier must
31 commit to new or additional flights for an agreed upon duration which represent an increase in
32 service.
33 (e) The air service development council may, at its discretion, provide incentives to
34 service to one scheduled air carrier or cargo carrier without offering identical incentives to other
1 scheduled air carriers
or
cargo carriers
if
doing so furthers the
purposes of this
chapter.
2 42-64.32-4. Program integrity. --
Program integrity being of paramount importance, the
3 Rhode Island commerce corporation shall establish procedures to ensure ongoing compliance
4 with the
terms and conditions of the
program established
herein,
including procedures
to
5 safeguard the expenditure of public funds and to ensure that the funds further the purposes of the
6 program.
7 42-64.32-5. Reporting requirements. --
No later than
sixty (60) days after the end of the
8 fiscal year,
the Rhode
Island commerce corporation shall submit an annual report to the governor,
9 the speaker of the house and the president of the senate detailing any incentives provided for
10 under this
chapter and
such
other information
as the commerce corporation deems
necessary.
11 SECTION
4. This article shall take
effect upon passage.
12
1 ARTICLE 18
=======
art.018/5/018/4/018/3/018/2/018/1
=======
2 RELATING TO RENEWABLE ENERGY PROGRAMS
3 SECTION 1. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled "Duties of
4 Utilities and
Carriers" is hereby amended to read as follows:
5 39-2-1.2. Utility base rate -- Advertising, demand side management and renewables.
6 -- (a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing or providing
7 heat, electricity, or water to
or for the public shall include as part of its base rate any
expenses for
8 advertising, either direct or indirect, which promotes the use of its product or service, or is
9 designed to promote the public image of the industry. No public utility may furnish support of
10 any kind, direct, or indirect, to any subsidiary, group, association, or individual for advertising
11 and include the expense as part of its base rate. Nothing contained in this section shall be deemed
12 as prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or
13 educational in nature, which is designed to promote public safety conservation of the public
14 utility's product or service. The public utilities commission shall promulgate such rules and
15 regulations as are necessary to require public disclosure of all advertising expenses of any kind,
16 direct or indirect, and to
otherwise
effectuate the provisions
of
this section.
17 (b) Effective as of January 1, 2008, and for a period of fifteen (15) years thereafter, each
18 electric distribution company shall include a charge per kilowatt-hour delivered to fund demand
19 side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable energy
20 programs shall remain in effect until December 31,
2017 2022. The electric distribution company
21 shall establish and, after July 1, 2007, maintain two (2) separate accounts, one for demand side
22 management
programs
(the "demand side
account"), which shall be funded
by
the electric
23 demand side charge and administered and implemented by the distribution company, subject to
24 the regulatory reviewing authority of the commission, and one for renewable energy programs,
25 which shall be administered by the Rhode Island commerce corporation pursuant to § 42-64-13.2
26 and, shall be held and disbursed by the distribution company as directed by the Rhode Island
27 commerce corporation for the
purposes of developing, promoting and
supporting renewable
28 energy programs.
29 During
the time
periods
established in
§
39-2-1.2(b),
the commission may, in
its
30 discretion, after notice and public hearing, increase the sums for demand side management and
1 renewable
resources. In addition,
the commission
shall, after notice and public hearing, determine
2 the appropriate charge
for
these programs.
The
office of energy resources and/or the
administrator
3 of the renewable energy programs may seek to secure for the state an equitable and reasonable
4 portion of renewable energy credits or certificates created by private projects funded through
5 those programs. As used in this section, "renewable energy resources" shall mean: (1) power
6 generation technologies as defined in § 39-26-5, "eligible renewable energy resources", including
7 off-grid and on-grid generating technologies located in Rhode Island as a priority; (2) research
8 and development activities in Rhode Island pertaining to eligible renewable energy resources and
9 to other renewable energy technologies for electrical generation; or (3) projects and activities
10 directly related to implementing eligible renewable energy resources projects in Rhode Island.
11 Technologies for converting solar energy for space heating or generating domestic hot water may
12 also be funded through the renewable energy programs. Fuel cells may be considered an energy
13 efficiency technology to be included in demand sided management programs. Special rates for
14 low-income customers in effect as of August 7, 1996 shall be continued, and the costs of all of
15 these discounts shall be included in the distribution rates charged to all other customers. Nothing
16 in this section shall be construed as prohibiting an electric distribution company from offering
17 any special rates or programs for low-income customers which are not in effect as of August 7,
18 1996, subject to the approval by the commission.
19 (1) The renewable energy investment programs shall be administered pursuant to rules
20 established by the Rhode Island commerce corporation. Said rules shall provide transparent
21 criteria to rank qualified renewable
energy projects, giving consideration to:
22 (i) the
feasibility of project completion;
23 (ii) the anticipated
amount of renewable energy the
project will produce;
24 (iii) the
potential of the
project to mitigate energy costs over the
life of the project; and
25 (iv) the
estimated cost per kilo-watt hour (kwh) of the energy produced from the project.
26 (c) [Deleted by P.L. 2012,
ch. 241, art.
4, § 14].
27 (d) The executive director of the economic development commerce corporation is
28 authorized and may enter into a contract with a contractor for the cost effective administration of
29 the renewable energy programs funded by this section.
A competitive bid and contract award for
30 administration of the renewable energy programs may occur every three (3) years and shall
31 include as a condition that after July 1, 2008 the account for the renewable energy programs shall
32 be maintained
and administered by the
economic development commerce corporation as provided
33 for in subdivision (b) above.
34 (e) Effective January 1, 2007, and for a period of sixteen (16) years thereafter, each gas
1 distribution company shall include, with the approval of the commission, a charge per deca therm
2 delivered to fund demand side management programs (the "gas demand side charge"), including,
3 but not limited to, programs for cost-effective energy efficiency, energy conservation, combined
4 heat and power systems,
and weatherization services
for
low income households.
5 (f) Each gas company shall establish a separate account for demand side management
6 programs (the "gas demand side account"), which shall be funded by the gas demand side charge
7 and administered and
implemented by the
distribution company, subject
to the
regulatory
8 reviewing
authority of
the commission.
The commission may establish administrative
9 mechanisms and procedures that
are similar to those for
electric demand
side
management
10 programs administered under the
jurisdiction of the commissions and that are designed to achieve
11 cost-effectiveness and
high life-time
savings
of efficiency measures supported by the program.
12 (g) The commission may, if reasonable and feasible, except from this demand side
13 management charge:
14 (i) gas used for distribution generation; and
15 (ii) gas used for the manufacturing processes, where the customer has established a self-
16 directed program to invest in and achieve best effective energy efficiency in accordance with a
17 plan approved
by
the commission and subject
to periodic
review and approval
by
the
18 commission, which plan shall require annual reporting of the amount invested and the return on
19 investments in terms
of gas savings.
20 (h) The commission may provide for the coordinated and/or integrated administration of
21 electric and gas demand side management programs in order to enhance the effectiveness of the
22 programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the
23 recommendation of the office of energy resources, be through one or more third-party entities
24 designated by the commission pursuant to a
competitive selection process.
25 (i)
Effective January
1,
2007,
the commission shall allocate from demand-side
26 management gas and electric funds authorized pursuant to this § 39-2-1.2, an amount not to
27 exceed two percent (2%) of such funds on an annual basis for the retention of expert consultants,
28 and reasonable administrations costs of the energy efficiency and resources management council
29 associated with planning, management, and evaluation of energy efficiency programs, renewable
30 energy programs, system reliability least-cost procurement, and with regulatory proceedings,
31 contested cases, and other actions pertaining to the purposes, powers and duties of the council,
32 which allocation may by mutual agreement, be used in coordination with the office of energy
33 resources to support such activities.
34 (j) Effective January 1, 2016, the
commission
shall
annually allocate
from the
1 administrative funding amount allocated in (i) from the demand-side management program as
2 described
in subsection
(i)
as follows:
fifty
percent
(50%)
for
the purposes
identified
in
3 subsection (i) and fifty percent (50%) annually to the office of energy resources for activities
4 associated with planning management, and evaluation of energy efficiency programs, renewable
5 energy programs, system reliability, least-cost procurement, and with regulatory proceedings,
6 contested cases, and other actions pertaining to the purposes, powers and duties of the office of
7 energy resources.
8 (k) On April 15, of each year the office and the council shall submit to the governor, the
9 president of the senate, and the speaker of the house of representatives, separate financial and
10 performance reports regarding the demand-side management programs, including the specific
11 level of funds that were contributed by the residential, municipal, and commercial and industrial
12 sectors to the overall programs; the businesses, vendors, and institutions that received funding
13 from demand-side
management gas and
electric funds used for the
purposes in
§ 39-2-1.2; and
the
14 businesses, vendors, and institutions that received the administrative funds for the purposes in
15 sections 39-2-1.2(i) and 39-2-1.2(j). These reports shall be posted electronically on the websites
16 of the
office of energy resources and the energy efficiency resource management council.
17 (l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank,
18 each electric distribution
company,
except for the
Pascoag Utility District and Block
Island
Power
19 Company, shall remit two percent (2%) of the amount of the 2014 electric demand side charge
20 collections to the Rhode Island infrastructure bank in accordance with the terms of § 46-12.2-
21 14.1.
22 (m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank,
23 each gas distribution company shall remit two percent (2%) of the amount of the 2014 gas
24 demand side charge collections to the Rhode Island infrastructure bank in accordance with the
25 terms of § 46-12.2-14.1.
26 SECTION
2.
Section
39-26.3-2 of the
General Laws
in Chapter
39-26.3
entitled
27 "Distributed Generation Interconnection" is
hereby amended to read as follows:
28 39-26.3-2. Definitions. -- The following terms shall have the meanings given below for
29 purposes of this chapter:
30 (1) "Applicant" means
an electric
distribution
customer or distributed
generation
31 developer who submits an application to the electric distribution company for the installation of a
32 renewable distributed
generation interconnection to
the distribution system for
a
renewable
1 within
title
39.
2 (2) "Impact study"
means an engineering study that includes an estimate of the cost of
3 interconnecting to
the distribution system that would
be
assessed
on
the applicant for an
4 interconnection that is based on an engineering study of the details of the proposed generation
5 project. Such estimate generally will have a probability of accuracy of plus or minus twenty five
6 percent (25%). Such an estimate may be relied upon by the applicant for purposes of determining
7 the expected cost of interconnection, but the distribution company may not be held liable or
8 responsible if the actual costs exceed the estimate as long as the estimate was provided in good
9 faith and
the
interconnection was implemented prudently by the electric
distribution company.
10 (3) "Impact study fee" means a fee that shall be charged to the applicant to obtain an
11 impact study as specified
in
§ 39-26.2-4 of this chapter.
12 (4)
"Feasibility study" means a high-level project assessment that includes an estimate of
13 the cost of interconnecting to the distribution system that would be assessed on the applicant for
14 an interconnection. Such estimate is not based on any engineering study, but is based on past
15 experience and
judgment of the electric distribution company, taking
into account the
information
16 in the application, the location of the interconnection, and general knowledge of the distribution
17 and transmission system. Such estimate cannot be relied upon by the applicant for purposes of
18 holding the electric distribution company liable or responsible for its accuracy as long as the
19 electric distribution company has
provided the estimate
in good faith. The feasibility study
20 estimate shall be a range within
which the
electric distribution company
believes
the
21 interconnection costs are likely to be and shall include a disclaimer that explains the nature of the
22 estimate.
23 (5) "Feasibility study fee" means a fee that shall be charged to the applicant to obtain a
24 feasibility study as specified in
§ 39-26.2-4 of this chapter.
25 (6) "Renewable
energy resource" has the same meaning as defined in §39-26-5.
26 SECTION 3. Chapter
39-26.3 of the
General Laws entitled "Distributed
Generation
27 Interconnection" is hereby amended
by adding thereto the following section:
28 39-26.3-4.1. Interconnection standards. -- (a) The electric distribution company may
29 only charge an interconnecting renewable energy customer for any system modifications to its
30 electric power system specifically necessary for and directly related to its interconnection. Any
31 system modifications benefiting other customers shall be included in rates as determined by the
32 public utilities commission.
1 the interconnecting customer to fund the modification subject to repayment of the depreciated
2 value of the modification
as
of
the time the
modification would have been
necessary
as
3 determined by the public
utilities commission.
4 (c) If
an
interconnecting
renewable energy
customer
is required
to pay
for system
5 modifications and
a
subsequent renewable energy
or
commercial
customer relies
on
those
6 modifications to
connect
to the
distribution system within
ten (10) years of the
earlier
7 interconnecting renewable energy customer's payment, the subsequent customer will make a
8 prorated contribution toward the cost of the system modifications which will be credited to the
9 earlier interconnecting renewable
energy customer as determined by the public utilities
10 commission.
11 (d) All interconnection work must be performed no longer than two hundred seventy
12 (270) calendar days from completion of the renewable energy customer's interconnection impact
13 study pursuant to §39-26.3-3, if required, or else no more than three hundred sixty (360) calendar
14 days from
the customer's
initial
application for interconnection. These deadlines cannot
be
15 extended due to
customer delays in
providing required information,
all
of
which
must be
16 requested and obtained before completion of the impact study. The electric distribution company
17 will be liable to the interconnecting customer for all actual and consequential damages resulting
18 from the noncompliant interconnection delay including, but not limited to, the full value of any
19 lost energy production, and any reasonable legal fees and costs associated with the recovery of
20 those damages. These penalties and damages shall be borne by the electric distribution company's
21 shareholders,
not
by the electric distribution company's ratepayers.
22 (e) The interconnection of any new renewable energy resource that replaces the same
23 existing renewable
energy resource of the same or less nameplate capacity shall not be
considered
24 a material
modification requiring
interconnection study or approval other than a review
to
25 determine consistency
with this section
and to establish
any costs specifically necessary to
26 interconnect the replacement renewable energy resource, which shall not include any system
27 modifications or system improvements. This review shall take no longer than sixty (60) days
28 subject to the penalties provided
in
subsection (d) of this section.
29 (f) The electric distribution company shall not require interconnecting customers that do
30 not propose to and will not make direct sales to the wholesale market, including, but not limited
31 to, those enrolled under chapters 26.2, 26.4,
and 26.6 of title 39, to comply with regulatory
32 requirements applicable to wholesale customers or sales, as defined according to 16 U.S.C. §824.
33 If the electric
distribution
company sells
any electricity generated by such
interconnecting
1 market participant and designated entity for such sales, complying with all applicable, regulatory
2 requirements without any delay to the interconnection schedule set forth in subsection (d) of this
3 section. The interconnecting customer shall assist the electric distribution company by providing
4 information and access for such compliance if/as
necessary and
appropriate.
5 SECTION 4. Sections 39-26.4-2 and 39-26.4-3 of the General Laws in Chapter 39-26.4
6 entitled "Net Metering" are hereby amended
to read as follows:
7 39-26.4-2. Definitions. -- Terms not defined in this section herein shall have the same
8 meaning as contained in
chapter 26
of
title 39 of the
general laws. When
used in this
chapter:
9 (1) "Community remote
net-metering system"
means
a facility generating electricity
10 using an eligible net-metering resource which allocates net metering credits to a minimum of
11 three (3) eligible credit recipient customer accounts, provided that no more than fifty percent
12 (50%) of the credits produced by the system are allocated to one eligible credit recipient, and
13 provided further at least fifty
percent (50%) of the credits produced by
the
system are allocated to
14 the remaining eligible credit recipients in
an amount not to exceed that which is produced
15 annually by twenty-five kilowatt (25 kW) AC capacity. The community remote net-metering
16 system may transfer credits to eligible credit recipients in an amount that is equal to or less than
17 the sum of the usage of the eligible credit recipient accounts measured by the three (3) year
18 average annual consumption of energy over the previous three (3) years. A projected annual
19 consumption of energy may
be used until the actual three (3) year average annual consumption of
20 energy over the previous three (3) years at the
eligible credit recipient accounts
becomes available
21 for use in determining eligibility of the generating system. The community remote net-metering
22 system may be owned by the same entity that is the customer of record on the net metered
23 account or may be
owned by a third party.
24 (2) "Electric distribution company" shall have the same meaning
as §39-1-2, but shall not
25 include block
island power company or
Pascoag utility
district, each of whom shall be required to
26 offer net metering to customers through a tariff approved by the public utilities commission after
27 a public hearing. Any tariff or policy on file with the public utilities commission on the date of
28 passage of this chapter shall remain in effect until the commission
approves a
new
tariff.
29 (3) "Eligible
credit recipient" means
one of the following eligible recipients in
the
electric
30 distribution company's service territory whose electric service account or accounts may receive
31 net-metering credits from a community remote net-metering system. Eligible credit recipients
32 include the following definitions:
33 (i) Residential accounts in good standing.
1 account or accounts in good standing belonging to a private, nonprofit corporation. cooperative,
2 mutual ownership or similar non-taxable entity associated with an affordable housing structure
3 complex with greater than five
(5)
property taxes, and required
insurance
that do not exceed
thirty
4 percent (30%) of the gross annual income of a household earning up to eighty percent (80%) of
5 the area median income, as defined annually by the United States Department of Housing and
6 Urban Development. The value of the
credits shall be used to provide
a direct benefit to tenants of
7 the affordable housing structure
complex.
8 (iii) "Private education institution eligible credit recipient" means an electric service
9 account or accounts in
good standing associated with a private preschool,
elementary
or
10 secondary school, or private institution of vocational, professional, or higher education. Where
11 the eligible remote net-metering system is allocating all credits to accounts owned by a single
12 private education institution, there shall be no limitation on the percentage of credits that may be
13 allocated to
each
account.
14 (iv) "Low or moderate income housing eligible credit recipient'' means an electric service
15 account or accounts in good standing associated with any housing development or developments
16 owned operated by a public
agency, nonprofit organization, limited equity
housing cooperative or
17 private developer, that receives assistance under any federal, state, or municipal government
18 program to assist the construction or rehabilitation of housing affordable to low- or moderate-
19 income households, as defined in the applicable federal or state statute, or local ordinance,
20 encumbered
by
a
deed
restriction or other
covenant recorded in
the land
records
of
the
21 municipality in which the housing is located, that:
22 (A) Restricts occupancy of the housing to households with a gross annual income that
23 does not exceed eighty percent (80%) of the area median income as defined annually by the
24 United States
Department of Housing and
Urban Development (HUD);
25 (B) Restricts the monthly rent, including a utility allowance, that may be charged to
26 residents, to an amount that does not exceed thirty percent (30%) of the gross monthly income of
27 a household earn i ng eight percent (80%) of the area median income as defined annually by
28 HUD;
29 (C) That has an original term of not less than thirty (30) years from initial occupancy.
30 Electric service account or accounts in good standing associated with housing developments that
31 are under common ownership or control may be considered a single low- or moderate-income
32 housing eligible
credit recipient for purposes of this
section. The value
of the credits shall be
used
33 to provide
a direct benefit to
tenants of the low or moderate income housing.
34 (1)(4) "Eligible net metering resource" means eligible renewable energy resource as
1 defined in § 39-26-5 including biogas created as a result of anaerobic digestion, but, specifically
2 excluding all other listed eligible biomass
fuels;
3 (2)(5) "Eligible Net Metering System"
means a facility generating electricity using an
4 eligible net
metering resource
that
is reasonably
designed
and
sized to
annually
produce
5 electricity in an amount that is equal to or less than the renewable self-generator's usage at the
6 eligible net metering system site measured by the three (3) year average annual consumption of
7 energy over the previous three (3) years at the electric distribution account(s) located at the
8 eligible net metering system site. A projected annual consumption of energy may be used until
9 the actual three (3) year average annual consumption of energy over the previous three (3) years
10 at the electric distribution account(s) located at the eligible net metering system site becomes
11 available for use in determining eligibility of the generating system. The eligible net metering
12 system
must may be owned by the same entity that is the customer of record on the net metered
13 accounts
or may be owned by a third party that is not the customer of record at the eligible net-
14 metering system site and which may offer a third-party net-metering financing arrangement or
15 public entity
net-metering
financing arrangement,
as
applicable. Notwithstanding
any
other
16 provisions of this chapter, any eligible net metering resource: (i) owned by a public entity or
17 multi-municipal collaborative or (ii) owned and operated by a renewable generation developer on
18 behalf of a public entity or multi-municipal collaborative through public entity net metering
19 financing
arrangement shall
be
treated as
an
eligible
net
metering system and
all accounts
20 designated by the public entity or multi-municipal collaborative for net metering shall be treated
21 as accounts
eligible for net metering within
an eligible net metering system site.
22 (3)(6) "Eligible Net
Metering System Site"
means
the
site where the
eligible net
23 metering system or community remote net-metering system is located or is part of the same
24 campus or complex of sites
contiguous to one another and the
site where the
eligible net metering
25 system
or community remote net-metering system is located or a farm in which the eligible net
26 metering system
or community remote net-metering system is located. Except for an eligible net
27 metering system owned
by
or
operated
on
behalf of a public entity or multi-municipal
28 collaborative through a public entity net metering financing arrangement, the purpose of this
29 definition is to reasonably assure that energy generated by the eligible net metering system is
30 consumed
by
net
metered electric
service
account(s) that are
actually
located in
the same
31 geographical location as the eligible net metering system. All energy generated from any eligible
32 net-metering system is and
will
be considered consumed at the meter where
the renewable energy
33 resource is interconnected for valuation purposes. Except for an eligible net metering system
34 owned by or operated on behalf of a public entity or multi- municipal collaborative through a
1 public entity net metering
financing arrangement, or except for a community remote net-metering
2 system, all of the net metered accounts at the eligible net metering system site must be the
3 accounts
of the same customer of record and customers are not permitted to enter into
agreements
4 or arrangements to change the name on accounts for the purpose of artificially expanding the
5 eligible net metering system site to contiguous sites in an attempt to avoid this restriction.
6 However, a property owner may change the nature of the metered service at the accounts at the
7 site to be master metered in the owner's name, or become the customer of record for each of the
8 accounts, provided that the owner becoming the customer of record actually owns the property at
9 which the account is located. As long as the net metered accounts meet the requirements set forth
10 in this definition, there is no limit on the number of accounts that may be net metered within the
11 eligible net metering system site.
12 (4)(7) "Excess Renewable
Net Metering
Credit" means a credit that applies to an eligible
13 net metering system
or community remote net-metering system for that portion of the
renewable
14 self-generator's production of
electricity electrical energy beyond one hundred percent (100%)
15 and no greater than one hundred twenty-five percent (125%) of the renewable self-generator's
16 own consumption at the eligible net metering system site
or the sum of the usage of the eligible
17 credit recipient accounts associated with the community remote net-metering system during the
18 applicable billing period. Such excess renewable net metering credit shall be equal to the electric
19 distribution company's avoided cost rate, which is hereby declared to be the electric distribution
20 company's standard offer service kilo-watt hour (kWh) charge for the rate class and time-of-use
21 billing period (if applicable) applicable to the distribution customer account(s) at customer of
22 record for the eligible net metering system
site or applicable to the customer of record for the
23 community remote net-metering system. Where there are accounts at the eligible net metering
24 system site in different rate classes, the electric distribution company may calculate the excess
25 renewable net metering credit based on the average of the standard offer service rates applicable
26 to those on- site accounts. The electric distribution company has the option to use the energy
27 received from such excess generation to serve the standard offer service load. The commission
28 shall have the authority to make determinations as to the applicability of this credit to specific
29 generation facilities to the extent there
is any uncertainty or disagreement.
30 (5)(8) "Farm" shall be defined in accordance with § 44-27-2, except that all buildings
31 associated with the farm shall be eligible for net metering credits as long as: (i) The buildings are
32 owned by the same entity operating the farm or persons associated with operating the farm; and
33 (ii) The
buildings are on the same farmland as
the project on
either a
tract of land contiguous with
34 or reasonably proximate to such farmland
or
across a public
way from such farmland.
1 (6)(9) "Multi-municipal collaborative"
means a group of towns and/or cities that enter
2 into an agreement for the purpose of co-owning a renewable generation facility or entering into a
3 financing arrangement pursuant to subdivision (7)(10).
4 (7)(10) "Public entity net metering financing arrangement" means arrangements entered
5 into by a public entity or multi-municipal collaborative with a private entity to facilitate the
6 financing and operation of a net metering resource, in which the private entity owns and operates
7 an eligible net metering resource on behalf of a public entity or multi-municipal collaborative,
8 where: (i) The eligible net metering resource is located on property owned or controlled by the
9 public entity or one of the municipalities, as applicable, and (ii) The production from the eligible
10 net metering resource and primary compensation paid by the public entity or multi-municipal
11 collaborative to the private entity for such production is directly tied to the consumption of
12 electricity occurring at the designated
net
metered accounts.
13 (8)(11) "Net metering" means using
electricity electrical energy generated by an eligible
14 net metering system for the purpose of self-supplying electrical energy and power at the eligible
15 net metering system site, or with respect to a community remote net-metering system, for the
16 purpose of generating net-metering credits to be applied to the electric bills of the eligible credit
17 recipients associated with the community net-metering system. The amount so generated will and
18 thereby
offsetting offset consumption at the eligible net metering system site through the netting
19 process established in this chapter, or with respect to a community remote net-metering system,
20 the amounts generated in excess of that amount will result in credits being applied to the eligible
21 credit recipient accounts
associated with the
community remote
net-metering system.
22 (9)(12) "Net metering customer" means a customer of the electric distribution company
23 receiving and being billed for distribution service whose distribution account(s) are being net
24 metered.
25 (10)(13) "Person" means an individual, firm, corporation, association, partnership, farm,
26 town or city of the State of Rhode Island, multi-municipal collaborative, or the State of Rhode
27 Island or any department of the state government, governmental agency or public instrumentality
28 of the
state.
29 (11)(14) "Project"
means a distinct installation of an eligible net metering system or a
30 community remote
net-metering
system. An installation will be
considered distinct if
it is
31 installed in a different location, or at a different time, or involves a different type of renewable
32 energy.
1 secondary school, or private institution of vocational, professional, or higher education, public
2 transit agencies or any publicly-owned water distributing plant
or system employed for the
3 distribution of water to the consuming public within this state including
the
water supply
board of
4 the city of Providence.
5 (13)(16) "Renewable Net Metering Credit" means a credit that applies to an Eligible Net
6 Metering System or a community remote net-metering system up to one hundred percent (100%)
7 of either the renewable self-generator's usage at the Eligible Net Metering
System Site
or the sum
8 of the usage of the eligible credit recipient accounts associated with the community remote net-
9 metering system over the applicable billing period. This credit shall be equal to the total kilowatt
10 hours of electricity electrical energy generated up to the amount and consumed on-site, and/or
11 generated up to the sum of the eligible credit recipient account usage during the billing period
12 multiplied
by the sum of the distribution company's:
13 (i) Standard offer service kilowatt hour charge for the rate class applicable to the net
14 metering customer, except that for remote public entity and multi-municipality collaborative net-
15 metering systems that submit an application for an interconnection study on or after July 1, 2019
16 and community remote net-metering systems, the standard offer service kilowatt hour charge
17 shall be net of the renewable energy standard charge or credit;
18 (ii) Distribution kilowatt hour charge, except that for community remote net-metering
19 systems the
renewable net-metering credit shall not include the distribution kilowatt hour charge;
20 (iii) Transmission
kilowatt hour charge; and
21 (iv) Transition kilowatt hour charge.
22 Notwithstanding the foregoing, except for systems that have requested an interconnection
23 study for which payment has been received by the distribution company, or if an interconnection
24 study is not required, a completed and paid interconnection application, by December 31, 2018,
25 the renewable net-metering credit for all remote public entity and multi-municipal collaborative
26 net-metering systems shall be calculated in the same manner as community remote net-metering
27 systems described above commencing on
January 1,
2050.
28 (14)(17) "Renewable self-generator" means an electric distribution service customer of
29 record for the eligible net-metering system or community remote net-metering system at the
30 eligible net-metering system site who installs or arranges
for an installation
of
renewable
31 generation that which system is primarily designed to produce electricity electrical energy for
32 consumption by that same customer at its distribution service account(s), and/or, with respect to
1 (15)(18) "Municipality" means any Rhode Island town or city, including any agency or
2 instrumentality thereof,
with the
powers set forth in title
45 of the general laws.
3 (19) "Third Party" means and includes any person or entity other than the renewable self-
4 generator who owns or operates the eligible net-metering system or community remote net-
5 metering system on the eligible net-metering system site for the benefit of the renewable self-
6 generator.
7 (20) "Third-party net-metering financing arrangement" means the financing of eligible
8 net-metering systems or community remote net-metering systems through lease arrangements or
9 power/credit purchase agreements between a third party and renewable self-generator, except for
10 those entities under a public entity net-metering finance arrangement. A third party engaged in
11 providing financing arrangements related to such net-metering systems with a public or private
12 entity is
not
a public utility as defined
in §39-1-2.
13 39-26.4-3.
Net
metering.
-- (a)
The
following policies regarding net metering
of
14 electricity from eligible net metering systems
and community remote net-metering systems and
15 regarding any person that is a renewable self-generator shall apply:
16 (1)(i) The maximum, allowable capacity for eligible net-metering systems, based on
17 nameplate capacity, shall be five megawatts (5 mw) ten megawatts (10 mw), effective sixty (60)
18 days after passage. The aggregate amount of net metering in the Block Island Power Company
19 and the Pascoag Utility District shall not exceed three percent (3%) of peak load for each utility
20 district.; and
21 (ii) Through December 31, 2020, the maximum aggregate amount of community remote
22 net-metering systems built shall be fifty megawatts (50 MW). Any of the unused MW amount
23 after December 31, 2020, shall remain available to community remote net-metering systems until
24 the MW aggregate amount is interconnected. After December 31, 2020, the commission may
25 expand the aggregate amount
after a public
hearing
upon
petition
by
the office
of energy
26 resources. The commission shall determine within six (6) months of such petition being docketed
27 by the commission whether the
benefits of
the proposed expansion exceed the
cost. This
28 aggregate amount
shall
not apply to public entity facilities or
multi-municipal collaborative
29 facilities.
30 (2) For ease of administering net-metered accounts and stabilizing net metered account
31 bills, the electric-distribution company may elect (but is not required) to estimate for any twelve-
32 month (12) period:
1 (ii) Aggregate consumption of the net-metered accounts at the eligible net-metering
2 system site
or the sum of the consumption of the eligible credit recipient accounts
associated with
3 the community remote net-metering system, and establish a monthly billing plan that reflects the
4 expected credits that would be applied to the net-metered accounts over twelve (12) months. The
5 billing plan would be designed to even out monthly billings over twelve (12) months, regardless
6 of actual production and usage. If such election is made by the electric-distribution company, the
7 electric-distribution company would reconcile payments and credits under the billing plan to
8 actual production and consumption at the end of the twelve-month (12) period and apply any
9 credits
or charges
to the net-metered accounts
for
any
positive or negative difference,
as
10 applicable.
Should
there
be a material change
in circumstances
at
the eligible net-metering system
11 site or associated accounts during the twelve-month (12) period, the estimates and credits may be
12 adjusted
by
the electric-distribution company
during
the reconciliation
period.
The electric-
13 distribution company also may elect (but is not required) to issue checks to any net metering
14 customer in lieu of billing credits or carry forward credits or charges to the next billing period.
15 For residential
eligible
net metering
systems and community
remote net-metering
systems
16 twenty-five kilowatts (25 kw) or smaller, the electric-distribution company, at its option, may
17 administer renewable net-metering credits month to month allowing unused credits to carry
18 forward into the following billing period.
19 (3) If the electricity generated by an eligible net-metering system or community remote
20 net-metering system during a billing period is equal to, or less than the net-metering customer's
21 usage at the eligible net-metering system site or the sum of the usage of the eligible credit
22 recipient accounts associated with the community remote net-metering system during the billing
23 period for electric-distribution-company customer accounts at the eligible net-metering system
24 site, the customer shall receive renewable net-metering credits, that shall be applied to offset the
25 net-metering customer's usage on accounts at the eligible net-metering-system site, or shall be
26 used to credit the eligible credit recipient's
electric account.
27 (4) If the electricity generated by an eligible net-metering system or community remote
28 net-metering system during a billing period is greater than the net-metering customer's usage on
29 accounts at the eligible net-metering-system site or the sum of the usage of the eligible credit
30 recipient accounts associated with the community remote net-metering system during the billing
31 period, the customer
shall be paid by excess renewable
net-metering credits for
the excess
32 electricity generated up to an additional twenty-five percent (25%) beyond the net-metering
1 additional twenty-five percent (25%) of the renewable self-generator's consumption during the
2 billing period; unless the electric-distribution company and net-metering customer have agreed to
3 a billing plan pursuant to subdivision
(3).
4 (5) The rates applicable to any net-metered account shall be the same as those that apply
5 to the rate classification that would be applicable to such account in the absence of net-metering,
6 including customer and demand charges, and no other charges may be imposed to offset net
7 metering credits.
8 (b) The
commission shall exempt
electric-distribution company
customer
accounts
9 associated with an eligible, net-metering system from back-up or standby rates commensurate
10 with the size of the eligible net-metering system, provided that any revenue shortfall caused by
11 any such
exemption shall be fully recovered by the
electric distribution company through rates.
12 (c) Any prudent and
reasonable
costs incurred by the electric-distribution company
13 pursuant to achieving compliance with subsection (a) and the annual amount of the distribution
14 component of any renewable
net-metering
credits or
excess,
renewable
net-metering
credits
15 provided to accounts associated with eligible net-metering systems or community remote net-
16 metering systems, shall be aggregated by the distribution company and billed to all distribution
17 customers on an annual basis through a uniform, per-kilowatt-hour (kwh) surcharge embedded
in
18 the distribution component of the rates
reflected on
customer bills.
19 (d) The billing process set out in this section shall be applicable to electric-distribution
20 companies thirty (30) days after the enactment of this chapter.
21 SECTION 5. Sections 39-26.6-3, 39-26.6-4, 39-26.6-5, 39-26.6-7 and 39-26.6-21 of the
22 General Laws in Chapter 39-26.6 entitled "The Renewable Energy Growth Program"
are hereby
23 amended to
read
as follows:
24 39-26.6-3. Definitions. -- When
used in this chapter, the following terms shall have the
25 following meanings:
26 (1) "Commission" means the
Rhode Island public
utilities
commission.
27 (2) "Board"
shall mean the distributed-generation board as established pursuant to the
28 provisions of § 39-26.2-10 under the title distributed generation standard contract board, but shall
29 also fulfill the
responsibilities set forth in
this chapter.
30 (3) "Commercial-scale solar project"
means a solar distributed generation project with
31 the nameplate capacity specified in
§ 39-26.6-7.
32 (4) "Distributed generation facility" means an electrical generation facility located in the
33 electric
distribution
company's
load zone
with
a
nameplate capacity
no
greater than
five
1 biogas created as a result of anaerobic digestion, but, specifically excluding all other listed
2 eligible biomass
fuels,
and connected to
an
electrical
power
system
owned, controlled, or
3 operated by the electric distribution
company.
For
purposes of
this
chapter, a distributed
4 generation facility must be a
new resource that:
5 (i) Has not begun operation;
6 (ii) Is not under construction, but excluding preparatory site work that is less than
7 twenty-five percent (25%) of the
estimated total project cost; and
8 (iii) Except for small-scale solar projects, does not have in place investment or lending
9 agreements necessary to finance the construction of the facility prior to the submittal of an
10 application or bid for which the payment of performance-based incentives are sought under this
11 chapter except to the extent that such financing agreements are conditioned upon the project
12 owner being awarded performance-based incentives under the provisions of this chapter. For
13 purposes of this definition, pre-existing hydro generation shall be exempt from the provisions of
14 subsection (i) of this section, regarding operation, if the hydro-generation facility will need a
15 material investment to restore or maintain reliable and efficient operation and meet all regulatory,
16 environmental, or operational requirements. For purposes of this provision, "material investment"
17 shall mean investment necessary to allow the project to qualify as a new, renewable-energy
18 resource under § 39-26-2(2). To be eligible for this exemption, the hydro-project developer at the
19 time of submitting a bid in the applicable procurement must provide reasonable evidence with its
20 bid application showing
the level of investment needed, along with any other facts that support a
21 finding that the investment is material, the determination of which shall be a part of the bid
22 review process set forth in § 39-26.6-16 for the
award of bids.
23 (5) "Community remote distributed generation system" means a distributed generation
24 facility greater than two hundred
fifty kilowatt (250 kW) nameplate direct current which allocates
25 bill credits for each kilowatt hour (kWh) generated to a minimum of three (3) eligible recipient
26 customer accounts, provided that no more than fifty percent (50%) of the credits produced by the
27 system are allocated to one eligible recipient customer account, and provided further that at least
28 fifty percent (50%) of the credits produced by the system are allocated to eligible recipients in an
29 amount not to exceed that which is produced annually by twenty-five kilowatt (25 kW) AC
30 capacity. The community remote distributed generation system may transfer credits to eligible
31 recipient customer accounts in an amount that is equal to or less than the sum of the usage of the
32 eligible recipient customer accounts measured by the three (3) year average annual consumption
33 of energy over the previous three (3) years. A projected annual consumption of energy may be
34 used until the actual three (3) year average annual consumption of energy over the previous three
1 (3) years at the eligible recipient customer accounts becomes available for use in determining
2 eligibility of the generating system. The community remote distributed generation system may be
3 owned by the same entity that is the customer of record on the net-metered account or may be
4 owned by a third party.
5 (5)(6) "Distributed-generation project"
means a distinct installation of a distributed-
6 generation
facility. An
installation will
be considered distinct
if it
does not violate
the
7 segmentation prohibition set forth in § 39-26.6-9.
8 (6)(7) "Electric
distribution
company"
means a company defined in
§
39-1-2(12),
9 supplying standard-offer service,
last-resort service,
or
any
successor
service
to end-use
10 customers, but not including the
Block Island Power Company or the Pascoag Utility District.
11 (7)(8) "ISO-NE"
means Independent
System
Operator-New
England,
the Regional
12 Transmission Organization
for New
England designated by the
Federal
Energy
Regulatory
13 Commission.
14 (8)(9) "Large distributed-generation project" means a distributed-generation project that
15 has a nameplate capacity
that exceeds the
size of a small,
distributed-generation project in a given
16 year,
but is no greater than five megawatts
(5
MW) nameplate capacity.
17 (9)(10) "Large-scale solar project" means a solar distributed-generation project with the
18 nameplate capacity specified
in § 39-26.6-7.
19 (10)(11) "Medium-scale solar project" means a solar distributed-generation project with
20 the nameplate capacity specified in
§ 39-26.6-7.
21 (11)(12) "Office" means the Rhode Island office of energy resources.
22 (12)(13) "Program year" means a year beginning April 1 and ending March 31, except
23 for the first program year, that may commence after April 1, 2015, subject to commission
24 approval.
25 (13)(14) "Renewable energy classes" means categories for different renewable-energy
26 technologies using eligible renewable-energy resources as defined by § 39-26-5, including biogas
27 created as a result of anaerobic digestion, but, specifically excluding all other listed eligible
28 biomass fuels specified in § 39-26-2(6). For each program year, in addition to the classes of solar
29 distributed-generation specified in § 39-26.6-7, the board shall determine the renewable-energy
30 classes as
are reasonably feasible
for use
in meeting distributed-generation objectives from
31 renewable-energy resources and are consistent with the goal of meeting the annual target for the
32 program year. The board may make recommendations to the commission to add, eliminate, or
33 adjust renewable-energy classes for each program year, provided that the solar classifications set
34 forth in § 39-26.6-7 shall remain in effect for at least the first two (2) program years and no
1 distributed-generation project may exceed five
megawatts (5MW) of nameplate
capacity.
2 (14)(15) "Renewable-energy certificate" means a New England Generation Information
3 System renewable energy certificate as defined in § 39-26-2(13).
4 (16) "Shared solar facility" means a single small-scale or medium-scale solar facility that
5 must allocate bill credits to at least two (2) and no more than fifty (50) accounts in the same
6 customer class and on the same or adjacent parcels of land. Public entities may allocate such bill
7 credits to at least two (2) and up to fifty (50) accounts without regard to physical location so long
8 as the facility and accounts are within the same municipality. In no case will the annual allocated
9 credits in kWh exceed the prior three (3) year annual average usage, less any reductions for
10 verified energy efficiency measures installed
at the
customer premises,
of
the customer account to
11 which the
bill credits are transferred.
12 (15)(17) "Small-scale solar project" means a solar distributed-generation project with the
13 nameplate capacity specified
in § 39-26.6-7.
14 (16)(18) "Small distributed-generation project" means a distributed generation renewable
15 energy project that has a nameplate capacity within the following: Wind: fifty kilowatts (50 KW)
16 to one and one-half megawatts (1.5 MW); small-scale solar projects and medium-scale solar
17 projects with the capacity limits as specified in § 39-26.6-7. For technologies other than solar and
18 wind, the board shall set the nameplate capacity size limits, but such limits may not exceed one
19 (1MW) megawatt
20 (17)(19) "Ceiling price" means the bidding price cap applicable to an enrollment for a
21 given distributed-generation class, that shall be approved annually for each renewable-energy
22 class pursuant to the procedure established in this chapter. The ceiling price for each technology
23 should be a price that would allow a private owner to invest in
a given project at a
reasonable rate
24 of return, based on recently reported and forecast information on the cost of capital, and the cost
25 of generation equipment. The calculation of the reasonable rate of return for a project shall
26 include, where applicable, any state or federal incentives, including, but not limited to, tax
27 incentives.
28 39-26.6-4. Continuation of board. -- (a) The distributed generation standard contract
29 board
shall remain fully
constituted and
authorized as provided in
chapter 26.2 of title 39
30 provided, however,
that
the name
shall
be
changed
to the "distributed-generation board."
31 Additional purposes of the board shall be to:
32 (1) Evaluate and make recommendations to the commission regarding ceiling prices and
33 annual targets, the make-up of renewable-energy classifications eligible under the distributed-
34 generation growth program,
the
terms of the tariffs, and other duties as set forth in this chapter;
1 (2) Provide consistent, comprehensive, informed, and publicly accountable involvement
2 by representatives of all interested stakeholders affected by, involved with, or knowledgeable
3 about the development of distributed-generation projects that are eligible for performance-based
4 incentives under the distributed-generation
growth
program; and
5 (3) Monitor and evaluate the effectiveness of the distributed-generation growth program.
6 (b) The office, in consultation with the board, shall be authorized to hire, or to request
7 the electric-distribution company to hire, the services of qualified consultants to perform ceiling
8 price studies subject to commission approval that shall be granted or denied within sixty (60)
9 days of receipt of such request from the office. The cost of such studies shall be recoverable
10 through the rate reconciliation provisions of the electric-distribution company set forth in § 39-
11 26.6-25, subject to commission approval. In addition, the office, in consultation with the board,
12 may request the commission to approve other costs incurred by the board, office or the electric-
13 distribution company to utilize consultants for annual programmatic services or to perform any
14 other studies and reports, subject to the review and approval of the commission, that shall be
15 granted or denied within one hundred twenty (120) days of receipt of such request from the
16 office, and that shall be recoverable through
the
same reconciliation provisions.
17 39-26.6-5. Tariffs proposed and approved. -- (a) Each year, for a period of at least five
18 (5) program years, the electric-distribution company shall file tariffs with the commission that are
19 designed to provide a multi-year stream of performance-based incentives to eligible renewable-
20 distributed generation projects for a term of years, under terms and conditions set forth in the
21 tariffs and
approved by the commission. The tariffs shall set forth the rights
and obligations of
the
22 owner of
the
distributed-generation project and
the conditions
upon
which
payment of
23 performance-based incentives by the electric-distribution company will be paid. The tariffs shall
24 include the non-price conditions set forth in §§ 39-26.2-7(2)(i) - (vii) for small distributed-
25 generation projects (other than small-and medium-scale solar) and large distributed-generation
26 projects; provided, however, that the time periods for such projects to reach ninety percent (90%)
27 of output shall be extended to twenty-four (24) months (other than eligible anaerobic-digestion
28 projects which shall be thirty-six (36) months, and eligible small-scale hydro, which shall be
29 forty-eight (48) months). The non-price conditions in the tariffs for small-and medium-scale solar
30 shall take into account the different circumstances for distributed generation projects of the
31 smaller sizes.
32 (b) In addition to the tariff(s), the filing shall include the rules governing the solicitation
33 and enrollment process. The solicitation rules will be designed to ensure the orderly functioning
34 of the distributed-generation growth program and shall be consistent with the legislative purposes
1 of this chapter.
2 (c) In proposing the tariff(s) and solicitation rules applicable to each year, the tariff(s)
3 and rules shall be developed by the electric distribution company and will be reviewed by the
4 office and the board before being sent to the commission for its approval. The proposed tariffs
5 shall include the ceiling prices and term lengths for each tariff that are recommended by the
6 board. The term lengths shall be from fifteen (15) to twenty (20) years, provided, however, that
7 the board may recommend shorter terms for small-scale solar projects. Whatever term lengths
8 between fifteen (15) and twenty (20) years are chosen for any given tariff, the evaluation of the
9 bids for that tariff shall be done on a consistent basis such that the same term lengths for
10 competing bids are used
to
determine
the
winning bids.
11 (d) The board shall use the same standards for setting ceiling prices as set forth in § 39-
12 26.2-5. In setting the ceiling prices, the board may specifically consider:
13 (1) Transactions for newly developed renewable-energy resources, by technology and
14 size,
in
the ISO-NE
control area and the northeast corridor;
15 (2) Pricing from bids received
during the previous program year;
16 (3) Environmental benefits, including, but not limited to,
reducing carbon
emissions;
17 (4) for community remote
distributed
generation systems,
administrative
costs
and
18 financial benefits for participating customers;
19 (4)(5) System benefits; and
20 (5)(6) Cost effectiveness.
21 (e) At least forty-five (45) days before filing the tariff(s) and solicitation rules, the
22 electric distribution company shall provide the tariff(s) and rules in draft form to the board for
23 review. The commission shall have the authority to determine the final terms and conditions in
24 the tariff and rules. Once approved, the commission shall retain exclusive jurisdiction over the
25 performance-based incentive payments, terms, conditions, rights, enforcement, and
26 implementation of the tariffs
and
rules, subject to appeals
pursuant to chapter 5 of title 39.
27 39-26.6-7. Solar project size categories. -- (a) Tariff(s) shall be proposed for each of the
28 following solar distributed generation classes:
29 (1) Small-scale
solar projects;
30 (2) Medium-scale
solar projects;
31 (3) Commercial-scale solar projects; and
32 (4) Large-scale solar projects.
33 (b) Such classes of solar distributed-generation projects shall be established based on
34 nameplate
megawatt size
as follows:
1 (1) Large scale: solar projects from one megawatt (1 MW), up to and including, five
2 megawatts (5
MW)
nameplate capacity;
3 (2) Commercial scale: solar projects greater than two hundred fifty kilowatts (250 kW),
4 but less than
one megawatt (1 MW) nameplate capacity;
5 (3) Medium scale: solar projects greater than twenty-five kilowatts (25 kW), up to and
6 including, two hundred fifty
kilowatts (250 kW) nameplate capacity; and
7 (4) Small
scale: solar projects, up to and including, twenty-five kilowatts (25 kW)
8 nameplate capacity.
9 (c) Other classifications of solar projects may also be proposed by the board, subject to
10 the approval
of
the
commission.
After the second program
year,
the board may make
11 recommendations to the commission to adjust the size categories of the solar classes, provided
12 that the medium-scale solar projects may not exceed two hundred fifty kilowatts (250 kW);
13 and/or allocated capacity
to community distributed generation facilities, allowing them to
14 compete or enroll under a distinct ceiling price.
15 39-26.6-21. Ownership of output, other attributes, and
renewable energy
16 certificates. -- (a) Except as provided herein for residential small-scale solar projects,
distributed-
17 generation projects participating in the renewable energy-growth program shall transfer to the
18 electric-distribution
company the
rights and title to:
19 (1) Those renewable-energy certificates generated by the project during the term of the
20 applicable, performance-based
incentive tariff;
21 (2) All energy
produced by the generation that is not otherwise consumed on site under
a
22 net-metering arrangement;
and
23 (3) Rights to any other environmental attributes or market products that are created or
24 produced
by the
project; provided, however, that it shall be the
election of the electric-distribution
25 company whether it chooses to acquire the capacity of the distributed-generation projects under
26 the tariffs set forth in this chapter and no ceiling prices recommended by the board and approved
27 by the commission will be adjusted downward in light of the electric-distribution company's
28 election. The electric-distribution company shall: (1) Sell sell any products acquired and credit
29 them to the reconciliation account specified in § 39-26.6-25; and/or (2) Use such products to
30 serve customers and establish a price to be credited by customers using such products based on
31 recent and near-term projections of market prices. When a generator reverts to net metering after
32 the end of the tariff term under the renewable-energy growth program, the net-metering generator
33 shall retain title to the renewable-energy certificates generated by the project. In the case of
34 residential,
small-scale
projects,
title
to all
energy and capacity
produced
from the
solar
1 generation shall remain with the residential customer; shall not be transferred to the electric-
2 distribution company; and shall be deemed consumed by the residential customer on-site during
3 the applicable, distribution-service billing period with no sale or purchase between the residential
4 customer and
the
electric-distribution company.
5 (b) For the accounting purposes of the electric-distribution company in treating the
6 performance-based incentives, the
cost
of the energy
that
is procured shall be the
real time market
7 price of energy and the balance of the performance-based incentive shall be attributable to the
8 purchase of environmental and any other attributes acquired. This accounting shall have no effect
9 on the total, bundled performance-based incentive to which the distributed-generation project is
10 entitled
under the provisions of this
chapter.
11 SECTION 6. Chapter 39-26.6 of the General Laws entitled "The Renewable Energy
12 Growth
Program'' is
hereby amended
by adding thereto the following sections:
13 39-26.6-26. Shared solar facilities. --
(a) In order to facilitate the adoption of solar by
14 customers in multifamily structures, campuses, multi-structure business parks, multitenant or
15 multi-owner
commercial facilities, and
public entities
with
multiple
accounts, the
electric
16 distribution company
may establish
rules and
tariffs for program years
starting on or after April 1,
17 2016. Such rules and tariffs will set forth the requirements for eligible recipients, credit transfers,
18 consumer protection, and other considerations and terms, with input from the office, for the
19 commission's review
and approval.
20 (b) Shared solar facilities will receive the same ceiling price and enroll from the same
21 classes of other projects of the same size and ownership as established by the board for a given
22 program year.
23 (c) All customer accounts receiving bill credits shall be in the same customer class and
24 the bill credit value from the shared solar facility shall be determined by the recipients' rate class
25 and not that of the facility
owner. The credit value shall be the
distribution, transition,
26 transmission
and standard
offer supply rates of the bill credit recipients.
27 (d) Any value
of bill
credits not
transferred from the
shared solar facility shall be
28 included in the total performance based incentive, which shall be paid in accordance with the
29 tariffs established by the electric distribution
company.
30 39-26.6-27.
Community
remote distributed generation
system.-- (a) In
order
to
31 facilitate the adoption of participation in renewable energy projects by eligible customers the
32 board may allocate a portion of the annual MW goal to a separate class or classes of community
33 remote distributed generation systems, which may compete under separate ceiling prices from
34 non-community remote distributed generation systems, for program years starting on or after
1 April 1, 2019.
2 (b) Upon such allocation by the board, the electric distribution company shall establish
3 rules and tariffs for program years starting on or after April 1, 2019, which rules and tariffs will
4 set forth the requirements for eligible recipients, credit transfers, consumer protection, and other
5 considerations and terms, with input from the
office, for the commission's review
and approval.
6 (c) The value of credits to be allocated to credit recipients may be a fixed rate provided
7 by the system owner, but shall not be greater than the sum of the standard offer service, less the
8 renewable
energy standard
charge or credit, and the transmission
and transition rates, of the credit
9 recipient as offered by the electric distribution company in effect at the time of establishing the
10 transfer. If a fixed credit rate is not provided, the default credit will be the sum of the standard
11 offer service, less the renewable energy standard charge or credit, and the transmission and
12 transition rates, of the credit recipient as offered by the electric distribution company in effect at
13 the time
of the transfer.
14 (d) Any credits not allocated
in any month will be
valued
at the
then
current default credit
15 rate, and deducted
from the total performance based incentive of the enrolled
system.
16 (e) Community remote distributed
generation
systems
shall not:
17 (1) Comprise more than thirty percent (30%) of the annual
total of capacity available
18 under the renewable
energy growth program in
each year;
19 (2) Be subject to a ceiling price that is more than fifteen percent (15%) higher than the
20 then in effect ceiling price for the same technology of the same size as recommended by the
21 board and approved by the commission; or
22 (3) Transfer credits to any account in an amount that in kWh exceeds the prior three (3)
23 year annual average usage.
24 SECTION 7. Sections 44-3-3 and 44-3-9 of the General Laws in Chapter 44-3 entitled
25 "Property Subject to Taxation" are hereby amended
to
read as follows:
26 44-3-3. Property exempt. --
(a) The following property is
exempt from taxation.
27 (1) Property belonging to the
state except as provided in § 44-4-4.1;
28 (2) Lands ceded or belonging to the
United States;
29 (3) Bonds and other securities issued and exempted from taxation by the government of
30 the United
States or of this state;
31 (4) Real estate,
used exclusively for
military
purposes,
owned by chartered or
32 incorporated organizations approved by the adjutant general and composed of members of the
33 national guard, the
naval militia, or the
independent chartered
military organizations;
34 (5) Buildings for free public schools, buildings for religious worship, and the land upon
1 which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so
2 far as the buildings and land are occupied and used exclusively for religious or educational
3 purposes;
4 (6) Dwellings houses and the land on which they
stand, not exceeding one acre in size, or
5 the minimum lot size for zone in which the dwelling house is located, whichever is the greater,
6 owned by, or held in trust for, any religious organization and actually used by its officiating
7 clergy;
provided, further,
that
in the
town
of
Charlestown, where the property
previously
8 described in this paragraph is exempt in total, along with dwelling houses and the land on which
9 they stand in Charlestown, not exceeding one acre in size, or the minimum lot size for zone in
10 which the dwelling house is located, whichever is the greater, owned by, or held in trust for, any
11 religious organization
and actually used by its officiating clergy,
or used as a convent,
nunnery,
or
12 retreat center by its religious order.
13 (7) Intangible personal property owned by, or held in trust for, any religious or charitable
14 organization,
if the principal or income
is used or appropriated
for
religious
or
charitable
15 purposes;
16 (8) Buildings and personal estate owned by any corporation used for a school, academy,
17 or seminary of learning, and of any incorporated public charitable institution, and the land upon
18 which
the
buildings stand and immediately surrounding
them
to an extent not exceeding
one acre,
19 so far as they are used exclusively for educational purposes, but no property or estate whatever is
20 hereafter exempt from taxation in any case where any part of its income or profits, or of the
21 business carried on there, is divided among its owners or stockholders; provided, however, that
22 unless any private nonprofit corporation organized as a college or university located in the town
23 of Smithfield reaches a memorandum of agreement with the town of Smithfield, the town of
24 Smithfield shall bill
the
actual
costs
for
police, fire,
and rescue services supplied,
unless
25 otherwise
reimbursed, to said corporation commencing March
1, 2014;
26 (9) Estates, persons, and families of the president and professors for the time being of
27 Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer's
28 estate, person, and family included, but only to the extent that any person had claimed and
29 utilized the exemption prior to,
and for a
period ending, either on
or
after December 31, 1996;
30 (10) Property especially exempt by charter unless the exemption has been waived in
31 whole or in part.:
32 (11) Lots of land exclusively for burial grounds;
33 (12) Property, real and personal, held for, or by, an incorporated library, society, or any
34 free public library, or any free public library society, so far as the property is held exclusively for
1 library purposes, or for the aid or support of the
aged poor, or poor friendless children,
or
the poor
2 generally, or for a nonprofit hospital for the sick or disabled;
3 (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated
4 organizations of veterans of any war in which the United States has been engaged, the parent
5 body of which has been incorporated by act of Congress, to the extent of four hundred thousand
6 dollars ($400,000) if actually used
and occupied by the association; provided, that the city council
7 of the city of Cranston may by ordinance exempt the real or personal estate as previously
8 described in this subdivision located within the city of Cranston to the extent of five hundred
9 thousand
dollars
($500,000);
10 (14) Property, real and personal, held for, or by, the fraternal corporation, association, or
11 body created to build and maintain a building or buildings for its meetings or the meetings of the
12 general
assembly
of
its
members,
or
subordinate bodies
of
the fraternity,
and
for the
13 accommodation of other fraternal bodies or associations, the entire net income of which real and
14 personal property is exclusively
applied or to be used to build, furnish, and maintain an asylum or
15 asylums, a home or homes, a school or schools, for the free education or relief of the members of
16 the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity,
17 their wives, widows, or orphans, and any fund given or held for the purpose of public education,
18 almshouses, and the land and
buildings
used
in connection
therewith;
19 (15) Real estate and personal property of any
incorporated volunteer fire engine company
20 or incorporated volunteer ambulance
or rescue corps
in active service;
21 (16) The estate of any person who, in the judgment of the assessors, is unable from
22 infirmity or poverty to pay the tax; providing, that in the town of Burrillville the tax shall
23 constitute
a lien for five
(5) years on the property where
the owner is entitled to the exemption. At
24 the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold or
25 conveyed, or if debt secured by the property is refinanced during the five (5) year period, the lien
26 immediately becomes due and payable; any person claiming the exemption aggrieved by an
27 adverse decision of an assessor shall appeal the decision to the local board of tax review and
28 thereafter according to the provisions of § 44-5-26;
29 (17) Household furniture and family stores of a housekeeper in the whole, including
30 clothing, bedding, and other white goods, books, and all other tangible personal property items
31 that are
common to the normal household;
32 (18) Improvements made to any real property to provide a shelter and fallout protection
33 from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided,
34 that the improvements meet applicable standards for shelter construction established from time to
1 time by the Rhode Island emergency management agency. The improvements are deemed to
2 comply with the provisions of any building code or ordinance with respect to the materials or the
3 methods of construction used and any shelter or its establishment is deemed to comply with the
4 provisions
of
any zoning code or ordinance;
5 (19) Aircraft for which the fee required
by § 1-4-6
has been paid to the tax administrator;
6 (20) Manufacturer's inventory
7 (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to
8 be a manufacturer within a city or town within this state if that person uses any premises, room,
9 or place in it primarily for the purpose of transforming raw materials into a finished product for
10 trade through any or all of the following operations: adapting, altering, finishing, making, and
11 ornamenting;
provided,
that public
utilities;
non-regulated
power
producers
commencing
12 commercial operation by selling electricity at retail or taking title to generating facilities on or
13 after July 1,
1997; building and construction contractors; warehousing operations, including
14 distribution bases or outlets of out-of-state manufacturers; and fabricating processes incidental to
15 warehousing or distribution of raw materials, such as alteration of stock for the convenience of a
16 customer; are excluded
from this
definition;
17 (ii) For
the
purposes of §§ 44-3-3, 44-4-10, and 44-5-38,
the term "manufacturer's
18 inventory" or
any similar
term
means and includes
the manufacturer's
raw materials,
the
19 manufacturer's work in process, and finished products manufactured by the manufacturer in this
20 state, and not sold, leased, or traded by the manufacturer or its title or right to possession
21 divested; provided, that the term does not include any finished products held by the manufacturer
22 in any retail store or other similar selling place operated by the manufacturer whether or not the
23 retail establishment is located in the same building in which the manufacturer operates the
24 manufacturing plant;
25 (iii) For the purpose of § 44-11-2, a "manufacturer" is a person whose principal business
26 in this
state consists of transforming raw materials
into a
finished product for trade through
any or
27 all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be
28 principally
engaged if the gross receipts that person derived from the manufacturing
operations in
29 this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than
30 fifty percent (50%) of the total gross receipts that person derived from all the business activities
31 in which that person engaged in this state during the taxable year. For the purpose of computing
32 the percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished
33 products manufactured by the manufacturer in this state, even though the manufacturer's store or
34 other selling
place may
be
at a different
location from
the location of
the manufacturer's
1 manufacturing plant in this state,
are deemed to
have
been derived from manufacturing;
2 (iv)
Within
the meaning of the preceding
paragraphs
of
this
subdivision,
the
term
3 "manufacturer" also includes persons who are principally engaged in any of the general activities
4 coded and listed
as
establishments engaged in
manufacturing in
the
Standard
Industrial
5 Classification Manual prepared by the Technical Committee on Industrial Classification, Office
6 of Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as
7 revised from time to time, but eliminating as manufacturers those persons, who, because of their
8 limited type of manufacturing activities, are classified in the manual as falling within the trade
9 rather than an industrial classification
of
manufacturers. Among those thus
eliminated, and
10 accordingly also excluded as manufacturers within the meaning of this paragraph, are persons
11 primarily engaged
in selling,
to the
general public, products produced on the
premises from which
12 they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and
13 custom tailors, except, that a person who manufactures bakery products for sale primarily for
14 home delivery, or through one or more non-baking retail outlets, and whether or not retail outlets
15 are operated by person,
is a manufacturer within the
meaning of this
paragraph;
16 (v) The term "Person"
means and includes, as appropriate, a person, partnership, or
17 corporation; and
18 (vi) The department of revenue shall provide to the local assessors any assistance that is
19 necessary in determining the
proper application
of
the definitions
in this subdivision.
20 (21) Real and tangible personal property acquired to provide a treatment facility used
21 primarily to control the pollution or contamination of the waters or the air of the state, as defined
22 in chapter
12
of title 46 and chapter
25
of
title
23,
respectively, the
facility having been
23 constructed,
reconstructed,
erected, installed, or
acquired in
furtherance
of federal or state
24 requirements or standards for the control of water or air pollution or contamination, and certified
25 as approved in an order entered by the director of environmental management. The property is
26 exempt as long as it is operated properly in compliance with the order of approval of the director
27 of environmental management; provided, that any grant of the exemption by the director of
28 environmental management in excess of ten (10) years is approved by the city or town in which
29 the property is situated. This provision applies only to water and air pollution control properties
30 and facilities installed for the treatment of waste waters and air contaminants resulting from
31 industrial processing; furthermore, it applies only to water or air pollution control properties and
32 facilities placed in
operation for the first time
after April 13,
1970;
33 (22) New manufacturing machinery and equipment acquired or used by a manufacturer
34 and purchased after December 31, 1974. Manufacturing machinery and equipment is
defined as:
1 (i) Machinery and equipment used exclusively in the actual manufacture or conversion of
2 raw materials
or
goods in the process of manufacture by a manufacturer, as
defined
in subdivision
3 (20) of this section, and machinery, fixtures, and equipment used exclusively by a manufacturer
4 for research and development or for quality assurance of its
manufactured products;
5 (ii) Machinery and equipment that
is partially
used in
the
actual manufacture or
6 conversion of raw materials or goods in process of manufacture by a manufacturer, as defined in
7 subdivision (20) of this section, and machinery, fixtures, and equipment used by a manufacturer
8 for research and development or for quality assurance of its manufactured products, to the extent
9 to which the machinery and equipment is used for the manufacturing processes, research and
10 development, or quality assurance. In the instances where machinery and equipment is used in
11 both manufacturing and/or research
and development, and/or quality assurance activities and non-
12 manufacturing activities, the assessment on machinery and equipment is prorated by applying the
13 percentage of usage of the equipment for the manufacturing, research and development and
14 quality assurance activity to the value of the machinery and equipment for purposes of taxation,
15 and the portion of the value used for manufacturing, research and development, and quality
16 assurance
is exempt from
taxation. The burden of demonstrating this percentage
usage
of
17 machinery and equipment for manufacturing and for research and development, and/or quality
18 assurance
of its manufactured
products
rests with the manufacturer; and
19 (iii) Machinery and equipment described in § 44-18-30(7) and (22) that was purchased
20 after July 1, 1997; provided that the city or town council of the city or town in which the
21 machinery and equipment is
located
adopts an ordinance exempting the machinery and equipment
22 from taxation.
For
purposes
of
this
subsection,
city
councils
and town councils
of
any
23 municipality may, by ordinance,
wholly or partially exempt from taxation the machinery and
24 equipment discussed in this subsection for the period of time established in the ordinance and
25 may, by ordinance, establish the procedures for taxpayers to avail themselves of the benefit of
26 any exemption permitted under this section; provided, that the ordinance does not apply to any
27 machinery or equipment of a business, subsidiary, or any affiliated business that locates or
28 relocates from a
city or town
in
this state
to
another city or town in the state.
29 (23) Precious metal bullion, meaning any elementary metal that has been put through a
30 process of melting or refining, and that is in a state or condition that its value depends upon its
31 content and not its form. The term does not include fabricated precious metal that has been
32 processed or manufactured for some one or more specific and customary industrial, professional,
33 or artistic uses;
34 (24) Hydroelectric power generation equipment, which includes, but is not limited to,
1 turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,
2 protective relaying, bus bars, cables, connections, trash racks,
headgates, and conduits. The
3 hydroelectric power generation equipment must have been purchased after July 1, 1979, and
4 acquired or used by a person or corporation who or that owns or leases a dam and utilizes the
5 equipment to
generate hydroelectric power;
6 (25) Subject to authorization by formal action of the council of any city or town, any real
7 or personal property owned by, held in trust for, or leased to an organization incorporated under
8 chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable trust" set
9 out in § 18-9-4, as amended, or an organization incorporated under the not for profits statutes of
10 another state
or the
District of Columbia,
the purpose of which
is
the conserving of open
space,
as
11 that
term is
defined
in chapter
36
of title 45,
as
amended, provided
the property
is used
12 exclusively for the
purposes of the organization;
13 (26) Tangible personal property, the primary function of which is the recycling, reuse, or
14 recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from
15 or the treatment of "hazardous wastes" as defined in § 23-19.1-4, where the "hazardous wastes"
16 are generated primarily by the same taxpayer and where the personal property is located at, in, or
17 adjacent to a generating facility
of the taxpayer.
The
taxpayer may, but need
not,
procure an order
18 from the director of the department of environmental management certifying that the tangible
19 personal property has this function,
which order effects a conclusive presumption that the
tangible
20 personal property qualifies for the exemption under this subdivision. If any information relating
21 to secret processes or methods of manufacture, production, or treatment is disclosed to the
22 department of environmental management only to procure an order, and is a "trade secret" as
23 defined in § 28-21-10(b), it shall not be open to public inspection or publicly disclosed unless
24 disclosure is otherwise required under chapter 21 of title
28 or chapter 24.4 of title 23;
25 (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4
26 has been
paid;
27 (28) Real
and
personal
property
of
the Providence
Performing Arts Center,
a
non-
28 business corporation
as of December 31, 1986;
29 (29) Tangible personal property owned by, and used exclusively for the purposes of, any
30 religious organization located
in
the city of Cranston;
31 (30) Real and personal property
of the Travelers
Aid
Society of Rhode Island, a nonprofit
32 corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited
33 liability company that is
formed
in connection
with, or to
facilitate
the
acquisition
of, the
34 Providence
YMCA Building; and
1 (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-
2 for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited
3 liability company that is
formed
in connection
with, or to
facilitate
the
acquisition
of, the
4 properties designated as the Meeting Street National Center of Excellence on Eddy Street in
5 Providence, Rhode
Island.
6 (32) The buildings, personal property, and land upon which the buildings stand, located
7 on Pomham Island, East Providence, currently identified as Assessor's Map 211, Block
01, Parcel
8 001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet
9 and is located approximately eight hundred sixty feet (860'), more or less, from the shore, and
10 limited exclusively to these said buildings personal estate and land, provided that said property is
11 owned by
a qualified 501(c)(3) organization,
such as the American Lighthouse Foundation,
and is
12 used exclusively for a lighthouse.
13 (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,
14 Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by
15 the Stadium Theatre
Foundation, a Rhode Island nonprofit corporation.
16 (34) Real and tangible personal property of St. Mary Academy – Bay View, located in
17 East Providence,
Rhode
Island.
18 (35) Real
and
personal
property
of
East
Bay Community Action Program and its
19 predecessor,
Self
Help, Inc;
provided, that
the
organization
is qualified
as a tax
exempt
20 corporation under §
501(c)(3) of the United
States Internal Revenue Code.
21 (36) Real and personal
property
located within
the
city of East Providence of the
22 Columbus Club of East Providence, a
Rhode Island charitable nonprofit corporation.
23 (37) Real and personal
property
located within
the
city of East Providence of the
24 Columbus Club of Barrington,
a Rhode Island charitable
nonprofit corporation.
25 (38) Real and personal property located within the
city of East Providence of Lodge 2337
26 BPO Elks, a Rhode Island nonprofit corporation.
27 (39) Real and personal property located within the city of East Providence of the St.
28 Andrews
Lodge No. 39, a Rhode Island charitable nonprofit corporation.
29 (40) Real and personal property
located within the city of East Providence
of the
Trustees
30 of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island
31 nonprofit corporation.
32 (41) Real and personal property located on the first floor of 90 Leonard Avenue within
33 the city of East Providence of the Zion Gospel Temple, Inc., a
religious nonprofit corporation.
34 (42) Real and personal property located within the city of East Providence of the Cape
1 Verdean
Museum Exhibit, a
Rhode Island nonprofit corporation.
2 (43) The real and personal property owned by a qualified 501(c)(3) organization that is
3 affiliated and in
good standing
with
a
national,
congressionally
chartered organization and
4 thereby adheres to that organization's standards and provides activities designed for recreational,
5 educational, and character building purposes for children from ages six (6) years to seventeen
6 (17) years.
7 (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music
8 School; provided, that the organization is qualified as a tax exempt corporation under § 501(c)(3)
9 of the
United
States Internal Revenue Code.
10 (45) The real and personal property located within the town of West Warwick at 211
11 Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven
12 hundred and fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of
13 East Greenwich, a
Rhode Island nonprofit corporation.
14 (46) Real and personal property of the Comprehensive Community Action Program, a
15 qualified tax exempt corporation under § 501(c)(3) of the United States Internal Revenue Code.
16 (47) Real and personal property located at 52 Plain Street, within the
city
of Pawtucket of
17 the Pawtucket Youth
Soccer Association, a Rhode
Island nonprofit corporation.
18 (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the
19 value of its real property shall be the value determined by the most recent full revaluation or
20 statistical property update performed by the city or town; provided, however, in the year a
21 nonprofit hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-
22 profit hospital facility is initially established, the value of the real property and personal property
23 of the for-profit hospital facility shall be determined by a valuation performed by the assessor for
24 the purpose of determining an initial assessed value of real and personal property, not previously
25 taxed by
the city or town, as
of the most recent date of assessment pursuant to
§ 44-5-1, subject to
26 a right of appeal by the for-profit hospital facility which shall be made to the city or town tax
27 assessor with a direct appeal from an
adverse decision to the
Rhode Island superior court business
28 calendar.
29 A "for-profit hospital facility" includes all real and personal property affiliated with any
30 hospital as
identified
in an application
filed pursuant
to chapters 23-17 and/or 23-17.14.
31 Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-
32 profit hospital facility under § 44-3-9 or other laws specific to the particular city or town relating
33 to stabilization
agreements.
In a year
in which a nonprofit hospital facility
converts to, or
34 otherwise becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise
1 established, in that year only the amount levied by the city or town and/or the amount payable
2 under the
stabilization agreement for that year related to
the for-profit hospital facility shall not be
3 counted towards determining the maximum tax levy permitted
under § 44-5-2.
4 (48) Renewable energy resources as defined in §39-26-5 used in residential systems and
5 associated equipment used therewith
in service
after December 31, 2015.
6 (49) Renewable energy resources, as
defined in
§39-26-5,
if
employed by a manufacturer,
7 as defined
in §44-3-3(a),
shall be exempt from taxation in accordance
with§
44-3-3(a).
8 44-3-9. Exemption or stabilizing
of taxes on property used
for manufacturing,
9 commercial, or
residential purposes. -- (a) (1) Except as provided
in this section, the electors of
10 any city or town qualified to vote on a proposition to appropriate money or impose a tax when
11 legally assembled, may vote to authorize the city or town council, for a period not exceeding
12 twenty (20) years, and subject to the conditions as provided in this section, to exempt from
13 payment, in whole or in part, real and personal property which has undergone environmental
14 remediation, is
historically
preserved, or is
used for
affordable
housing, manufacturing,
15 commercial, or residential purposes, or to determine a stabilized amount of taxes to be paid on
16 account of the property, notwithstanding
the
valuation
of the
property
or the rate of tax; provided,
17 that after public hearings, at least ten (10) days' notice of which shall be given in a newspaper
18 having a general circulation in
the city or town, the
city or town council determines that:
19 (i) Granting of the exemption or stabilization will inure to the benefit of the city or town
20 by reason
of:
21 (A) The willingness of the manufacturing or commercial concern to locate in the city or
22 town,
or of individuals to
reside in such an area; or
23 (B) The willingness of a manufacturing firm to expand facilities with an increase in
24 employment or the willingness of a commercial or manufacturing concern to retain or expand its
25 facility in the city or town and
not substantially reduce its
work force in the city or town; or
26 (C) An improvement of the physical plant of the city
or town which will result in a long-
27 term economic benefit to the city or town and state; or
28 (D) An improvement which converts or makes available land or facility that would
29 otherwise
be
not
developable or
difficult
to develop without
substantial environmental
30 remediation; or
31 (ii) Granting
of the exemption or stabilization of taxes will inure to
the benefit of the
city
32 or town by reason of the willingness of a manufacturing or commercial or residential firm or
33 property owner to construct new or to replace, reconstruct, convert, expand, retain or remodel
34 existing buildings, facilities, machinery, or equipment with modern buildings, facilities, fixtures,
1 machinery, or equipment resulting in an increase or maintenance in plant, residential housing or
2 commercial building investment by the firm or property owned in
the
city or town;
3 (2) Provided
that should the city or town council make the
determination
in
4 subparagraph (1)(i)(B) of this subsection, any exemption or stabilization may be granted as to
5 new buildings, fixtures, machinery, or equipment for new buildings, firms or expansions, and
6 may
be
granted as to
existing
buildings,
fixtures, machinery
and
equipment for
existing
7 employers
in
the city or town.
8 (b) Cities shall have the same authority as is granted to towns except that authority
9 granted to the qualified electors of a town and to town councils shall be exercised in the case of a
10 city by the
city council.
11 (c) For purposes of this section, "property used for commercial purposes" means any
12 building or structures used essentially for offices or commercial enterprises.
13 (d) Except as provided in this section, property, the payment of taxes on which has been
14 so exempted or which is subject to the payment of a stabilized amount of taxes, shall not, during
15 the period for which the exemption or stabilization of the amount of taxes is granted, be further
16 liable to taxation by the city or town in which the property is located so long as the property is
17 used for the manufacturing or commercial, or residential purposes for which the exemption or
18 stabilized
amount of taxes was made.
19 (e) Notwithstanding any vote of the qualified electors of a town and findings of a town
20 council or of any vote and findings by a city council, the property shall be assessed for and shall
21 pay that portion of the tax, if any, assessed by the city or town in which the real or personal
22 property is located, for the purpose of paying the indebtedness of the city or town and the
23 indebtedness of the state or any political subdivision of the state to the extent assessed upon or
24 apportioned to the city or town, and the interest on the indebtedness, and for appropriation to any
25 sinking fund of the city or town, which portion of the tax shall be paid in full, and the taxes so
26 assessed and collected shall be kept in
a separate account and used only for that purpose.
27 (f) Nothing in this section shall be deemed to permit the exemption or stabilization
28 provided in this section for any manufacturing or commercial concern relocating from one city or
29 town
within the
state of Rhode
Island
to
another.
30 (g) Renewable energy resources
as defined in §39-26-5
qualify for tax stabilization
31 agreements
pursuant to
§44-3-9(a).
32 SECTION 8. Section 44-5-3 of the General Laws in Chapter 44-5 entitled "Levy and
33 Assessment of Local Taxes" is
hereby amended
to
read as follows:
34 44-5-3. Ratable property of a city or town -- Definitions. -- (a) The ratable property of
1 the city or town consists of the ratable real estate and the ratable tangible personal property
2 (which do not include manufacturer's manufacturing machinery and
equipment of a
3 manufacturer)
and
the ratable tangible
personal
property
of
manufacturers
consisting
of
4 manufacturer's manufacturing machinery and equipment of a
manufacturer.
5 (b) (1) For the purposes of this section and §§ 44-5-20, 44-5-22, 44-5-38, and § 9 of
6 chapter 245, public laws of Rhode Island, 1966, "manufacturing"
includes the handling and
7 storage of manufacturer's
inventories as defined
in § 44-3-3(20)(ii).
8 (2) "Manufacturer's
machinery and equipment" or
"manufacturing machinery and
9 equipment"
is defined as:
10 (i) Machinery and equipment which is used exclusively in the actual manufacture or
11 conversion of materials or goods in the process of manufacture by a manufacturer as defined in §
12 44-3-3(20)
and
machinery, fixtures, and equipment
used exclusively by a manufacturer for
13 research
and development or for quality assurance of its
manufactured products; and
14 (ii) Machinery and equipment
which
is
partially used in the
actual manufacture
or
15 conversion of raw materials or goods in the process of manufacture by a manufacturer as defined
16 in § 44-3-3(20) and machinery, fixtures, and equipment used by a manufacturer for research and
17 development or for quality assurance of its manufactured products, to the extent to which the
18 machinery and equipment is used for the manufacturing processes, research, and development or
19 quality
assurance. In the instances where machinery
and equipment is used in both manufacturing
20 activities, the assessment on machinery and equipment is prorated by applying the percentage of
21 usage of the equipment for manufacturing, research, and development and quality assurance
22 activity to the value of the machinery and equipment for purposes of taxation, and the portion of
23 the value used for manufacturing, research, and development and quality assurance is exempt
24 from taxation. The burden of demonstrating this percentage usage of machinery and equipment
25 for manufacturing and for research and development and/or quality assurance of its manufactured
26 products rests with the
manufacturer.
27 (3) This definition of "manufacturing" or "manufacturer's machinery and equipment"
28 does not include:
29 (i) Motor vehicles required by law
to be registered with
the division of motor vehicles;
30 (ii) Store fixtures and other equipment situated in or upon a retail store or other similar
31 selling place operated by a manufacturer, whether or not the retail establishment store or other
32 similar selling place is located in the same building in which the manufacturer operates his or her
33 manufacturing plant; and
34 (iii) Fixtures or other equipment situated in or upon premises used to conduct a business
1 which
is unrelated
to
the
manufacture of finished products
for
trade and their
sale
by the
2 manufacturer of the products,
whether
or
not the premises where
the
unrelated business
is
3 conducted is in the same building in which the manufacturer has his or her manufacturing plant.
4 The levy
on tangible personal property
of manufacturers consisting
of manufacturer's
5 manufacturing machinery and
equipment of a manufacturer is at the
rate
provided in
§ 44-5-38.
6 (c) Notwithstanding any exemption provided by this section, and
except
for the
7 exemptions created by §§44-3-3(a)(22), 44-3-3(a)(48) and 44-3-3(a)(49), which exemptions shall
8 remain intact, cities
and towns may, by ordinance or
resolution, tax any renewable energy
9 resources as defined in §39-26-5, and associated equipment only
pursuant to rules and regulations
10 that will be established by the office of energy resources in consultation with the division of
11 taxation after the rules are adopted, no later than November 30, 2016.
The rules will provide
12 consistent and
foreseeable
tax
treatment of renewable energy
to facilitate and
promote installation
13 of grid-connected generation of renewable energy and shall consider the following criteria in
14 adopting appropriate and reasonable tangible property tax rates for commercial renewable energy
15 systems:
16 (1) State
policy objectives to promote
renewable energy development;
17 (2) Tax agreements between municipalities and renewable energy developers executed
18 and effective after 2011, including net metering or lease
agreements that address tax
treatment;
19 (3) The valuation
of local property
tax
in the ceiling
prices
set for
the distributed
20 generation standard contract or renewable energy growth programs by the distributed generation
21 board;
22 (4) Assessment practices used
by Rhode
Island
municipal property tax assessors; and
23 (5) Five dollars
($5.00) per kilowatt of nameplate capacity
and the average kilowatt value
24 of the tax agreements and associated payments executed between municipalities and renewable
25 energy developers between 2011 and 2016
shal1
be
the benchmarks for
consideration of
26 reasonable revenue generated by a city or town from renewable energy facilities provided that
27 evidence to the contrary may be incorporated
in
final rules and regulations.
28 (d) The dollar amount adopted through the rules and regulations that municipalities will
29 be required to use for commercial renewable energy systems shall be based on the alternating
30 current (AC) nameplate
capacity of the renewable energy resource.
31 (e) Any renewable energy resource projects that have executed interconnection service
32 agreements with the electric distribution company as of December 31, 2016, shall not be subject
33 to the rules developed under §44-5-3(c) and shall maintain the tax status applicable before the
34 rules
are
adopted,
unless otherwise agreed
pursuant to §44-3-9(a).
1 SECTION 9. Sections 1, 7 and 8 shall take effect upon passage. Sections 2 and 3 shall
2 take effect sixty (60) days after passage and shall apply to all interconnection or net-metering
3 applications submitted and any interconnection impact studies issued on or after January 1, 2015.
4 Sections 4
through
6 shall take
effect January 1, 2019,
except as otherwise provided therein.
5
1 ARTICLE 19
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art.019/2/025/1
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2 RELATING TO EFFECTIVE
DATE
3 SECTION 1. This act shall take effect as of July 1, 2016, except as otherwise provided
4 herein.
5 SECTION
2. This article shall take
effect upon passage.