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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. 2019

A N A C T

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2020

Introduced By: Representative Marvin L. Abney

Date Introduced: January 17, 2019

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 2020

2 ARTICLE 2 RELATING TO STATE FUNDS

3 ARTICLE 3 RELATING TO GOVERNMENT REFORM

4 ARTICLE 4 RELATING TO GOVERNMENT REORGANIZATION

5 ARTICLE 5 RELATING TO TAXES, REVENUE AND FEES

6 ARTICLE 6 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

7 ARTICLE 7 RELATING TO MOTOR VEHICLES

8 ARTICLE 8 RELATING TO TRANSPORTATION

9 ARTICLE 9 RELATING TO EDUCATION

10 ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT

11 OF FY 2019

12 ARTICLE 11 RELATING TO HEALTHCARE MARKET STABILITY

13 ARTICLE 12 RELATING TO ECONOMIC DEVELOPMENT

14 ARTICLE 13 RELATING TO HUMAN SERVICES

15 ARTICLE 14 RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND

16 OPERATING SPACE

17 ARTICLE 15 RELATING TO MARIJUANA

18 ARTICLE 16 RELATING TO CENTRAL FALLS RETIREES' BENEFICIARIES

19 ARTICLE 17 RELATING TO EFFECTIVE DATE

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1 ARTICLE 1 AS AMENDED

2 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2020

3 SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in

4 this act, the following general revenue amounts are hereby appropriated out of any money in the

5 treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2020.

6 The amounts identified for federal funds and restricted receipts shall be made available pursuant to

7 section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes

8 and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw

9 his or her orders upon the general treasurer for the payment of such sums or such portions thereof

10 as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

11 Administration

12 Central Management

13 General Revenues 2,389,232

14 Legal Services

15 General Revenues 2,294,340

16 Accounts and Control

17 General Revenues 5,412,043

18 Restricted Receipts – OPEB Board Administration 149,966

19 Total – Accounts and Control 5,562,009

20 Office of Management and Budget

21 General Revenues 8,220,142

22 Restricted Receipts 300,000

23 Other Funds 1,321,384

24 Total – Office of Management and Budget 9,841,526

25 Purchasing

26 General Revenues 3,335,156

27 Restricted Receipts 459,389

28 Other Funds 503,353

29 Total – Purchasing 4,297,898

30 Human Resources

1 General Revenues 788,541

2 Personnel Appeal Board

3 General Revenues 151,521

4 Information Technology

5 General Revenues 1,647,418

6 Federal Funds 114,000

7 Restricted Receipts 6,622,092

8 Provided that $343,000 of this amount is for the Division of Motor Vehicles for license

9 plates reissuance initial costs.

10 Total – Information Technology 8,383,510

11 Library and Information Services

12 General Revenues 1,457,501

13 Federal Funds 1,155,921

14 Restricted Receipts 1,404

15 Total – Library and Information Services 2,614,826

16 Planning

17 General Revenues 1,530,465

18 Provided that $500,000 is for the Rhode Island Statewide Complete Count Committee.

19 Federal Funds 15,448

20 Other Funds

21 Air Quality Modeling 24,000

22 Federal Highway – PL Systems Planning 3,775,979

23 FTA – Metro Planning Grant 1,107,450

24 Total – Planning 6,453,342

25 General

26 General Revenues

27 Miscellaneous Grants/Payments 130,000

28 Provided that this amount be allocated to City Year for the Whole School Whole Child

29 Program, which provides individualized support to at-risk students.

30 Torts – Courts/Awards 900,000

31 Resource Sharing and State Library Aid 9,562,072

32 Library Construction Aid 1,937,230

33 Restricted Receipts 700,000

34 Other Funds

Rhode Island Capital Plan Funds

Security Measures State Buildings

500,000

Energy Efficiency Improvements

500,000

Cranston Street Armory

500,000

State House Renovations

2,201,684

Zambarano Utilities & Infrastructure

2,242,000

Replacement of Fueling Tanks

330,000

Environmental Compliance

200,000

Big River Management Area

100,000

Veterans Memorial Auditorium

90,000

Shepard Building

250,000

Pastore Center Water Tanks & Pipes

280,000

RI Convention Center Authority

5,500,000

Dunkin Donuts Center

1,500,000

Pastore Center Power Plant Rehabilitation

2,350,000

Accessibility – Facility Renovations

1,000,000

DoIT Enterprise Operations Center

500,000

BHDDH DD & Community Facilities – Asset Protection

200,000

BHDDH DD & Community Homes – Fire Code

1,600,000

BHDDH DD Regional Facilities – Asset Protection

300,000

BHDDH Substance Abuse Asset Protection

250,000

BHDDH Group Homes

500,000

Expo Center (Springfield)

250,000

Hospital Consolidation

13,132,000

McCoy Stadium

200,000

Statewide Facility Master Plan

250,000

Cannon Building

1,250,000

Old Colony House

25,000

Old State House

500,000

State Office Building

350,000

State Office Reorganization & Relocation

1,750,000

William Powers Building

1,250,000

Pastore Center Utilities Upgrade

387,000

Pastore Center Medical Buildings Asset Protection

3,487,500

1 Pastore Center Non-Medical Buildings Asset Protection 4,350,388

2 Washington County Government Center 1,050,000

3 Chapin Health Laboratory 275,000

4 Total – General 62,629,874

5 Debt Service Payments

6 General Revenues 158,777,282

7 Out of the general revenue appropriations for debt service, the General Treasurer is

8 authorized to make payments for the I-195 Redevelopment District Commission loan up to the

9 maximum debt service due in accordance with the loan agreement.

10 Federal Funds 1,870,830

11 Other Funds

12 Transportation Debt Service 36,322,259

13 Investment Receipts – Bond Funds 100,000

14 Total - Debt Service Payments 197,070,371

15 Energy Resources

16 Federal Funds

17 Federal Funds 547,176

18 Stimulus – State Energy Plan 449,498

19 Restricted Receipts 7,817,428

20 Total – Energy Resources 8,814,102

21 Rhode Island Health Benefits Exchange

22 General Revenues 1,591,498

23 Restricted Receipts 8,361,899

24 Total – Rhode Island Health Benefits Exchange 9,953,397

25 Office of Diversity, Equity & Opportunity

26 General Revenues 1,304,197

27 Other Funds 122,303

28 Total – Office of Diversity, Equity & Opportunity 1,426,500

29 Capital Asset Management and Maintenance

30 General Revenues 9,817,305

31 Statewide Savings Initiatives

32 General Revenues

33 Fraud and Waste Detection (1,950,518)

34 Injured-on-Duty Savings (1,657,000)

1 Overtime Savings (1,000,000)

2 Total – Statewide Savings Initiatives (4,607,518)

3 Grand Total – Administration 327,880,776

4 Business Regulation

5 Central Management

6 General Revenues 2,529,586

7 Banking Regulation

8 General Revenues 1,659,819

9 Restricted Receipts 75,000

10 Total – Banking Regulation 1,734,819

11 Securities Regulation

12 General Revenues 1,083,495

13 Restricted Receipts 15,000

14 Total – Securities Regulation 1,098,495

15 Insurance Regulation

16 General Revenues 3,919,342

17 Restricted Receipts 2,011,929

18 Total – Insurance Regulation 5,931,271

19 Office of the Health Insurance Commissioner

20 General Revenues 1,717,106

21 Federal Funds 376,948

22 Restricted Receipts 478,223

23 Total – Office of the Health Insurance Commissioner 2,572,277

24 Board of Accountancy

25 General Revenues 5,883

26 Commercial Licensing and Gaming and Athletics Licensing

27 General Revenues 1,135,403

28 Restricted Receipts 950,957

29 Total – Commercial Licensing and Gaming and Athletics

30 Licensing 2,086,360

31 Building, Design and Fire Professionals

32 General Revenues 5,846,047

33 Federal Funds 378,840

34 Restricted Receipts 2,267,456

1 Other Funds

2 Quonset Development Corporation 71,199

3 Rhode Island Capital Plan Funds

4 Fire Academy 495,160

5 Total – Building, Design and Fire Professionals 9,058,702

6 Office of Cannabis Regulation

7 Restricted Receipts 1,346,264

8 Grand Total – Business Regulation 26,363,657

9 Executive Office of Commerce

10 Central Management

11 General Revenues 1,921,663

12 Housing and Community Development

13 General Revenues 841,208

14 Federal Funds 17,611,003

15 Restricted Receipts 4,754,319

16 Total – Housing and Community Development 23,206,530

17 Quasi–Public Appropriations

18 General Revenues

19 Rhode Island Commerce Corporation 7,431,022

20 Airport Impact Aid 1,010,036

21 Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be

22 distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the

23 total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)

24 of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2019

25 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,

26 T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation

27 shall make an impact payment to the towns or cities in which the airport is located based on this

28 calculation. Each community upon which any part of the above airports is located shall receive at

29 least $25,000.

30 STAC Research Alliance 900,000

31 Innovative Matching Grants/Internships 1,000,000

32 I-195 Redevelopment District Commission 761,000

33 Chafee Center at Bryant 476,200

34 Polaris Manufacturing Grant 350,000

1 Urban Ventures 140,000

2 East Providence Waterfront Commission 50,000

3 Other Funds

4 Rhode Island Capital Plan Funds

5 I-195 Redevelopment District Commission 450,000

6 Quonset Piers 5,000,000

7 Quonset Point Infrastructure 4,000,000

8 Total – Quasi–Public Appropriations 21,568,258

9 Economic Development Initiatives Fund

10 General Revenues

11 Innovation Initiative 1,000,000

12 Rebuild RI Tax Credit Fund 10,000,000

13 Competitive Cluster Grants 100,000

14 P-tech 200,000

15 Small Business Promotion 300,000

16 Small Business Assistance 500,000

17 Total – Economic Development Initiatives Fund 12,100,000

18 Commerce Programs

19 General Revenues

20 Wavemaker Fellowship 1,200,000

21 Grand Total – Executive Office of Commerce 59,996,451

22 Labor and Training

23 Central Management

24 General Revenues 797,120

25 Restricted Receipts 222,508

26 Total – Central Management 1,019,628

27 Workforce Development Services

28 General Revenues 6,276,757

29 Provided that $100,000 be allocated to support the Opportunities Industrialization Center.

30 Federal Funds 25,449,292

31 Restricted Receipts 16,843,397

32 Other Funds 197,142

33 Total – Workforce Development Services 48,766,588

34 Workforce Regulation and Safety

1 General Revenues 3,231,560

2 Income Support

3 General Revenues 3,932,826

4 Federal Funds 12,835,359

5 Restricted Receipts 2,383,219

6 Other Funds

7 Temporary Disability Insurance Fund 203,094,524

8 Employment Security Fund 162,735,000

9 Total – Income Support 384,980,928

10 Injured Workers Services

11 Restricted Receipts 10,573,722

12 Labor Relations Board

13 General Revenues 441,669

14 Grand Total – Labor and Training 449,014,095

15 Department of Revenue

16 Director of Revenue

17 General Revenues 2,141,620

18 Office of Revenue Analysis

19 General Revenues 841,407

20 Lottery Division

21 Other Funds 420,149,414

22 Municipal Finance

23 General Revenues 2,465,897

24 Taxation

25 General Revenues 27,326,969

26 Federal Funds 1,424,338

27 Restricted Receipts 990,653

28 Other Funds

29 Motor Fuel Tax Evasion 172,961

30 Temporary Disability Insurance Fund 1,035,798

31 Total – Taxation 30,950,719

32 Registry of Motor Vehicles

33 General Revenues 29,140,414

34 Federal Funds 545,243

1 Restricted Receipts 1,692,587

2 Total – Registry of Motor Vehicles 31,378,244

3 State Aid

4 General Revenues

5 Distressed Communities Relief Fund 12,384,458

6 Payment in Lieu of Tax Exempt Properties 46,089,504

7 Motor Vehicle Excise Tax Payments 94,275,463

8 Property Revaluation Program 688,856

9 Restricted Receipts 922,013

10 Total – State Aid 154,360,294

11 Collections

12 General Revenues 899,649

13 Grand Total – Revenue 643,187,244

14 Legislature

15 General Revenues 43,804,101

16 Restricted Receipts 1,832,014

17 Grand Total – Legislature 45,636,115

18 Lieutenant Governor

19 General Revenues 1,147,816

20 Secretary of State

21 Administration

22 General Revenues 3,875,528

23 Corporations

24 General Revenues 2,291,898

25 State Archives

26 General Revenues 112,670

27 Restricted Receipts 426,672

28 Total – State Archives 539,342

29 Elections and Civics

30 General Revenues 2,117,101

31 Federal Funds 1,016,230

32 Total – Elections and Civics 3,133,331

33 State Library

34 General Revenues 683,490

1 Provided that $125,000 be allocated to support the Rhode Island Historical Society

2 pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the

3 Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.

4 Office of Public Information

5 General Revenues 452,568

6 Receipted Receipts 25,000

7 Total – Office of Public Information 477,568

8 Grand Total – Secretary of State 11,001,157

9 General Treasurer

10 Treasury

11 General Revenues 2,643,533

12 Federal Funds 287,818

13 Other Funds

14 Temporary Disability Insurance Fund 249,940

15 Tuition Savings Program – Administration 413,919

16 Total –Treasury 3,595,210

17 State Retirement System

18 Restricted Receipts

19 Admin Expenses – State Retirement System 9,898,528

20 Retirement – Treasury Investment Operations 1,838,053

21 Defined Contribution – Administration 231,632

22 Total – State Retirement System 11,968,213

23 Unclaimed Property

24 Restricted Receipts 25,350,100

25 Crime Victim Compensation Program

26 General Revenues 394,018

27 Federal Funds 711,156

28 Restricted Receipts 636,944

29 Total – Crime Victim Compensation Program 1,742,118

30 Grand Total – General Treasurer 42,655,641

31 Board of Elections

32 General Revenues 2,748,855

33 Rhode Island Ethics Commission

34 General Revenues 1,845,298

1 Office of Governor

2 General Revenues

3 General Revenues 5,943,211

4 Contingency Fund 150,000

5 Grand Total – Office of Governor 6,093,211

6 Commission for Human Rights

7 General Revenues 1,353,591

8 Federal Funds 563,414

9 Grand Total – Commission for Human Rights 1,917,005

10 Public Utilities Commission

11 Federal Funds 178,002

12 Restricted Receipts 11,204,978

13 Grand Total – Public Utilities Commission 11,382,980

14 Office of Health and Human Services

15 Central Management

16 General Revenues 25,723,262

17 Of this appropriation, $415,860 is for the Medicaid program’s contribution to the per-

18 member/per-month payment to RI Quality Institute for operation of the statewide Health

19 Information Exchange, $120,000 is for upgrades to the Health Information Exchange infrastructure,

20 and $100,000 is for the state share of financing for continued operation of the statewide clinical

21 quality measurement system developed using federal funding from the State Innovation Models

22 (SIM) Initiative. Each of the aforementioned appropriations is subject to the approval of the

23 Secretary of the Executive Office of Health and Human Services and the Director of the Office of

24 Management and Budget prior to being obligated.

25 Federal Funds 141,787,047

26 Of this appropriation, $4,781,599 is for the Medicaid program’s contribution to the per-

27 member/per-month payment to RI Quality Institute for operation of the statewide Health

28 Information Exchange, $1,080,000 is for upgrades to the Health Information Exchange

29 infrastructure, and $900,000 is for financing the state share of the continued operation of the

30 statewide clinical quality measurement system developed using federal funding from the State

31 Innovation Models (SIM) Initiative. Each of the aforementioned appropriations is subject to the

32 approval of the Secretary of the Executive Office of Health and Human Services and the Director

33 of the Office of Management and Budget prior to being obligated.

34 Restricted Receipts 13,834,987

1 Total – Central Management 181,345,296

2 Medical Assistance

3 General Revenues

4 Managed Care 324,386,393

5 Hospitals 92,157,641

6 Nursing Facilities 166,188,054

7 Home and Community Based Services 35,641,620

8 Other Services 92,836,397

9 Pharmacy 74,388,617

10 Rhody Health 190,960,427

11 Federal Funds

12 Managed Care 423,298,954

13 Hospitals 102,772,850

14 Nursing Facilities 186,316,185

15 Home and Community Based Services 39,958,380

16 Other Services 516,507,768

17 Pharmacy (314,978)

18 Rhody Health 211,156,378

19 Other Programs 43,038,580

20 Restricted Receipts 10,094,200

21 Total – Medical Assistance 2,509,387,466

22 Grand Total – Office of Health and Human Services 2,690,732,762

23 Children, Youth, and Families

24 Central Management

25 General Revenues 11,389,069

26 Provided that of this amount, $500,000 is for costs associated with accreditation pursuant

27 to Rhode Island General Law, Section 42-72-5.3 and provided further that all unexpended or

28 unencumbered balances as of June 30, 2020 are hereby reappropriated to fiscal year 2021.

29 Federal Funds 3,729,331

30 Total – Central Management 15,118,400

31 Children's Behavioral Health Services

32 General Revenues 7,185,060

33 Federal Funds 6,563,808

34 Total – Children's Behavioral Health Services 13,748,868

1 Juvenile Correctional Services

2 General Revenues 22,111,978

3 Federal Funds 184,338

4 Restricted Receipts 28,675

5 Other Funds

6 Rhode Island Capital Plan Funds

7 Training School Asset Protection 750,000

8 Training School Generators 610,000

9 Female Residential Facility 1,500,000

10 Total – Juvenile Correctional Services 25,184,991

11 Child Welfare

12 General Revenues

13 General Revenues 123,785,957

14 18 to 21 Year Olds 452,521

15 Federal Funds 49,509,471

16 Restricted Receipts 1,858,882

17 Total – Child Welfare 175,606,831

18 Higher Education Incentive Grants

19 General Revenues 200,000

20 Grand Total – Children, Youth, and

21 Families 229,859,090

22 Health

23 Central Management

24 General Revenues 3,644,060

25 Federal Funds 4,318,002

26 Restricted Receipts 7,258,617

27 Total – Central Management 15,220,679

28 Community Health and Equity

29 General Revenues 645,497

30 Federal Funds 68,387,298

31 Restricted Receipts 38,129,080

32 Total – Community Health and Equity 107,161,875

33 Environmental Health

34 General Revenues 5,441,319

1 Federal Funds 7,433,183

2 Restricted Receipts 341,479

3 Total – Environmental Health 13,215,981

4 Health Laboratories and Medical Examiner

5 General Revenues 10,170,047

6 Federal Funds 2,012,392

7 Other Funds

8 Rhode Island Capital Plan Funds

9 Health Laboratories & Medical Examiner Equipment 400,000

10 Total – Health Laboratories and Medical Examiner 12,582,439

11 Customer Services

12 General Revenues 8,145,908

13 Federal Funds 4,064,441

14 Restricted Receipts 1,369,576

15 Total – Customer Services 13,579,925

16 Policy, Information and Communications

17 General Revenues 924,067

18 Federal Funds 3,238,593

19 Restricted Receipts 2,354,232

20 Total – Policy, Information and Communications 6,516,892

21 Preparedness, Response, Infectious Disease & Emergency Services

22 General Revenues 1,998,023

23 Federal Funds 16,362,030

24 Total – Preparedness, Response, Infectious Disease &

25 Emergency Services 18,360,053

26 Grand Total - Health 186,637,844

27 Human Services

28 Central Management

29 General Revenues 4,676,879

30 Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide

31 direct services through the Coalition Against Domestic Violence, $250,000 is to support Project

32 Reach activities provided by the RI Alliance of Boys and Girls Clubs, $217,000 is for outreach and

33 supportive services through Day One, $175,000 is for food collection and distribution through the

34 Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads

1 Rhode Island, $600,000 for the Community Action Fund and $200,000 is for the Institute for the

2 Study and Practice of Nonviolence’s Reduction Strategy.

3 Federal Funds 4,987,351

4 Restricted Receipts 200,000

5 Total – Central Management 9,864,230

6 Child Support Enforcement

7 General Revenues 2,822,190

8 Federal Funds 6,926,373

9 Total – Child Support Enforcement 9,748,563

10 Individual and Family Support

11 General Revenues 19,421,725

12 Federal Funds 113,244,345

13 Restricted Receipts 25,226,090

14 Other Funds

15 Food Stamp Bonus Funding 170,000

16 Intermodal Surface Transportation Fund 4,428,478

17 Rhode Island Capital Plan Funds

18 Blind Vending Facilities 165,000

19 Total – Individual and Family Support 162,655,638

20 Office of Veterans Services

21 General Revenues 25,478,689

22 Of this amount, $200,000 is to provide support services through Veterans’ organizations

23 and $200 is to pay the Vietnam bonus of James A. Falcon of 50 Jay Street, East Providence, Rhode

24 Island, who served in the United States Navy during the Vietnam Conflict under serial No. 697-61-

25 48.

26 Federal Funds 13,459,517

27 Restricted Receipts 1,152,000

28 Other Funds

29 Rhode Island Capital Plan Funds

30 Veterans Home Asset Protection 250,000

31 Total – Office of Veterans Services 40,340,206

32 Health Care Eligibility

33 General Revenues 1,231,216

34 Federal Funds 10,598,378

1 Total – Health Care Eligibility 11,829,594

2 Supplemental Security Income Program

3 General Revenues 19,487,100

4 Rhode Island Works

5 General Revenues 10,039,632

6 Federal Funds 87,246,054

7 Total – Rhode Island Works 97,285,686

8 Other Programs

9 General Revenues 996,600

10 Of this appropriation, $90,000 shall be used for hardship contingency payments.

11 Federal Funds 265,157,901

12 Total – Other Programs 266,154,501

13 Office of Healthy Aging

14 General Revenues 8,024,596

15 Of this amount, $325,000 is to provide elder services, including respite, through the

16 Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term

17 Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 for security for

18 housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $800,000

19 for Senior Services Support and $580,000 for elderly nutrition, of which $530,000 is for Meals on

20 Wheels.

21 Federal Funds 12,780,657

22 Restricted Receipts 172,609

23 Total – Office of Healthy Aging 20,977,862

24 Grand Total – Human Services 638,343,380

25 Behavioral Healthcare, Developmental Disabilities, and Hospitals

26 Central Management

27 General Revenues 3,495,795

28 Federal Funds 1,316,004

29 Total – Central Management 4,811,799

30 Hospital and Community System Support

31 General Revenues 2,241,946

32 Federal Funds 23,377

33 Total – Hospital and Community System Support 2,265,323

34 Services for the Developmentally Disabled

1 General Revenues 132,870,111

2 Of this general revenue funding, $4.5 million shall be expended on certain community-

3 based BHDDH developmental disability private provider and self-directed consumer direct care

4 service worker raises and associated payroll costs as authorized by the Department of Behavioral

5 Healthcare, Developmental Disabilities and Hospitals. Any increases for direct support staff in

6 residential or other community-based settings must first receive the approval of the Office of

7 Management and Budget and the Executive Office of Health and Human Services.

8 Of this general revenue funding, $750,000 is to support technical and other assistance for

9 community-based agencies to ensure they transition to providing integrated services to adults with

10 developmental disabilities that comply with the consent decree.

11 Federal Funds 162,204,286

12 Of this funding, $841,006 is to support technical and other assistance for community-based

13 agencies to ensure they transition to providing integrated services to adults with developmental

14 disabilities that comply with the consent decree.

15 Restricted Receipts 1,525,800

16 Other Funds

17 Rhode Island Capital Plan Funds

18 DD Residential Development 300,000

19 Total – Services for the Developmentally Disabled 296,900,197

20 Behavioral Healthcare Services

21 General Revenues 3,077,675

22 Federal Funds 34,042,755

23 Of this federal funding, $900,000 shall be expended on the Municipal Substance

24 Abuse Task Forces and $128,000 shall be expended on NAMI of RI. Also included is

25 $250,000 from Social Services Block Grant funds and/or the Mental Health Block Grant funds to

26 be provided to The Providence Center to coordinate with Oasis Wellness and Recovery Center for

27 its supports and services program offered to individuals with behavioral health issues.

28 Restricted Receipts 149,600

29 Total – Behavioral Healthcare Services 37,270,030

30 Hospital and Community Rehabilitative Services

31 General Revenues 54,695,713

32 Federal Funds 62,839,447

33 Restricted Receipts 4,412,947

34 Total - Hospital and Community Rehabilitative Services 121,948,107

1 Grand Total – Behavioral Healthcare, Developmental

2 Disabilities, and Hospitals 463,195,456

3 Office of the Child Advocate

4 General Revenues 986,701

5 Federal Funds 247,356

6 Grand Total – Office of the Child Advocate 1,234,057

7 Commission on the Deaf and Hard of Hearing

8 General Revenues 533,338

9 Restricted Receipts 130,000

10 Grand Total – Comm. On Deaf and Hard of Hearing 663,338

11 Governor’s Commission on Disabilities

12 General Revenues

13 General Revenues 555,672

14 Livable Home Modification Grant Program 499,397

15 Provided that this will be used for home modification and accessibility enhancements to

16 construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.

17 This will be in consultation with the Executive Office of Health and Human Services.

18 Federal Funds 458,689

19 Restricted Receipts 44,901

20 Total – Governor’s Commission on Disabilities 1,558,659

21 Office of the Mental Health Advocate

22 General Revenues 602,411

23 Elementary and Secondary Education

24 Administration of the Comprehensive Education Strategy

25 General Revenues 21,574,338

26 Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s

27 Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to

28 support child opportunity zones through agreements with the Department of Elementary and

29 Secondary Education to strengthen education, health and social services for students and their

30 families as a strategy to accelerate student achievement.

31 Federal Funds 211,371,326

32 Restricted Receipts

33 Restricted Receipts 3,022,335

34 HRIC Adult Education Grants 3,500,000

1 Total – Admin. of the Comprehensive Ed. Strategy 239,467,999

2 Davies Career and Technical School

3 General Revenues 13,694,981

4 Federal Funds 1,416,084

5 Restricted Receipts 3,784,140

6 Other Funds

7 P-Tech Grant 100,000

8 Rhode Island Capital Plan Funds

9 Davies School HVAC 200,000

10 Davies School Asset Protection 150,000

11 Total – Davies Career and Technical School 19,345,205

12 RI School for the Deaf

13 General Revenues 6,701,193

14 Federal Funds 506,048

15 Restricted Receipts 837,032

16 Other Funds

17 School for the Deaf Transformation Grants 59,000

18 Rhode Island Capital Plan Funds

19 School for the Deaf Asset Protection 50,000

20 Total – RI School for the Deaf 8,153,273

21 Metropolitan Career and Technical School

22 General Revenues 9,342,007

23 Other Funds

24 Rhode Island Capital Plan Funds

25 MET School Asset Protection 250,000

26 Total – Metropolitan Career and Technical School 9,592,007

27 Education Aid

28 General Revenues 954,125,587

29 Provided that the criteria for the allocation of early childhood funds shall prioritize

30 prekindergarten seats and classrooms for four-year-olds whose family income is at or below one

31 hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities

32 with higher concentrations of low performing schools.

33 Restricted Receipts 26,283,985

34 Other Funds

1 Permanent School Fund 300,000

2 Total – Education Aid 980,709,572

3 Central Falls School District

4 General Revenues 41,476,650

5 School Construction Aid

6 General Revenues

7 School Housing Aid 78,984,971

8 School Building Authority Capital Fund 1,015,029

9 Total – School Construction Aid 80,000,000

10 Teachers' Retirement

11 General Revenues 112,337,502

12 Grand Total – Elementary and Secondary Education 1,491,082,208

13 Public Higher Education

14 Office of Postsecondary Commissioner

15 General Revenues 16,509,011

16 Provided that $355,000 shall be allocated the Rhode Island College Crusade pursuant to

17 the Rhode Island General Law, Section 16-70-5 and that $75,000 shall be allocated to Best Buddies

18 Rhode Island to support its programs for children with developmental and intellectual disabilities.

19 It is also provided that $6,976,425 shall be allocated to the Rhode Island Promise Scholarship

20 program and $147,000 shall be used to support Rhode Island’s membership in the New England

21 Board of Higher Education.

22 Federal Funds

23 Federal Funds 3,600,000

24 Guaranty Agency Administration 400,000

25 Provided that an amount equivalent to not more than ten (10) percent of the guaranty

26 agency operating fund appropriated for direct scholarship and grants in fiscal year 2020 shall be

27 appropriated for guaranty agency administration in fiscal year 2020. This limitation

28 notwithstanding, final appropriations for fiscal year 2020 for guaranty agency administration may

29 also include any residual monies collected during fiscal year 2020 that relate to guaranty agency

30 operations, in excess of the foregoing limitation.

31 Guaranty Agency Operating Fund-Scholarships & Grants 4,000,000

32 Restricted Receipts 3,134,496

33 Other Funds

34 Tuition Savings Program – Dual Enrollment 2,300,000

1 Tuition Savings Program – Scholarships and Grants 5,595,000

2 Nursing Education Center – Operating 3,034,680

3 Rhode Island Capital Plan Funds

4 Higher Education Centers 3,800,000

5 Provided that the state fund no more than 50.0 percent of the total project

6 cost.

7 Asset Protection 341,000

8 Total – Office of Postsecondary Commissioner 42,714,187

9 University of Rhode Island

10 General Revenues

11 General Revenues 83,390,529

12 Provided that in order to leverage federal funding and support economic development,

13 $350,000 shall be allocated to the Small Business Development Center and that $50,000 shall be

14 allocated to Special Olympics Rhode Island to support its mission of providing athletic

15 opportunities for individuals with intellectual and developmental disabilities.

16 Debt Service 30,535,395

17 RI State Forensics Laboratory 1,299,182

18 Other Funds

19 University and College Funds 677,435,028

20 Debt – Dining Services 1,062,129

21 Debt – Education and General 4,830,975

22 Debt – Health Services 792,955

23 Debt – Housing Loan Funds 12,867,664

24 Debt – Memorial Union 323,009

25 Debt – Ryan Center 2,393,006

26 Debt – Alton Jones Services 102,525

27 Debt – Parking Authority 1,126,020

28 Debt – Restricted Energy Conservation 521,653

29 Debt – URI Energy Conservation 2,103,157

30 Rhode Island Capital Plan Funds

31 Asset Protection 8,326,839

32 Fine Arts Center Renovation 7,070,064

33 Biological Resources Lab 2,855,486

34 Total – University of Rhode Island 837,035,616

1 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

2 unencumbered balances as of June 30, 2020 relating to the University of Rhode Island are hereby

3 reappropriated to fiscal year 2021.

4 Rhode Island College

5 General Revenues

6 General Revenues 51,839,615

7 Debt Service 6,180,718

8 Other Funds

9 University and College Funds 132,924,076

10 Debt – Education and General 880,433

11 Debt – Housing 366,667

12 Debt – Student Center and Dining 153,428

13 Debt – Student Union 206,000

14 Debt – G.O. Debt Service 1,642,121

15 Debt Energy Conservation 635,275

16 Rhode Island Capital Plan Funds

17 Asset Protection 3,669,050

18 Infrastructure Modernization 3,000,000

19 Phase III Master Plan 300,000

20 Total – Rhode Island College 201,797,383

21 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

22 unencumbered balances as of June 30, 2020 relating to Rhode Island College are hereby

23 reappropriated to fiscal year 2021.

24 Community College of Rhode Island

25 General Revenues

26 General Revenues 51,998,378

27 Debt Service 1,898,030

28 Restricted Receipts 633,400

29 Other Funds

30 University and College Funds 104,605,016

31 CCRI Debt Service – Energy Conservation 805,312

32 Rhode Island Capital Plan Funds

33 Asset Protection 2,439,076

34 Knight Campus Renewal 3,500,000

1 Data, Cabling, and Power Infrastructure 500,000

2 Total – Community College of RI 166,379,212

3 Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

4 unencumbered balances as of June 30, 2020 relating to the Community College of Rhode Island

5 are hereby reappropriated to fiscal year 2021.

6 Grand Total – Public Higher Education 1,247,926,398

7 RI State Council on the Arts

8 General Revenues

9 Operating Support 839,748

10 Grants 1,165,000

11 Provided that $375,000 be provided to support the operational costs of WaterFire

12 Providence art installations.

13 Federal Funds 762,500

14 Restricted Receipts 45,000

15 Other Funds

16 Art for Public Facilities 626,000

17 Grand Total – RI State Council on the Arts 3,438,248

18 RI Atomic Energy Commission

19 General Revenues 1,059,094

20 Restricted Receipts 99,000

21 Other Funds

22 URI Sponsored Research 287,000

23 Rhode Island Capital Plan Funds

24 RINSC Asset Protection 50,000

25 Grand Total – RI Atomic Energy Commission 1,495,094

26 RI Historical Preservation and Heritage Commission

27 General Revenues 1,488,293

28 Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration

29 activities.

30 Federal Funds 557,028

31 Restricted Receipts 421,439

32 Other Funds

33 RIDOT Project Review 128,570

34 Grand Total – RI Historical Preservation and Heritage Comm. 2,595,330

1 Attorney General

2 Criminal

3 General Revenues 17,969,266

4 Federal Funds 3,552,999

5 Restricted Receipts 79,335

6 Total – Criminal 21,601,600

7 Civil

8 General Revenues 5,595,839

9 Restricted Receipts 830,181

10 Total – Civil 6,426,020

11 Bureau of Criminal Identification

12 General Revenues 1,769,535

13 General

14 General Revenues 3,340,563

15 Other Funds

16 Rhode Island Capital Plan Funds

17 Building Renovations and Repairs 150,000

18 Total – General 3,490,563

19 Grand Total – Attorney General 33,287,718

20 Corrections

21 Central Management

22 General Revenues 16,392,761

23 Federal Funds 44,649

24 Total – Central Management 16,437,410

25 Parole Board

26 General Revenues 1,501,549

27 Federal Funds 116,872

28 Total – Parole Board 1,618,421

29 Custody and Security

30 General Revenues 146,044,847

31 Federal Funds 920,960

32 Total – Custody and Security 146,965,807

33 Institutional Support

34 General Revenues 21,166,690

1 Other Funds

2 Rhode Island Capital Plan Funds

3 Asset Protection 8,578,328

4 Correctional Facilities – Renovations 4,875,000

5 Total – Institutional Support 34,620,018

6 Institutional Based Rehab./Population Management

7 General Revenues 14,202,484

8 Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender

9 discharge planning.

10 Federal Funds 844,026

11 Restricted Receipts 44,473

12 Total – Institutional Based Rehab/Population Mgt. 15,090,983

13 Healthcare Services

14 General Revenues 25,497,603

15 Community Corrections

16 General Revenues 17,282,125

17 Federal Funds 84,437

18 Restricted Receipts 14,896

19 Total – Community Corrections 17,381,458

20 Grand Total – Corrections 257,611,700

21 Judiciary

22 Supreme Court

23 General Revenues

24 General Revenues 29,638,091

25 Provided however, that no more than $1,392,326 in combined total shall be offset to the

26 Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the

27 Department of Children, Youth, and Families, and the Department of Public Safety for square-

28 footage occupancy costs in public courthouses and further provided that $230,000 be allocated to

29 the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy

30 project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to

31 Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.

32 Defense of Indigents 4,403,487

33 Federal Funds 133,759

34 Restricted Receipts 3,603,699

1 Other Funds

2 Rhode Island Capital Plan Funds

3 Judicial Complexes - HVAC 1,000,000

4 Judicial Complexes Asset Protection 1,000,000

5 Licht Chillers Replacement 1,200,000

6 Licht Judicial Complex Restoration 750,000

7 Noel Shelled Courtroom Building 2,176,073

8 Total - Supreme Court 43,905,109

9 Judicial Tenure and Discipline

10 General Revenues 154,616

11 Superior Court

12 General Revenues 24,945,630

13 Federal Funds 33,500

14 Restricted Receipts 400,983

15 Total – Superior Court 25,380,113

16 Family Court

17 General Revenues 22,958,064

18 Federal Funds 2,977,481

19 Total – Family Court 25,935,545

20 District Court

21 General Revenues 13,895,597

22 Restricted Receipts 60,000

23 Total - District Court 13,955,597

24 Traffic Tribunal

25 General Revenues 9,218,475

26 Workers' Compensation Court

27 Restricted Receipts 8,943,104

28 Grand Total – Judiciary 127,492,559

29 Military Staff

30 General Revenues 3,219,493

31 Federal Funds 34,354,996

32 Restricted Receipts

33 RI Military Family Relief Fund 55,000

34 Other Funds

1 Rhode Island Capital Plan Funds

2 Asset Protection 700,000

3 Armory of Mounted Command Roof Replacement 536,575

4 Bristol Readiness Center 125,000

5 Joint Force Headquarters Building 2,157,896

6 Grand Total – Military Staff 41,148,960

7 Public Safety

8 Central Management

9 General Revenues 928,740

10 Federal Funds 14,579,673

11 Total – Central Management 15,508,413

12 E-911 Emergency Telephone System

13 General Revenues 1,698,063

14 Restricted Receipts 5,316,198

15 Total – E-911 Emergency Telephone System 7,014,261

16 Security Services

17 General Revenues 26,773,619

18 Municipal Police Training Academy

19 General Revenues 296,254

20 Federal Funds 419,790

21 Total – Municipal Police Training Academy 716,044

22 State Police

23 General Revenues 76,222,276

24 Federal Funds 4,986,942

25 Restricted Receipts 820,000

26 Other Funds

27 Rhode Island Capital Plan Funds

28 DPS Asset Protection 600,000

29 Training Academy Upgrades 425,000

30 Facilities Master Plan 350,000

31 Headquarters Roof Project 2,000,000

32 Airport Corporation Assistance 146,832

33 Road Construction Reimbursement 2,244,969

34 Weight and Measurement Reimbursement 400,000

Total – State Police

88,196,019

Grand Total – Public Safety

138,208,356

3 Office of Public Defender

4 General Revenues 12,824,871

5 Federal Funds 75,665

6 Grand Total – Office of Public Defender 12,900,536

7 Emergency Management Agency

8 General Revenues 2,364,647

9 Federal Funds 9,295,523

10 Restricted Receipts 468,005

11 Other Funds

12 Rhode Island Capital Plan Funds

13 RI Statewide Communications Network 1,494,414

14 Grand Total – Emergency Management Agency 13,622,589

15 Environmental Management

16 Office of the Director

17 General Revenues 6,927,580

18 Of this general revenue amount, $50,000 is appropriated to the Conservation Districts.

19 Federal Funds 212,741

20 Restricted Receipts 3,841,345

21 Total – Office of the Director 10,981,666

22 Natural Resources

23 General Revenues 23,505,888

24 Federal Funds 21,990,427

25 Restricted Receipts 3,977,991

26 Other Funds

27 DOT Recreational Projects 762,000

28 Blackstone Bikepath Design 1,000,000

29 Transportation MOU 10,286

30 Rhode Island Capital Plan Funds

31 Blackstone Valley Park Improvements 800,000

32 Fort Adams Rehabilitation 300,000

33 Recreational Facilities Improvements 2,600,000

34 Recreation Facility Asset Protection 500,000

Galilee Piers Upgrade

2,790,000

Marine Infrastructure and Pier Development

1,275,000

Total – Natural Resources

59,511,592

4 Environmental Protection

5 General Revenues 13,190,507

6 Federal Funds 10,106,352

7 Restricted Receipts 8,241,512

8 Other Funds

9 Transportation MOU 87,269

10 Total – Environmental Protection 31,625,640

11 Grand Total – Environmental Management 102,118,898

12 Coastal Resources Management Council

13 General Revenues 2,883,195

14 Federal Funds 1,557,735

15 Restricted Receipts 250,000

16 Other Funds

17 Rhode Island Capital Plan Funds

18 Rhode Island Coastal Storm Risk Study 500,000

19 Green Hill Pond 30,000

20 Grand Total – Coastal Resources Mgmt. Council 5,220,930

21 Transportation

22 Central Management

23 Federal Funds 5,955,305

24 Other Funds

25 Gasoline Tax 7,643,867

26 Total – Central Management 13,599,172

27 Management and Budget

28 Other Funds

29 Gasoline Tax 2,353,268

30 Infrastructure Engineering

31 Federal Funds 319,120,190

32 Restricted Receipts 3,007,550

1 Toll Revenue 25,000,000

2 Land Sale Revenue 2,595,391

3 Rhode Island Capital Plan Funds

4 Bike Path Facilities Maintenance 400,000

5 Highway Improvement Program 32,451,346

6 RIPTA - College Hill Bus Tunnel 800,000

7 RIPTA - Land and Buildings 390,000

8 RIPTA – Warwick Bus Hub 120,000

9 Total - Infrastructure Engineering 460,869,595

10 Infrastructure Maintenance

11 Other Funds

12 Gasoline Tax 42,305,617

13 Non-Land Surplus Property 50,000

14 Utility Access Permit Fees 500,000

15 Rhode Island Highway Maintenance Account 124,176,515

16 Rhode Island Capital Plan Funds

17 Maintenance Facilities Improvements 1,019,349

18 Welcome Center 150,000

19 Salt Storage Facilities 1,900,000

20 Maintenance - Equipment Replacement 1,500,000

21 Train Station Maintenance and Repairs 350,000

22 Total – Infrastructure Maintenance 171,951,481

23 Grand Total – Transportation 648,773,516

24 Statewide Totals

25 General Revenues 4,077,594,991

26 Federal Funds 3,325,364,065

27 Restricted Receipts 311,382,120

28 Other Funds 2,256,279,162

29 Statewide Grand Total 9,970,620,338

30 SECTION 2. Each line appearing in Section 1 of this Article shall constitute an

31 appropriation.

32 SECTION 3. Upon the transfer of any function of a department or agency to another

1 thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when

2 the duties or administrative functions of government are designated by law to be performed within

3 a particular department or agency, no transfer of duties or functions and no re-allocation, in whole

4 or part, of appropriations and full-time equivalent positions to any other department or agency shall

5 be authorized.

6 SECTION 4. From the appropriation for contingency shall be paid such sums as may be

7 required at the discretion of the Governor to fund expenditures for which appropriations may not

8 exist. Such contingency funds may also be used for expenditures in the several departments and

9 agencies where appropriations are insufficient, or where such requirements are due to unforeseen

10 conditions or are non-recurring items of an unusual nature. Said appropriations may also be used

11 for the payment of bills incurred due to emergencies or to any offense against public peace and

12 property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as

13 amended. All expenditures and transfers from this account shall be approved by the Governor.

14 SECTION 5. The general assembly authorizes the state controller to establish the internal

15 service accounts shown below, and no other, to finance and account for the operations of state

16 agencies that provide services to other agencies, institutions and other governmental units on a cost

17 reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in

18 a businesslike manner, promote efficient use of services by making agencies pay the full costs

19 associated with providing the services, and allocate the costs of central administrative services

20 across all fund types, so that federal and other non-general fund programs share in the costs of

21 general government support. The controller is authorized to reimburse these accounts for the cost

22 of work or services performed for any other department or agency subject to the following

23 expenditure limitations:

24 Account Expenditure Limit

25 State Assessed Fringe Benefit Internal Service Fund 37,377,620

26 Administration Central Utilities Internal Service Fund 23,055,162

27 State Central Mail Internal Service Fund 6,290,947

28 State Telecommunications Internal Service Fund 3,450,952

29 State Automotive Fleet Internal Service Fund 12,740,920

30 Surplus Property Internal Service Fund 3,000

31 Health Insurance Internal Service Fund 252,444,854

32 State Fleet Revolving Loan Fund 273,786

Corrections Central Distribution Center Internal Service Fund

6,798,359

Correctional Industries Internal Service Fund

8,191,195

Secretary of State Record Center Internal Service Fund

969,729

Human Resources Internal Service Fund

14,847,653

DCAMM Facilities Internal Service Fund

40,091,033

Information Technology Internal Service Fund

44,113,005

7 SECTION 6. Legislative Intent - The General Assembly may provide a written "statement

8 of legislative intent" signed by the chairperson of the House Finance Committee and by the

9 chairperson of the Senate Finance Committee to show the intended purpose of the appropriations

10 contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the

11 House 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 funds

19 required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund

20 and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2020.

21 SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated

22 pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed

23 for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2020.

24 SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to

25 the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of

26 paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2020.

27 SECTION 10. Appropriation of CollegeBoundSaver Funds – There is hereby appropriated

28 to the Office of the General Treasurer designated funds received under the CollegeBoundSaver

29 program for transfer to the Division of Higher Education Assistance within the Office of the

30 Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30,

31 2020.

32 SECTION 11. Departments and agencies listed below may not exceed the number of full-

33 time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do

1 exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and

2 twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals

3 engaged in training, the completion of which is a prerequisite of employment. Provided, however,

4 that the Governor or designee, Speaker of the House of Representatives or designee, and the

5 President of the Senate or designee may authorize an adjustment to any limitation. Prior to the

6 authorization, the State Budget Officer shall make a detailed written recommendation to the

7 Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation

8 and authorization to adjust shall be transmitted to the chairman of the House Finance Committee,

9 Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.

10 State employees whose funding is from non-state general revenue funds that are time

11 limited shall receive limited term appointment with the term limited to the availability of non-state

12 general revenue funding source.

13 FY 2020 FTE POSITION AUTHORIZATION

14 Departments and Agencies Full-Time Equivalent

15 Administration 647.7

16 Provided that no more than 417.0 of the total authorization would be limited to positions

17 that support internal service fund programs.

18 Business Regulation 161.0

19 Executive Office of Commerce 14.0

20 Labor and Training 390.7

21 Revenue 602.5

22 Legislature 298.5

23 Office of the Lieutenant Governor 8.0

24 Office of the Secretary of State 59.0

25 Office of the General Treasurer 89.0

26 Board of Elections 13.0

27 Rhode Island Ethics Commission 12.0

28 Office of the Governor 45.0

29 Commission for Human Rights 14.5

30 Public Utilities Commission 52.0

31 Office of Health and Human Services 186.0

32 Children, Youth, and Families 621.5

33 Health 499.6

34 Human Services 755.0

Office of Veterans Services

252.1

Office of Healthy Aging

31.0

Behavioral Healthcare, Developmental Disabilities, and Hospitals

1,189.4

Office of the Child Advocate

10.0

Commission on the Deaf and Hard of Hearing

4.0

Governor’s Commission on Disabilities

4.0

Office of the Mental Health Advocate

4.0

Elementary and Secondary Education

139.1

School for the Deaf

60.0

Davies Career and Technical School

126.0

Office of Postsecondary Commissioner

31.0

12 Provided that 1.0 of the total authorization would be available only for positions that are

13 supported by third-party funds, 8.0 would be available only for positions at the State’s Higher

14 Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for

15 positions at the Nursing Education Center.

16 University of Rhode Island 2,555.0

17 Provided that 622.8 of the total authorization would be available only for positions that are

18 supported by third-party funds.

19 Rhode Island College 949.2

20 Provided that 76.0 of the total authorization would be available only for positions that are

21 supported by third-party funds.

22 Community College of Rhode Island 849.1

23 Provided that 89.0 of the total authorization would be available only for positions that are

24 supported by third-party funds.

25 Rhode Island State Council on the Arts 8.6

26 RI Atomic Energy Commission 8.6

27 Historical Preservation and Heritage Commission 15.6

28 Office of the Attorney General 239.1

29 Corrections 1,411.0

Environmental Management

394.0

Coastal Resources Management Council

30.0

Transportation

755.0

4 Total 15,074.7

5 No agency or department may employ contracted employees or employee services where

6 contract employees would work under state employee supervisors without determination of need

7 by the Director of Administration acting upon positive recommendations of the Budget Officer and

8 the Personnel Administrator and 15 days after a public hearing.

9 Nor may any agency or department contract for services replacing work done by state

10 employees at that time without determination of need by the Director of Administration acting upon

11 the positive recommendations of the Budget Officer and the Personnel Administrator and 30 days

12 after a public hearing.

13 State Employees whose funding is from non-state general revenue funds that are time

14 limited shall receive limited term appointment with the term limited to the availability of the non-

15 state general revenue funding source.

16 SECTION 12. The amounts reflected in this Article include the appropriation of Rhode

17 Island Capital Plan funds for fiscal year 2020 and supersede appropriations provided for FY 2020

18 within Section 12 of Article 1 of Chapter 047 of the P.L. of 2018.

19 The following amounts are hereby appropriated out of any money in the State’s Rhode

20 Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending

21 June 30, 2021, June 30, 2022, June 30, 2023, and June 30, 2024. These amounts supersede

22 appropriations provided within Section 12 of Article 1 of Chapter 047 of the P.L. of 2018.

23 For the purposes and functions hereinafter mentioned, the State Controller is hereby

24 authorized and directed to draw his or her orders upon the General Treasurer for the payment of

25 such sums and such portions thereof as may be required by him or her upon receipt of properly

26 authenticated vouchers.

27 Fiscal Year Fiscal Year Fiscal Year Fiscal Year

28 Ending Ending Ending Ending

29 Project June 30, 2021 June 30, 2022 June 30, 2023 June 30, 2024

DOA – Hospital Consolidation

6,721,495

DOA – Pastore Center Medical Buildings

Asset Protection

1,600,000

2,600,000

3,475,000

4 DOA – Pastore Center Non-Medical Buildings

Asset Protection.

2,000,000

3,412,500

2,775,000

2,275,000

DOA – Security Measures/State Buildings

500,000

DOA – State House Renovations

877,169

428,000

900,000

DOA – State Office Reorganization &

Relocation

900,000

DOA – Washington County Gov. Center

150,000

500,000

DOA – William Powers Building

1,000,000

3,500,000

2,500,000

3,025,000

DOA – Zambarano Utilities & Infrastructu

re 2,750,000

550,000

1,300,000

1,800,000

EOC – Quonset Piers

5,000,000

EOC – Quonset Point Infrastructure

6,000,000

DCYF – Training School Asset Protection

1,250,000

200,000

DHS – Veterans Home Asset Protection

300,000

350,000

400,000

500,000

EL SEC – Davies School Asset Protection

150,000

EL SEC – Davies School HVAC

1,800,000

500,000

EL SEC – Met School Asset Protection

250,000

URI – Asset Protection

8,531,280

8,700,000

8,874,000

9,094,395

RIC – Asset Protection

4,150,000

4,233,000

4,318,000

4,426,657

RIC – Infrastructure Modernization

3,500,000

4,500,000

2,000,000

2,050,327

CCRI – Asset Protection

2,487,857

2,537,615

2,588,000

2,653,124

CCRI – Knight Campus Renewal

3,500,000

CCRI – Flanagan Campus Renewal

2,000,000

6,000,000

2,500,000

CCRI – Knight Campus Lab Renovation

1,300,000

CCRI – Data Cabling and Power Infrastruct

ure1,500,000

3,300,000

3,700,000

4,650,000

DOC – Asset Protection

4,900,000

4,743,022

4,290,000

4,000,000

DOC – Correctional Facilities Renovations

2,000,000

5,000,000

6,000,000

3,000,000

Military Staff – Asset Protection

700,000

800,000

Pier Development

1,000,000

1,250,000

DEM – Recreational Facilities Improv.

2,100,000

2,500,000

3,500,000

3,000,000

DEM – Natural Resources Office &

Visitor’s Center

2,000,000

3,000,000

DOT – Highway Improvement Program

29,951,346

34,951,346

27,200,000

DOT – Capital Equipment Replacement

1,500,000

DOT – Maintenance Facility Improv.

500,000

DOT – Bike Path Facilities Maintenance

400,000

DOT – Salt Storage Facilities Improv.

1,170,775

1,000,000

10 SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. –

11 Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project

12 appropriations shall be reappropriated in the ensuing fiscal year and made available for the same

13 purpose. However, any such reappropriations are subject to final approval by the General Assembly

14 as part of the supplemental appropriations act. Any unexpended funds of less than five hundred

15 dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.

16 SECTION 14. For the Fiscal Year ending June 30, 2020, the Rhode Island Housing and

17 Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support

18 of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the

19 amount of funding provided to this program, as well as information on the number of units of

20 housing provided as a result to the Director of Administration, the Chair of the Housing Resources

21 Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance

22 Committee and the State Budget Officer.

23 SECTION 15. Notwithstanding any general laws to the contrary, the Rhode Island Housing

24 and Mortgage Finance Corporation shall transfer to the State Controller the sum of one million

25 five-hundred thousand dollars ($1,500,000) by June 30, 2020.

26 SECTION 16. Notwithstanding any general laws to the contrary, the Rhode Island

27 Infrastructure Bank shall transfer to the State Controller the sum of four million dollars

28 ($4,000,000) by June 30, 2020.

29 SECTION 17. Notwithstanding any general laws to the contrary, the Rhode Island Student

30 Loan Authority shall transfer to the State Controller the sum of one million five-hundred thousand

31 dollars ($1,500,000) by June 30, 2020.

32 SECTION 18. Notwithstanding any general laws to the contrary, the Quonset Development

33 Corporation shall transfer to the State Controller the sum of one million two hundred thousand

34 dollars ($1,200,000) by June 30, 2020.

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art.002/6/002/5/002/4/002/3/002/2/002/1

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1 ARTICLE 2 AS AMENDED

2 RELATING TO STATE FUNDS

3 SECTION 1. Section 5-20.7-15 of the General Laws in Chapter 5-20.7 entitled "Real Estate

4 Appraiser Certification Act" is hereby amended to read as follows:

5 5-20.7-15. Fees.

6 (a) The director is empowered and directed to establish a fee schedule for the application,

7 review, examination, and re-examination of applicants for certification and licensing and for the

8 issuance and renewal of certificates and for late fees; provided, that the annual fee for a residential

9 or general appraiser certificate is two hundred dollars ($200).

10 (b) There is hereby created a restricted receipt account within the general fund of the state

11 to be known as the real estate appraisers – registration – CLRA account. Fees collected pursuant to

12 § 5-20.7-15(a) shall be deposited into this account and be used to finance costs associated with real

13 estate appraisers registration. The restricted receipt account will be included in the budget of the

14 department of business regulation.

15 SECTION 2. Section 5-20.9-7 of the General Laws in Chapter 5-20.9 entitled "Real Estate

16 Appraisal Management Company Registration Act" is hereby amended to read as follows:

17 5-20.9-7. Initial registration, renewals, forms and fees.

18 (a) An applicant for registration as an appraisal management company shall submit to the

19 department an application on forms prescribed by the department and pay the required fee(s).

20 (b) The fees for initial registration, renewal, and late renewals shall be determined by the

21 director and established by regulation.

22 (c) There is hereby created a restricted receipt account within the general fund of the state

23 to be known as the appraisal management company – registration account. Fees collected pursuant

24 to § 5-20.9-7 shall be deposited into this account and be used to finance costs associated with

25 appraisal management company registration and operations. The restricted receipt account will be

26 included in the budget of the department of business regulation.

27 ~~(c)~~(d) Every appraisal management company that desires to renew a registration for the

28 next term shall apply for the renewal of the registration upon a form furnished by the director and

29 containing information that is required by this chapter. Renewal of a registration is subject to the

30 same provisions as the initial registration.

1 ~~(d)~~(e) The department shall receive applications for registration for initial licensing and

2 renewal and establish administrative procedures for processing applications and issuing and

3 renewing registrations.

4 ~~(e)~~(f) The department shall have the authority to assess and collect from registered entities,

5 the AMC federal registry fee in any amount assessed by the appraisal subcommittee of the Federal

6 Financial Institutions Examination Council or its successor entity, and transmit the fee to the

7 Federal Financial Institutions Examinations Council.

8 ~~(f)~~(g) A federally regulated appraisal management company operating in this state shall

9 report to the department any information necessary for the department to assess, collect, and

10 forward the AMC federal registry fee in any amount assessed by the appraisal subcommittee of the

11 Federal Financial Institutions Examination Council or its successor entity.

12 SECTION 3. Sections 22-13-1 and 22-13-4 of the General Laws in Chapter 22-13 entitled

13 "Auditor General" are hereby amended to read as follows:

14 22-13-1. Appointment -- Qualifications -- Oath -- Bond -- Office space -- Rules and

15 regulations.

16 (a) The auditor general shall be appointed by the joint committee on legislative services,

17 referred to in this chapter as "the committee." At the time of appointment, the auditor general shall

18 have had active experience in general accounting principles and practices in this state for a total

19 period of at least five (5) years. Vacancies in the office shall be filled in the same manner as the

20 original appointment.

21 (b)(1) The committee shall employ qualified persons necessary for the efficient operation

22 of the office and shall fix their duties and compensation and those persons shall be in the

23 unclassified service.

24 (2) No person shall be employed as an auditor who does not have adequate technical

25 training and proficiency, and a baccalaureate degree from a college or university, and no person

26 shall be employed or retained as legal advisor on either a full-time or a part-time basis who is not

27 a member of the Rhode Island bar.

28 (c) The auditor general before entering upon the duties of his or her office, shall take and

29 subscribe to the oath of office required of state officers by the state constitution.

30 (d) The auditor general shall be covered by the state's blanket position bond and

31 conditioned that he or she will well and faithfully discharge the duties of his or her office, promptly

32 report any delinquency or shortage discovered in any accounts and records audited by him or her,

33 and promptly pay over and account for any and all funds that shall come into his or her hands as

34 auditor.

1 (e)(1) All auditors employed by the auditor general shall be covered by a blanket position

2 bond. The bonds or bond shall meet and contain the same conditions as are required in the bond of

3 the auditor general.

4 (2) All bonds shall be filed with the committee. If an auditor is not covered in the blanket

5 position bond, an individual bond shall be filed within thirty (30) days after the employee received

6 notice of his or her employment. The amount of the bond shall be determined by the auditor general.

7 Failure to file an individual bond or to be covered in the blanket position bond shall terminate his

8 or her employment.

9 (f) The annual premium of all bonds shall be paid out of any funds provided for the

10 operation of the office.

11 (g) The auditor general shall be provided with suitable quarters, but to facilitate auditing

12 and to eliminate unnecessary traveling, the joint committee on legislative services may establish

13 divisions, including a performance investigation division, and assign auditors to each division and

14 determine their duties and the areas of the state to be served by the respective divisions. The auditor

15 general shall be provided and furnished with any space that may be necessary to carry out his or

16 her functions in other areas of the state.

17 (h) The auditor general may make and enforce reasonable rules and regulations necessary

18 to facilitate audits and investigations which the joint committee on legislative services authorizes

19 the auditor general to perform. This includes the post-audit of the financial transactions and

20 accounts of the state that is provided for by the finance committee of the house of representatives.

21 (i) No full-time employee of the office of auditor general shall serve as an executive,

22 officer, or employee of any political party committee, organization, or association. Neither the

23 auditor general nor any employee of the auditor general shall become a candidate for election to

24 public office unless he or she shall first resign from his or her office or employment.

25 22-13-4. Definitions -- Duties of auditor general -- Investigations by committee.

26 (a) The following words and phrases have the following meanings unless a different

27 meaning is required by the context:

28 (1) "Performance audit" means an examination of the effectiveness of administration and

29 its efficiency and adequacy in terms of the program of the state agency authorized by law to be

30 performed. The "performance audit" may also include a review of the agency in terms of

31 compliance with federal and state laws and executive orders relating to equal employment

32 opportunities and the set aside for minority businesses.

33 (2) "Political subdivision" means a separate agency or unit of local government created or

34 established by law and includes, but is not limited to, the following and the officers of the following:

1 authority, board, branch, bureau, city, commission, council, consolidated government, county,

2 department, district, institution, metropolitan government, municipality, office, officer, public

3 corporation, town, or village.

4 (3) "Post-audit" means an audit made at some point after the completion of a transaction

5 or a group of transactions.

6 (4) "State agency" means a separate agency or unit of state government created or

7 established by law and includes, but is not limited to, the following and the officers of the following:

8 authority, board, branch, bureau, commission, council, department, division, institution, office,

9 officer, or public corporation, as the case may be, except any agency or unit within the legislative

10 branch of state government.

11 (b) The auditor general shall make post-audits and performance audits of public records

12 and perform related duties as prescribed by the committee. He or she shall perform his or her duties

13 independently but under the general policies established by the committee.

14 (c)(1) The auditor general shall have the power and duty to make post-audits and

15 performance audits of the accounts and records of all state agencies, including the board of

16 governors for higher education and the board of regents for elementary and secondary education,

17 as defined in this section.

18 (2) The auditor general shall have the power, when requested by a majority of the

19 committee, to make post-audits and performance audits of accounts and records of any other public

20 body or political subdivision, or any association or corporation created or established by any

21 general or special law of the general assembly, or any person, association, or corporation to which

22 monies of the state have been appropriated by the general assembly. Nothing in the subdivision

23 shall be construed to apply to public utilities.

24 (3) The auditor general shall perform or have performed annually a complete post-audit of

25 the financial transactions and accounts of the state when approved by the chairperson of the joint

26 committee on legislative services.

27 (d) The committee may at any time, without regard to whether the legislature is then in

28 session or out of session, take under investigation any matter within the scope of an audit either

29 completed or then being conducted by the auditor general, and in connection with that investigation

30 may exercise the powers of subpoena vested by law in a standing committee of the legislature.

31 (e)(1) The auditor general may, when directed by the committee, designate and direct any

32 auditor employed by him or her to audit any accounts or records within the power of the auditor

33 general to audit. The auditor shall report his or her findings for review by the auditor general, who

34 shall prepare the audit report.

1 (2) The audit report shall make special mention of:

2 (i) Any violation of the laws within the scope of the audit; and

3 (ii) Any illegal or improper expenditure, any improper accounting procedures, all failures

4 to properly record financial transactions, and all other inaccuracies, irregularities, shortages, and

5 defalcations.

6 (3) At the conclusion of the audit, the auditor general or his or her designated representative

7 will conduct an exit conference with the official whose office or department is subject to audit and

8 submit to him or her a draft report which includes a list of findings and recommendations. If an

9 official is not available for the exit conference, delivery of the draft report is presumed to be

10 sufficient notice. The official must submit to the auditor general within sixty (60) days after the

11 receipt of the draft report his or her written reply as to:

12 (i) Acceptance and plan of implementation of each recommendation;

13 (ii) Reason(s) for non-acceptance of a recommendation.

14 (4) Should the auditor general determine that the written explanation or rebuttal of the

15 official whose office is subject to audit is unsatisfactory, he or she shall, as soon as practicable,

16 report his or her findings to the joint committee on legislative services.

17 (f) A copy of the audit report shall be submitted to each member of the committee.

18 (g) If the auditor general discovers any errors, unusual practices, or any other discrepancies

19 in connection with his or her audit or post-audit of a state agency or state officers, the auditor

20 general shall, as soon as practicable, notify in writing the president of the senate and the speaker of

21 the house of representatives, respectively.

22 (h) The auditor general shall annually review the capital development program to

23 determine: (1) the status of all projects included in the program; (2) whether the funds are being

24 properly expended for their intended purposes; (3) the completion date or projected completion

25 date of the projects; (4) which projects require professional services and to determine the identity

26 of individuals or firms appointed; and (5) the expended and unexpended funds. This report shall be

27 annually submitted to the general assembly on the first Wednesday in February.

28 (i) The auditor general shall supervise, coordinate, and/or conduct investigations and

29 inspections or oversight reviews with the purpose of preventing and detecting fraud, waste, abuse

30 and mismanagement in the expenditure of public funds.

31 SECTION 4. Section 23-77-2 of the General Laws in Chapter 23-77 entitled "Healthcare

32 Information Technology and Infrastructure Development Fund" is hereby amended to read as

33 follows:

34 23-77-2. Establishment of the healthcare information technology and infrastructure

1 development fund.

2 (a) There is established in the department of health, the healthcare information technology

3 and infrastructure development fund to be administered by the director of the department of health

4 for the purpose of promoting the development and adoption of healthcare information technologies

5 designed to improve the quality, safety and efficiency of healthcare services and the security of

6 individual patient data.

7 (b) Moneys in the fund shall be used for projects authorized by the director of health and

8 may be expended by contract, loan, or grant, to develop, maintain, expand, and improve the state's

9 healthcare information technology infrastructure and to assist healthcare facilities and health

10 service providers in adopting healthcare information technologies shown to improve healthcare

11 quality, safety or efficiency. Such projects shall incorporate the goal of maintaining the security

12 and confidentiality of individual patient data, and separate projects for that purpose may also be

13 authorized from the fund. The director of health shall develop criteria for the selection of projects

14 to be funded from the fund in consultation with the healthcare information technology and

15 infrastructure advisory committee created in § 23-77-4.

16 (c) Any moneys provided by loan shall be disbursed for periods not exceeding twenty-five

17 (25) years and at an annual rate of interest not exceeding five percent (5%).

18 (d) The director of the department of health, in consultation with the state healthcare

19 information technology advisory committee, shall establish criteria for eligible healthcare

20 information technology and infrastructure projects to be funded under this chapter.

21 (e) The healthcare information technology and infrastructure development fund, as herein

22 described, shall constitute a restricted receipt account within the general fund of the state and

23 housed within the budget of the department of health. The short title of the restricted receipt

24 account shall henceforth be designated as “health information technology”.

25 SECTION 5. ~~Section~~ Sections 35-3-8 and 35-3-24 of the General Laws in Chapter 35-3

26 entitled "State Budget" is hereby amended to read as follows:

27 35-3-8. Recommendations to meet deficiencies -- Submission of appropriation bills.

28 (a) The budget shall also contain the recommendations of the governor to the general

29 assembly for new taxes, loans, or other appropriate actions to meet any estimated deficiency for

30 the ensuing fiscal year. It shall also be accompanied by a bill or bills for all proposed appropriations.

31 (b) In the event that any departments of state government are expected to incur a deficiency

32 within the current fiscal year, the governor shall, on or before the third Thursday in January each

33 year, submit a request for supplemental appropriations on their behalf. Provided, however, in those

34 years that a new governor is inaugurated, the new governor shall submit the request on or before

1 the first Thursday in February. In the event that, prior to or subsequent to the request, the governor

2 determines that additional deficiencies are expected to be incurred, the governor shall submit

3 requests for additional appropriations upon notice of these deficiencies.

4 (c) The request presented to the general assembly shall identify the proposed increases and

5 decreases to the original amounts provided in the annual appropriation act provided, that no action

6 shall be taken which will cause an excess of appropriations for revenue expenditures over expected

7 revenue receipts.

8 35-3-24. Control of state spending.

9 (a) All department and agency heads and their employees are responsible for ensuring that

10 financial obligations and expenditures for which they have responsibility do not exceed amounts

11 appropriated and are spent in accordance with state laws.

12 (b) Persons with the authority to obligate the state contractually for goods and services

13 shall be designated in writing by department and agency heads.

14 (c) In the event of an obligation, encumbrance, or expenditure in excess of amounts

15 appropriated, the department or agency head with oversight responsibility shall make a written

16 determination of the amount and the cause of the overobligation or overexpenditure, the person(s)

17 responsible, and corrective actions taken to prevent reoccurrence. The plan of corrective actions

18 contained within the report shall detail an appropriate plan to include, but not limited to, such issues

19 as the implementation of waiting lists, pro-rata reduction in payments and changes in eligibility

20 criteria as methods to address the shortfall. The report will be filed within thirty (30) days of the

21 discovery of the overobligation or overexpenditure with the budget officer, the controller, the

22 auditor general, and the chairpersons of the house and senate finance committees.

23 (d) In the event a quarterly report demonstrates an obligation, encumbrance, or expenditure

24 in excess of amounts appropriated, the department or agency head with oversight responsibility

25 shall file monthly budget reports with the chairpersons of the house and senate finance committees

26 for the remainder of the fiscal year. The monthly budget reports shall detail steps taken towards

27 corrective actions and other measures to bring spending in line with appropriations. In addition, the

28 budget officer and controller shall ensure that the department’s or agency’s obligations,

29 encumbrances, and expenditures for the remainder of the fiscal year result in the department or

30 agency ending the fiscal year within amounts appropriated.

31 (e) The controller shall not authorize payments for additional staff, contracts, or purchases

32 for any department or agency not projected to end a fiscal year within amounts appropriated unless

33 necessitated by immediate health and safety reasons, which shall be documented upon discovery

34 and reported, along with anticipated or actual expenditures, to the chairpersons of the house and

1 senate finance committees within fifteen (15) days.

2 ~~(d)~~(f) A state employee who has knowingly and willingly encumbered, obligated, or

3 authorized the expenditure of state funds in excess of amounts appropriated for those purposes or

4 entered into contracts without proper authorization may be placed on disciplinary suspension

5 without pay for up to thirty (30) days in accordance with § 36-4-36.

6 ~~(e)~~(g) A state employee who knowingly, willfully, and repeatedly authorizes actions

7 resulting in encumbrances or spending of state funds in excess of amounts appropriated may be

8 fined up to one thousand dollars ($1,000) and/or terminated from employment.

9 (h) Upon receipt of any budgetary information indicating an obligation, encumbrance, or

10 expenditure in excess of the amounts appropriated, the chairperson of the house or senate finance

11 committee may request a written report to be submitted by the director of administration within ten

12 (10) calendar days. The report shall indicate if the obligation, encumbrance, or expenditure in

13 excess of the amounts appropriated resulted in any disciplinary action or other penalty in

14 accordance with subsection (f) or (g). If not, the report shall explain why no disciplinary action or

15 other penalty was imposed in accordance subsection (f) or (g).

16 SECTION 6. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

17 is hereby amended to read as follows:

18 35-4-27. Indirect cost recoveries on restricted receipt accounts.

19 Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

20 restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

21 shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

22 from non-profit charitable organizations; (2) From the assessment of indirect cost-recovery rates

23 on federal grant funds; or (3) Through transfers from state agencies to the department of

24 administration for the payment of debt service. These indirect cost recoveries shall be applied to all

25 accounts, unless prohibited by federal law or regulation, court order, or court settlement. The

26 following restricted receipt accounts shall not be subject to the provisions of this section:

27 Executive Office of Health and Human Services

28 Organ Transplant Fund

29 HIV Care Grant Drug Rebates

30 Health System Transformation Project

31 Department of Human Services

32 Veterans' home -- Restricted account

33 Veterans' home -- Resident benefits

34 Pharmaceutical Rebates Account

1 Demand Side Management Grants

2 Veteran's Cemetery Memorial Fund

3 Donations -- New Veterans' Home Construction

4 Department of Health

5 Pandemic medications and equipment account

6 Miscellaneous Donations/Grants from Non-Profits

7 State Loan Repayment Match

8 Healthcare Information Technology

9 Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

10 Eleanor Slater non-Medicaid third-party payor account

11 Hospital Medicare Part D Receipts

12 RICLAS Group Home Operations

13 Commission on the Deaf and Hard of Hearing

14 Emergency and public communication access account

15 Department of Environmental Management

16 National heritage revolving fund

17 Environmental response fund II

18 Underground storage tanks registration fees

19 De Coppet Estate Fund

20 Rhode Island Historical Preservation and Heritage Commission

21 Historic preservation revolving loan fund

22 Historic Preservation loan fund -- Interest revenue

23 Department of Public Safety

24 E-911 Uniform Emergency Telephone System

25 Forfeited property -- Retained

26 Forfeitures -- Federal

27 Forfeited property -- Gambling

28 Donation -- Polygraph and Law Enforcement Training

29 Rhode Island State Firefighter's League Training Account

30 Fire Academy Training Fees Account

31 Attorney General

32 Forfeiture of property

33 Federal forfeitures

34 Attorney General multi-state account

1 Forfeited property -- Gambling

2 Department of Administration

3 OER Reconciliation Funding

4 Health Insurance Market Integrity Fund

5 RI Health Benefits Exchange

6 Information Technology Investment Fund

7 Restore and replacement -- Insurance coverage

8 Convention Center Authority rental payments

9 Investment Receipts -- TANS

10 OPEB System Restricted Receipt Account

11 Car Rental Tax/Surcharge-Warwick Share

12 Executive Office of Commerce

13 Housing Resources Commission Restricted Account

14 Department of Revenue

15 DMV Modernization Project

16 Jobs Tax Credit Redemption Fund

17 Legislature

18 Audit of federal assisted programs

19 Department of Children, Youth and Families

20 Children's Trust Accounts -- SSI

21 Military Staff

22 RI Military Family Relief Fund

23 RI National Guard Counterdrug Program

24 Treasury

25 Admin. Expenses -- State Retirement System

26 Retirement -- Treasury Investment Options

27 Defined Contribution -- Administration - RR

28 Violent Crimes Compensation -- Refunds

29 Treasury Research Fellowship

30 Business Regulation

31 Banking Division Reimbursement Account

32 Office of the Health Insurance Commissioner Reimbursement Account

33 Securities Division Reimbursement Account

34 Commercial Licensing and Racing and Athletics Division Reimbursement Account

1 Insurance Division Reimbursement Account

2 Historic Preservation Tax Credit Account

3 Judiciary

4 Arbitration Fund Restricted Receipt Account

5 Third-Party Grants

6 RI Judiciary Technology Surcharge Account

7 Department of Elementary and Secondary Education

8 Statewide Student Transportation Services Account

9 School for the Deaf Fee-for-Service Account

10 School for the Deaf -- School Breakfast and Lunch Program

11 Davies Career and Technical School Local Education Aid Account

12 Davies -- National School Breakfast & Lunch Program

13 School Construction Services

14 Office of the Postsecondary Commissioner

15 Higher Education and Industry Center

16 Department of Labor and Training

17 Job Development Fund

18 SECTION 7. Section 39-1-62 of the General Laws in Chapter 39-1 entitled "Public Utilities

19 Commission" is hereby repealed.

20 ~~39-1-62. Geographic information system (GIS) and technology fund.~~

21 ~~(a) Preamble. To allow Rhode Island emergency and first response agencies to associate~~

22 ~~latitude and longitude coordinates provided by wireless carriers with physical locations throughout~~

23 ~~the state, the agency must establish and maintain a GIS database of street addresses and landmarks.~~

24 ~~The database will allow local emergency response personnel to dispatch police, fire, and rescue~~

25 ~~personnel to a specific address or landmark of a cellular caller in the event the caller is unaware of~~

26 ~~his or her location, or is physically unable to communicate it. Because more than half of the 530,000~~

27 ~~9-1-1 phone calls received in 2003 came from cellular phones, it is critical that the GIS database~~

28 ~~be developed and maintained in order to improve caller location identification and reduce~~

29 ~~emergency personnel response times.~~

30 ~~(b) Definitions. As used in this section, the following terms have the following meanings:~~

31 ~~(1) "System" means emergency 911 uniform telephone system.~~

32 ~~(2) "Agency" means Rhode Island 911 emergency telephone system.~~

33 ~~(3) "Division" means the division of public utilities and carriers.~~

34 ~~(4) "GIS and technology fund" means the programs and funding made available to the~~

1 ~~emergency 911 uniform telephone system to assist in paying the costs of the GIS database~~

2 ~~development project and GIS systems maintenance, which will enable the system to locate cellular~~

3 ~~phone callers by geocoding all addresses and landmarks in cities and towns throughout the state.~~

4 ~~GIS and technology fund also includes programs and funding to create system redundancy, fund~~

5 ~~the construction of a new E-911 facility, and operate and maintain other state-of-the-art equipment~~

6 ~~in public safety agencies.~~

7 ~~(5) "Prepaid wireless telecommunications service" means a wireless telecommunications~~

8 ~~service that allows a caller to dial 911 to access the 911 system, which service must be paid for in~~

9 ~~advance and is sold in predetermined units or dollars of which the number declines with use in a~~

10 ~~known amount.~~

11 ~~(c) Purpose. The purpose of the GIS and technology fund shall be to:~~

12 ~~(1) Implement and maintain a geographic information system database to assist in locating~~

13 ~~wireless phone callers for emergency purposes in a manner consistent and in coordination with the~~

14 ~~Rhode Island geographic information system administered by the division of planning as provided~~

15 ~~for in § 42-11-10(g)(3);~~

16 ~~(2) Create system redundancy to ensure the reliability of 9-1-1 service to the public;~~

17 ~~(3) Operate and maintain other state-of-the-art equipment in public safety agencies;~~

18 ~~(4) Fund the construction of a new E-911 facility; and~~

19 ~~(5) Encourage the development of opportunities for and agreements on the sharing and~~

20 ~~integration of services across municipalities in the implementation of the E-911 uniform emergency~~

21 ~~telephone system.~~

22 ~~(d) Authority. The agency shall establish, by rule or regulation, an appropriate funding~~

23 ~~mechanism to recover from the general body of ratepayers the costs of funding GIS and technology~~

24 ~~projects.~~

25 ~~(1) The general assembly shall determine the amount of a monthly surcharge to be levied~~

26 ~~upon each wireless instrument, device, or means including cellular, telephony, internet, voice over~~

27 ~~internet protocol (VoIP), satellite, computer, radio, communication, data, or any other wireless~~

28 ~~instrument, device, or means that has access to, connects with, interfaces with, or is capable of~~

29 ~~delivering two-way interactive communications services to the Rhode Island uniform emergency~~

30 ~~telephone system. Prepaid wireless E911 telecommunications services shall not be included in this~~

31 ~~act, but shall be governed by chapter 21.2 of this title. The agency will provide the general assembly~~

32 ~~with information and recommendations regarding the necessary level of funding to effectuate the~~

33 ~~purposes of this article. The surcharge shall be billed monthly by each wireless telecommunications~~

34 ~~services provider as defined in § 39-21.1-3, which shall not include prepaid wireless~~

1 ~~telecommunications service, and shall be payable to the wireless telecommunications services~~

2 ~~provider by the subscriber of the telecommunications services. Each telecommunication services~~

3 ~~provider shall establish a special (escrow) account to which it shall deposit on a monthly basis the~~

4 ~~amounts collected as a surcharge under this section. The money collected by each wireless~~

5 ~~telecommunication services provider shall be transferred within sixty (60) days after its inception~~

6 ~~of wireless, cellular, telephony, voice over internet protocol (VoIP), satellite, computer, internet,~~

7 ~~or communications, information, or data services in this state and every month thereafter. Any~~

8 ~~money not transferred in accordance with this paragraph shall be assessed interest at the rate set~~

9 ~~forth in § 44-1-7 from the date the money should have been transferred. State, local, and quasi-~~

10 ~~governmental agencies shall be exempt from the surcharge. The surcharge shall be deposited in a~~

11 ~~restricted receipt account, hereby created within the agency and known as the GIS and technology~~

12 ~~fund, to pay any and all costs associated with the provisions of subsection (c). Beginning July 1,~~

13 ~~2007, the surcharge shall be deposited in the general fund as general revenues to pay any and all~~

14 ~~costs associated with the provisions of subsection (c). The GIS and technology fund restricted-~~

15 ~~receipt account shall be terminated June 30, 2008. The amount of the surcharge under this section~~

16 ~~shall not exceed thirty-five cents ($.35) per wireless phone.~~

17 ~~(2) The surcharge is hereby determined to be twenty-six cents ($.26) per wireless phone,~~

18 ~~cellular, telephony, voice over internet protocol (VoIP), satellite, computer, data or data only~~

19 ~~wireless lines or internet communication or data instrument, device, or means that has access to,~~

20 ~~connects with, activates or interfaces with or any combination of the above, with the Rhode Island~~

21 ~~E-911 uniform emergency telephone system per month and shall be in addition to the wireless~~

22 ~~surcharge charged under § 39-21.1-14. The twenty-six cents ($.26) is to be billed to all wireless~~

23 ~~telecommunication service providers' subscribers upon the inception of services.~~

24 ~~(3) The amount of the surcharge shall not be subject to the sales and use tax imposed under~~

25 ~~chapter 18 of title 44 nor be included within the gross earnings of the telecommunications~~

26 ~~corporation providing telecommunications service for the purpose of computing the tax under~~

27 ~~chapter 13 of title 44.~~

28 ~~(4) [Deleted by P.L. 2010, ch. 23, art. 9, § 10].~~

29 ~~(e) Administration. The division of taxation shall collect monthly from the wireless~~

30 ~~telecommunications service providers as defined in § 39-21.1-3, and which shall not include~~

31 ~~prepaid wireless telecommunications service, the amounts of the surcharge collected from their~~

32 ~~subscribers. The division of taxation shall deposit such collections in the general fund as general~~

33 ~~revenues for use in developing and maintaining the geographic information system database,~~

34 ~~creating system redundancy, funding the construction of a new E-911 facility, and operating and~~

1 ~~maintaining other state-of-the-art equipment for public safety agencies. The agency is further~~

2 ~~authorized and encouraged to seek matching funds from all local, state, and federal public or private~~

3 ~~entities and shall coordinate its activities and share all information with the state division of~~

4 ~~planning.~~

5 ~~(f) Effective date. The effective date of assessment for the GIS and technology fund shall~~

6 ~~be July 1, 2004.~~

7 ~~(g) Nothing in this section shall be construed to constitute rate regulation of wireless~~

8 ~~communications services carriers, nor shall this section be construed to prohibit wireless~~

9 ~~communications services carriers from charging subscribers for any wireless service or feature.~~

10 ~~(h) Except as otherwise provided by law, the agency shall not use, disclose, or otherwise~~

11 ~~make available call location information for any purpose other than as specified in subsection (c).~~

12 ~~(i) The attorney general shall, at the request of the E-911 uniform emergency telephone~~

13 ~~system division, or any other agency that may replace it, or on its own initiative, commence judicial~~

14 ~~proceedings in the superior court against any telecommunication services provider as defined in §~~

15 ~~39-21.1-3(12) providing communication services to enforce the provisions of this chapter.~~

16 SECTION 8. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911

17 Emergency Telephone Number Act" is hereby amended to read as follows:

18 39-21.1-14. ~~Emergency services and first response surcharge Emergency services~~ E-

19 911 surcharge and first response surcharge.

20 (a)(i) A monthly E-911 surcharge of ~~one dollar ($1.00)~~ fifty cents ($.50) cents is hereby

21 levied upon each residence and business telephone line or trunk or path and data, telephony,

22 internet, voice over internet protocol (VoIP) wireline, line, trunk or path in the state including PBX

23 trunks and centrex equivalent trunks and each line or trunk serving, and upon each user interface

24 number or extension number or similarly identifiable line, trunk, or path to or from a digital network

25 (such as, but not exclusive of, integrated services digital network (ISDN), Flexpath, or comparable

26 digital private branch exchange, or connecting to or from a customer-based or dedicated telephone

27 switch site (such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or

28 from a customer-based or dedicated central office (such as, but not exclusive of, a centrex system

29 but exclusive of trunks and lines provided to wireless communication companies) that can access

30 to, connect with, or interface with the Rhode Island E-911 uniform emergency telephone system

31 (RI E-911). In each instance where a surcharge is levied pursuant to this subsection (a)(i) above

32 there shall also be a monthly first response surcharge of fifty cents ($.50). The ~~surcharge~~ surcharges

33 shall be billed by each telecommunication services provider at the inception of services and shall

34 be payable to the telecommunication services provider by the subscriber of the services.

1 (ii) A monthly E-911 surcharge of ~~one dollar ($1.00)~~ fifty cents ($.50) is hereby levied

2 ~~effective July 1, 2002~~, on each wireless instrument, device, or means including prepaid, cellular,

3 telephony, internet, voice over internet protocol (VoIP), satellite, computer, radio, communication,

4 data or data only wireless lines or any other wireless instrument, device, or means that has access

5 to, connects with, or activates or interfaces or any combination thereof with the E 9-1-1 uniform

6 emergency telephone system. In each instance where a surcharge is levied pursuant to this

7 subsection (a)(ii) above there shall also be a monthly first response surcharge of seventy-five cents

8 ($.75). The ~~surcharge~~ surcharges ~~shall be in addition to the surcharge collected under § 39-1-62~~

9 ~~and~~ shall be billed by each telecommunication services provider and shall be payable to the

10 telecommunication services provider by the subscriber. Prepaid wireless telecommunications

11 services shall not be included in this act, but shall be governed by chapter 21.2 of this title. The E-

12 911 uniform emergency telephone system shall establish, by rule or regulation, an appropriate

13 funding mechanism to recover from the general body of ratepayers this surcharge.

14 (b) The amount of the ~~surcharge~~ surcharges shall not be subject to the tax imposed under

15 chapter 18 of title 44 nor be included within the telephone common carrier's gross earnings for the

16 purpose of computing the tax under chapter 13 of title 44.

17 (c) Each telephone common carrier and each telecommunication services provider shall

18 establish a special account to which it shall deposit on a monthly basis the amounts collected as a

19 ~~surcharge~~ surcharges under this section.

20 (d) The money collected by each telecommunication services provider shall be transferred

21 within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, voice

22 over internet protocol (VoIP), satellite, computer, internet, or communications services in this state

23 and every month thereafter, to the division of taxation, together with the accrued interest ~~, and~~. The

24 E-911 surcharge shall be deposited in ~~the general fund as general revenue~~ a restricted receipt

25 account and used solely for the operation of the E 9-1-1 uniform emergency telephone system;. The

26 first response surcharge shall be deposited in the general fund; provided, however, that ~~beginning~~

27 ~~July 1,~~ ~~2015~~, ten percent (10%) of ~~such~~ money collected from the first response surcharge shall be

28 deposited in the information technology investment fund established pursuant to § 42-11-2.5. Any

29 money not transferred in accordance with this paragraph shall be assessed interest at the rate set

30 forth in § 44-1-7 from the date the money should have been transferred.

31 (e) Every billed subscriber-user shall be liable for any surcharge imposed under this section

32 until it has been paid to the telephone common carrier or telecommunication services provider. Any

33 surcharge shall be added to and ~~may~~ shall be stated separately in the billing by the telephone

34 common carrier or telecommunication services provider and shall be collected by the telephone

1 common carrier or telecommunication services provider.

2 (f) Each telephone common carrier and telecommunication services provider shall annually

3 provide the E 9-1-1 uniform emergency telephone system division or any other agency that may

4 replace it, with a list of amounts uncollected together with the names and addresses of its

5 subscriber-users who can be determined by the telephone common carrier or telecommunication

6 services provider to have not paid the E-911 surcharge.

7 (g) Included within, but not limited to, the purposes for which the money collected from

8 the E-911 surcharge may be used are rent, lease, purchase, improvement, construction,

9 maintenance, repair, and utilities for the equipment and site or sites occupied by the ~~state's first~~

10 ~~responder and emergency services agencies~~ E-911 uniform emergency telephone system; salaries,

11 benefits, and other associated personnel costs; acquisition, upgrade, or modification of PSAP

12 equipment to be capable of receiving E 9-1-1 information, including necessary computer hardware,

13 software, and database provisioning, addressing, and non-recurring costs of establishing emergency

14 services; network development, operation, and maintenance; database development, operation, and

15 maintenance; on-premise equipment maintenance and operation; training emergency service

16 personnel regarding use of E 9-1-1; educating consumers regarding the operations, limitations, role,

17 and responsible use of E 9-1-1; reimbursement to telephone common carriers or telecommunication

18 services providers of rates or recurring costs associated with any services, operation,

19 administration, or maintenance of E 9-1-1 services as approved by the division; reimbursement to

20 telecommunication services providers or telephone common carriers of other costs associated with

21 providing E 9-1-1 services, including the cost of the design, development, and implementation of

22 equipment or software necessary to provide E 9-1-1 service information to PSAP's, as approved by

23 the division.

24 (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]

25 (i) Nothing in this section shall be construed to constitute rate regulation of wireless

26 communication services carriers, nor shall this section be construed to prohibit wireless

27 communication services carriers from charging subscribers for any wireless service or feature.

28 (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1].

29 SECTION 9. Sections 39-21.2-2, 39-21.2-4 and 39-21.2-5 of the General Laws in Chapter

30 39-21.2 entitled "Prepaid Wireless Charge Act" are hereby amended to read as follows:

31 39-21.2-2. Findings.

32 The legislature finds that:

33 (1) Maintaining effective and efficient emergency services ~~and first responder agencies~~

34 across the state benefits all citizens;

1 (2) 911 fees imposed upon the consumers of telecommunications services that have the

2 ability to dial 911 are an important funding mechanism to assist state and local governments with

3 the deployment of emergency services to the citizens of this state;

4 (3) Prepaid wireless telecommunication services are an important segment of the

5 telecommunications industry and have proven particularly attractive to low-income, low-volume

6 consumers;

7 (4) Unlike traditional telecommunications services, prepaid wireless telecommunications

8 services are not sold or used pursuant to term contracts or subscriptions, and monthly bills are not

9 sent to consumers by prepaid wireless telecommunication services providers or retail vendors;

10 (5) Prepaid wireless consumers have the same access to emergency 911 services from their

11 wireless devices as wireless consumers on term contracts, and prepaid wireless consumers benefit

12 from the ability to access the 911 system by dialing 911;

13 (6) Consumers purchase prepaid wireless telecommunication services at a wide variety of

14 general retail locations and other distribution channels, not just through service providers;

15 (7) Such purchases are made on a "cash-and-carry" or "pay-as-you-go" basis from retailers;

16 and

17 (8) To ensure equitable contributions to the funding of emergency systems from consumers

18 of prepaid wireless telecommunication services, the collection and payment obligation of charges

19 to support ~~the state's first responder and emergency services~~ E-911 should be imposed upon the

20 consumer's retail purchase of the prepaid wireless telecommunication service and should be in the

21 form of a single, statewide charge that is collected once at the time of purchase directly from the

22 consumer, remitted to the state, and distributed to E911 authorities pursuant to state law.

23 39-21.2-4. ~~Emergency services and first response surcharge~~ E-911 surcharge.

24 (a) Amount of charge. The prepaid wireless E-911 charge is hereby levied at the rate of

25 two and one-half percent (2.5%) per retail transaction or, on and after the effective date of an

26 adjusted amount per retail transaction that is established under subsection (f) of this section, such

27 adjusted amount.

28 (b) Collection of charge. The prepaid wireless charge shall be collected by the seller from

29 the consumer with respect to each retail transaction occurring in this state. The amount of the

30 prepaid wireless charge shall be either separately stated on an invoice, receipt, or other similar

31 document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.

32 (c) Application of charge. For purposes of subsection (b) of this section, a retail transaction

33 that is effected in person by a consumer at a business location of the seller shall be treated as

34 occurring in this state if that business location is in this state, and any other retail transaction shall

1 be treated as occurring in this state if the retail transaction is treated as occurring in this state for

2 purposes of chapter 18 of title 44.

3 (d) Liability for charge. The prepaid wireless charge is the liability of the consumer and

4 not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless

5 charges that the seller collects from consumers as provided in § 39-21.2-5, including all such

6 charges that the seller is deemed to collect where the amount of the charge has not been separately

7 stated on an invoice, receipt, or other similar document provided to the consumer by the seller.

8 (e) Exclusion of charge from base of other taxes and fees. The amount of the prepaid

9 wireless charge that is collected by a seller from a consumer, if such amount is separately stated on

10 an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be

11 included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this

12 state, any political subdivision of this state, or any intergovernmental agency, including, but not

13 limited to, the tax imposed under chapter 18 of title 44 nor be included within the telephone

14 common carrier's gross earnings for the purpose of computing the tax under chapter 13 of title 44.

15 ~~(f) Re-setting of charge. The prepaid wireless charge shall be proportionately increased or~~

16 ~~reduced, as applicable, upon any change to the state charge on postpaid wireless~~

17 ~~telecommunications service under § 39-21.1-14 or § 39-1-62(d)(2). The adjusted amount shall be~~

18 ~~determined by dividing the sum of the surcharges imposed under § 39-21.1-14 and § 39-1-62(d)(2)~~

19 ~~by fifty dollars ($50.00). Such increase or reduction shall be effective on the effective date of the~~

20 ~~change to the postpaid charge or, if later, the first day of the first calendar month to occur at least~~

21 ~~sixty (60) days after the enactment of the change to the postpaid charge. The division shall provide~~

22 ~~not less than thirty (30) days of advance notice of such increase or reduction on the division's~~

23 ~~website.~~

24 ~~(g)~~(f) Bundled transactions. When prepaid wireless telecommunications service is sold

25 with one or more other products or services for a single, non-itemized price, then the percentage

26 specified in subsection (a) of this section shall apply to the entire non-itemized prices unless the

27 seller elects to apply such percentage (1) If the amount of prepaid wireless telecommunications

28 service is disclosed to the consumer as a dollar amount, such dollar amount, or (2) If the retailer

29 can identify the portion of the price that is attributable to the prepaid wireless telecommunications

30 service, by reasonable and verifiable standards from its books and records that are kept in the

31 regular course of business for other purposes, including, but not limited to, non-tax purposes, such

32 portion.

33 However, if a minimal amount of prepaid wireless telecommunications service is sold with

34 a prepaid wireless device for a single, non-itemized price, then the seller may elect not to apply the

1 percentage specified in subsection (a) of this section to such transaction. For purposes of this

2 paragraph, an amount of service denominated as ten (10) minutes or less, or five dollars ($5.00) or

3 less, is minimal.

4 39-21.2-5. Administration of E911 charge.

5 (a) Time and manner of payment. Prepaid wireless E911 charges collected by sellers shall

6 be remitted to the division at the times and in the manner provided by the streamlined sales and use

7 tax as described in § 44-18.1-34. The division shall establish registration and payment procedures

8 that substantially coincide with the registration and payment procedures that apply to the

9 streamlined sales and use tax.

10 (b) Seller administrative deduction. A seller shall be permitted to deduct and retain one

11 percent (1%) of prepaid wireless E911 charges that are collected by the seller from consumers.

12 (c) Audit and appeal procedures. The audit and appeal procedures applicable to sales and

13 use tax under § 44-19-18 of the general laws shall apply to prepaid wireless E911 charges.

14 (d) Exemption documentation. The division shall establish procedures by which a seller of

15 prepaid wireless telecommunications service may document that a sale is not a retail transaction,

16 which procedures shall substantially coincide with the procedures form documenting sale for resale

17 transactions for sales tax purposes under § 44-19-18 of the general laws.

18 (e) All E-911 fees collected pursuant to this section shall be deposited ~~as general revenues~~

19 in a restricted receipt account and used solely for the operation of the E 9-1-1 uniform emergency

20 telephone system.

21 SECTION 10. Section 42-7.2-10 of the General Laws in Chapter 42-7.2 entitled "Office of

22 Health and Human Services" is hereby amended to read as follows:

23 42-7.2-10. Appropriations and disbursements.

24 (a) The general assembly shall annually appropriate such sums as it may deem necessary

25 for the purpose of carrying out the provisions of this chapter. The state controller is hereby

26 authorized and directed to draw his or her orders upon the general treasurer for the payment of such

27 sum or sums, or so much thereof as may from time to time be required, upon receipt by him or her

28 of proper vouchers approved by the secretary of the executive office of health and human services,

29 or his or her designee.

30 (b) For the purpose of recording federal financial participation associated with qualifying

31 healthcare workforce development activities at the state’s public institutions of higher education,

32 and pursuant to the Rhode Island Designated State Health Programs (DSHP), as approved by CMS

33 October 20, 2016 in the 11-W-00242/1 amendment to Rhode Island’s section 1115 Demonstration

34 Waiver, there is hereby established a restricted receipt account entitled “Health System

1 Transformation Project” in the general fund of the state and included in the budget of the office of

2 health and human services.

3 SECTION 11. Section 42-9-19 of the General Laws in Chapter 42-19 entitled "Department

4 of Attorney General" is hereby amended to read as follows:

5 42-9-19. Acceptance of settlements - Attorney General settlement restricted account.

6 (a) The attorney general is hereby authorized and empowered to accept in the name of the

7 state any settlement resulting from a multi-state initiative. The attorney general is additionally

8 authorized and empowered to recover attorneys' fees and costs which shall be considered settlement

9 proceeds for purposes of this chapter.

10 (b) Such settlement proceeds shall be transferred to the general treasurer for deposit in the

11 general fund. The general treasurer shall transfer ten percent (10%) of such proceeds, up to sixty

12 five thousand dollars ($65,000) in any fiscal year, to the "attorney general multi-state initiative

13 restricted receipt account." The restricted receipt account shall be used ~~solely~~ to pay for ~~any fees or~~

14 ~~membership dues~~ staff, operational, and litigation costs associated with multi-state initiatives.

15 (c) Expenditure of all settlement proceeds accepted by the attorney general as part of the

16 terms of the relevant master settlement agreement shall be subject to the annual appropriation

17 process and approval by the general assembly.

18 SECTION 12. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled

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

20 42-11-2.5. Information technology investment fund.

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

22 other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-

23 7-15(c), shall be transferred to an information technology investment fund restricted-receipt

24 account that is hereby established. This fund shall consist of such sums from the sale of any land

25 and the buildings and improvements thereon, and other real property, title to which is vested in the

26 state, except as provided in §§ 37-7-15(b) and 37-7-15(c), as well as a share of ~~emergency services~~

27 ~~and~~ first response surcharge revenues collected under the provisions of § 39-21.1-14. This fund

28 may also consist of such sums as the state may from time to time appropriate; as well as money

29 received from the disposal of information technology equipment, loan, interest, and service charge

30 payments from benefiting state agencies; as well as interest earnings, money received from the

31 federal government, gifts, bequest, donations, or otherwise from any public or private source. Any

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

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

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

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1 ARTICLE 3 AS AMENDED

2 RELATING TO GOVERNMENT REFORM

3 SECTION 1. Sections 1-6-1 and 1-6-3 of the General Laws in Chapter 1-6 entitled

4 "Warwick Airport Parking District" are hereby amended to read as follows:

5 1-6-1. Definitions.

6 As used in this chapter:

7 (1) "Administrator" means the state tax administrator.

8 (2) "District" means the Warwick airport parking district, being the district that runs from

9 a point on Main Avenue in the city of Warwick at the southerly boundary of T.F. Green state airport,

10 and westerly along Main Avenue to a point one-third (1/3) mile west of the intersection of Main

11 Avenue with Post Road; turning thence northerly running along a line parallel to and one-third (1/3)

12 mile west of Post Road to a point one mile north of the line of Airport Road; thence turning east

13 running along a line parallel to and one-third (1/3) mile north of the line of Airport Road to Warwick

14 Avenue; thence turning south along Warwick Avenue to Airport Road; thence turning west along

15 Airport Road to the boundary of T.F. Green state airport; thence running southerly along the

16 boundary of T.F. Green state airport to the point of beginning. If any parking facility (including

17 entrances, driveways, or private access roads) is constructed partly within the district as so defined,

18 the entire facility shall be treated as though within the district.

19 (3) "Operator" means any person providing transient parking within the district.

20 (4) "Permit fee" means the fee payable annually by an operator to the tax administrator in

21 ~~an amount equal to ten dollars ($10.00) for each space made, or to be made, available by the~~

22 ~~operator for transient parking during the period of a permit's effectiveness, but not more than two~~

23 ~~hundred fifty dollars ($250) for each permit~~.

24 (5) "Transient parking" means any parking for motor vehicles at a lot, garage, or other

25 parking facility within the district for which a fee is collected by the operator, but excludes:

26 (i) Parking for which the fee is charged and paid on a monthly or less frequent basis;

27 (ii) Parking for any employee of the operator of the facility;

28 (iii) Parking provided by any hotel or motel for registered guests;

29 (iv) Parking provided by validation or having a validated rate, where the person providing

30 the validation does not maintain a place of business at T.F. Green state airport.

1 (6) "Transient parking receipts" means the gross receipts collected by an operator

2 (excluding the surcharge imposed by this chapter) in consideration of the provision of transient

3 parking.

4 1-6-3. Permits for parking operations in district.

5 (a) Every person desiring to provide transient parking in the district shall file with the tax

6 administrator an application for a permit for each place of business where transient parking will be

7 provided. The application shall be in a form, include information, and bear any signatures that the

8 tax administrator may require. There shall be no fee for this permit. ~~At the time of making an~~

9 ~~application, the applicant shall pay to the tax administrator the permit fee.~~ Every permit issued

10 under this chapter shall expire on June 30 of each year. Every permit holder desiring to renew a

11 permit shall annually, on or before February 1 of each year, apply for renewal of its permit ~~and file~~

12 ~~with it the appropriate permit fee~~. The renewal permit shall be valid for the period of July 1 of that

13 calendar year through June 30 of the subsequent calendar year, unless sooner canceled, suspended,

14 or revoked. Upon receipt of the required application ~~and permit fee~~, the tax administrator shall issue

15 to the applicant a permit. Provided, that if the applicant, at the time of making the application, owes

16 any fee, surcharge, penalty, or interest imposed under the authority of this chapter, the applicant

17 shall pay the amount owed. ~~An operator whose permit has been previously suspended or revoked~~

18 ~~shall pay to the tax administrator a permit fee for the renewal or issuance of a permit.~~

19 (b) Whenever any person fails to comply with any provision of this chapter, the tax

20 administrator upon hearing, after giving the person at least five (5) days notice in writing,

21 specifying the time and place of hearing and requiring the person to show cause why his or her

22 permit or permits should not be revoked, may revoke or suspend any one or more of the permits

23 held by the person. The notice may be served personally or by mail. The tax administrator shall not

24 issue a new permit after the revocation of a permit unless the administrator is satisfied that the

25 former holder of the permit will comply with the provisions of the ordinance.

26 (c) The superior court of this state has jurisdiction to restrain and enjoin any person from

27 engaging in business as an operator of a transient parking facility in the district without a parking

28 operator's permit or permits or after a transient parking facility operator's permit has been

29 suspended or revoked. The tax administrator may institute proceedings to prevent and restrain

30 violations of this chapter. In any proceeding instituted under this section, proof that a person

31 continues to operate a transient parking facility from the location to which a revoked parking

32 operator's permit was assigned, is prima facie evidence that the person is engaging in business as a

33 parking operator without a parking operator's permit.

34 (d) Permit fees collected under the authority of this section shall be deposited into the

1 general fund of the state.

2 SECTION 2. Section 11-18-12 of the General Laws in Chapter 11-18 entitled "Fraud and

3 False Dealing" is hereby amended to read as follows:

4 11-18-12. Injunction of false advertising.

5 (a) Except as provided in subsection (b) of this section, when ~~When~~ it appears to the

6 director of business regulation of the state of Rhode Island that any person, firm, corporation, or

7 association is violating any of the provisions of § 11-18-10, the director of business regulation may

8 cause to be instituted an action, commenced in the name of the director of business regulation in

9 his or her capacity as director of business regulation, to enjoin the violation in the superior court

10 and the court shall have jurisdiction to enjoin and/or restrain any person, firm, corporation or

11 association from violating any of the provisions of § 11-18-10 without regard to whether criminal

12 proceedings have been or may be instituted.

13 (b) When it appears to the director of labor and training of the state of Rhode Island that

14 any person, firm, corporation, or association is violating any of the provisions of § 11-18-10 with

15 respect to the offer or sale of liquid fuels, lubricating oils or other similar products, the director of

16 labor and training may cause to be instituted an action, commenced in the name of the director of

17 labor and training in his or her capacity as director of labor and training, to enjoin the violation in

18 the superior court and the court shall have jurisdiction to enjoin and/or restrain any person, firm,

19 corporation, or association from violating any of the provisions of § 11-18-10 with respect to the

20 offer or sale of liquid fuels, lubricating oils or other similar products without regard to whether

21 criminal proceedings have been or may be instituted.

22 SECTION 3. Section 31-36.1-3 of the General Laws in Chapter 31-36.1 entitled "Fuel Use

23 Reporting Law" is hereby amended to read as follows:

24 31-36.1-3. Motor carrier license and identification -- Temporary licenses.

25 (a) Each carrier operating a qualified motor vehicle in two (2) or more jurisdictions shall

26 apply to the administrator for a motor carrier fuel use license upon forms approved by the

27 administrator and there shall be no fee for this license ~~be shall upon application, pay a license fee~~

28 ~~of ten dollars ($10.00)~~. The license shall remain in effect until surrendered or revoked under the

29 provisions of § 31-36.1-4. The tax administrator shall, in addition, provide identification devices in

30 the quantity requested to each licensed motor carrier. One such device must be displayed on the

31 exterior portion of each side of the cab of each qualified motor vehicle. ~~The fee for such~~

32 ~~identification device shall be ten dollars ($10.00) per qualified motor vehicle~~. Identification devices

33 shall be issued each year by the administrator and shall be displayed on or before March 1.

34 (b) The administrator may refuse to issue a license if the application for it:

1 (1) Is filed by a motor carrier whose license at any time theretofore has been revoked by

2 the administrator.

3 (2) Contains any misrepresentation, misstatement, or omission of material information

4 required by the application.

5 (3) Is filed by some other motor carrier as a subterfuge of the real motor carrier in interest

6 whose license or registration previously has been revoked for cause by the administrator.

7 (4) Is filed by any motor carrier who is delinquent in the payment of any fee, tax, penalty,

8 or other amount due the administrator for its account.

9 The finding may be made by the administrator after granting the applicant a hearing of

10 which the applicant shall be given ten (10) days notice in writing, and in which the applicant shall

11 have the right to appear in person or by counsel and present testimony.

12 (c) Temporary license. Upon application to the administrator ~~and payment of a fee of ten~~

13 ~~dollars ($10.00)~~, an unlicensed motor carrier may obtain a temporary license which will authorize

14 one qualified motor vehicle to be operated on the highways of this state, for a period not to exceed

15 ten (10) days, without compliance with the fees imposed in this section, the tax imposed in § 31-

16 36.1-5, and the bond required in § 31-36.1-6. There shall be no fee for this license.

17 (d) The administrator may adopt rules and regulations specifying the conditions under

18 which temporary licenses will be issued and providing for their issuance.

19 SECTION 4. Sections 31-37-10 and 31-37-21 of the General Laws in Chapter 31-37

20 entitled "Retail Sale of Gasoline" are hereby amended to read as follows:

21 31-37-10. Term of licenses -- Fee.

22 (a) Any license issued by the tax administrator to an owner for the operation of a retail

23 filling station, or to a peddler of gasoline, shall, from the date of the issuance of the license, be and

24 remain in full force and effect until or unless:

25 (1) Suspended or revoked by the tax administrator,

26 (2) The business with respect to which the license was issued shall change ownership, or

27 (3) The owner or peddler shall cease to transact the business for which the license was

28 issued.

29 (b) In any of which cases the license shall expire and terminate, and its holder shall

30 immediately return the license to the tax administrator. There shall be no fee for this license.

31 ~~The charge or fee for the license shall be five dollars ($5.00).~~

32 31-37-21. Enforcement.

33 The tax administrator shall enforce the provisions of this chapter and chapter 36 of this

34 title, except that the director of ~~business regulation~~ labor and training shall enforce the provisions

1 of §§ 31-37-11 -- 31-37-17 and §§ 11-18-13 -- 11-18-18. The department of ~~business regulation~~

2 labor and training shall cause any violation subject to its jurisdiction under this chapter to be

3 referred to law enforcement officials in the city or town where the violation has or is occurring for

4 prosecution.

5 SECTION 5. Effective September 1, 2019, Section 36-3-5 of the General Laws in Chapter

6 36-3 entitled "Division of Personnel Administration" is hereby amended to read as follows:

7 36-3-5. Powers and duties of the administrator.

8 In addition to the duties imposed upon the personnel administrator elsewhere in the law

9 and the personnel rules, it shall be the duty of the personnel administrator:

10 (1) As executive head of the division of personnel administration, to direct, supervise,

11 develop, and authorize all personnel related administrative and technical activities including

12 personnel administration and personnel management.

13 (2) To prepare and recommend to the director of administration such rules as are deemed

14 necessary to carry out the provisions of the law.

15 (3) To supervise the operation of the classification plan and to recommend to the director

16 amendments and additions thereto.

17 (4) To supervise the operation of the pay plan and to recommend to the director

18 amendments and additions thereto.

19 (5) To establish and supervise the maintenance of employment lists, promotion lists, and

20 reemployment lists; to develop recruitment procedures, monitor agency recruitment processes for

21 compliance with the statutes and policies, and make available to state agencies qualified candidates

22 as vacancies occur; direct and supervise equal opportunity programs; manage employee benefit

23 plans including the coordination of health insurance, prescription/vision care, group life insurance,

24 dental care, prepaid legal services, deferred compensation and cancer programs, and any other

25 programs established by the legislature related to employee benefits; and to manage career awards

26 programs and state and local enforcement firefighters incentive training programs.

27 (6) To perform any other lawful act which he or she may consider necessary or desirable

28 to carry out the purposes and provisions of this chapter, and chapter 4 of this title, and the rules and

29 to conduct innovative demonstration projects to improve state personnel management.

30 (7) To facilitate and/or coordinate state and national background checks for applicants

31 and/or employees in state positions with access to federal tax information, as defined in § 36-3-

32 16(a)(6).

33 SECTION 6. Effective September 1, 2019, Chapter 36-3 of the General Laws entitled

34 "Division of Personnel Administration" is hereby amended by adding thereto the following section:

1 36-3-16. Authority to conduct state and national background checks for applicants

2 and employees in state positions with access to federal tax information.

3 (a) Definitions. As used in this section, the following terms are hereby defined as follows:

4 (1) “Access,” shall mean the direct use, contact, handling or viewing of federal tax

5 information, as defined herein, in paper or electronic form, regardless of the frequency, likelihood

6 or extent of such access.

7 (2) “Agency” or “state agency,” shall mean a Rhode Island state agency within the

8 executive branch.

9 (3) “Agency head,” shall mean the director or designee of a state agency holding the

10 position with access (as defined herein).

11 (4) “Applicant for employment,” shall mean an individual who has applied for or may be

12 offered employment, transfer or promotional opportunities with a state agency, including

13 employment as a full-time or part-time employee, intern, temporary or seasonal employee, or

14 volunteer, in a position with access (as defined herein).

15 (5) “Current agency employee,” shall mean a full-time or part-time state employee, intern,

16 temporary or seasonal employee or volunteer in a position with access (as defined herein).

17 (6) “Federal tax information” or “FTI” shall mean:

18 i) Federal tax returns or information created or derived from federal tax returns that is in

19 an agency’s possession or control, which is covered by the confidentiality protections of the Internal

20 Revenue Code and subject to 26 U.S.C. section 6103 (p)(4) safeguarding requirements, including

21 oversight by the Internal Revenue Service (“IRS”); and received directly from the IRS or obtained

22 through an authorized secondary source, such as the Social Security Administration (SSA), Federal

23 Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS), Centers for

24 Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS pursuant to

25 an Internal Revenue Code (“IRC”) 6103(p)(2)(B) agreement; and

26 (ii) FTI shall expressly not include federal tax returns or information created or derived

27 from federal tax returns received from taxpayers or other third-parties.

28 (7) “Law enforcement authorized agency” shall mean a government entity authorized to

29 conduct national background checks using the federal bureau of investigation’s fingerprinting

30 national background check system.

31 (b) The personnel administrator or designee shall require to be obtained a state and national

32 fingerprint-based criminal background check initially and at least every ten years, as authorized by

33 Public Law 92-544, to determine the suitability of an applicant for employment prior to hiring or a

34 current agency employee, if the position applied for or held requires or includes access to FTI.

1 (c) An applicant for employment or current agency employee who refuses to comply with

2 the fingerprint-based background check requirements shall be considered unsuitable for serving in

3 a position requiring or involving, or which may require or involve, access to FTI.

4 (d) The national fingerprint-based criminal background check shall be facilitated through

5 the office of the attorney general or another law enforcement authorized agency and forwarded to

6 the federal bureau of investigation for a national criminal history check, according to the policies,

7 procedures, and/or regulations established by the office of the attorney general or another law

8 enforcement authorized agency.

9 (1) For current agency employees, the agency shall pay the applicable fee charged through

10 the office attorney general or other law enforcement authorized agency to conduct state and national

11 background checks. However, applicants for employment shall be required to pay the fee charged

12 through the office attorney general or other law enforcement authorized agency.

13 (2) Fingerprint submissions may be retained by the federal bureau of Investigation and the

14 office of the attorney general or other law enforcement authorized agency to assist the personnel

15 administrator authorized pursuant to this section to ensure the continued suitability of an applicant

16 for employment or a current agency employee for access to FTI.

17 (3) The office of the attorney general or other law enforcement authorized agency may

18 disseminate the results of the state and national criminal background checks to the personnel

19 administrator or designee of the personnel administrator.

20 (4) Notwithstanding any law to the contrary, solely for the purposes of this chapter, the

21 personnel administrator, agency head and authorized staff of an agency may receive criminal

22 offender record information to the extent required by federal law and the results of checks of

23 national criminal history information databases under Public Law 92-544.

24 (5) Upon receipt of the results of state and national criminal background checks, the

25 personnel administrator, agency head and other authorized staff shall treat the information as non-

26 public and exempt from disclosure in accordance with the Rhode Island Access to Public Records

27 Act, R.I. Gen. Laws 38-2-2(4)(A)(I)(b). Information acquired by any agency in the background

28 check process pursuant to this section shall be used solely for the purposes of making a

29 determination as to the suitability of a particular current employee or applicant for employment for

30 and assignment to duties in a position that requires or includes, or may require or include, access

31 to FTI.

32 (e) If the office of the attorney general or other law enforcement authorized agency receives

33 criminal record information from the state or national fingerprint-based criminal background

34 checks that includes no disposition or is otherwise incomplete, the office of the attorney general or

1 other law enforcement authorized agency shall notify the personnel administrator and the subject

2 person. The applicant for employment or the current agency employee shall be responsible for

3 resolving any issues in other jurisdictions causing an incomplete background check. Within fifteen

4 (15) business days from being notified, the applicant for employment or current agency employee

5 must resolve any incomplete background check. For the purposes of this chapter, the personnel

6 administrator, in his or her sole discretion, may extend the amount of time to resolve an incomplete

7 report. Once resolved, the applicant’s suitability for employment in a position requiring or

8 involving, or which may require or involve, access to FTI shall be determined in accordance with

9 subsection (f).

10 (1) In the event that an applicant for employment fails to resolve an issue with an

11 incomplete background check by the deadline stated herein, the person shall no longer be

12 considered for employment to the position with access.

13 (2) In the event that a current agency employee fails to resolve an issue with an incomplete

14 background check by the deadline provided herein, along with any extension, the employee may

15 be terminated or discharged from employment; provided, however, that a current agency employee

16 may be placed on administrative leave or reassigned to a position that does not require access to

17 FTI if that position is available and subject to the business needs of the agency at the discretion of

18 the personnel administrator and agency head. Any such employment action shall be subject to same

19 appeal or grievance procedures as normally authorized.

20 (f) The personnel administrator or designee shall review the results to determine the

21 suitability of the applicant for employment or current agency employee, based on criteria

22 established through regulation, to serve in a position requiring or involving, or which may require

23 or involve, access to FTI. In making such a determination of suitability, the personnel administrator

24 or designee may consult with the agency head and consider mitigating factors relevant to the current

25 agency employee’s employment and the nature of any disqualifying offense.

26 (1) In the event that an applicant for employment receives a final determination that the

27 person is unsuitable, the person shall no longer be considered for employment into a position with

28 access.

29 (2) A current employee may appeal a determination of unsuitability to the personnel

30 administrator. While the appeal is pending, the employee may be placed on administrative leave in

31 the discretion of the personnel administrator. A final determination of unsuitability after appeal

32 may result in termination or discharge from employment; provided, however, that subject to the

33 discretion of the personnel administrator and the agency head, a current agency employee may be

34 reassigned to a position that does not require access to FTI if that position is available and subject

1 to the business needs of the agency. Any such employment action shall be subject to further appeal

2 or grievance procedures as normally authorized.

3 (g) Nothing in this section shall limit or preclude an agency’s right to carry on a background

4 investigation of an applicant for employment or a current agency employee using other authorized

5 means.

6 (h) The Department of Administration is hereby authorized to promulgate and adopt

7 regulations necessary to carry out this section.

8 (i) The judicial branch is hereby authorized to comply with the provisions herein related to

9 employees with access to FTI.

10 SECTION 7. Effective September 1, 2019, Chapter 37-2 of the General Laws entitled

11 "State Purchases" is hereby amended by adding thereto the following section:

12 37-2-81. Authority to conduct state and national background checks for vendors with

13 access to federal tax information.

14 (a) Definitions. As used in this section, the following terms shall be defined as follows:

15 (1) “Access,” shall mean the direct and indirect use, contact, handling or viewing of federal

16 tax information, as defined herein, in paper or electronic form, regardless of the frequency,

17 likelihood or extent of such access or whether the access is intentional or inadvertent.

18 (2) “Agency” or “state agency,” shall mean a Rhode Island state department within the

19 executive branch.

20 (3) “Agency head” shall mean the director or designee of a state department for which the

21 vendor is providing services.

22 (4) “Division” shall mean the division of purchases.

23 (5) “Federal tax information” or “FTI” shall mean:

24 (i) Federal tax returns or information created or derived from federal tax returns that is in

25 an agency’s possession or control, which is covered by the confidentiality protections of the Internal

26 Revenue Code and subject to 26 U.S.C. section 6103 (p)(4) safeguarding requirements, including

27 oversight by the Internal Revenue Service (“IRS”); and is received directly from the IRS or

28 obtained through an authorized secondary source, such as the Social Security Administration

29 (SSA), Federal Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS),

30 Centers for Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS

31 pursuant to an Internal Revenue Code (“IRC”) 6103(p)(2)(B) agreement; and

32 (ii) Shall not include federal tax returns or information created or derived from federal tax

33 returns received directly from taxpayers or other third-parties.

34 (6) “Vendor” shall mean any individual, firm, corporation, partnership or other corporate

1 entity, including employees, subcontractors, who are performing services for the state and has

2 access, as defined herein, to FTI.

3 (b) The agency head shall require a vendor to complete a state and national fingerprint-

4 based criminal background check, as authorized by Public Law 92-544, to determine the suitability

5 of a vendor's employees and subcontractors if the services to the state requires or includes, or may

6 require or include, access to FTI. This requirement for a vendor shall be incorporated by reference

7 into the vendor’s agreement with the state. No new vendor employee or subcontractor who has or

8 may have access to FTI shall perform services for the State until the person is deemed suitable by

9 the agency head. Existing vendor employees and subcontractors, as of the effective date of this

10 statute, shall complete the background check requirement within a reasonable time as approved by

11 the agency head.

12 (c) The national fingerprint-based criminal background check shall be facilitated through

13 the Rhode Island office of the attorney general or other law enforcement authorized agency, using

14 the same criteria established under § 36-3-16 for applicants and current state employees. The

15 information shall be forwarded to the Federal Bureau of Investigation (FBI) for a national criminal

16 history check, according to the policies, procedures, and/or regulations established by the office of

17 the attorney general or other law enforcement authorized agency. The office of the attorney general

18 or other law enforcement authorized agency may disseminate the results of the national criminal

19 background checks to the Department of Administration and/or the agency head where the services

20 are being provided.

21 (d) Reciprocity. Nothing herein shall prevent the agency head, at his or her discretion, from

22 accepting a recent national fingerprint-based criminal background check for a vendor related to FTI

23 access conducted in another suitable jurisdiction.

24 (e) The agency head may receive criminal offender record information to the extent

25 required by federal law and the results of checks of national criminal history information databases

26 under Public Law 92-544. Upon receipt of the results of state and national criminal background

27 checks, the agency head shall treat the information as non-public and exempt from disclosure in

28 accordance with the Rhode Island Access to Public Records Act, R.I. Gen. Laws 38-2-2(4)(B).

29 Information acquired by any agency in the background check process pursuant to this section shall

30 be used solely for the purpose of making a determination as to the suitability of a vendor in a

31 position which requires or includes, or may require or include, access to FTI.

32 (f) The state shall not be responsible for any fees charged through the office attorney

33 general, other law enforcement authorized agency or other jurisdiction to conduct the state and

34 national background check for vendor.

1 (g) A vendor who refuses to comply with the fingerprint-based background check

2 requirement shall be considered unsuitable for services requiring or involving, or which may

3 require or involve, access to FTI. Refusal to comply by the vendor may result in termination of the

4 contract with the State and/or other procurement sanctions if appropriate. Nothing herein shall

5 prevent the vendor from replacing an employee or subcontractor who refuses to comply with this

6 requirement, subject to written approval by the agency head.

7 (h) Upon receipt of the results of a state and national criminal background check for the

8 vendor the agency head shall review the results and determine the suitability of the person with

9 regard to service in a position requiring or involving, or which may require or involve, access to

10 FTI. In making a determination of suitability, the agency head may consider mitigating factors

11 relevant to the vendor’s scope of work and the nature of any disqualifying offense. Unsuitability of

12 a vendor may result in termination of the contract with the State and/or a requirement that the

13 vendor to replace the employee or subcontractor, with a suitable person, subject to written approval

14 by the agency head.

15 (i) If the office of the attorney general or other law enforcement authorized agency receives

16 criminal record information from the state or national fingerprint-based criminal background

17 checks that includes no disposition or is otherwise incomplete, the subject person shall be

18 responsible for resolving any issues in other jurisdictions causing an incomplete background check.

19 The vendor shall immediately notify the state in writing the name and circumstances of any

20 employees or subcontractors who have received an incomplete background check. Failure to

21 establish suitability of a vendor employee, subcontractor or other agent may result in termination

22 of the contract with the State and/or a requirement that the vendor to replace the employee,

23 subcontractor or other agent with a suitable person, subject to written approval by the agency head.

24 (j) Nothing in this section shall limit or preclude an agency’s right to carry on a background

25 investigation of a vendor using other authorized means.

26 (k) The department of administration is hereby authorized to promulgate and adopt

27 regulations necessary to carry out this section.

28 (l) The judicial branch is hereby authorized to comply with the provisions herein related to

29 vendors working on behalf of the judiciary receiving access to FTI.

30 SECTION 8. Effective September 1, 2019, sections 40-13.2-2, 40-13.2-4 and 40-13.2-5 in

31 Chapter 40-13.2 entitled "Certification of Child Care and Youth Serving Agency Workers" are

32 hereby amended to read as follows:

33 40-13.2-2. Qualification for childcare employment.

34 Notwithstanding any other provisions of law to the contrary, any person seeking to operate

1 or seeking employment in any facility which is, or is required to be, licensed or registered with the

2 department of children youth and families, the department of human services, or seeking

3 employment at the training school for youth if that employment involves supervisory or disciplinary

4 power over a child or children or involves routine contact with a child or children without the

5 presence of other employees, shall undergo an employment background check, a CANTS (child

6 abuse and neglect tracking system) check of substantiated complaints, and criminal records check

7 as provided for in this chapter. The director of the department of children, youth, and families and

8 the director of the department of human services may by rule identify those positions requiring

9 background checks, CANTS checks and criminal records checks.

10 40-13.2-4. Criminal records check -- Operators of child care facilities which must be

11 licensed or registered with the department.

12 Any person seeking to operate a facility, that is, or is required to be, licensed or registered

13 with the department of human services or the department of children, youth and families, shall

14 apply to the Rhode Island bureau of criminal identification, attorney general’s office, or the

15 department of children, youth and families or the state or local police department, for a nationwide,

16 criminal-records check. The check will conform to the applicable federal standards, including the

17 taking of fingerprints to identify the applicant, and any expense associated with providing the

18 criminal-records check shall be paid by the applicant and/or requesting agency. The director of the

19 department of human services or the department of children, youth and families will determine by

20 rule those items of information appearing on a criminal-records check, which constitute

21 disqualifying information because that information would indicate that the employment could

22 endanger the health or welfare of a child or children. Upon the discovery of any disqualifying

23 information with respect to a proposed operator, the Rhode Island bureau of criminal identification

24 will inform the director of the department of human services or the department of children, youth

25 and families, in writing, of the nature of the disqualifying information.

26 40-13.2-5. Criminal-records check – Employees of child day care, day care centers,

27 family day care homes, group family day care homes, child placing agencies and residential

28 child-care facilities which must be licensed by the department.

29 (a) Any person seeking employment in a “child day care” program, a “family day care

30 home”, “group family day care home”, or in a “child day care center” as defined in section 42-12.5-

31 2 of the general laws, if that employment involves supervisory or disciplinary power over a child

32 or children or involves routine contact with a child or children without the presence of other

33 employees~~, in any facility that is, or is required to be, licensed or registered with the department,~~,

34 or any adult household member of any operator of a “family day-care home” and “group family

1 day-care home,”, or seeking that employment or to volunteer at the training school for youth, shall,

2 after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of

3 criminal identification of the state police or the local police department, or the office of the attorney

4 general, or the department of children, youth and families, for a nationwide, criminal-records check.

5 The check will conform to applicable federal standards including the taking of fingerprints to

6 identify the applicant. Further, any person seeking employment in a “child day care” program, in a

7 “child day care center”, and/or in a “child day care provider” as defined in section 42-12.5-2 of the

8 general laws, if that employment involves supervisory or disciplinary power over a child or children

9 or involves routine contact with a child or children without the presence of other employees shall

10 apply to the bureau of criminal identification of the state police or the local police department or

11 the office of the attorney general to conduct all necessary criminal background checks as required

12 by the Child Care and Development Block Grant of 2014 (CCDBGA), Pub. L. 113-186. The

13 criminal record checks as required by this section shall be conducted for every five (5) years of

14 continuous child care employment from the date of the previous criminal background check.

15 (b) Any person seeking employment in a “child placing agency” as defined in section 42-

16 72.1-2 of the general laws, if that employment involves supervisory or disciplinary power over a

17 child or children or involves routine contact with a child or children without the presence of other

18 employees, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply

19 to the bureau of criminal identification of the state police or the local police department, or the

20 office of the attorney general or the department of children, youth and families, for a nationwide,

21 criminal-records check. The check will conform to applicable federal standards including the taking

22 of fingerprints to identify the applicant.

23 (c) Any person seeking employment in a “child caring agency”, “children’s behavioral

24 health program”, or in a “foster and adoptive home” as defined in section 42-72.1-2 of the general

25 laws, that is, or is required to be, licensed or registered with the department of children, youth and

26 families, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to

27 the bureau of criminal identification of the state police or the local police department, or the office

28 of the attorney general, or the department of children, youth and families, for a nationwide,

29 criminal-records check. The check will conform to applicable federal standards including the taking

30 of fingerprints to identify the applicant.

31 ~~(b)~~(d) Upon the discovery of any disqualifying information as defined in accordance with

32 the rule promulgated by the director, the bureau of criminal identification of the state police or the

33 local police department or the office of the attorney general or the department of children, youth

34 and families will inform the applicant, in writing, of the nature of the disqualifying information. In

1 addition, the bureau of criminal identification of the state police or the office of the attorney general,

2 or department of children, youth and families, or the local police department will inform the

3 relevant employer, in writing, without disclosing the nature of the disqualifying information, that

4 an item of disqualifying information has been discovered.

5 (e)~~(c)~~ In those situations in which no disqualifying information has been found, the bureau

6 of criminal identification of the state police or the local police department or the office of the

7 attorney general, or the department of children, youth and families will inform both the applicant

8 and the employer, in writing, ~~of this fact~~ that no disqualifying information has been found.

9 ~~(d) The employer will maintain on file, subject to inspection by the department, evidence~~

10 ~~that criminal-records checks have been initiated on all employees seeking employment after August~~

11 ~~1, 1985, and the results of the checks.~~

12 (f)~~(e)~~ Failure to ~~maintain that evidence on file~~ show proof that the employer has initiated

13 requests for background checks required by this section will be prima facie grounds to revoke the

14 license or registration of the operator of the facility.

15 (g)~~or(f)~~ It will be the responsibility of the bureau of criminal identification of the state

16 police or the office of the attorney general, or the local police department, or the department of

17 children, youth and families, to conduct the nationwide, criminal-records check pursuant to this

18 section. The nationwide, criminal-records check will be provided to the applicant for employment

19 ~~without charge~~. Any expense associated for providing the criminal-records check shall be paid by

20 the applicant and/or the requesting agency.

21 SECTION 9. Section 42-56-10 of the General Laws in Chapter 42-56 entitled "Corrections

22 Department" is hereby amended to read as follows:

23 42-56-10. Powers of the director.

24 In addition to exercising the powers and performing the duties, which are otherwise given

25 to him or her by law, the director of the department of corrections shall:

26 (1) Designate, establish, maintain, and administer those state correctional facilities that he

27 or she deems necessary, and may discontinue the use of those state correctional facilities that he or

28 she deems appropriate for that action;

29 (2) Maintain security, safety, and order at all state correctional facilities, utilize the

30 resources of the department to prevent escapes from any state correctional facility, take all

31 necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of

32 any state correctional facility, including, but not limited to, the development, planning, and