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     ARTICLE 2

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RELATING TO STATE FUNDS

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     SECTION 1. Section 24-18-7 of the General Laws in Chapter 24-18 entitled "Municipal

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Road and Bridge Revolving Fund” is hereby amended to read as follows:

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     24-18-7. Procedure for project approval.

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     (a) By September 1, 2013, the department shall promulgate rules and regulations

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establishing the project evaluation criteria and the process through which a city or town may submit

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an infrastructure plan. By December 31, 2013, the agency shall promulgate rules and regulations

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to effectuate the provisions of this chapter which may include, without limitation, forms for

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financial assistance applications, loan agreements, and other instruments. All rules and regulations

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promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of

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chapter 35 of title 42.

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     (b) Cities and towns shall submit infrastructure plans to the department in accordance with

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the department’s rules and regulations promulgated pursuant to subsection (a) of this section.

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     (c) The department shall evaluate all submitted infrastructure plans and, in accordance with

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the project evaluation criteria, identify all eligible projects, and after a public hearing, the

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department shall finalize and provide the agency and statewide planning with a project priority list.

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The agency shall not award financial assistance to any project not listed on the project priority list

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other than as set forth in subsection (f) herein.

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     (d) The agency shall not obligate more than fifty percent (50%) of available funding in any

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calendar year to any one city or town unless there are no other eligible projects on the project

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priority list.

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     (e) Upon issuance of the project priority list, the agency shall award financial assistance to

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cities and towns for approved projects. The agency may decline to award financial assistance to an

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approved project that the agency determines will have a substantial adverse effect on the interests

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of holders of bonds or other indebtedness of the agency or the interests of other participants in the

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financial assistance program, or for good and sufficient cause affecting the finances of the agency.

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All financial assistance shall be made pursuant to a loan agreement between the agency and the city

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or town, acting by and through the officer or officers, board, committee, or other body authorized

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by law, or otherwise its chief executive officer, according to terms and conditions as determined

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by the agency, and each loan shall be evidenced and secured by the issue to the agency of city or

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town obligations in fully marketable form in principal amount, bearing interest at the rate or rates

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specified in the applicable loan agreement, and shall otherwise bear such terms and conditions as

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authorized by this chapter and/or the loan agreement.

 

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     (f) Notwithstanding any other provision of this chapter, the agency may provide financial

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assistance for an approved project without the necessity of the approved project being listed on a

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project priority list if the financial assistance for the approved project is to provide match to other

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federal, state, local or other funding for the approved project.

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     SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds”

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is hereby amended to read as follows:

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     35-4-27. Indirect cost recoveries on restricted receipt accounts. [Effective January 1,

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2025.]

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     Indirect cost recoveries of fifteen percent (15%) ten percent (10%) of cash receipts shall

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be transferred from all restricted receipt accounts, to be recorded as general revenues in the general

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fund. However, there shall be no transfer from cash receipts with restrictions received exclusively:

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(1) From contributions from nonprofit charitable organizations; (2) From the assessment of indirect

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cost-recovery rates on federal grant funds; or (3) Through transfers from state agencies to the

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department of administration for the payment of debt service. These indirect cost recoveries shall

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be applied to all accounts, unless prohibited by federal law or regulation, court order, or court

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settlement. The following restricted receipt accounts shall not be subject to the provisions of this

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section:

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     Executive Office of Health and Human Services

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     Organ Transplant Fund

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     HIV Care Grant Drug Rebates

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     Health System Transformation Project

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     Rhode Island Statewide Opioid Abatement Account

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     HCBS Support-ARPA

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     HCBS Admin Support-ARPA

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     Department of Human Services

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     Veterans’ home — Restricted account

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     Veterans’ home — Resident benefits

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     Pharmaceutical Rebates Account

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     Demand Side Management Grants

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     Veteran’s Cemetery Memorial Fund

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     Donations — New Veterans’ Home Construction

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     Commodity Supplemental Food Program-Claims

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     Department of Health

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     Pandemic medications and equipment account

 

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     Miscellaneous Donations/Grants from Non-Profits

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     State Loan Repayment Match

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     Healthcare Information Technology

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     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

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     Eleanor Slater non-Medicaid third-party payor account

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     Hospital Medicare Part D Receipts

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     RICLAS Group Home Operations

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     Group Home Facility Improvement Fund

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     Commission on the Deaf and Hard of Hearing

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     Emergency and public communication access account

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     Department of Environmental Management

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     National heritage revolving fund

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     Environmental response fund II

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     Underground storage tanks registration fees

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     De Coppet Estate Fund

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     Rhode Island Historical Preservation and Heritage Commission

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     Historic preservation revolving loan fund

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     Historic Preservation loan fund — Interest revenue

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     Department of Public Safety

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     E-911 Uniform Emergency Telephone System

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     Forfeited property — Retained

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     Forfeitures — Federal

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     Forfeited property — Gambling

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     Donation — Polygraph and Law Enforcement Training

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     Rhode Island State Firefighter’s League Training Account

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     Fire Academy Training Fees Account

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     Attorney General

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     Forfeiture of property

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     Federal forfeitures

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     Attorney General multi-state account

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     Forfeited property — Gambling

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     Department of Administration

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     OER Reconciliation Funding

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     Health Insurance Market Integrity Fund

 

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     RI Health Benefits Exchange

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     Information Technology restricted receipt account

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     Restore and replacement — Insurance coverage

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     Convention Center Authority rental payments

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     Investment Receipts — TANS

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     OPEB System Restricted Receipt Account

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     Car Rental Tax/Surcharge-Warwick Share

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     Grants Management Administration

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     RGGI-Executive Climate Change Coordinating Council Projects

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     Electric Vehicle Charging Stations Operating and Maintenance Account

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     Office of Energy Resources

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     OER Reconciliation Funding

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     RGGI Executive Climate Change Coordinating Council Projects

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     Electric Vehicle Charging Stations Operating and Maintenance Account

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     Clean Transportation Programs

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     Department of Housing

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     Housing Resources and Homelessness Restricted Receipt Account

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     Housing Production Fund

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     Low-Income Housing Tax Credit Fund

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     Department of Revenue

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     DMV Modernization Project

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     Jobs Tax Credit Redemption Fund

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     Legislature

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     Audit of federal assisted programs

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     Department of Children, Youth and Families

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     Children’s Trust Accounts — SSI

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     Military Staff

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     RI Military Family Relief Fund

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     RI National Guard Counterdrug Program

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     Treasury

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     Admin. Expenses — State Retirement System

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     Retirement — Treasury Investment Options

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     Defined Contribution — Administration - RR

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     Violent Crimes Compensation — Refunds

 

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     Treasury Research Fellowship

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     Business Regulation

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     Banking Division Reimbursement Account

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     Office of the Health Insurance Commissioner Reimbursement Account

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     Securities Division Reimbursement Account

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     Commercial Licensing and Racing and Athletics Division Reimbursement Account

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     Insurance Division Reimbursement Account

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     Historic Preservation Tax Credit Account

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     Rhode Island Cannabis Control Commission

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     Marijuana Trust Fund

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     Social Equity Assistance Fund

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     Judiciary

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     Arbitration Fund Restricted Receipt Account

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     Third-Party Grants

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     RI Judiciary Technology Surcharge Account

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     Department of Elementary and Secondary Education

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     Statewide Student Transportation Services Account

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     School for the Deaf Fee-for-Service Account

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     School for the Deaf — School Breakfast and Lunch Program

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     Davies Career and Technical School Local Education Aid Account

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     Davies — National School Breakfast & Lunch Program

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     School Construction Services

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     Office of the Postsecondary Commissioner

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     Higher Education and Industry Center

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     IGT STEM Scholarships

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     Department of Labor and Training

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     Job Development Fund

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     Contractor Training Restricted Receipt Account

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     Rhode Island Council on the Arts

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     Governors’ Portrait Donation Fund

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     Statewide records management system account

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     SECTION 3. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and

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Control” is hereby amended to read as follows:

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     35-6-1. Controller — Duties in general.

 

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     (a) Within the department of administration there shall be a controller who shall be

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appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall

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be responsible for accounting and expenditure control and shall be required to:

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     (1) Administer a comprehensive accounting and recording system that will classify the

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transactions of the state departments and agencies in accordance with the budget plan;

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     (2) Maintain control accounts for all supplies, materials, and equipment for all

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departments and agencies except as otherwise provided by law;

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     (3) Prescribe a financial, accounting, and cost accounting system for state departments

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and agencies;

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     (4) Identify federal grant-funding opportunities to support the governor’s and general

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assembly’s major policy initiatives and provide technical assistance with the application process

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and post-award grants management;

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     (5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse

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for the application of federal grants;

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     (6) Pre-audit all state receipts and expenditures;

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     (7) Prepare financial statements required by the several departments and agencies, by the

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governor, or by the general assembly;

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     (8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of all

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expenditures under authority of the legislative department and the judicial department by the state

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controller shall be purely ministerial, concerned only with the legality of the expenditure and

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availability of the funds, and in no event shall the state controller interpose his or her judgment

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regarding the wisdom or expediency of any item or items of expenditure;

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     (9) Prepare and timely file, on behalf of the state, any and all reports required by the

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United States, including, but not limited to, the Internal Revenue Service, or required by any

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department or agency of the state, with respect to the state payroll; and

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     (10) Prepare a preliminary closing statement for each fiscal year. The controller shall

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forward the statement to the chairpersons of the house finance committee and the senate finance

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committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by

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September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment

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of the appropriations act, whichever is later. The report shall include but is not limited to:

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     (i) A report of all revenues received by the state in the completed fiscal year, together

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with the estimates adopted for that year as contained in the final enacted budget, and together

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with all deviations between estimated revenues and actual collections. The report shall also

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include cash collections and accrual adjustments;

 

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     (ii) A comparison of actual expenditures with each of the actual appropriations, including

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supplemental appropriations and other adjustments provided for in the Rhode Island general laws;

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     (iii) A statement of the opening and closing surplus in the general revenue account; and

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     (iv) A statement of the opening surplus, activity, and closing surplus in the state budget

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reserve and cash stabilization account and the state bond capital fund.

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     (b) The controller shall provide supporting information on revenues, expenditures, capital

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projects, and debt service upon request of the house finance committee chairperson, senate

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finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.

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     (c) Upon issuance of the audited annual financial statement, the controller shall provide a

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report of the differences between the preliminary financial report and the final report as contained

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in the audited annual financial statement.

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     (d) The controller shall create a special fund not part of the general fund and shall deposit

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amounts equivalent to all deferred contributions under this act into that fund. Any amounts

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remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall

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transfer such amounts into the retirement system as appropriate.

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     (e) Upon issuance of the audited financial statement, the controller shall transfer fifty

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percent (50%) of all general revenues received in the completed fiscal year net of transfer to the

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state budget reserve and cash stabilization account as required by § 35-3-20 in excess of those

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estimates adopted for that year as contained in the final enacted budget to the employees’

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retirement system of the state of Rhode Island as defined in § 36-8-2 and fifty percent (50%) to

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the supplemental state budget reserve account as defined in § 35-3-20.2, except that excess

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revenues from fiscal year 2023 shall not be transferred to the supplemental state budget reserve

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account. and that excess revenues from fiscal year 2024 shall not be transferred to the employees’

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retirement system of the state of Rhode Island and the supplemental state budget reserve account.

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     (f) The controller shall implement a direct deposit payroll system for state employees.

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     (1) There shall be no service charge of any type paid by the state employee at any time

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which shall decrease the net amount of the employee’s salary deposited to the financial institution

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of the personal choice of the employee as a result of the use of direct deposit.

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     (2) Employees hired after September 30, 2014, shall participate in the direct deposit

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system. At the time the employee is hired, the employee shall identify a financial institution that

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will serve as a personal depository agent for the employee.

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     (3) No later than June 30, 2016, each employee hired before September 30, 2014, who is

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not a participant in the direct deposit system, shall identify a financial institution that will serve as

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a personal depository agent for the employee.

 

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     (4) The controller shall promulgate rules and regulations as necessary for implementation

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and administration of the direct deposit system, which shall include limited exceptions to required

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participation.

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     (g) The controller shall oversee the office of risk management (§ 37-11-1 et seq.)

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     SECTION 4. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled

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“Department of Behavioral Healthcare, Developmental Disabilities and Hospitals” is hereby

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amended to read as follows:

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     40.1-1-13. Powers and duties of the office.

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     Notwithstanding any provision of the Rhode Island general laws to the contrary, the

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department of behavioral healthcare, developmental disabilities and hospitals shall have the

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following powers and duties:

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     (1) To establish and promulgate the overall plans, policies, objectives, and priorities for

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state substance abuse education, prevention, and treatment; provided, however, that the director

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shall obtain and consider input from all interested state departments and agencies prior to the

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promulgation of any such plans or policies;

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     (2) Evaluate and monitor all state grants and contracts to local substance abuse service

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providers;

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     (3) Develop, provide for, and coordinate the implementation of a comprehensive state plan

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for substance abuse education, prevention, and treatment;

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     (4) Ensure the collection, analysis, and dissemination of information for planning and

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evaluation of substance abuse services;

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     (5) Provide support, guidance, and technical assistance to individuals, local governments,

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community service providers, public and private organizations in their substance abuse education,

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prevention, and treatment activities;

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     (6) Confer with all interested department directors to coordinate the administration of state

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programs and policies that directly affect substance abuse treatment and prevention;

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     (7) Seek and receive funds from the federal government and private sources in order to

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further the purposes of this chapter;

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     (8) To act in conjunction with the executive office of health and human services as the

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state’s co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the

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purposes of the calculation of the expenditures relative to the substance abuse block grant and

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federal funding maintenance of effort. The department of behavioral healthcare, developmental

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disabilities and hospitals, as the state’s substance abuse authority, will have the sole responsibility

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for the planning, policy and implementation efforts as it relates to the requirements set forth in

 

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pertinent substance abuse laws and regulations including 42 U.S.C. § 300x-21 et seq.;

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     (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving

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insurance and managed care systems for substance abuse services in Rhode Island;

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     (10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual

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relationships and memoranda of agreement as necessary for the purposes of this chapter;

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     (11) To license facilities and programs for the care and treatment of substance abusers and

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for the prevention of substance abuse, and provide the list of licensed chemical dependency

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professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed

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by the department of health pursuant to chapter 69 of title 5) for use by state agencies including,

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but not limited to, the adjudication office of the department of transportation, the district court and

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superior court and the division of probation and parole for referral of individuals requiring

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substance use disorder treatment;

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     (12) To promulgate rules and regulations necessary to carry out the requirements of this

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chapter;

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     (13) Perform other acts and exercise any other powers necessary or convenient to carry out

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the intent and purposes of this chapter;

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     (14) To exercise the authority and responsibilities relating to education, prevention, and

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treatment of substance abuse, as contained in, but not limited to, the following chapters: chapters

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1.10, 10.1, and 28.2 of title 23; chapters 21.2 and 21.3 of title 16; chapter 50.1 of title 42 [repealed];

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chapter 109 of title 42; chapter 69 of title 5; and § 35-4-18;

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     (15) To establish a Medicare Part D restricted-receipt account in the hospitals and

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community rehabilitation services program and the Rhode Island state psychiatric hospital program

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to receive and expend Medicare Part D reimbursements from pharmacy benefit providers consistent

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with the purposes of this chapter;

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     (16) To establish a RICLAS group home operations restricted-receipt account in the

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services for the developmentally disabled program to receive and expend rental income from

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RICLAS group clients for group home-related expenditures, including food, utilities, community

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activities, and the maintenance of group homes;

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     (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the

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hospitals and community rehabilitation services program to receive and expend reimbursement

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from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid

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eligible; and

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     (18) To certify any and all recovery housing facilities directly, or through a contracted

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entity, as defined by department guidelines, which includes adherence to using National Alliance

 

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for Recovery Residences (NARR) standards. In accordance with a schedule to be determined by

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the department, all referrals from state agencies or state-funded facilities shall be to certified

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houses, and only certified recovery housing facilities shall be eligible to receive state funding to

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deliver recovery housing services. As of January 1, 2027, all recovery housing facilities shall be

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registered with the department and shall adhere to the NARR certification process.

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     SECTION 5. Section 45-12-33 of the General Laws in Chapter 45-12 entitled

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"Indebtedness of Towns and Cities” is hereby amended to read as follows:

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     45-12-33. Borrowing for road and bridge, infrastructure, and school building

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projects.

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     (a)(1) In addition to other authority previously granted, during calendar year 2014 a city

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or town may authorize the issuance of bonds, notes, or other evidences of indebtedness to

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evidence loans from the municipal road and bridge revolving fund administered by the Rhode

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Island clean water finance agency Rhode Island infrastructure bank in accordance with chapter 18

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of title 24. Beginning July 1, 2025, and thereafter, a city or town may authorize the issuance of

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bonds, notes, or other evidences of indebtedness to evidence loans from the municipal road and

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bridge revolving fund administered by the Rhode Island infrastructure bank in accordance with

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chapter 18 of title 24 to provide a match to other federal, state, local or other funding for an

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approved project from the municipal road and bridge revolving fund.

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     (2) In addition to other authority previously granted, from July 1, 2015 to June 30, 2016,

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a city or town may authorize the issuance of bonds, notes, or other evidences of indebtedness to

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evidence loans from the efficient buildings fund administered by the Rhode Island clean water

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finance agency infrastructure bank in accordance with chapter 12.2 of title 46 or the school

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building authority capital fund administered by the Rhode Island health and educational building

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corporation in accordance with chapter 38.2 of this title.

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     (b) These bonds, notes, or other evidences of indebtedness are subject to the maximum

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aggregate indebtedness permitted to be issued by any city or town under § 45-12-2.

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     (c) The denominations, maturities, interest rates, methods of sale, and other terms,

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conditions, and details of any bonds or notes issued under the provisions of this section may be

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fixed by resolution of the city or town council authorizing them, or if no provision is made in the

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resolution, by the treasurer or other officer authorized to issue the bonds, notes or evidences of

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indebtedness; provided, that the payment of principal shall be by sufficient annual payments that

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will extinguish the debt at maturity, the first of these annual payments to be made not later than

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three (3) years, and the last payment not later than twenty (20) years after the date of the bonds.

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     The bonds, notes, or other evidences of indebtedness may be issued under this section by

 

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any political subdivision without obtaining the approval of its electors, notwithstanding the

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provisions of §§ 45-12-19 and 45-12-20 and notwithstanding any provision of its charter to the

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contrary.

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SECTION 6. This article shall take effect upon passage.

 

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