2025 -- H 5076 | |
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LC000670 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL | |
YEAR ENDING JUNE 30, 2026 | |
| |
Introduced By: Representative Marvin L. Abney | |
Date Introduced: January 16, 2025 | |
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 2026 |
2 | ARTICLE 2 RELATING TO STATE FUNDS |
3 | ARTICLE 3 RELATING TO GOVERNMENT REFORM AND REORGANIZATION |
4 | ARTICLE 4 RELATING TO DEBT MANAGEMENT ACT CONCURRENT RESOLUTION |
5 | ARTICLE 5 RELATING TO TAXES AND FEES |
6 | ARTICLE 6 RELATING TO ECONOMIC DEVELOPMENT |
7 | ARTICLE 7 RELATING TO EDUCATION |
8 | ARTICLE 8 RELATING TO MEDICAL ASSISTANCE |
9 | ARTICLE 9 RELATING TO LEASES |
10 | ARTICLE 10 RELATING TO HEALTH AND HUMAN SERVICES |
11 | ARTICLE 11 RELATING TO ASSAULT WEAPONS |
12 | ARTICLE 12 RELATING TO EFFECTIVE DATE |
| |
1 | ARTICLE 1 |
2 | RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2026 |
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, 2026. |
6 | The amounts identified for federal funds and restricted receipts shall be made available pursuant to |
7 | § 35-4-22 and chapter 41 of title 42. For the purposes and functions hereinafter mentioned, the state |
8 | controller is hereby authorized and directed to draw the state controller’s orders upon the general |
9 | treasurer for the payment of such sums or such portions thereof as may be required from time to |
10 | time upon receipt by the state controller of properly authenticated vouchers. |
11 | Administration |
12 | Central Management |
13 | General Revenues 4,359,358 |
14 | Federal Funds |
15 | Federal Funds 33,000,000 |
16 | Restricted Receipts 193,701 |
17 | Total - Central Management 37,553,059 |
18 | Legal Services |
19 | General Revenues 2,872,990 |
20 | Accounts and Control |
21 | General Revenues 5,804,845 |
22 | Restricted Receipts - OPEB Board Administration 150,959 |
23 | Restricted Receipts - Grants Management Administration 2,540,109 |
24 | Total - Accounts and Control 8,495,913 |
25 | Office of Management and Budget |
26 | General Revenues 11,000,012 |
27 | Federal Funds |
28 | Federal Funds 151,689 |
29 | Federal Funds – Capital Projects Fund |
30 | CPF Administration 530,582 |
31 | Federal Funds – State Fiscal Recovery Fund |
32 | Pandemic Recovery Office 1,436,547 |
33 | Restricted Receipts 300,000 |
34 | Other Funds 1,242,011 |
| LC000670 - Page 2 of 270 |
1 | Total - Office of Management and Budget 14,660,841 |
2 | Purchasing |
3 | General Revenues 4,008,986 |
4 | Restricted Receipts 1,262,987 |
5 | Other Funds 636,500 |
6 | Total - Purchasing 5,908,473 |
7 | Human Resources |
8 | General Revenues 889,580 |
9 | Personnel Appeal Board |
10 | General Revenues 160,838 |
11 | Information Technology |
12 | General Revenues 1,838,147 |
13 | Restricted Receipts 1,162,424 |
14 | Total - Information Technology 3,000,571 |
15 | Library and Information Services |
16 | General Revenues 2,143,053 |
17 | Federal Funds 1,617,500 |
18 | Restricted Receipts 6,990 |
19 | Total - Library and Information Services 3,767,543 |
20 | Planning |
21 | General Revenues 1,222,229 |
22 | Federal Funds 3,050 |
23 | Restricted Receipts 50,000 |
24 | Other Funds |
25 | Air Quality Modeling 24,000 |
26 | Federal Highway - PL Systems Planning 3,821,438 |
27 | State Transportation Planning Match 504,926 |
28 | FTA - Metro Planning Grant 1,525,830 |
29 | Total - Planning 7,151,473 |
30 | General |
31 | General Revenues |
32 | Miscellaneous Grants/Payments 811,678 |
33 | Torts Court Awards 1,750,000 |
34 | Wrongful Conviction Awards 1,000,000 |
| LC000670 - Page 3 of 270 |
1 | Resource Sharing and State Library Aid 11,855,428 |
2 | Library Construction Aid 2,115,628 |
3 | Restricted Receipts 1,113,557 |
4 | Other Funds |
5 | Rhode Island Capital Plan Funds |
6 | Security Measures State Buildings 700,000 |
7 | Cranston Street Armory 600,000 |
8 | State House Renovations 1,759,000 |
9 | Zambarano Buildings and Campus 2,850,000 |
10 | Replacement of Fueling Tanks 430,000 |
11 | Environmental Compliance 225,000 |
12 | Big River Management Area 797,000 |
13 | Shepard Building Upgrades 2,805,000 |
14 | RI Convention Center Authority 2,800,000 |
15 | Pastore Center Power Plant 2,000,000 |
16 | DoIT Enterprise Operations Center 2,050,000 |
17 | Cannon Building 1,050,000 |
18 | Old State House 600,000 |
19 | State Office Building 500,000 |
20 | State Office Reorganization & Relocation 1,750,000 |
21 | William Powers Building 2,500,000 |
22 | Pastore Center Non-Hospital Buildings Asset Protection 7,750,000 |
23 | Washington County Government Center 600,000 |
24 | Chapin Health Laboratory 350,000 |
25 | 560 Jefferson Blvd Asset Protection 50,000 |
26 | Arrigan Center 200,000 |
27 | Civic Center 3,800,000 |
28 | Veterans Auditorium 380,000 |
29 | Pastore Center Hospital Buildings Asset Protection 1,000,000 |
30 | Pastore Campus Infrastructure 15,000,000 |
31 | Community Facilities Asset Protection 225,000 |
32 | Zambarano LTAC Hospital 26,065,740 |
33 | Medical Examiners - New Facility 50,000 |
34 | Group Home Replacement & Rehabilitation 5,000,000 |
| LC000670 - Page 4 of 270 |
1 | Expo Center 500,000 |
2 | Group Homes Consolidation 5,350,000 |
3 | State Office Property Acquisition 31,000,000 |
4 | Total - General 139,383,031 |
5 | Debt Service Payments |
6 | General Revenues 178,801,286 |
7 | Other Funds |
8 | Transportation Debt Service 32,982,697 |
9 | Investment Receipts - Bond Funds 100,000 |
10 | Total - Debt Service Payments 211,883,983 |
11 | Rhode Island Health Benefits Exchange |
12 | General Revenues 1,889,227 |
13 | Federal Funds 10,758,473 |
14 | Restricted Receipts 17,298,973 |
15 | Total - Rhode Island Health Benefits Exchange 29,946,673 |
16 | Division of Equity, Diversity & Inclusion |
17 | General Revenues 2,308,469 |
18 | Other Funds 108,978 |
19 | Total - Division of Equity, Diversity & Inclusion 2,417,447 |
20 | Capital Asset Management and Maintenance |
21 | General Revenues 8,985,340 |
22 | Statewide Personnel and Operations |
23 | Contract Reserve |
24 | General Revenues 18,959,345 |
25 | Federal Funds 1,049,581 |
26 | Restricted Receipts 243,816 |
27 | Other Funds 389,706 |
28 | Total - Statewide Personnel and Operations 20,642,448 |
29 | Grand Total - Administration 497,720,203 |
30 | Office of Energy Resources |
31 | Federal Funds 31,842,712 |
32 | Restricted Receipts 39,258,984 |
33 | Other Funds 4,668,785 |
34 | Rhode Island Capital Plan Funds |
| LC000670 - Page 5 of 270 |
1 | Energy Efficiency 1,000,000 |
2 | Grand Total - Energy Resources 76,770,481 |
3 | Business Regulation |
4 | Central Management |
5 | General Revenues 4,360,810 |
6 | Restricted Receipts 39,014 |
7 | Total - Central Management 4,399,824 |
8 | Banking Regulation |
9 | General Revenues 2,107,972 |
10 | Restricted Receipts 50,000 |
11 | Total - Banking Regulation 2,157,972 |
12 | Securities Regulation |
13 | General Revenues 1,000,863 |
14 | Insurance Regulation |
15 | General Revenues 5,125,539 |
16 | Restricted Receipts 1,617,538 |
17 | Total - Insurance Regulation 6,743,077 |
18 | Office of the Health Insurance Commissioner |
19 | General Revenues 3,131,152 |
20 | Federal Funds 239,300 |
21 | Restricted Receipts 603,592 |
22 | Total - Office of the Health Insurance Commissioner 3,974,044 |
23 | Board of Accountancy |
24 | General Revenues 5,490 |
25 | Commercial Licensing and Gaming and Athletics Licensing |
26 | General Revenues 1,268,739 |
27 | Restricted Receipts 1,045,518 |
28 | Total - Commercial Licensing and Gaming and Athletics Licensing 2,314,320 |
29 | Building, Design and Fire Professionals |
30 | General Revenues 8,593,216 |
31 | Federal Funds 346,788 |
32 | Restricted Receipts 2,130,377 |
33 | Other Funds |
34 | Quonset Development Corporation 52,983 |
| LC000670 - Page 6 of 270 |
1 | Rhode Island Capital Plan Funds |
2 | Fire Academy Expansion 3,375,000 |
3 | Total - Building, Design and Fire Professionals 14,498,364 |
4 | Grand Total - Business Regulation 35,093,954 |
5 | RI Cannabis Control Commission |
6 | Restricted Receipts 7,556,626 |
7 | Executive Office of Commerce |
8 | Central Management |
9 | General Revenues 2,369,982 |
10 | Quasi-Public Appropriations |
11 | General Revenues |
12 | Rhode Island Commerce Corporation 8,506,041 |
13 | Airport Impact Aid 1,010,036 |
14 | Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be |
15 | distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the |
16 | total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%) |
17 | of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2025 |
18 | at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport, |
19 | T.F. Green International Airport and Westerly Airport, respectively. The Rhode Island commerce |
20 | corporation shall make an impact payment to the towns or cities in which the airport is located |
21 | based on this calculation. Each community upon which any part of the above airports is located |
22 | shall receive at least $25,000. |
23 | STAC Research Alliance 900,000 |
24 | Innovative Matching Grants/Internships 1,000,000 |
25 | I-195 Redevelopment District Commission 1,245,050 |
26 | Polaris Manufacturing Grant 500,000 |
27 | East Providence Waterfront Commission 50,000 |
28 | Urban Ventures 140,000 |
29 | Chafee Center at Bryant 476,200 |
30 | Blackstone Valley Visitor Center 75,000 |
31 | Industrial Recreational Building Authority Obligations 105,094 |
32 | Other Funds |
33 | Rhode Island Capital Plan Funds |
34 | I-195 Redevelopment District Commission 700,000 |
| LC000670 - Page 7 of 270 |
1 | I-195 Park Improvements 100,000 |
2 | Quonset Infrastructure 2,500,000 |
3 | PFAS Mitigation at Quonset Business Park 1,000,000 |
4 | Total - Quasi-Public Appropriations 18,307,421 |
5 | Economic Development Initiatives Fund |
6 | General Revenues |
7 | Rebuild RI Tax Credit Fund 10,085,000 |
8 | Destination Marketing 1,400,000 |
9 | RI Innovation Ecosystem 250,000 |
10 | Federal Funds 20,000,000 |
11 | Total - Economic Development Initiatives Fund 31,735,000 |
12 | Commerce Programs |
13 | General Revenues |
14 | Wavemaker Fellowship 1,016,621 |
15 | Air Service Development Fund 2,728,800 |
16 | Total - Commerce Programs 3,745,421 |
17 | Grand Total - Executive Office of Commerce 56,157,824 |
18 | Housing |
19 | General Revenues 10,719,465 |
20 | Federal Funds 15,096,037 |
21 | Restricted Receipts 17,083,231 |
22 | Grand Total - Housing 42,898,733 |
23 | Labor and Training |
24 | Central Management |
25 | General Revenues 1,661,890 |
26 | Restricted Receipts 488,494 |
27 | Total - Central Management 2,150,384 |
28 | Workforce Development Services |
29 | General Revenues 1,078,758 |
30 | Provided that $200,000 of this amount is used to support Year Up. |
31 | Federal Funds 19,112,629 |
32 | Total - Workforce Development Services 20,191,387 |
33 | Workforce Regulation and Safety |
34 | General Revenues 5,347,291 |
| LC000670 - Page 8 of 270 |
1 | Income Support |
2 | General Revenues 3,684,566 |
3 | Federal Funds 22,883,898 |
4 | Restricted Receipts 4,635,586 |
5 | Other Funds |
6 | Temporary Disability Insurance Fund 287,480,146 |
7 | Employment Security Fund 249,200,000 |
8 | Total - Income Support 567,884,196 |
9 | Injured Workers Services |
10 | Restricted Receipts 11,233,092 |
11 | Labor Relations Board |
12 | General Revenues 556,737 |
13 | Governor’s Workforce Board |
14 | General Revenues 8,050,000 |
15 | Provided that $600,000 of these funds shall be used for enhanced training for direct care |
16 | and support services staff to improve resident quality of care and address the changing health care |
17 | needs of nursing facility residents due to higher acuity and increased cognitive impairments |
18 | pursuant to § 23-17.5-36. |
19 | Restricted Receipts 21,604,596 |
20 | Total - Governor’s Workforce Board 29,654,596 |
21 | Grand Total - Labor and Training 637,017,683 |
22 | Department of Revenue |
23 | Director of Revenue |
24 | General Revenues 3,168,518 |
25 | Office of Revenue Analysis |
26 | General Revenues 1,173,041 |
27 | Lottery Division |
28 | Other Funds 448,042,227 |
29 | Municipal Finance |
30 | General Revenues 2,045,839 |
31 | Taxation |
32 | General Revenues 38,081,490 |
33 | Restricted Receipts 4,660,479 |
34 | Other Funds |
| LC000670 - Page 9 of 270 |
1 | Motor Fuel Tax Evasion 175,000 |
2 | Total - Taxation 42,916,969 |
3 | Registry of Motor Vehicles |
4 | General Revenues 35,374,576 |
5 | Federal Funds 493,061 |
6 | Restricted Receipts 5,429,330 |
7 | Total - Registry of Motor Vehicles 41,296,967 |
8 | State Aid |
9 | General Revenues |
10 | Distressed Communities Relief Fund 12,384,458 |
11 | Payment in Lieu of Tax Exempt Properties 49,201,412 |
12 | Motor Vehicle Excise Tax Payments 234,853,173 |
13 | Property Revaluation Program 712,390 |
14 | Tangible Tax Exemption Program 25,903,228 |
15 | Restricted Receipts 995,120 |
16 | Total - State Aid 324,049,781 |
17 | Collections |
18 | General Revenues 994,263 |
19 | Grand Total - Revenue 863,687,605 |
20 | Legislature |
21 | General Revenues 58,734,623 |
22 | Restricted Receipts 2,690,297 |
23 | Grand Total - Legislature 61,424,920 |
24 | Lieutenant Governor |
25 | General Revenues 1,519,219 |
26 | Secretary of State |
27 | Administration |
28 | General Revenues 5,975,167 |
29 | Provided that $100,000 be allocated to support the Rhode Island Council for the |
30 | Humanities for grant making to civic and cultural organizations, and $50,000 to support Rhode |
31 | Island’s participation in the We the People Civics Challenge. |
32 | Corporations |
33 | General Revenues 2,913,879 |
34 | State Archives |
| LC000670 - Page 10 of 270 |
1 | General Revenues 356,659 |
2 | Restricted Receipts 404,790 |
3 | Total - State Archives 761,449 |
4 | Elections and Civics |
5 | General Revenues 1,357,040 |
6 | Federal Funds 2,000,000 |
7 | Total - Elections and Civics 3,357,040 |
8 | State Library |
9 | General Revenues 668,263 |
10 | Provided that $125,000 be allocated to support the Rhode Island Historical Society and |
11 | $18,000 be allocated to support the Newport Historical Society, pursuant to §§ 29-2-1 and 29-2-2, |
12 | and $25,000 be allocated to support the Rhode Island Black Heritage Society. |
13 | Office of Public Information |
14 | General Revenues 840,724 |
15 | Receipted Receipts 25,000 |
16 | Total - Office of Public Information 865,724 |
17 | Grand Total - Secretary of State 14,541,522 |
18 | General Treasurer |
19 | Treasury |
20 | General Revenues |
21 | General Revenues 3,665,773 |
22 | Federal Funds 365,134 |
23 | Other Funds |
24 | Temporary Disability Insurance Fund 246,415 |
25 | Tuition Savings Program - Administration 388,916 |
26 | Total -Treasury 4,666,238 |
27 | State Retirement System |
28 | Restricted Receipts |
29 | Admin Expenses - State Retirement System 13,193,967 |
30 | Retirement - Treasury Investment Operations 2,846,571 |
31 | Defined Contribution - Administration 277,654 |
32 | Total - State Retirement System 16,318,192 |
33 | Unclaimed Property |
34 | Restricted Receipts 3,338,043 |
| LC000670 - Page 11 of 270 |
1 | Crime Victim Compensation |
2 | General Revenues 934,450 |
3 | Federal Funds 467,993 |
4 | Restricted Receipts 250,000 |
5 | Total - Crime Victim Compensation 1,652,443 |
6 | Grand Total - General Treasurer 25,974,916 |
7 | Board of Elections |
8 | General Revenues 4,474,931 |
9 | Rhode Island Ethics Commission |
10 | General Revenues 2,419,632 |
11 | Office of Governor |
12 | General Revenues |
13 | General Revenues 9,184,918 |
14 | Contingency Fund 150,000 |
15 | Grand Total - Office of Governor 9,334,918 |
16 | Commission for Human Rights |
17 | General Revenues 2,249,158 |
18 | Federal Funds 523,529 |
19 | Grand Total - Commission for Human Rights 2,772,687 |
20 | Public Utilities Commission |
21 | Federal Funds 753,555 |
22 | Restricted Receipts 14,754,719 |
23 | Grand Total - Public Utilities Commission 15,508,274 |
24 | Office of Health and Human Services |
25 | Central Management |
26 | General Revenues 66,192,009 |
27 | Federal Funds |
28 | Federal Funds 206,795,238 |
29 | Federal Funds- State Fiscal Recovery Fund |
30 | Certified Community Behavioral Health Clinics 205,295 |
31 | Restricted Receipts 15,463,598 |
32 | Total - Central Management 288,656,140 |
33 | Medical Assistance |
34 | General Revenues |
| LC000670 - Page 12 of 270 |
1 | Managed Care 465,070,108 |
2 | Hospitals 125,666,740 |
3 | Nursing Facilities 197,392,148 |
4 | Home and Community Based Services 113,592,295 |
5 | Other Services 154,371,882 |
6 | Pharmacy 99,588,761 |
7 | Rhody Health 247,802,234 |
8 | Federal Funds |
9 | Managed Care 661,156,183 |
10 | Hospitals 269,959,756 |
11 | Nursing Facilities 263,757,847 |
12 | Home and Community Based Services 151,810,264 |
13 | Other Services 783,136,325 |
14 | Pharmacy 811,239 |
15 | Rhody Health 343,929,314 |
16 | Other Programs 26,978,394 |
17 | Restricted Receipts 8,422,060 |
18 | Total - Medical Assistance 3,913,445,550 |
19 | Grand Total - Office of Health and Human Services 4,202,101,690 |
20 | Children, Youth and Families |
21 | Central Management |
22 | General Revenues 18,147,159 |
23 | The director of the department of children, youth and families shall provide to the speaker |
24 | of the house and president of the senate at least every sixty (60) days beginning September 1, 2021, |
25 | a report on its progress implementing the accreditation plan filed in accordance with § 42-72-5.3 |
26 | and any projected changes needed to effectuate that plan. The report shall, at minimum, provide |
27 | data regarding recruitment and retention efforts including attaining and maintaining a diverse |
28 | workforce, documentation of newly filled and vacated positions, and progress towards reducing |
29 | worker caseloads. |
30 | Federal Funds 15,237,654 |
31 | Total - Central Management 33,384,813 |
32 | Children's Behavioral Health Services |
33 | General Revenues 7,464,500 |
34 | Federal Funds 8,912,238 |
| LC000670 - Page 13 of 270 |
1 | Total - Children's Behavioral Health Services 16,376,738 |
2 | Youth Development Services |
3 | General Revenues 24,822,021 |
4 | Federal Funds 247,931 |
5 | Restricted Receipts 1,500 |
6 | Other Funds |
7 | Rhode Island Capital Plan Funds |
8 | Training School Asset Protection 250,000 |
9 | Residential Treatment Facility 15,000,000 |
10 | Total - Youth Development Services 40,321,452 |
11 | Child Welfare |
12 | General Revenues 212,351,378 |
13 | Federal Funds 93,032,678 |
14 | Restricted Receipts 1,533,471 |
15 | Total - Child Welfare 306,917,527 |
16 | Higher Education Incentive Grants |
17 | General Revenues 200,000 |
18 | Provided that these funds and any unexpended or unencumbered previous years’ funding |
19 | are to be used exclusively to fund awards to eligible youth. |
20 | Grand Total - Children, Youth and Families 397,200,530 |
21 | Health |
22 | Central Management |
23 | General Revenues |
24 | General Revenues 2,588,732 |
25 | Of this amount, $50,000 is to support the Gloria Gemma Breast Cancer Resource |
26 | Foundation and the organization’s new survivorship and well-being center in Lincoln, RI. |
27 | Federal Funds 4,884,431 |
28 | Restricted Receipts 21,571,391 |
29 | Provided that the disbursement of any indirect cost recoveries on federal grants budgeted |
30 | in this line item that are derived from grants authorized under The Coronavirus Preparedness and |
31 | Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus |
32 | Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116- |
33 | 136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the |
34 | Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021 |
| LC000670 - Page 14 of 270 |
1 | (P.L. 117-2), are hereby subject to the review and prior approval of the director of management and |
2 | budget. No obligation or expenditure of these funds shall take place without such approval. |
3 | Total - Central Management 29,044,554 |
4 | Community Health and Equity |
5 | General Revenues 2,051,358 |
6 | Federal Funds 88,096,432 |
7 | Restricted Receipts 67,695,968 |
8 | Total - Community Health and Equity 157,843,758 |
9 | Environmental Health |
10 | General Revenues 6,836,896 |
11 | Federal Funds 14,433,189 |
12 | Restricted Receipts 1,104,785 |
13 | Total - Environmental Health 22,374,870 |
14 | Health Laboratories |
15 | General Revenues 9,514,520 |
16 | Federal Funds 2,666,663 |
17 | Other Funds |
18 | Rhode Island Capital Plan Funds |
19 | Health Laboratories & Medical Examiner Equipment 400,000 |
20 | New Health Laboratory Building 8,363,883 |
21 | Total - Health Laboratories 20,945,066 |
22 | State Medical Examiner |
23 | General Revenues 4,521,784 |
24 | Federal Funds 67,325 |
25 | Total – State Medical Examiner 4,589,109 |
26 | Healthcare Quality and Safety |
27 | General Revenues 7,868,321 |
28 | Federal Funds 6,746,561 |
29 | Restricted Receipts 1,199,564 |
30 | Total – Healthcare Quality and Safety 15,814,446 |
31 | Policy, Information and Communications |
32 | General Revenues 2,785,613 |
33 | Provided that $200,000 of this amount and its corresponding federal match is used for loan |
34 | repayment assistance specifically for primary care physicians and pediatricians through the Health |
| LC000670 - Page 15 of 270 |
1 | Professional Loan Repayment Program authorized by § 23-14.1. |
2 | Federal Funds 5,593,898 |
3 | Restricted Receipts 842,433 |
4 | Total - Policy, Information and Communications 9,221,944 |
5 | Emergency Preparedness and Infectious Disease |
6 | General Revenues 1,907,851 |
7 | Federal Funds 15,196,529 |
8 | Total – Emergency Preparedness and Infectious Disease 17,104,380 |
9 | COVID-19 |
10 | Federal Funds 15,176,647 |
11 | Grand Total - Health 292,114,774 |
12 | Human Services |
13 | Central Management |
14 | General Revenues 7,600,831 |
15 | Of this amount, $400,000 is to support the domestic violence prevention fund to provide |
16 | direct services through the Coalition Against Domestic Violence, $25,000 for the Center for |
17 | Southeast Asians, $450,000 to support Project Reach activities provided by the RI Alliance of Boys |
18 | and Girls Clubs, $300,000 is for outreach and supportive services through Day One, $550,000 is |
19 | for food collection and distribution through the Rhode Island Community Food Bank, $500,000 for |
20 | services provided to the homeless at Crossroads Rhode Island, $600,000 for the Community Action |
21 | Fund, $250,000 is for the Institute for the Study and Practice of Nonviolence’s Reduction Strategy, |
22 | $200,000 to provide operational support to the United Way’s 211 system, $125,000 is to support |
23 | services provided to the immigrant and refugee population through Higher Ground International, |
24 | and $50,000 is for services provided to refugees through the Refugee Dream Center and $100,000 |
25 | for the Substance Use and Mental Health Leadership Council of RI. |
26 | The director of the department of human services shall provide to the speaker of the house, |
27 | president of the senate, and chairs of the house and senate finance committees at least every sixty |
28 | (60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer |
29 | serving staff. The report shall include: documentation of newly filled and vacated positions, |
30 | including lateral transfers, position titles, civil service information, including numbers of eligible |
31 | and available candidates, plans for future testing and numbers of eligible and available candidates |
32 | resulting from such testing, impacts on caseload backlogs and call center wait times, as well as |
33 | other pertinent information as determined by the director. |
34 | Federal Funds 8,064,314 |
| LC000670 - Page 16 of 270 |
1 | Of this amount, $3.0 million is to sustain Early Head Start and Head Start programs. |
2 | Restricted Receipts 300,000 |
3 | Total - Central Management 15,965,145 |
4 | Child Support Enforcement |
5 | General Revenues 4,390,046 |
6 | Federal Funds 10,229,053 |
7 | Restricted Receipts 3,816,099 |
8 | Total - Child Support Enforcement 18,435,198 |
9 | Individual and Family Support |
10 | General Revenues 35,233,643 |
11 | Federal Funds 128,579,088 |
12 | Restricted Receipts 115,000 |
13 | Other Funds |
14 | Rhode Island Capital Plan Funds |
15 | Blind Vending Facilities 165,000 |
16 | Total - Individual and Family Support 164,092,731 |
17 | Office of Veterans Services |
18 | General Revenues 33,499,864 |
19 | Of this amount, $200,000 is to provide support services through veterans’ organizations, |
20 | $50,000 is to support Operation Stand Down, and $100,000 is to support the Veterans Services |
21 | Officers (VSO) program through the Veterans of Foreign Wars. |
22 | Federal Funds 15,752,830 |
23 | Restricted Receipts 1,725,342 |
24 | Other Funds |
25 | Rhode Island Capital Plan Funds |
26 | Veterans Home Asset Protection 665,000 |
27 | Veterans Memorial Cemetery Asset Protection 300,000 |
28 | Total - Office of Veterans Services 51,943,036 |
29 | Health Care Eligibility |
30 | General Revenues 10,511,087 |
31 | Federal Funds 16,662,419 |
32 | Total - Health Care Eligibility 27,173,506 |
33 | Supplemental Security Income Program |
34 | General Revenues 16,638,000 |
| LC000670 - Page 17 of 270 |
1 | Rhode Island Works |
2 | General Revenues 9,891,538 |
3 | Federal Funds 101,460,682 |
4 | Total - Rhode Island Works 111,352,220 |
5 | Other Programs |
6 | General Revenues 2,242,640 |
7 | Federal Funds 382,432,873 |
8 | Restricted Receipts 8,000 |
9 | Total - Other Programs 384,683,513 |
10 | Office of Healthy Aging |
11 | General Revenues 15,573,340 |
12 | Of this amount, $325,000 is to provide elder services, including respite, through the |
13 | Diocese of Providence; $40,000 is for ombudsman services provided by the Alliance for Long |
14 | Term Care in accordance with chapter 66.7 of title 42; and $1,600,000 is for Senior Services |
15 | Support and $680,000 is for elderly nutrition, of which $630,000 is for Meals on Wheels. |
16 | Federal Funds 19,011,572 |
17 | Restricted Receipt 46,200 |
18 | Other Funds |
19 | Intermodal Surface Transportation Fund 4,267,406 |
20 | The Office shall reimburse the Rhode Island public transit authority for the elderly/disabled |
21 | transportation program expenses no later than fifteen (15) days of the authority’s submission of a |
22 | request for payment. |
23 | Total - Office of Healthy Aging 38,898,518 |
24 | Grand Total - Human Services 829,181,867 |
25 | Behavioral Healthcare, Developmental Disabilities and Hospitals |
26 | Central Management |
27 | General Revenues 8,058,892 |
28 | Federal Funds 2,631,491 |
29 | Restricted Receipts 559,071 |
30 | Total - Central Management 11,249,454 |
31 | Services for the Developmentally Disabled |
32 | General Revenues 214,453,481 |
33 | Provided that of this general revenue funding, an amount certified by the department shall |
34 | be expended on certain community-based department of behavioral healthcare, developmental |
| LC000670 - Page 18 of 270 |
1 | disabilities and hospitals (BHDDH) developmental disability private provider and self-directed |
2 | consumer direct care service worker raises and associated payroll costs as authorized by BHDDH |
3 | and to finance the new services rates implemented by BHDDH pursuant to the Consent Decree |
4 | Addendum. Any increase for direct support staff and residential or other community-based setting |
5 | must first receive the approval of BHDDH. |
6 | Provided further that this general revenue funding, $928,200 shall be expended on a |
7 | Transformation Fund to be used for I/DD integrated day activities and supported employment |
8 | services, or which a total of $650,000 shall be expended specifically on those who self-direct for |
9 | creation of regional service advisement models and pool of substitute staff. All unexpended or |
10 | unencumbered balances of this designation at the end of the fiscal year shall be reappropriated to |
11 | the ensuing fiscal year and made immediately available for the same purpose. |
12 | Federal Funds 280,189,579 |
13 | Provided that of this federal funding, an amount certified by the department shall be |
14 | expended on certain community-based department of behavioral healthcare, developmental |
15 | disabilities and hospitals (BHDDH) developmental disability private provider and self-directed |
16 | consumer direct care service worker raises and associated payroll costs as authorized by BHDDH |
17 | and to finance the new services rates implemented by BHDDH pursuant to the Consent Decree |
18 | Addendum. Any increase for direct support staff and residential or other community-based setting |
19 | must first receive the approval of BHDDH. |
20 | Provided further that this federal funding, $371,800 shall be expended on a Transformation |
21 | Fund to be used for I/DD integrated day activities and supported employment services. All |
22 | unexpended or unencumbered balances of this designation at the end of the fiscal year shall be |
23 | reappropriated to the ensuing fiscal year and made immediately available for the same purpose. |
24 | Restricted Receipts 1,300,866 |
25 | Other Funds |
26 | Rhode Island Capital Plan Funds |
27 | DD Residential Support 100,000 |
28 | Total - Services for the Developmentally Disabled 496,043,926 |
29 | Behavioral Healthcare Services |
30 | General Revenues 5,025,849 |
31 | Federal Funds |
32 | Federal Funds 32,597,991 |
33 | Provided that $250,000 from Social Services Block Grant funds is awarded to The |
34 | Providence Center to coordinate with Oasis Wellness and Recovery Center for its support and |
| LC000670 - Page 19 of 270 |
1 | services program offered to individuals with behavioral health issues. |
2 | Restricted Receipts 5,416,046 |
3 | Provided that $450,000 from the opioid stewardship fund is distributed equally to the seven |
4 | regional substance abuse prevention task forces to fund priorities determined by each Task Force. |
5 | Total - Behavioral Healthcare Services 43,039,886 |
6 | Hospital and Community Rehabilitative Services |
7 | General Revenues 55,323,206 |
8 | Federal Funds 61,515,889 |
9 | Restricted Receipts 3,034,700 |
10 | Other Funds |
11 | Rhode Island Capital Plan Funds |
12 | Hospital Equipment 300,000 |
13 | Total - Hospital and Community Rehabilitative Services 120,173,795 |
14 | State of RI Psychiatric Hospital |
15 | General Revenues 33,443,552 |
16 | Restricted Receipts 144,000 |
17 | Other Funds |
18 | Rhode Island Capital Plan Funds |
19 | RISPH Equipment 100,000 |
20 | Total - State of RI Psychiatric Hospital 33,687,552 |
21 | Grand Total - Behavioral Healthcare, |
22 | Developmental Disabilities and Hospitals 704,194,613 |
23 | Office of the Child Advocate |
24 | General Revenues 2,264,613 |
25 | Commission on the Deaf and Hard of Hearing |
26 | General Revenues 786,233 |
27 | Restricted Receipts 142,921 |
28 | Grand Total - Comm. On Deaf and Hard-of-Hearing 929,154 |
29 | Governor’s Commission on Disabilities |
30 | General Revenues |
31 | General Revenues 845,249 |
32 | Livable Home Modification Grant Program 765,278 |
33 | Provided that this will be used for home modification and accessibility enhancements to |
34 | construct, retrofit, and/or renovate residences to allow individuals to remain in community settings. |
| LC000670 - Page 20 of 270 |
1 | This will be in consultation with the executive office of health and human services. All unexpended |
2 | or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the ensuing fiscal |
3 | year, and made immediately available for the same purpose. |
4 | Federal Funds 340,067 |
5 | Restricted Receipts 105,448 |
6 | Grand Total - Governor’s Commission on Disabilities 2,056,042 |
7 | Office of the Mental Health Advocate |
8 | General Revenues 1,117,164 |
9 | Elementary and Secondary Education |
10 | Administration of the Comprehensive Education Strategy |
11 | General Revenues 33,946,454 |
12 | Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s |
13 | Hospital pursuant to § 16-7-20 and that $395,000 be allocated to support child opportunity zones |
14 | through agreements with the department of elementary and secondary education to strengthen |
15 | education, health and social services for students and their families as a strategy to accelerate |
16 | student achievement and further provided that $450,000 and 3.0 full-time equivalent positions be |
17 | allocated to support a special education function to facilitate individualized education program |
18 | (IEP) and 504 services; and further provided that $130,000 be allocated to City Year for the Whole |
19 | School Whole Child Program, which provides individualized support to at-risk students. |
20 | Provided that all unexpended or unencumbered balances as of June 30, 2026, relating to |
21 | the Learn365RI program are hereby reappropriated to the following fiscal year. |
22 | Federal Funds |
23 | Federal Funds 255,155,437 |
24 | Provided that $684,000 from the department’s administrative share of Individuals with |
25 | Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to |
26 | support the Rhode Island Vision Education and Services Program. |
27 | Federal Funds – State Fiscal Recovery Fund |
28 | Adult Education Providers 128,373 |
29 | Restricted Receipts |
30 | Restricted Receipts 1,677,584 |
31 | HRIC Adult Education Grants 3,500,000 |
32 | Total - Admin. of the Comprehensive Ed. Strategy 294,407,848 |
33 | Davies Career and Technical School |
34 | General Revenues 18,772,462 |
| LC000670 - Page 21 of 270 |
1 | Federal Funds 924,285 |
2 | Restricted Receipts 5,229,338 |
3 | Other Funds |
4 | Rhode Island Capital Plan Funds |
5 | Davies School HVAC 50,000 |
6 | Davies School Asset Protection 750,000 |
7 | Davies School Healthcare Classroom Renovations 25,477 |
8 | Davies School Wing Renovation 30,000,000 |
9 | Total - Davies Career and Technical School 55,751,562 |
10 | RI School for the Deaf |
11 | General Revenues 8,809,938 |
12 | Federal Funds 271,830 |
13 | Restricted Receipts 1,097,000 |
14 | Other Funds |
15 | Rhode Island Capital Plan Funds |
16 | School for the Deaf Asset Protection 100,000 |
17 | Total - RI School for the Deaf 10,278,768 |
18 | Metropolitan Career and Technical School |
19 | General Revenues 12,977,328 |
20 | Other Funds |
21 | Rhode Island Capital Plan Funds |
22 | MET School Asset Protection 250,000 |
23 | Total - Metropolitan Career and Technical School 13,227,328 |
24 | Education Aid |
25 | General Revenues 1,256,998,843 |
26 | Provided that the criteria for the allocation of early childhood funds shall prioritize pre- |
27 | kindergarten seats and classrooms for four-year-olds whose family income is at or below one |
28 | hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities |
29 | with higher concentrations of low performing schools. |
30 | Restricted Receipts 38,952,936 |
31 | Total - Education Aid 1,295,951,779 |
32 | Central Falls School District |
33 | General Revenues 53,688,083 |
34 | School Construction Aid |
| LC000670 - Page 22 of 270 |
1 | General Revenues |
2 | School Housing Aid 119,887,755 |
3 | Teachers' Retirement |
4 | General Revenues 137,991,006 |
5 | Grand Total - Elementary and Secondary Education 1,981,184,129 |
6 | Public Higher Education |
7 | Office of Postsecondary Commissioner |
8 | General Revenues 34,342,126 |
9 | Provided that $455,000 shall be allocated to Onward We Learn pursuant to § 16-70-5, |
10 | $75,000 shall be allocated to Best Buddies Rhode Island to support its programs for children with |
11 | developmental and intellectual disabilities. It is also provided that $8,337,295 shall be allocated to |
12 | the Rhode Island promise scholarship program; $151,410 shall be used to support Rhode Island’s |
13 | membership in the New England Board of Higher Education; $5,476,723 shall be allocated to the |
14 | Rhode Island hope scholarship program; $100,000 shall be allocated to the Rhode Island School |
15 | for Progressive Education to support access to higher education opportunities for teachers of color, |
16 | and $50,000 shall be provided for College Visions. |
17 | Federal Funds |
18 | Federal Funds 5,582,208 |
19 | Guaranty Agency Administration 60,000 |
20 | Restricted Receipts 8,383,189 |
21 | Other Funds |
22 | Tuition Savings Program - Scholarships and Grants 3,400,000 |
23 | Nursing Education Center - Operating 3,295,810 |
24 | Rhode Island Capital Plan Funds |
25 | WEC Expansion - Annex Site 1,220,000 |
26 | Total - Office of Postsecondary Commissioner 56,283,333 |
27 | University of Rhode Island |
28 | General Revenues |
29 | General Revenues 115,308,021 |
30 | Provided that in order to leverage federal funding and support economic development, |
31 | $700,000 shall be allocated to the small business development center, $125,000 shall be allocated |
32 | to the Institute for Labor Studies & Research, $50,000 shall be allocated to Special Olympics Rhode |
33 | Island to support its mission of providing athletic opportunities for individuals with intellectual and |
34 | developmental disabilities, and $874,069 shall be used to support programming related to career |
| LC000670 - Page 23 of 270 |
1 | readiness, career placement, internships, and work-based learning. |
2 | Debt Service 31,526,482 |
3 | RI State Forensics Laboratory 1,803,420 |
4 | Other Funds |
5 | University and College Funds 847,374,010 |
6 | Debt - Dining Services 781,957 |
7 | Debt - Education and General 5,076,811 |
8 | Debt - Health Services 16,032 |
9 | Debt - Housing Loan Funds 13,863,455 |
10 | Debt - Memorial Union 758,853 |
11 | Debt - Ryan Center 2,888,322 |
12 | Debt - Parking Authority 889,077 |
13 | URI Restricted Debt Service - Energy Conservation 536,169 |
14 | URI Debt Service - Energy Conservation 1,956,906 |
15 | Rhode Island Capital Plan Funds |
16 | Asset Protection 14,606,536 |
17 | Mechanical, Electric, and Plumbing Improvements 7,293,838 |
18 | Fire Protection Academic Buildings 1,641,903 |
19 | Bay Campus 8,146,722 |
20 | Athletics Complex 33,942,707 |
21 | Provided that total Rhode Island capital plan funds provide no more than 80.0 percent of |
22 | the total project. |
23 | Stormwater Management 4,252,678 |
24 | PFAS Removal Water Treatment Plant 13,759,400 |
25 | Campus Accessibility 2,300,000 |
26 | Total - University of Rhode Island 1,108,723,299 |
27 | Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as |
28 | of June 30, 2026 relating to the university of Rhode Island are hereby reappropriated to fiscal year |
29 | 2027. |
30 | Rhode Island College |
31 | General Revenues |
32 | General Revenues 70,714,722 |
33 | Provided that $464,377 shall be used to support programming related to career readiness, |
34 | career placement, internships, and work-based learning. |
| LC000670 - Page 24 of 270 |
1 | Debt Service 7,933,336 |
2 | Rhode Island Vision Education and Services Program 1,800,000 |
3 | Other Funds |
4 | University and College Funds 120,309,539 |
5 | Debt - Education and General 1,478,585 |
6 | Debt - Student Union 212,200 |
7 | Debt - G.O. Debt Service 1,585,353 |
8 | Debt - Energy Conservation 762,375 |
9 | Rhode Island Capital Plan Funds |
10 | Asset Protection 5,950,000 |
11 | Infrastructure Modernization 5,675,000 |
12 | Total - Rhode Island College 216,421,110 |
13 | Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as |
14 | of June 30, 2026, relating to Rhode Island college are hereby reappropriated to fiscal year 2027. |
15 | Community College of Rhode Island |
16 | General Revenues |
17 | General Revenues 64,540,346 |
18 | Provided that $391,175 shall be used to support programming related to career readiness, |
19 | career placement, internships, and work-based learning. |
20 | Debt Service 1,097,898 |
21 | Restricted Receipts 953,442 |
22 | Other Funds |
23 | University and College Funds 114,885,691 |
24 | Rhode Island Capital Plan Funds |
25 | Asset Protection 3,469,452 |
26 | Data, Cabling, and Power Infrastructure 5,150,000 |
27 | Flanagan Campus Renovations 3,200,000 |
28 | CCRI Renovation and Modernization Phase I 13,000,000 |
29 | CCRI Renovation and Modernization Phase II - IV 6,100,000 |
30 | CCRI Accessibility Improvements 290,000 |
31 | Total - Community College of RI 212,686,829 |
32 | Notwithstanding the provisions of § 35-3-15, all unexpended or unencumbered balances as |
33 | of June 30, 2026, relating to the community college of Rhode Island are hereby reappropriated to |
34 | fiscal year 2027. |
| LC000670 - Page 25 of 270 |
1 | Grand Total - Public Higher Education 1,594,114,571 |
2 | RI State Council on the Arts |
3 | General Revenues |
4 | Operating Support 1,224,685 |
5 | Grants 1,190,000 |
6 | Provided that $400,000 be provided to support the operational costs of WaterFire |
7 | Providence art installations. |
8 | Federal Funds 1,022,711 |
9 | Restricted Receipts 115,058 |
10 | Other Funds |
11 | Art for Public Facilities 690,000 |
12 | Grand Total - RI State Council on the Arts 4,242,454 |
13 | RI Atomic Energy Commission |
14 | General Revenues 1,278,282 |
15 | Restricted Receipts 25,036 |
16 | Other Funds |
17 | URI Sponsored Research 361,177 |
18 | Rhode Island Capital Plan Funds |
19 | Asset Protection 50,000 |
20 | Grand Total - RI Atomic Energy Commission 1,714,495 |
21 | RI Historical Preservation and Heritage Commission |
22 | General Revenues 1,986,751 |
23 | Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration |
24 | activities and that $25,000 shall be allocated to Rhode Island Slave History Medallions. |
25 | Federal Funds 822,451 |
26 | Restricted Receipts 511,827 |
27 | Other Funds |
28 | RIDOT Project Review 144,602 |
29 | Grand Total - RI Historical Preservation and Heritage Comm. 3,465,631 |
30 | Attorney General |
31 | Criminal |
32 | General Revenues 23,147,524 |
33 | Federal Funds 3,404,012 |
34 | Restricted Receipts 2,096,085 |
| LC000670 - Page 26 of 270 |
1 | Total - Criminal 28,647,621 |
2 | Civil |
3 | General Revenues 7,301,706 |
4 | Federal Funds 100,000 |
5 | Restricted Receipts 3,875,849 |
6 | Total - Civil 11,277,555 |
7 | Bureau of Criminal Identification |
8 | General Revenues 2,440,742 |
9 | Federal Funds 64,547 |
10 | Restricted Receipts 1,329,498 |
11 | Total - Bureau of Criminal Identification 3,834,787 |
12 | General |
13 | General Revenues 5,354,455 |
14 | Other Funds |
15 | Rhode Island Capital Plan Funds |
16 | Building Renovations and Repairs 2,525,000 |
17 | Total - General 7,879,455 |
18 | Grand Total - Attorney General 51,639,418 |
19 | Corrections |
20 | Central Management |
21 | General Revenues 25,069,359 |
22 | Parole Board |
23 | General Revenues 1,673,257 |
24 | Custody and Security |
25 | General Revenues 157,742,174 |
26 | Federal Funds 1,371,846 |
27 | Other Funds |
28 | Rhode Island Capital Plan Funds |
29 | Intake Service Center HVAC 10,272,500 |
30 | Total - Custody and Security 169,386,520 |
31 | Institutional Support |
32 | General Revenues 39,456,199 |
33 | Other Funds |
34 | Rhode Island Capital Plan Funds |
| LC000670 - Page 27 of 270 |
1 | Asset Protection 5,100,000 |
2 | Correctional Facilities – Renovations 7,419,248 |
3 | Total - Institutional Support 51,975,447 |
4 | Institutional Based Rehab/Population Management |
5 | General Revenues 14,739,884 |
6 | Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender |
7 | discharge planning. |
8 | The director of the department of corrections shall provide to the speaker of the house and |
9 | president of the senate at least every ninety (90) days beginning September 1, 2022, a report on |
10 | efforts to modernize the correctional industries program. The report shall, at minimum, provide |
11 | data on the past ninety (90) days regarding program participation; changes made in programming |
12 | to more closely align with industry needs; new or terminated partnerships with employers, |
13 | nonprofits, and advocacy groups; current program expenses and revenues; and the employment |
14 | status of all persons on the day of discharge from department care who participated in the |
15 | correctional industries program. |
16 | Federal Funds 386,256 |
17 | Restricted Receipts 1,300,000 |
18 | Total - Institutional Based Rehab/Population Mgt. 16,426,140 |
19 | Healthcare Services |
20 | General Revenues 35,200,698 |
21 | Community Corrections |
22 | General Revenues 22,816,183 |
23 | Restricted Receipts 3,091 |
24 | Total - Community Corrections 22,819,274 |
25 | Grand Total - Corrections 322,550,695 |
26 | Judiciary |
27 | Supreme Court |
28 | General Revenues |
29 | General Revenues 36,665,481 |
30 | Provided however, that no more than $1,430,073 in combined total shall be offset to the |
31 | public defender’s office, the attorney general’s office, the department of corrections, the department |
32 | of children, youth and families, and the department of public safety for square-footage occupancy |
33 | costs in public courthouses and further provided that $500,000 be allocated to the Rhode Island |
34 | Coalition Against Domestic Violence for the domestic abuse court advocacy project pursuant to § |
| LC000670 - Page 28 of 270 |
1 | 12-29-7 and that $90,000 be allocated to Rhode Island Legal Services, Inc. to provide housing and |
2 | eviction defense to indigent individuals. |
3 | Defense of Indigents 7,875,432 |
4 | Federal Funds 205,395 |
5 | Restricted Receipts 4,312,243 |
6 | Other Funds |
7 | Rhode Island Capital Plan Funds |
8 | Judicial Complexes - HVAC 500,000 |
9 | Judicial Complexes Asset Protection 1,500,000 |
10 | Judicial Complexes Fan Coil Unit Replacements 500,000 |
11 | Garrahy Courthouse Restoration 1,125,000 |
12 | Total - Supreme Court 52,683,551 |
13 | Judicial Tenure and Discipline |
14 | General Revenues 188,686 |
15 | Superior Court |
16 | General Revenues 30,216,228 |
17 | Restricted Receipts 325,000 |
18 | Total - Superior Court 30,541,228 |
19 | Family Court |
20 | General Revenues 29,167,951 |
21 | Federal Funds 5,392,549 |
22 | Total - Family Court 34,560,500 |
23 | District Court |
24 | General Revenues 17,697,776 |
25 | Federal Funds 696,951 |
26 | Restricted Receipts 60,000 |
27 | Total - District Court 18,454,727 |
28 | Traffic Tribunal |
29 | General Revenues 11,704,985 |
30 | Workers' Compensation Court |
31 | Restricted Receipts 11,090,756 |
32 | Grand Total - Judiciary 159,224,433 |
33 | Military Staff |
34 | General Revenues 3,424,058 |
| LC000670 - Page 29 of 270 |
1 | Federal Funds 28,982,412 |
2 | Restricted Receipts |
3 | RI Military Family Relief Fund 55,000 |
4 | RING Counterdrug Program 11,000 |
5 | Other Funds |
6 | Rhode Island Capital Plan Funds |
7 | Aviation Readiness Center 287,000 |
8 | Asset Protection 2,564,675 |
9 | Quonset Airport Runway Reconstruction 446,663 |
10 | Counter-Drug Training Facility 1,025,250 |
11 | Squadron Ops Facility (Air Guard) 600,000 |
12 | Grand Total - Military Staff 37,396,058 |
13 | Public Safety |
14 | Central Management |
15 | General Revenues 1,899,154 |
16 | Provided that $400,000 shall be allocated to support the Family Service of Rhode Island’s |
17 | GO Team program of on-scene support to children who are victims of violence and other traumas. |
18 | Federal Funds |
19 | Federal Funds 18,479,969 |
20 | Federal Funds – State Fiscal Recovery Fund |
21 | Support for Survivors of Domestic Violence 29,753 |
22 | Restricted Receipts 738,584 |
23 | Total - Central Management 21,147,460 |
24 | E-911 Emergency Telephone System |
25 | Restricted Receipts 10,730,138 |
26 | Security Services |
27 | General Revenues 33,685,555 |
28 | Municipal Police Training Academy |
29 | General Revenues 349,440 |
30 | Federal Funds 417,455 |
31 | Total - Municipal Police Training Academy 766,895 |
32 | State Police |
33 | General Revenues 90,634,305 |
34 | Federal Funds 7,820,822 |
| LC000670 - Page 30 of 270 |
1 | Restricted Receipts 2,845,158 |
2 | Other Funds |
3 | Airport Corporation Assistance 150,007 |
4 | Road Construction Reimbursement 3,355,100 |
5 | Weight and Measurement Reimbursement 402,401 |
6 | Rhode Island Capital Plan Funds |
7 | DPS Asset Protection 1,205,000 |
8 | Southern Barracks 16,750,000 |
9 | Training Academy Upgrades 1,550,000 |
10 | Statewide Communications System Network 245,048 |
11 | Total - State Police 124,957,841 |
12 | Grand Total - Public Safety 191,287,889 |
13 | Office of Public Defender |
14 | General Revenues 18,178,679 |
15 | Federal Funds 85,035 |
16 | Grand Total - Office of Public Defender 18,263,714 |
17 | Emergency Management Agency |
18 | General Revenues 7,457,256 |
19 | Federal Funds 34,906,616 |
20 | Restricted Receipts 428,308 |
21 | Other Funds |
22 | Rhode Island Capital Plan Funds |
23 | RI Statewide Communications Infrastructure 315,404 |
24 | RI Statewide Communications Network Tower 550,000 |
25 | Grand Total - Emergency Management Agency 43,657,584 |
26 | Environmental Management |
27 | Office of the Director |
28 | General Revenues 9,446,875 |
29 | Of this general revenue amount, $180,000 is appropriated to the conservation districts and |
30 | $100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a |
31 | veterinarian at the Wildlife Clinic of Rhode Island. |
32 | Federal Funds 354,975 |
33 | Restricted Receipts 5,930,220 |
34 | Total - Office of the Director 15,732,070 |
| LC000670 - Page 31 of 270 |
1 | Natural Resources |
2 | General Revenues 32,325,750 |
3 | Provided that of this general revenue amount, $150,000 is to be used for marine mammal |
4 | response activities in conjunction with matching federal funds. |
5 | Federal Funds 31,528,201 |
6 | Restricted Receipts 6,185,022 |
7 | Other Funds |
8 | DOT Recreational Projects 762,000 |
9 | Blackstone Bike Path Design 1,000,000 |
10 | Rhode Island Capital Plan Funds |
11 | Dam Repair 6,815,000 |
12 | Fort Adams Rehabilitation 500,000 |
13 | Port of Galilee 16,500,000 |
14 | Newport Pier Upgrades 500,000 |
15 | Recreation Facilities Asset Protection 750,000 |
16 | Recreational Facilities Improvements 2,900,000 |
17 | Natural Resources Office and Visitor's Center 1,836,709 |
18 | Fish & Wildlife Maintenance Facilities 200,000 |
19 | Marine Infrastructure/Pier Development 700,000 |
20 | Total - Natural Resources 102,502,682 |
21 | Environmental Protection |
22 | General Revenues 16,607,743 |
23 | Federal Funds 12,825,343 |
24 | Restricted Receipts 12,660,382 |
25 | Other Funds |
26 | Transportation MOU 95,967 |
27 | Total - Environmental Protection 42,189,435 |
28 | Grand Total - Environmental Management 160,424,187 |
29 | Coastal Resources Management Council |
30 | General Revenues 3,704,812 |
31 | Federal Funds 3,331,166 |
32 | Restricted Receipts 624,768 |
33 | Other Funds |
34 | Rhode Island Capital Plan Funds |
| LC000670 - Page 32 of 270 |
1 | South Coast Restoration Project 2,000,000 |
2 | Grand Total - Coastal Resources Mgmt. Council 9,660,746 |
3 | Transportation |
4 | Central Management |
5 | Federal Funds 13,777,360 |
6 | Other Funds |
7 | Gasoline Tax 9,004,830 |
8 | Total - Central Management 22,782,190 |
9 | Management and Budget |
10 | Other Funds |
11 | Gasoline Tax 3,839,065 |
12 | Infrastructure Engineering |
13 | Federal Funds 461,108,033 |
14 | Restricted Receipts 6,066,037 |
15 | Other Funds |
16 | Gasoline Tax 77,805,846 |
17 | Land Sale Revenue 6,239,422 |
18 | Tolling Revenue 10,000,000 |
19 | Rhode Island Capital Plan Funds |
20 | Highway Improvement Program 95,617,814 |
21 | Bike Path Asset Protection 400,000 |
22 | RIPTA - Land and Buildings 6,905,927 |
23 | RIPTA - Pawtucket/Central Falls Bus Hub Passenger Facility 1,500,000 |
24 | RIPTA - Providence High-Capacity Transit Corridor Study 90,000 |
25 | Total - Infrastructure Engineering 665,733,079 |
26 | Infrastructure Maintenance |
27 | Other Funds |
28 | Gasoline Tax 39,230,935 |
29 | Provided that of this amount, $6,500,000 is appropriated to the Municipal Roads Grant |
30 | Program known as RhodeRestore to provide funding to municipalities for the construction and |
31 | maintenance of roads, sidewalks, and bridges. |
32 | The department of transportation will establish a municipal roadway database, which will |
33 | include information concerning the name, condition, length, roadway infrastructure, and pedestrian |
34 | features of each municipal roadway, updated annually by municipalities. The database will serve |
| LC000670 - Page 33 of 270 |
1 | as a comprehensive and transparent list of municipal roadway conditions. |
2 | Rhode Island Highway Maintenance Account 115,149,020 |
3 | Rhode Island Capital Plan Funds |
4 | Maintenance Capital Equipment Replacement 1,800,000 |
5 | Maintenance Facilities Improvements 859,756 |
6 | Welcome Center 150,000 |
7 | Salt Storage Facilities 1,150,000 |
8 | Train Station Asset Protection 500,000 |
9 | Total - Infrastructure Maintenance 158,839,711 |
10 | Grand Total - Transportation 851,194,045 |
11 | Statewide Totals |
12 | General Revenues 5,743,054,676 |
13 | Federal Funds 5,090,207,928 |
14 | Restricted Receipts 446,197,209 |
15 | Other Funds 2,936,594,811 |
16 | Statewide Grand Total 14,216,054,624 |
17 | SECTION 2. Each line appearing in section 1 of this article shall constitute an |
18 | appropriation. |
19 | SECTION 3. Upon the transfer of any function of a department or agency to another |
20 | department or agency, the governor is hereby authorized by means of executive order to transfer or |
21 | reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected |
22 | thereby; provided, however, in accordance with § 42-6-5, when the duties or administrative |
23 | functions of government are designated by law to be performed within a particular department or |
24 | agency, no transfer of duties or functions and no re-allocation, in whole or part, or appropriations |
25 | and full-time equivalent positions to any other department or agency shall be authorized. |
26 | SECTION 4. From the appropriation for contingency shall be paid such sums as may be |
27 | required at the discretion of the governor to fund expenditures for which appropriations may not |
28 | exist. Such contingency funds may also be used for expenditures in the several departments and |
29 | agencies where appropriations are insufficient, or where such requirements are due to unforeseen |
30 | conditions or are non-recurring items of an unusual nature. Said appropriations may also be used |
31 | for the payment of bills incurred due to emergencies or to any offense against public peace and |
32 | property, in accordance with the provisions of titles 11 and 45, as amended. All expenditures and |
33 | transfers from this account shall be approved by the governor. |
34 | SECTION 5. The general assembly authorizes the state controller to establish the internal |
| LC000670 - Page 34 of 270 |
1 | service accounts shown below, and no other, to finance and account for the operations of state |
2 | agencies that provide services to other agencies, institutions and other governmental units on a cost |
3 | reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in |
4 | a businesslike manner; promote efficient use of services by making agencies pay the full costs |
5 | associated with providing the services; and allocate the costs of central administrative services |
6 | across all fund types, so that federal and other non-general fund programs share in the costs of |
7 | general government support. The controller is authorized to reimburse these accounts for the cost |
8 | of work or services performed for any other department or agency subject to the following |
9 | expenditure limitations: |
10 | Account Expenditure Limit |
11 | State Assessed Fringe Benefit Internal Service Fund 37,255,808 |
12 | Administration Central Utilities Internal Service Fund 30,366,642 |
13 | State Central Mail Internal Service Fund 9,020,425 |
14 | State Telecommunications Internal Service Fund 3,426,061 |
15 | State Automotive Fleet Internal Service Fund 21,610,397 |
16 | Surplus Property Internal Service Fund 44,789 |
17 | Health Insurance Internal Service Fund 272,933,573 |
18 | Other Post-Employment Benefits Fund 63,854,008 |
19 | Capitol Police Internal Service Fund 1,659,403 |
20 | Corrections Central Distribution Center Internal Service Fund 8,679,440 |
21 | Correctional Industries Internal Service Fund 8,477,292 |
22 | Secretary of State Record Center Internal Service Fund 1,231,684 |
23 | Human Resources Internal Service Fund 18,711,878 |
24 | DCAMM Facilities Internal Service Fund 40,492,965 |
25 | Information Technology Internal Service Fund 70,587,805 |
26 | SECTION 6. The director of the department of administration shall exercise his powers |
27 | under chapter 11 of title 42 to centralize state fleet operations under the department as it relates to |
28 | light and medium duty vehicle management, in accordance with best practices. |
29 | SECTION 7. Legislative Intent - The general assembly may provide a written "statement |
30 | of legislative intent" signed by the chairperson of the house finance committee and by the |
31 | chairperson of the senate finance committee to show the intended purpose of the appropriations |
32 | contained in section 1 of this article. The statement of legislative intent shall be kept on file in the |
33 | house finance committee and in the senate finance committee. |
34 | At least twenty (20) days prior to the issuance of a grant or the release of funds, which |
| LC000670 - Page 35 of 270 |
1 | grant or funds are listed on the legislative letter of intent, all department, agency, and corporation |
2 | directors shall notify in writing the chairperson of the house finance committee and the chairperson |
3 | of the senate finance committee of the approximate date when the funds are to be released or |
4 | granted. |
5 | SECTION 8. Appropriation of Temporary Disability Insurance Funds -- There is hereby |
6 | appropriated pursuant to §§ 28-39-5 and 28-39-8 all funds required to be disbursed for the benefit |
7 | payments from the temporary disability insurance fund and temporary disability insurance reserve |
8 | fund for the fiscal year ending June 30, 2026. |
9 | SECTION 9. Appropriation of Employment Security Funds -- There is hereby appropriated |
10 | pursuant to § 28-42-19 all funds required to be disbursed for benefit payments from the employment |
11 | security fund for the fiscal year ending June 30, 2026. |
12 | SECTION 10. Appropriation of Lottery Division Funds -- There is hereby appropriated to |
13 | the lottery division any funds required to be disbursed by the lottery division for the purposes of |
14 | paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2026. |
15 | SECTION 11. Appropriation of CollegeBoundSaver Funds - There is hereby appropriated |
16 | to the office of the general treasurer designated funds received under the collegeboundsaver |
17 | program for transfer to the division of higher education assistance within the office of the |
18 | postsecondary commissioner to support student financial aid for the fiscal year ending June 30, |
19 | 2026. |
20 | SECTION 12. Departments and agencies listed below may not exceed the number of full- |
21 | time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do |
22 | not include limited period positions or, seasonal or intermittent positions whose scheduled period |
23 | of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not |
24 | exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor |
25 | do they include individuals engaged in training, the completion of which is a prerequisite of |
26 | employment. Provided, however, that the governor or designee, speaker of the house of |
27 | representatives or designee, and the president of the senate or designee may authorize an adjustment |
28 | to any limitation. Prior to the authorization, the state budget officer shall make a detailed written |
29 | recommendation to the governor, the speaker of the house, and the president of the senate. A copy |
30 | of the recommendation and authorization to adjust shall be transmitted to the chairman of the house |
31 | finance committee, senate finance committee, the house fiscal advisor, and the senate fiscal advisor. |
32 | State employees whose funding is from non-state general revenue funds that are time |
33 | limited shall receive limited term appointment with the term limited to the availability of non-state |
34 | general revenue funding source. |
| LC000670 - Page 36 of 270 |
1 | FY 2026 FTE POSITION AUTHORIZATION |
2 | Departments and Agencies Full-Time Equivalent |
3 | Administration 669.6 |
4 | Provided that no more than 419.1 of the total authorization would be limited to positions |
5 | that support internal service fund programs. |
6 | Office of Energy Resources 20.0 |
7 | Business Regulation 155.0 |
8 | Rhode Island Cannabis Control Commission 28.0 |
9 | Executive Office of Commerce 5.0 |
10 | Housing 38.0 |
11 | Labor and Training 461.7 |
12 | Revenue 604.5 |
13 | Legislature 298.5 |
14 | Office of the Lieutenant Governor 8.0 |
15 | Office of the Secretary of State 62.0 |
16 | Office of the General Treasurer 92.0 |
17 | Board of Elections 13.0 |
18 | Rhode Island Ethics Commission 12.0 |
19 | Office of the Governor 45.0 |
20 | Commission for Human Rights 15.0 |
21 | Public Utilities Commission 57.0 |
22 | Office of Health and Human Services 243.0 |
23 | Children, Youth and Families 713.5 |
24 | Health 572.6 |
25 | Human Services 779.0 |
26 | Office of Veterans Services 267.0 |
27 | Office of Healthy Aging 33.0 |
28 | Behavioral Healthcare, Developmental Disabilities and Hospitals 1,223.4 |
29 | Provided that 18.0 of the total authorization would be limited to independent facilitators |
30 | positions to comply with the Consent Decree Addendum. |
31 | Office of the Child Advocate 13.0 |
32 | Commission on the Deaf and Hard of Hearing 4.0 |
33 | Governor’s Commission on Disabilities 5.0 |
34 | Office of the Mental Health Advocate 6.0 |
| LC000670 - Page 37 of 270 |
1 | Elementary and Secondary Education 156.1 |
2 | Provided that 3.0 of the total authorization would be available only for positions that are |
3 | supported by the healthy environments advance learning grant at the school building authority. |
4 | School for the Deaf 61.0 |
5 | Davies Career and Technical School 125.0 |
6 | Office of Postsecondary Commissioner 48.0 |
7 | Provided that 1.0 of the total authorization would be available only for positions that are |
8 | supported by third-party funds, 12.0 would be available only for positions at the state’s higher |
9 | education centers located in Woonsocket and Westerly, 10.0 would be available only for positions |
10 | at the nursing education center, and 9.0 would be available for the longitudinal data systems |
11 | program. |
12 | University of Rhode Island 2,571.0 |
13 | Provided that 353.8 of the total authorization would be available only for positions that are |
14 | supported by third-party funds. |
15 | Rhode Island College 949.2 |
16 | Provided that 76.0 of the total authorization would be available only for positions that are |
17 | supported by third-party funds. |
18 | Community College of Rhode Island 849.1 |
19 | Provided that 89.0 of the total authorization would be available only for positions that are |
20 | supported by third-party funds. |
21 | Rhode Island State Council on the Arts 10.0 |
22 | RI Atomic Energy Commission 8.6 |
23 | Historical Preservation and Heritage Commission 15.6 |
24 | Office of the Attorney General 264.1 |
25 | Corrections 1,461.0 |
26 | Judicial 749.3 |
27 | Military Staff 93.0 |
28 | Emergency Management Agency 38.0 |
29 | Public Safety 634.0 |
30 | Office of the Public Defender 104.0 |
31 | Environmental Management 439.0 |
32 | Coastal Resources Management Council 32.0 |
33 | Transportation 755.0 |
34 | Total 15,806.8 |
| LC000670 - Page 38 of 270 |
1 | No agency or department may employ contracted employee services where contract |
2 | employees would work under state employee supervisors without determination of need by the |
3 | director of administration acting upon positive recommendations by the budget officer and the |
4 | personnel administrator and fifteen (15) days after a public hearing. |
5 | Nor may any agency or department contract for services replacing work done by state |
6 | employees at that time without determination of need by the director of administration acting upon |
7 | the positive recommendations of the state budget officer and the personnel administrator and thirty |
8 | (30) days after a public hearing. |
9 | SECTION 13. The amounts reflected in this article include the appropriation of Rhode |
10 | Island capital plan funds for fiscal year 2026 and supersede appropriations provided for FY 2026 |
11 | within Pub. L. 2024, ch. 117, art. 1, § 13. |
12 | The following amounts are hereby appropriated out of any money in the State’s Rhode |
13 | Island capital plan fund not otherwise appropriated to be expended during the fiscal years ending |
14 | June 30, 2027, June 30, 2028, June 30, 2029, and June 30, 2030. These amounts supersede |
15 | appropriations provided within Pub. L. 2024, ch. 117, art. 1, § 13. |
16 | For the purposes and functions hereinafter mentioned, the state controller is hereby |
17 | authorized and directed to draw the controller's orders upon the general treasurer for the payment |
18 | of such sums and such portions thereof as may be required by the controller upon receipt of properly |
19 | authenticated vouchers. |
20 | FY Ending FY Ending FY Ending FY Ending |
21 | Project 06/30/2027 06/30/2028 06/30/2029 06/30/2030 |
22 | DOA – 560 Jefferson Blvd Asset Protection 50,000 50,000 50,000 55,000 |
23 | DOA – Arrigan Center 100,000 100,000 100,000 100,000 |
24 | DOA – Big River Management Area 746,000 742,000 792,000 787,000 |
25 | DOA – Cannon Building 3,925,000 4,225,000 4,225,000 1,750,000 |
26 | DOA – Chapin Health Laboratory 300,000 0 0 0 |
27 | DOA – Civic Center 1,250,000 1,075,000 1,500,000 1,475,000 |
28 | DOA – Communities Facilities Asset Protection 125,000 125,000 125,000 125,000 |
29 | DOA – Cranston Street Armory 100,000 100,000 100,000 100,000 |
30 | DOA - DoIT Enterprise Operations Center 200,000 200,000 200,000 200,000 |
31 | DOA – Environmental Compliance 225,000 225,000 225,000 225,000 |
32 | DOA – Group Homes Consolidation 4,325,000 4,426,000 5,450,000 5,650,000 |
33 | DOA - Medical Examiner's Office 50,000 50,000 50,000 50,000 |
34 | DOA – Old State House 600,000 100,000 100,000 100,000 |
| LC000670 - Page 39 of 270 |
1 | DOA - Pastore Campus Infrastructure 15,000,000 15,000,000 10,000,000 20,000,000 |
2 | DOA – Pastore Hospital Buildings |
3 | Asset Protection 1,000,000 1,250,000 2,150,000 2,500,000 |
4 | DOA - Pastore Center Non-Hospital Buildings |
5 | Asset Protection 500,000 500,000 500,000 12,700,000 |
6 | DOA - Pastore Center Power Plant 3,500,000 0 0 0 |
7 | DOA - Replacement of Fueling Tanks 620,000 100,000 100,000 0 |
8 | DOA - RI Convention Center Authority 2,825,000 2,500,000 2,000,000 2,000,000 |
9 | DOA – Shepard Building Upgrades 3,920,000 3,785,000 3,785,000 4,540,000 |
10 | DOA – Security Measures State Buildings 950,000 850,000 650,000 650,000 |
11 | DOA - State House Renovations 17,379,000 16,000,000 31,940,000 8,309,000 |
12 | DOA – State Office Building 550,000 300,000 50,000 300,000 |
13 | DOA – State Office Reorganization & |
14 | Relocation 250,000 250,000 250,000 250,000 |
15 | DOA – Veterans Auditorium 275,000 150,000 100,000 100,000 |
16 | DOA – Washington County Government Center 150,000 150,000 150,000 150,000 |
17 | DOA - William Powers Building 2,350,000 1,850,000 1,700,000 200,000 |
18 | DOA - Zambarano Buildings and Campus 400,000 900,000 750,000 150,000 |
19 | DOA – Zambarano LTAC Hospital 23,804,439 24,427,656 24,155,740 0 |
20 | OER – Energy Efficiency 1,000,000 1,000,000 1,000,000 1,000,000 |
21 | EOC – I-195 Redevelopment Commission 700,000 700,000 0 0 |
22 | EOC – Quonset Infrastructure 2,500,000 0 0 0 |
23 | SOS – Rhode Island Archives and History |
24 | Center 4,500,000 0 0 0 |
25 | DCYF – Training School Asset Protection 250,000 250,000 250,000 250,000 |
26 | DOH – Health Laboratories & Medical |
27 | Examiner Equipment 400,000 400,000 400,000 400,000 |
28 | DHS – Blind Vending Facilities 165,000 165,000 165,000 165,000 |
29 | DHS – Veterans Memorial Cemetery |
30 | Asset Protection 250,000 300,000 250,000 300,000 |
31 | DHS – Veterans Home Asset Protection 460,000 800,000 1,025,000 1,050,000 |
32 | BHDDH – DD Residential Support 100,000 100,000 100,000 100,000 |
33 | BHDDH – Hospital Equipment Asset Protection 300,000 300,000 300,000 300,000 |
34 | BHDDH – RISPH Equipment 100,000 100,000 100,000 100,000 |
| LC000670 - Page 40 of 270 |
1 | ELSEC – Davies School Asset Protection 750,000 500,000 500,000 525,000 |
2 | ELSEC – Davies School HVAC 50,000 50,000 50,000 50,000 |
3 | ELSEC - Davies School Wing Renovation 2,500,000 0 0 0 |
4 | ELSEC – School for the Deaf Asset Protection 100,000 100,000 300,000 300,000 |
5 | ELSEC – MET School Asset Protection 250,000 255,000 255,000 265,000 |
6 | URI - Asset Protection 15,236,863 15,528,074 15,885,220 16,250,580 |
7 | URI – Academic Building Improvements 4,542,055 2,350,000 0 0 |
8 | URI – Campus Accessibility 1,700,000 1,000,000 1,000,000 1,000,000 |
9 | URI - Athletics Complex 20,779,251 0 0 0 |
10 | URI - Bay Campus Phase II 16,853,278 0 0 0 |
11 | URI – PFAS Removal Water Treatment Plant 780,269 0 0 0 |
12 | RIC - Asset Protection 6,500,000 6,632,000 6,850,000 6,850,000 |
13 | RIC - Infrastructure Modernization 5,675,000 5,925,000 5,925,000 6,061,275 |
14 | CCRI - Asset Protection 3,369,452 2,780,000 2,870,000 2,936,010 |
15 | CCRI - Accessibility Improvements 125,000 720,000 590,000 0 |
16 | CCRI – Data, Cabling, and Power Infrastructure 4,894,885 3,300,000 0 0 |
17 | CCRI – Flanagan Campus Renovations 2,734,505 0 0 0 |
18 | CCRI – Renovation and Modernization Phase I 10,784,928 4,000,000 0 0 |
19 | CCRI – Renovation and Modernization |
20 | Phase II -IV 2,400,000 600,000 0 0 |
21 | AEC – Asset Protection 50,00 50,000 50,000 55,000 |
22 | OAG – Building Renovations and Repairs 1,150,000 900,000 150,000 155,000 |
23 | DOC – Asset Protection 4,100,000 4,100,000 4,100,000 4,100,000 |
24 | Judiciary – Garrahy Courthouse Restoration 1,125,000 0 0 0 |
25 | Judiciary – Judicial Complexes Asset Protection 1,500,000 1,500,000 1,500,000 1,500,000 |
26 | Judiciary – Judicial Complexes HVAC 500,000 500,000 500,000 500,000 |
27 | Judiciary – Judicial Complexes Fan Coil |
28 | Replacements 750,000 850,000 500,000 500,000 |
29 | Judiciary – Licht Window and masonry Repairs 0 1,500,000 1,545,000 0 |
30 | Military Staff – Asset Protection 1,801,639 1,598,858 2,424,420 1,662,463 |
31 | DPS – Asset Protection 1,335,000 710,000 725,000 300,000 |
32 | DPS – Training Academy Upgrades 695,000 690,000 475,000 600,000 |
33 | RIEMA – RISCON Infrastructure Upgrade 15,000 15,000 0 0 |
34 | DEM – Dam Repair 6,651,030 1,015,000 1,015,000 1,015,000 |
| LC000670 - Page 41 of 270 |
1 | DEM – Facilities Asset Protection 750,000 765,000 765,000 765,000 |
2 | DEM – Fish and Wildlife Facilities 200,000 200,000 200,000 200,000 |
3 | DEM – Fort Adams Rehabilitation 500,000 500,000 500,000 500,000 |
4 | DEM – Natural Resources Offices and |
5 | Visitor's Center 1,836,709 0 0 0 |
6 | DEM – Newport Pier Upgrades 500,000 |
7 | DEM – Port of Galilee 14,113,820 1,500,000 1,500,000 1,500,000 |
8 | DEM – Recreational Facilities Improvements 3,338,551 3,260,000 2,750,000 2,500,000 |
9 | CRMC – Confined Aquatic Dredged |
10 | Material Disposal Cells 20,100,000 0 0 0 |
11 | DOT – Fixed Guideway Commuter Rail 2,350,000 2,770,000 3,190,000 4,210,000 |
12 | DOT - Highway Improvement Program 19,850,000 19,430,000 19,010,000 17,990,000 |
13 | DOT – Bike Path Asset Protection 400,000 400,000 400,000 400,000 |
14 | DOT – Maintenance Facility Improvements 500,000 1,375,000 500,000 500,000 |
15 | DOT - Maintenance Capital Equipment |
16 | Replacement 1,800,000 1,800,000 1,800,000 1,800,000 |
17 | DOT - Salt Storage Facilities 1,150,000 1,500,000 1,500,000 1,500,000 |
18 | DOT – Train Station Asset Protection 500,000 500,000 500,000 500,000 |
19 | DOT – Welcome Center 150,000 150,000 150,000 150,000 |
20 | DOT – RIPTA - Land and Buildings 4,496,992 3,162,119 3,162,119 812,500 |
21 | SECTION 14. Reappropriation of Funding for Rhode Island capital plan fund projects. |
22 | Any unexpended and unencumbered funds from Rhode Island capital plan fund project |
23 | appropriations shall be reappropriated in the ensuing fiscal year and made available for the same |
24 | purpose. However, any such reappropriations are subject to final approval by the general assembly |
25 | as part of the supplemental appropriations act. Any unexpended funds of less than five hundred |
26 | dollars ($500) shall be reappropriated at the discretion of the state budget officer. |
27 | SECTION 15. For the Fiscal Year ending June 30, 2026, the Rhode Island housing and |
28 | mortgage finance corporation shall provide from its resources such sums as appropriate in support |
29 | of the Neighborhood Opportunities Program. The corporation shall provide a report detailing the |
30 | amount of funding provided to this program, as well as information on the number of units of |
31 | housing provided as a result to the director of administration, the chair of the housing resources |
32 | commission, the chair of the house finance committee, the chair of the senate finance committee, |
33 | and the state budget officer. |
34 | SECTION 16. Appropriation of Economic Activity Taxes in accordance with the city of |
| LC000670 - Page 42 of 270 |
1 | Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year |
2 | ending June 30, 2026, all state economic activity taxes to be collected pursuant to § 45-33.4-4, as |
3 | amended (including, but not limited to, the amount of tax revenues certified by the commerce |
4 | corporation in accordance with § 45-33.4-1(13)), for the purposes of paying debt service on bonds, |
5 | funding debt service reserves; paying costs of infrastructure improvements in and around the |
6 | ballpark district, arts district, and the growth center district; funding future debt service on bonds; |
7 | and funding a redevelopment revolving fund established in accordance with § 45-33-1. |
8 | SECTION 17. The appropriations from federal funds contained in section 1 shall not be |
9 | construed to mean any federal funds or assistance appropriated, authorized, allocated or |
10 | apportioned to the State of Rhode Island from the state fiscal recovery fund and capital projects |
11 | fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2026 |
12 | except for those instances specifically designated. |
13 | The State fiscal recovery fund and capital projects fund appropriations herein shall be made |
14 | in support of the following projects: |
15 | Federal Funds - State Fiscal Recovery Fund |
16 | Department of Administration (DOA) |
17 | DOA- Pandemic Recovery Office. These funds shall be allocated to finance the pandemic |
18 | recovery office established within the department of administration. |
19 | Executive Office of Health and Human Services (EOHHS) |
20 | EOHHS - Certified Community Behavioral Clinics. These funds shall be allocated to a |
21 | program to support certified community behavioral health clinics to bolster behavioral health |
22 | supports, medical screening and monitoring, and social services to particularly vulnerable |
23 | populations in response to a rise in mental health needs during the public health emergency. |
24 | Rhode Island Department of Elementary and Secondary Education (ELSEC) |
25 | RIDE - Adult Education Providers. These funds shall be directly distributed through the |
26 | office of adult education to nonprofit adult education providers to expand access to educational |
27 | programs and literary services. |
28 | Department of Public Safety (DPS) |
29 | DPS – Support for Survivors of Domestic Violence. These funds shall be allocated to |
30 | invest in the nonprofit community to provide additional housing, clinical and mental health services |
31 | to victims of domestic violence and sexual assault. This includes increased investments for therapy |
32 | and counseling, housing assistance, job training, relocation aid and case management. |
33 | Federal Funds - Capital Projects Fund |
34 | Department of Administration (DOA) |
| LC000670 - Page 43 of 270 |
1 | DOA - CPF Administration. These funds shall be allocated to the department of |
2 | administration to oversee the implementation of the capital projects fund award from the American |
3 | Rescue Plan Act. |
4 | SECTION 18. Reappropriation of Funding for State Fiscal Recovery Fund and Capital |
5 | Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered |
6 | federal funds from the state fiscal recovery fund and capital projects fund shall be reappropriated |
7 | in the ensuing fiscal year and made available for the same purposes. However, any such |
8 | reappropriations are subject to final approval by the general assembly as part of the supplemental |
9 | appropriations act. |
10 | SECTION 19. The pandemic recovery office shall monitor the progress and performance |
11 | of all programs financed by the state fiscal recovery fund and the capital projects fund. On or before |
12 | October 31, 2023 through January 31, 2025, the office shall provide a report to the speaker of the |
13 | house and senate president, with copies to the chairpersons of the house and senate finance |
14 | committees, on a quarterly basis, identifying programs that are at risk of significant underspending |
15 | or noncompliance with federal or state requirements. Commencing with the report due on April 30, |
16 | 2025, the report will be provided to the speaker of the house and senate president, with copies to |
17 | the chairpersons of the house and senate finance committees, biannually thereafter until and |
18 | including October 31, 2026. The report, at a minimum must include an assessment of how |
19 | programs that are at risk can be remedied. In the event that any state fiscal recovery fund program |
20 | would put the state at risk of forfeiture of federal funds, the governor may reclassify funding from |
21 | the at-risk program to other eligible uses as determined by U.S. Treasury. The governor will notify |
22 | the General Assembly within thirty (30) days of such reclassification. |
23 | SECTION 20. Notwithstanding any general laws to the contrary, the Rhode Island student |
24 | loan authority shall transfer to the state controller by June 30, 2026, the sum of two million nine |
25 | hundred thousand dollars ($2,900,000). |
26 | SECTION 21. This article shall take effect as of July 1, 2025, except as otherwise provided |
27 | herein. |
| LC000670 - Page 44 of 270 |
1 | ARTICLE 2 |
2 | RELATING TO STATE FUNDS |
3 | SECTION 1. Section 24-18-7 of the General Laws in Chapter 24-18 entitled "Municipal |
4 | Road and Bridge Revolving Fund” is hereby amended to read as follows: |
5 | 24-18-7. Procedure for project approval. |
6 | (a) By September 1, 2013, the department shall promulgate rules and regulations |
7 | establishing the project evaluation criteria and the process through which a city or town may submit |
8 | an infrastructure plan. By December 31, 2013, the agency shall promulgate rules and regulations |
9 | to effectuate the provisions of this chapter which may include, without limitation, forms for |
10 | financial assistance applications, loan agreements, and other instruments. All rules and regulations |
11 | promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of |
12 | chapter 35 of title 42. |
13 | (b) Cities and towns shall submit infrastructure plans to the department in accordance with |
14 | the department’s rules and regulations promulgated pursuant to subsection (a) of this section. |
15 | (c) The department shall evaluate all submitted infrastructure plans and, in accordance with |
16 | the project evaluation criteria, identify all eligible projects, and after a public hearing, the |
17 | department shall finalize and provide the agency and statewide planning with a project priority list. |
18 | The agency shall not award financial assistance to any project not listed on the project priority list |
19 | other than as set forth in subsection (f) herein. |
20 | (d) The agency shall not obligate more than fifty percent (50%) of available funding in any |
21 | calendar year to any one city or town unless there are no other eligible projects on the project |
22 | priority list. |
23 | (e) Upon issuance of the project priority list, the agency shall award financial assistance to |
24 | cities and towns for approved projects. The agency may decline to award financial assistance to an |
25 | approved project that the agency determines will have a substantial adverse effect on the interests |
26 | of holders of bonds or other indebtedness of the agency or the interests of other participants in the |
27 | financial assistance program, or for good and sufficient cause affecting the finances of the agency. |
28 | All financial assistance shall be made pursuant to a loan agreement between the agency and the city |
29 | or town, acting by and through the officer or officers, board, committee, or other body authorized |
30 | by law, or otherwise its chief executive officer, according to terms and conditions as determined |
31 | by the agency, and each loan shall be evidenced and secured by the issue to the agency of city or |
32 | town obligations in fully marketable form in principal amount, bearing interest at the rate or rates |
33 | specified in the applicable loan agreement, and shall otherwise bear such terms and conditions as |
34 | authorized by this chapter and/or the loan agreement. |
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1 | (f) Notwithstanding any other provision of this chapter, the agency may provide financial |
2 | assistance for an approved project without the necessity of the approved project being listed on a |
3 | project priority list if the financial assistance for the approved project is to provide match to other |
4 | federal, state, local or other funding for the approved project. |
5 | SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds” |
6 | is hereby amended to read as follows: |
7 | 35-4-27. Indirect cost recoveries on restricted receipt accounts. [Effective January 1, |
8 | 2025.] |
9 | Indirect cost recoveries of fifteen percent (15%) ten percent (10%) of cash receipts shall |
10 | be transferred from all restricted receipt accounts, to be recorded as general revenues in the general |
11 | fund. However, there shall be no transfer from cash receipts with restrictions received exclusively: |
12 | (1) From contributions from nonprofit charitable organizations; (2) From the assessment of indirect |
13 | cost-recovery rates on federal grant funds; or (3) Through transfers from state agencies to the |
14 | department of administration for the payment of debt service. These indirect cost recoveries shall |
15 | be applied to all accounts, unless prohibited by federal law or regulation, court order, or court |
16 | settlement. The following restricted receipt accounts shall not be subject to the provisions of this |
17 | section: |
18 | Executive Office of Health and Human Services |
19 | Organ Transplant Fund |
20 | HIV Care Grant Drug Rebates |
21 | Health System Transformation Project |
22 | Rhode Island Statewide Opioid Abatement Account |
23 | HCBS Support-ARPA |
24 | HCBS Admin Support-ARPA |
25 | Department of Human Services |
26 | Veterans’ home — Restricted account |
27 | Veterans’ home — Resident benefits |
28 | Pharmaceutical Rebates Account |
29 | Demand Side Management Grants |
30 | Veteran’s Cemetery Memorial Fund |
31 | Donations — New Veterans’ Home Construction |
32 | Commodity Supplemental Food Program-Claims |
33 | Department of Health |
34 | Pandemic medications and equipment account |
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1 | Miscellaneous Donations/Grants from Non-Profits |
2 | State Loan Repayment Match |
3 | Healthcare Information Technology |
4 | Department of Behavioral Healthcare, Developmental Disabilities and Hospitals |
5 | Eleanor Slater non-Medicaid third-party payor account |
6 | Hospital Medicare Part D Receipts |
7 | RICLAS Group Home Operations |
8 | Group Home Facility Improvement Fund |
9 | Commission on the Deaf and Hard of Hearing |
10 | Emergency and public communication access account |
11 | Department of Environmental Management |
12 | National heritage revolving fund |
13 | Environmental response fund II |
14 | Underground storage tanks registration fees |
15 | De Coppet Estate Fund |
16 | Rhode Island Historical Preservation and Heritage Commission |
17 | Historic preservation revolving loan fund |
18 | Historic Preservation loan fund — Interest revenue |
19 | Department of Public Safety |
20 | E-911 Uniform Emergency Telephone System |
21 | Forfeited property — Retained |
22 | Forfeitures — Federal |
23 | Forfeited property — Gambling |
24 | Donation — Polygraph and Law Enforcement Training |
25 | Rhode Island State Firefighter’s League Training Account |
26 | Fire Academy Training Fees Account |
27 | Attorney General |
28 | Forfeiture of property |
29 | Federal forfeitures |
30 | Attorney General multi-state account |
31 | Forfeited property — Gambling |
32 | Department of Administration |
33 | OER Reconciliation Funding |
34 | Health Insurance Market Integrity Fund |
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1 | RI Health Benefits Exchange |
2 | Information Technology restricted receipt account |
3 | Restore and replacement — Insurance coverage |
4 | Convention Center Authority rental payments |
5 | Investment Receipts — TANS |
6 | OPEB System Restricted Receipt Account |
7 | Car Rental Tax/Surcharge-Warwick Share |
8 | Grants Management Administration |
9 | RGGI-Executive Climate Change Coordinating Council Projects |
10 | Electric Vehicle Charging Stations Operating and Maintenance Account |
11 | Office of Energy Resources |
12 | OER Reconciliation Funding |
13 | RGGI Executive Climate Change Coordinating Council Projects |
14 | Electric Vehicle Charging Stations Operating and Maintenance Account |
15 | Clean Transportation Programs |
16 | Department of Housing |
17 | Housing Resources and Homelessness Restricted Receipt Account |
18 | Housing Production Fund |
19 | Low-Income Housing Tax Credit Fund |
20 | Department of Revenue |
21 | DMV Modernization Project |
22 | Jobs Tax Credit Redemption Fund |
23 | Legislature |
24 | Audit of federal assisted programs |
25 | Department of Children, Youth and Families |
26 | Children’s Trust Accounts — SSI |
27 | Military Staff |
28 | RI Military Family Relief Fund |
29 | RI National Guard Counterdrug Program |
30 | Treasury |
31 | Admin. Expenses — State Retirement System |
32 | Retirement — Treasury Investment Options |
33 | Defined Contribution — Administration - RR |
34 | Violent Crimes Compensation — Refunds |
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1 | Treasury Research Fellowship |
2 | Business Regulation |
3 | Banking Division Reimbursement Account |
4 | Office of the Health Insurance Commissioner Reimbursement Account |
5 | Securities Division Reimbursement Account |
6 | Commercial Licensing and Racing and Athletics Division Reimbursement Account |
7 | Insurance Division Reimbursement Account |
8 | Historic Preservation Tax Credit Account |
9 | Rhode Island Cannabis Control Commission |
10 | Marijuana Trust Fund |
11 | Social Equity Assistance Fund |
12 | Judiciary |
13 | Arbitration Fund Restricted Receipt Account |
14 | Third-Party Grants |
15 | RI Judiciary Technology Surcharge Account |
16 | Department of Elementary and Secondary Education |
17 | Statewide Student Transportation Services Account |
18 | School for the Deaf Fee-for-Service Account |
19 | School for the Deaf — School Breakfast and Lunch Program |
20 | Davies Career and Technical School Local Education Aid Account |
21 | Davies — National School Breakfast & Lunch Program |
22 | School Construction Services |
23 | Office of the Postsecondary Commissioner |
24 | Higher Education and Industry Center |
25 | IGT STEM Scholarships |
26 | Department of Labor and Training |
27 | Job Development Fund |
28 | Contractor Training Restricted Receipt Account |
29 | Rhode Island Council on the Arts |
30 | Governors’ Portrait Donation Fund |
31 | Statewide records management system account |
32 | SECTION 3. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and |
33 | Control” is hereby amended to read as follows: |
34 | 35-6-1. Controller — Duties in general. |
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1 | (a) Within the department of administration there shall be a controller who shall be |
2 | appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall |
3 | be responsible for accounting and expenditure control and shall be required to: |
4 | (1) Administer a comprehensive accounting and recording system that will classify the |
5 | transactions of the state departments and agencies in accordance with the budget plan; |
6 | (2) Maintain control accounts for all supplies, materials, and equipment for all |
7 | departments and agencies except as otherwise provided by law; |
8 | (3) Prescribe a financial, accounting, and cost accounting system for state departments |
9 | and agencies; |
10 | (4) Identify federal grant-funding opportunities to support the governor’s and general |
11 | assembly’s major policy initiatives and provide technical assistance with the application process |
12 | and post-award grants management; |
13 | (5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse |
14 | for the application of federal grants; |
15 | (6) Pre-audit all state receipts and expenditures; |
16 | (7) Prepare financial statements required by the several departments and agencies, by the |
17 | governor, or by the general assembly; |
18 | (8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of all |
19 | expenditures under authority of the legislative department and the judicial department by the state |
20 | controller shall be purely ministerial, concerned only with the legality of the expenditure and |
21 | availability of the funds, and in no event shall the state controller interpose his or her judgment |
22 | regarding the wisdom or expediency of any item or items of expenditure; |
23 | (9) Prepare and timely file, on behalf of the state, any and all reports required by the |
24 | United States, including, but not limited to, the Internal Revenue Service, or required by any |
25 | department or agency of the state, with respect to the state payroll; and |
26 | (10) Prepare a preliminary closing statement for each fiscal year. The controller shall |
27 | forward the statement to the chairpersons of the house finance committee and the senate finance |
28 | committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by |
29 | September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment |
30 | of the appropriations act, whichever is later. The report shall include but is not limited to: |
31 | (i) A report of all revenues received by the state in the completed fiscal year, together |
32 | with the estimates adopted for that year as contained in the final enacted budget, and together |
33 | with all deviations between estimated revenues and actual collections. The report shall also |
34 | include cash collections and accrual adjustments; |
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1 | (ii) A comparison of actual expenditures with each of the actual appropriations, including |
2 | supplemental appropriations and other adjustments provided for in the Rhode Island general laws; |
3 | (iii) A statement of the opening and closing surplus in the general revenue account; and |
4 | (iv) A statement of the opening surplus, activity, and closing surplus in the state budget |
5 | reserve and cash stabilization account and the state bond capital fund. |
6 | (b) The controller shall provide supporting information on revenues, expenditures, capital |
7 | projects, and debt service upon request of the house finance committee chairperson, senate |
8 | finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor. |
9 | (c) Upon issuance of the audited annual financial statement, the controller shall provide a |
10 | report of the differences between the preliminary financial report and the final report as contained |
11 | in the audited annual financial statement. |
12 | (d) The controller shall create a special fund not part of the general fund and shall deposit |
13 | amounts equivalent to all deferred contributions under this act into that fund. Any amounts |
14 | remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall |
15 | transfer such amounts into the retirement system as appropriate. |
16 | (e) Upon issuance of the audited financial statement, the controller shall transfer fifty |
17 | percent (50%) of all general revenues received in the completed fiscal year net of transfer to the |
18 | state budget reserve and cash stabilization account as required by § 35-3-20 in excess of those |
19 | estimates adopted for that year as contained in the final enacted budget to the employees’ |
20 | retirement system of the state of Rhode Island as defined in § 36-8-2 and fifty percent (50%) to |
21 | the supplemental state budget reserve account as defined in § 35-3-20.2, except that excess |
22 | revenues from fiscal year 2023 shall not be transferred to the supplemental state budget reserve |
23 | account. and that excess revenues from fiscal year 2024 shall not be transferred to the employees’ |
24 | retirement system of the state of Rhode Island and the supplemental state budget reserve account. |
25 | (f) The controller shall implement a direct deposit payroll system for state employees. |
26 | (1) There shall be no service charge of any type paid by the state employee at any time |
27 | which shall decrease the net amount of the employee’s salary deposited to the financial institution |
28 | of the personal choice of the employee as a result of the use of direct deposit. |
29 | (2) Employees hired after September 30, 2014, shall participate in the direct deposit |
30 | system. At the time the employee is hired, the employee shall identify a financial institution that |
31 | will serve as a personal depository agent for the employee. |
32 | (3) No later than June 30, 2016, each employee hired before September 30, 2014, who is |
33 | not a participant in the direct deposit system, shall identify a financial institution that will serve as |
34 | a personal depository agent for the employee. |
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1 | (4) The controller shall promulgate rules and regulations as necessary for implementation |
2 | and administration of the direct deposit system, which shall include limited exceptions to required |
3 | participation. |
4 | (g) The controller shall oversee the office of risk management (§ 37-11-1 et seq.) |
5 | SECTION 4. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled |
6 | “Department of Behavioral Healthcare, Developmental Disabilities and Hospitals” is hereby |
7 | amended to read as follows: |
8 | 40.1-1-13. Powers and duties of the office. |
9 | Notwithstanding any provision of the Rhode Island general laws to the contrary, the |
10 | department of behavioral healthcare, developmental disabilities and hospitals shall have the |
11 | following powers and duties: |
12 | (1) To establish and promulgate the overall plans, policies, objectives, and priorities for |
13 | state substance abuse education, prevention, and treatment; provided, however, that the director |
14 | shall obtain and consider input from all interested state departments and agencies prior to the |
15 | promulgation of any such plans or policies; |
16 | (2) Evaluate and monitor all state grants and contracts to local substance abuse service |
17 | providers; |
18 | (3) Develop, provide for, and coordinate the implementation of a comprehensive state plan |
19 | for substance abuse education, prevention, and treatment; |
20 | (4) Ensure the collection, analysis, and dissemination of information for planning and |
21 | evaluation of substance abuse services; |
22 | (5) Provide support, guidance, and technical assistance to individuals, local governments, |
23 | community service providers, public and private organizations in their substance abuse education, |
24 | prevention, and treatment activities; |
25 | (6) Confer with all interested department directors to coordinate the administration of state |
26 | programs and policies that directly affect substance abuse treatment and prevention; |
27 | (7) Seek and receive funds from the federal government and private sources in order to |
28 | further the purposes of this chapter; |
29 | (8) To act in conjunction with the executive office of health and human services as the |
30 | state’s co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the |
31 | purposes of the calculation of the expenditures relative to the substance abuse block grant and |
32 | federal funding maintenance of effort. The department of behavioral healthcare, developmental |
33 | disabilities and hospitals, as the state’s substance abuse authority, will have the sole responsibility |
34 | for the planning, policy and implementation efforts as it relates to the requirements set forth in |
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1 | pertinent substance abuse laws and regulations including 42 U.S.C. § 300x-21 et seq.; |
2 | (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving |
3 | insurance and managed care systems for substance abuse services in Rhode Island; |
4 | (10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual |
5 | relationships and memoranda of agreement as necessary for the purposes of this chapter; |
6 | (11) To license facilities and programs for the care and treatment of substance abusers and |
7 | for the prevention of substance abuse, and provide the list of licensed chemical dependency |
8 | professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed |
9 | by the department of health pursuant to chapter 69 of title 5) for use by state agencies including, |
10 | but not limited to, the adjudication office of the department of transportation, the district court and |
11 | superior court and the division of probation and parole for referral of individuals requiring |
12 | substance use disorder treatment; |
13 | (12) To promulgate rules and regulations necessary to carry out the requirements of this |
14 | chapter; |
15 | (13) Perform other acts and exercise any other powers necessary or convenient to carry out |
16 | the intent and purposes of this chapter; |
17 | (14) To exercise the authority and responsibilities relating to education, prevention, and |
18 | treatment of substance abuse, as contained in, but not limited to, the following chapters: chapters |
19 | 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]; |
20 | chapter 109 of title 42; chapter 69 of title 5; and § 35-4-18; |
21 | (15) To establish a Medicare Part D restricted-receipt account in the hospitals and |
22 | community rehabilitation services program and the Rhode Island state psychiatric hospital program |
23 | to receive and expend Medicare Part D reimbursements from pharmacy benefit providers consistent |
24 | with the purposes of this chapter; |
25 | (16) To establish a RICLAS group home operations restricted-receipt account in the |
26 | services for the developmentally disabled program to receive and expend rental income from |
27 | RICLAS group clients for group home-related expenditures, including food, utilities, community |
28 | activities, and the maintenance of group homes; |
29 | (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the |
30 | hospitals and community rehabilitation services program to receive and expend reimbursement |
31 | from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid |
32 | eligible; and |
33 | (18) To certify any and all recovery housing facilities directly, or through a contracted |
34 | entity, as defined by department guidelines, which includes adherence to using National Alliance |
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1 | for Recovery Residences (NARR) standards. In accordance with a schedule to be determined by |
2 | the department, all referrals from state agencies or state-funded facilities shall be to certified |
3 | houses, and only certified recovery housing facilities shall be eligible to receive state funding to |
4 | deliver recovery housing services. As of January 1, 2027, all recovery housing facilities shall be |
5 | registered with the department and shall adhere to the NARR certification process. |
6 | SECTION 5. Section 45-12-33 of the General Laws in Chapter 45-12 entitled |
7 | "Indebtedness of Towns and Cities” is hereby amended to read as follows: |
8 | 45-12-33. Borrowing for road and bridge, infrastructure, and school building |
9 | projects. |
10 | (a)(1) In addition to other authority previously granted, during calendar year 2014 a city |
11 | or town may authorize the issuance of bonds, notes, or other evidences of indebtedness to |
12 | evidence loans from the municipal road and bridge revolving fund administered by the Rhode |
13 | Island clean water finance agency Rhode Island infrastructure bank in accordance with chapter 18 |
14 | of title 24. Beginning July 1, 2025, and thereafter, a city or town may authorize the issuance of |
15 | bonds, notes, or other evidences of indebtedness to evidence loans from the municipal road and |
16 | bridge revolving fund administered by the Rhode Island infrastructure bank in accordance with |
17 | chapter 18 of title 24 to provide a match to other federal, state, local or other funding for an |
18 | approved project from the municipal road and bridge revolving fund. |
19 | (2) In addition to other authority previously granted, from July 1, 2015 to June 30, 2016, |
20 | a city or town may authorize the issuance of bonds, notes, or other evidences of indebtedness to |
21 | evidence loans from the efficient buildings fund administered by the Rhode Island clean water |
22 | finance agency infrastructure bank in accordance with chapter 12.2 of title 46 or the school |
23 | building authority capital fund administered by the Rhode Island health and educational building |
24 | corporation in accordance with chapter 38.2 of this title. |
25 | (b) These bonds, notes, or other evidences of indebtedness are subject to the maximum |
26 | aggregate indebtedness permitted to be issued by any city or town under § 45-12-2. |
27 | (c) The denominations, maturities, interest rates, methods of sale, and other terms, |
28 | conditions, and details of any bonds or notes issued under the provisions of this section may be |
29 | fixed by resolution of the city or town council authorizing them, or if no provision is made in the |
30 | resolution, by the treasurer or other officer authorized to issue the bonds, notes or evidences of |
31 | indebtedness; provided, that the payment of principal shall be by sufficient annual payments that |
32 | will extinguish the debt at maturity, the first of these annual payments to be made not later than |
33 | three (3) years, and the last payment not later than twenty (20) years after the date of the bonds. |
34 | The bonds, notes, or other evidences of indebtedness may be issued under this section by |
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1 | any political subdivision without obtaining the approval of its electors, notwithstanding the |
2 | provisions of §§ 45-12-19 and 45-12-20 and notwithstanding any provision of its charter to the |
3 | contrary. |
4 | SECTION 6. This article shall take effect upon passage. |
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1 | ARTICLE 3 |
2 | RELATING TO GOVERNMENT REFORM AND REORGANIZATION |
3 | SECTION 1. Sections 2-26-3, 2-26-4, 2-26-5, 2-26-6, 2-26-7, 2-26-8, 2-26-9, and 2-26-10 |
4 | of the General Laws in Chapter 2-26 entitled “Hemp Growth Act” are hereby amended to read as |
5 | follows: |
6 | 2-26-3. Definitions. |
7 | When used in this chapter, the following terms shall have the following meanings: |
8 | (1) “Applicant” means any person, firm, corporation, or other legal entity who or that, on |
9 | his, her, or its own behalf, or on behalf of another, has applied for permission to engage in any act |
10 | or activity that is regulated under the provisions of this chapter. |
11 | (2) “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana |
12 | sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant; |
13 | and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, |
14 | or resin regardless of cannabinoid content or cannabinoid potency including “marijuana” and |
15 | “industrial hemp” or “industrial hemp products” which satisfy the requirements of this chapter. |
16 | (3) “Cannabidiol” or “CBD” means cannabidiol (CBD) derived from a hemp plant as |
17 | defined in § 2-26-3, not including products derived from exempt cannabis plant material as defined |
18 | in 21 C.F.R. § 1308.35. |
19 | (4) “Department” means the office of cannabis regulation within the department of |
20 | business regulation “Cannabis control commission” or “commission” means the Rhode Island |
21 | cannabis control commission established by § 21-28.11-4. |
22 | (5) “Division” means the division of agriculture in the department of environmental |
23 | management. |
24 | (6) “Grower” means a person or entity who or that produces hemp for commercial |
25 | purposes. |
26 | (7) “Handler” means a person or entity who or that produces or processes hemp or |
27 | agricultural hemp seed into commodities or who manufactures hemp products. |
28 | (8) “Hemp” or “industrial hemp” means the plant Cannabis sativa L. and any part of that |
29 | plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, |
30 | and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of |
31 | not more than three-tenths percent (0.3%) on a dry weight or per volume basis regardless of |
32 | moisture content, and which satisfies the requirements of this chapter. |
33 | (9) “Hemp-derived consumable CBD product” means any product meant for ingestion, |
34 | including, but not limited to, concentrates, extracts, and cannabis-infused foods and products, |
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1 | which contains cannabidiol derived from a hemp plant as defined in this section, which shall only |
2 | be sold to persons age twenty-one (21) or older, and which shall not include products derived from |
3 | exempt cannabis plant material as defined in 21 C.F.R. § 1308.35. |
4 | (10) “Hemp products” or “industrial hemp products” means all products made from the |
5 | plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived |
6 | consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, |
7 | and seed certified for cultivation, which satisfy the requirements of this chapter. |
8 | (11) “Licensed CBD distributor” means a person licensed to distribute hemp-derived |
9 | consumable CBD products pursuant to this chapter. |
10 | (12) “Licensed CBD retailer” means a person licensed to sell hemp-derived consumable |
11 | CBD products pursuant to this chapter. |
12 | (13) “Cannabis office” or “office” means the cannabis office established by § 21-28.11- |
13 | 18.1. |
14 | (13 14) “THC” means tetrahydrocannabinol, the principal psychoactive constituent of |
15 | cannabis. |
16 | (14 15) “THCA” means tetrahydrocannabinol acid. |
17 | 2-26-4. Hemp an agricultural product. |
18 | Hemp is an agricultural product that may be grown as a crop, produced, possessed, |
19 | distributed, sold at retail, and commercially traded pursuant to the provisions of this chapter. |
20 | Hemp is subject to primary regulation by the department commission. The division may assist the |
21 | department commission in the regulation of hemp growth and production. |
22 | 2-26-5. Authority over licensing and sales. |
23 | (a) The department commission shall prescribe rules and regulations for the licensing and |
24 | regulation of hemp growers, handlers, licensed CBD distributors, and licensed CBD retailers and |
25 | persons employed by the applicant not inconsistent with law, to carry into effect the provision of |
26 | this chapter and shall be responsible for the enforcement of the licensing. |
27 | (b) All growers, handlers, licensed CBD distributors, and licensed CBD retailers must |
28 | have a hemp license issued by the department commission. All production, distribution, and retail |
29 | sale of hemp-derived consumable CBD products must be consistent with any applicable state or |
30 | local food processing and safety regulations, and the applicant shall be responsible to ensure its |
31 | compliance with the regulations and any applicable food safety licensing requirements, including, |
32 | but not limited to, those promulgated by the department of health. |
33 | (c) The application for a hemp license shall include, but not be limited to, the following: |
34 | (1)(i) The name and address of the applicant who will supervise, manage, or direct the |
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1 | growing and handling of hemp and the names and addresses of any person or entity partnering or |
2 | providing consulting services regarding the growing or handling of hemp; and |
3 | (ii) The name and address of the applicant who will supervise, manage, or direct the |
4 | distribution or sale of hemp-derived consumable CBD products, and names and addresses of any |
5 | person or entity partnering or providing consulting services regarding the distribution or sale of |
6 | hemp-derived CBD products. |
7 | (2) A certificate of analysis that the seeds or plants obtained for cultivation are of a type |
8 | and variety that do not exceed the maximum concentration of delta-9 THC, as set forth in § 2-26- |
9 | 3; any seeds that are obtained from a federal agency are presumed not to exceed the maximum |
10 | concentration and do not require a certificate of analysis. |
11 | (3)(i) The location of the facility, including the Global Positioning System location, and |
12 | other field reference information as may be required by the department commission with a |
13 | tracking program and security layout to ensure that all hemp grown is tracked and monitored |
14 | from seed to distribution outlets; and |
15 | (ii) The location of the facility and other information as may be required by the |
16 | department commission as to where the distribution or sale of hemp-derived consumable CBD |
17 | products will occur. |
18 | (4) An explanation of the seed-to-sale tracking, cultivation method, extraction method, |
19 | and certificate of analysis or certificate of analysis for the standard hemp seeds or hemp product if |
20 | required by the department commission. |
21 | (5) Verification, prior to planting any seed, that the plant to be grown is of a type and |
22 | variety of hemp that will produce a delta-9 THC concentration of no more than three-tenths of |
23 | one percent (0.3%) on a dry-weight basis. |
24 | (6) Documentation that the licensee and/or its agents have entered into a purchase |
25 | agreement with a hemp handler, processor, distributor, or retailer. |
26 | (7) All applicants: |
27 | (i) Shall apply to the state police, attorney general, or local law enforcement for a |
28 | National Criminal Identification records check that shall include fingerprints submitted to the |
29 | Federal Bureau of Investigation. Upon the discovery of a disqualifying conviction defined in |
30 | subsections (c)(7)(iv) and (c)(7)(v), and in accordance with the rules promulgated by the |
31 | department commission, the state police shall inform the applicant, in writing, of the nature of the |
32 | conviction, and the state police shall notify the department commission, in writing, without |
33 | disclosing the nature of the conviction, that a conviction has been found; |
34 | (ii) In those situations in which no conviction has been found, the state police shall |
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1 | inform the applicant and the department commission, in writing, of this fact; |
2 | (iii) All applicants shall be responsible for any expense associated with the criminal |
3 | background check with fingerprints. |
4 | (iv) Any applicant who has been convicted of any felony offense under chapter 28 of title |
5 | 21, or any person who has been convicted of murder; manslaughter; first-degree sexual assault; |
6 | second-degree sexual assault; first-degree child molestation; second-degree child molestation; |
7 | kidnapping; first-degree arson; second-degree arson; mayhem; robbery; burglary; breaking and |
8 | entering; assault with a dangerous weapon; or any assault and battery punishable as a felony or |
9 | assault with intent to commit any offense punishable as a felony, shall, subject to § 28-5.1-14, be |
10 | disqualified from holding any license or permit under this chapter. The department commission |
11 | shall notify any applicant, in writing, of a denial of a license pursuant to this subsection. |
12 | (v) For purposes of this section, “conviction” means, in addition to judgments of |
13 | conviction entered by a court subsequent to a finding of guilty, or plea of guilty, those instances |
14 | where the defendant has entered a plea of nolo contendere and has received a jail sentence or a |
15 | suspended jail sentence, or those instances wherein the defendant has entered into a deferred |
16 | sentence agreement with the Rhode Island attorney general and the period of deferment has not |
17 | been completed. |
18 | (8) Any other information as set forth in rules and regulations as required by the |
19 | department commission. |
20 | (d) [Deleted by P.L. 2019, ch. 88, art. 15, § 1.] |
21 | (e) The department commission shall issue a hemp license to the grower or handler |
22 | applicant if he, she, or it meets the requirements of this chapter, upon the applicant paying a |
23 | licensure fee of two thousand five hundred dollars ($2,500). The license shall be renewed every |
24 | two (2) years upon payment of a two thousand five hundred dollar ($2,500) renewal fee. Any |
25 | licensee convicted of any disqualifying offense described in subsection (c)(7)(iv) shall, subject to |
26 | § 28-5.1-14, have his, her, or its license revoked. All license fees shall be directed to the |
27 | department commission to help defray the cost of enforcement. The department commission shall |
28 | collect a nonrefundable application fee of two hundred fifty dollars ($250) for each application to |
29 | obtain a license. |
30 | (f) Any grower or handler license applicant or license holder may also apply for and be |
31 | issued one (1) CBD distributor and/or one (1) CBD retailer license at no additional cost, provided |
32 | their grower or handler license is issued or renewed. CBD distributor and CBD retailer licenses |
33 | shall be renewed each year at no additional fee provided the applicant also holds or renews a |
34 | grower and/or handler license. |
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1 | (g) For applicants who do not hold, renew, or receive a grower or handler license, CBD |
2 | distributor and CBD retailer licenses shall have a licensure fee of five hundred dollars ($500). |
3 | The licenses shall be renewed each year upon approval by the department commission and |
4 | payment of a five hundred dollar ($500) renewal fee. |
5 | 2-26-6. Rulemaking authority. |
6 | (a) The department commission shall adopt rules to provide for the implementation of |
7 | this chapter, which shall include rules to require hemp to be tested during growth for THC levels |
8 | and to require inspection of hemp during sowing, growing season, harvest, storage, and |
9 | processing. Included in these rules should be a system requiring the licensee to submit crop |
10 | samples to an approved testing facility, as determined by the department commission for testing |
11 | and verification of compliance with the limits on delta-9 THC concentration. |
12 | (b) The department commission shall prescribe rules and regulations for all operational |
13 | requirements for licensed growers, handlers, CBD distributors, and retailers, and to ensure |
14 | consistency in manufactured products and appropriate packaging, labeling, and placement with |
15 | respect to retail sales not inconsistent with law, to carry in effect the provisions of this chapter. |
16 | (c) The department commission shall not adopt, under this or any other section, a rule |
17 | that would prohibit a person or entity to grow, distribute, or sell hemp based solely on the legal |
18 | status of hemp under federal law. |
19 | (d) The department commission may adopt rules and regulations based on federal law |
20 | provided those rules and regulations are designed to comply with federal guidance and mitigate |
21 | federal enforcement against the licenses issued under this chapter. |
22 | (e) [Deleted by P.L. 2020, ch. 1, § 2 and P.L. 2020, ch. 2, § 2.] |
23 | 2-26-7. Licensure. |
24 | (a) Except as provided in this section, beginning sixty (60) days after the effective date of |
25 | this chapter, the department commission shall accept the application for licensure to cultivate |
26 | hemp submitted by the applicant. |
27 | (b) A person or entity, licensed by the department commission pursuant to this chapter, |
28 | shall allow hemp crops, throughout sowing, year-long growing seasons, harvest storage, and |
29 | processing, manufacturing, and retail facilities to be inspected and tested by and at the discretion |
30 | of the department commission and as required pursuant to any applicable state or local food |
31 | processing and safety regulations, including, but not limited to those, promulgated by the Rhode |
32 | Island department of health. |
33 | 2-26-8. Methods of extraction. |
34 | (a) The department commission shall adopt rules regarding permissible methods of |
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1 | extraction. |
2 | (b) No butane method of extraction shall be permitted by the department commission. |
3 | 2-26-9. Research and educational growth by institutions of higher education. |
4 | (a) The department commission is authorized to certify any higher educational institution |
5 | in Rhode Island to grow or handle, or assist in growing or handling, industrial hemp for the |
6 | purpose of agricultural or academic research where such higher educational institution submits |
7 | the following to the department commission: |
8 | (1) The location where the higher educational institution intends to grow or cultivate the |
9 | industrial hemp; |
10 | (2) The higher educational institution’s research plan; and |
11 | (3) The name of the employee of the higher educational institution who will supervise the |
12 | hemp growth, cultivation, and research. |
13 | (b) Growth for purposes of agricultural and educational research by a higher educational |
14 | institution shall not be subject to the licensing requirements set forth in § 2-26-5. |
15 | (c) The applicant is encouraged to partner with an institution of higher learning within the |
16 | state of Rhode Island to develop best practices for growing and handling hemp. |
17 | (d) The department commission shall maintain a list of each higher education institution |
18 | certified to grow or cultivate industrial hemp under this chapter. |
19 | 2-26-10. Enforcement of violations of chapter. |
20 | (a) Notwithstanding any other provision of this chapter, if the director of the department |
21 | chairperson of the commission, or his or her designee, has cause to believe that a violation of any |
22 | provision of this chapter or any regulations promulgated hereunder has occurred by a licensee |
23 | who or that is under the department’s commission’s jurisdiction pursuant to this chapter, or that |
24 | any person or entity is conducting any activities requiring licensure by the department |
25 | commission under this chapter or the regulations promulgated hereunder without such licensure, |
26 | the director chairperson, or his or her designee, may, in accordance with the requirements of the |
27 | administrative procedures act, chapter 35 of title 42: |
28 | (1) Revoke or suspend a license; |
29 | (2) Levy an administrative penalty in an amount established pursuant to regulations |
30 | promulgated by the department commission; |
31 | (3) Order the violator to cease and desist such actions; |
32 | (4) Require a licensee or person or entity conducting any activities requiring licensure |
33 | under this chapter to take such actions as are necessary to comply with this chapter and the |
34 | regulations promulgated thereunder; or |
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1 | (5) Any combination of the above penalties. |
2 | (b) If the director of the department chairperson of the commission finds that public |
3 | health, safety, or welfare requires emergency action, and incorporates a finding to that effect in |
4 | his or her order, summary suspension of license and/or cease and desist may be ordered pending |
5 | proceedings for revocation or other action. |
6 | SECTION 2. Sections 5-43-1 and 5-43-2 of the General Laws in Chapter 5-43 entitled |
7 | “Instruction in Jiu-Jitsu or Karate” are hereby repealed. |
8 | 5-43-1. City and town licensing power. |
9 | The city and town councils of the several cities and towns may license schools and other |
10 | institutions offering instruction in jiu-jitsu and karate. The fee for this license shall not exceed |
11 | twenty-five dollars ($25.00); provided, that nonprofit organizations and governmental agencies |
12 | shall be exempt from paying that fee. |
13 | 5-43-2. Penalty for violations. |
14 | Any city or town issuing licenses under this chapter may impose a fine not in excess of |
15 | twenty dollars ($20.00) upon anyone convicted of offering instruction in jiu-jitsu or karate without |
16 | that license. |
17 | SECTION 3. Section 16-32-2 of the General Laws in Chapter 16-32 entitled "University |
18 | of Rhode Island [See Title 16 Chapter 97—The Rhode Island Board of Education Act]” is hereby |
19 | amended to read as follows: |
20 | 16-32-2. Board of Trustees established. |
21 | (a) There is hereby created a board of trustees for the university of Rhode Island, sometimes |
22 | referred to as the “board” or “board of trustees,” which shall be and is constituted a public |
23 | corporation, empowered to sue and be sued in its own name; to borrow money; to compromise and |
24 | settle claims; to have a seal; and to make and execute contracts and other instruments necessary or |
25 | convenient to the exercise of its powers; and to exercise all the powers, in addition to those |
26 | specifically enumerated in this chapter, usually appertaining to public corporations entrusted with |
27 | control of postsecondary educational institutions and functions. Upon its organization, the board |
28 | shall be vested with the legal title to all property, real and personal, now owned by and/or under |
29 | the control or in the custody of the council on postsecondary education for the use of the university |
30 | of Rhode Island, including all its departments, divisions, and branches, sometimes referred to as |
31 | the property. |
32 | (b) The board is empowered to hold and operate the property in trust for the state; to |
33 | acquire, hold, and dispose of the property and other like property as deemed necessary for the |
34 | execution of its corporate purposes. The board is made successor to all powers, rights, duties, and |
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1 | privileges for the university of Rhode Island formerly belonging to the council on postsecondary |
2 | education pertaining to postsecondary education and the board of governors for higher education. |
3 | (c) The board shall be the employer of record for the university. It shall retain all authority |
4 | formerly vested in the council on postsecondary education and the board of education regarding |
5 | the employment of faculty and staff at the university of Rhode Island. The board shall appoint the |
6 | president of the university and shall review their performance on an annual basis. |
7 | (1) The board is empowered to enter into contracts and agreements with the council on |
8 | postsecondary education and/or the department of administration related to employee benefits, |
9 | including but not limited to retirement benefits, health, dental, vision and life insurance, disability |
10 | insurance, workers’ compensation, and tuition waivers to maximize the state’s and university’s |
11 | purchasing and investment portfolio and educational opportunities for the benefit of its employees. |
12 | (2) The board is empowered to enter into collective bargaining agreements as appropriate |
13 | with its employees and all existing collective bargaining agreements in effect when the board is |
14 | established pursuant to § 16-32-2.2 shall be transferred from the council on postsecondary |
15 | education to the board. |
16 | (d) The board shall make rules and regulations for the control and use of all public |
17 | properties and highways under its care, and for violations of those rules and regulations; penalties, |
18 | up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district |
19 | court or police court in the city or town where the violation occurs; and, in general, the board shall |
20 | take all actions necessary for the proper execution of the powers and duties granted to, and imposed |
21 | upon, the board by the terms of this chapter. |
22 | (e) The board shall make rules and regulations pursuant to chapter 2 of title 37 to implement |
23 | its responsibilities as a public agency for procurement purposes as defined in § 37-2-7(16). |
24 | (1) Notwithstanding the provisions of § 37-2-22, small procurements made by the board |
25 | and the university shall not exceed an aggregate amount of fifty thousand dollars ($50,000) for |
26 | construction and ten thousand dollars ($10,000) for all other purchases, regardless of the source of |
27 | funding, and shall be made in accordance with small purchase regulations promulgated by the |
28 | board. These thresholds may be increased annually through an amendment to the small purchase |
29 | regulations promulgated by the board of trustees, to reflect the annual increase in the federal |
30 | Consumer Price Index published by the United States Department of Labor from the date of any |
31 | prior adjustment. |
32 | (f) The board shall evaluate data on which to base performance of the university as |
33 | described in subsection (g) of this section which shall be defined by the president of the university. |
34 | These measures may include and incorporate outcomes or goals from multiple, previous years. The |
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1 | lack of information from previous years, however, will not affect the use of performance-based |
2 | measures. |
3 | (g) The university of Rhode Island shall have unique measures consistent with its purpose, |
4 | role, scope, and mission. The board shall provide faculty and students an opportunity to provide |
5 | input on the development of performance measures. |
6 | (1) The performance-based measures shall include, but not be limited to, the following |
7 | metrics: |
8 | (i) The number and percentage, including growth in relation to enrollment and prior years |
9 | of bachelor’s degrees awarded to first-time, full-time students within four (4) years and six (6) |
10 | years, including summer graduates; |
11 | (ii) The number of degrees awarded that are tied to Rhode Island’s high demand, high- |
12 | wage employment opportunities consistent with the institution’s mission; |
13 | (iii) One metric that applies only to the university, in consultation with the president, which |
14 | shall consider faculty, staff, and student input; and |
15 | (iv) Any other metrics that are deemed appropriate by the board. |
16 | (2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission |
17 | of the university, the economic needs of the state, and the socio-economic status of the students. |
18 | (h) The board shall hold the university accountable for developing and implementing |
19 | transfer pathways for students from the community college of Rhode Island and Rhode Island |
20 | college. |
21 | (i) The board shall adopt a process requiring every academic program at the university to |
22 | accept for credit the advanced placement subject test scores of students who obtain a three (3) or |
23 | better in any advanced placement course. |
24 | (j) The board shall supervise, coordinate, and/or authorize audits, civil and administrative |
25 | investigations, and inspections or oversight reviews, when necessary, relating to expenditure of |
26 | state or federal funds, or to any and all university programs and operations, as well as the |
27 | procurement of any supplies, services, or construction, by the university. In the course of an audit |
28 | or investigation, the board authorized auditor(s) shall review statutes and regulations of the |
29 | university and shall determine if the university is in compliance and shall make recommendations |
30 | concerning the efficiency of operations, and the effect of such statutes or regulations on internal |
31 | controls and the prevention and detection of fraud, waste, and abuse. The board authorized |
32 | auditor(s) may recommend policies or procedures that may strengthen internal controls, or assist in |
33 | the prevention or detection of fraud, waste, and abuse or mismanagement. Any audits conducted |
34 | shall be transmitted to the office of internal audit and program integrity established in chapter 7.1 |
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1 | of title 35. |
2 | SECTION 4. Sections 21-28.11-4 and 21-28.11-10.1 of the General Laws in Chapter 21- |
3 | 28.11 entitled “The Rhode Island Cannabis Act” are hereby amended to read as follows: |
4 | 21-28.11-4. Cannabis control commission. |
5 | (a) Establishment of commission. There is hereby established an independent |
6 | commission known as the Rhode Island Cannabis Control Commission (commission). The |
7 | purpose of the commission is to oversee the regulation, licensing and control of adult use and |
8 | medical cannabis and upon transfer of powers pursuant to the provisions of § 21-28.11-10.1, to |
9 | exercise primary responsibility to oversee the regulation, licensing and control of all cannabis and |
10 | marijuana use to include medical marijuana. |
11 | (b) Appointment of commissioners. The Rhode Island Cannabis Control Commission |
12 | shall consist of three (3) voting commissioners as follows: |
13 | (1) The governor shall appoint, with the advice and consent of the senate, the three (3) |
14 | voting members of the commission. The speaker of the house shall, within thirty (30) days of the |
15 | effective date of this chapter, submit to the governor a list of three (3) individuals that the |
16 | governor shall give due consideration in appointing one individual from this list. The governor |
17 | shall appoint the other two (2) commissioners without regard to the list submitted by the speaker |
18 | of the house. The governor shall designate one of the members to serve as chairperson of the |
19 | commission. Within forty (40) days of the effective date of this chapter, the governor shall submit |
20 | to the senate for advice and consent the list of three (3) individuals for appointment to the |
21 | commission along with the governor’s designation of chairperson. |
22 | (2) Prior to appointment to the commission, a background investigation shall be |
23 | conducted into the financial stability, integrity and responsibility of each appointee, including the |
24 | appointee’s reputation for good character, and honesty. No commissioner or commissioner’s |
25 | spouse, or child shall have any interest whatsoever in any entity regulated by the commission. |
26 | (c) Commissioner requirements. Each commissioner shall be a resident of the state |
27 | within ninety (90) days of appointment, and while serving on the commission, shall not: |
28 | (1) Hold, or be a candidate for, federal, state or local elected office; |
29 | (2) Hold an appointed office or other employment in a federal, state or local government; |
30 | or |
31 | (3) Serve as an official in a political party. |
32 | (d) Term Limits. Term limits on the initial commissioners shall be as follows: The |
33 | appointee chosen after consideration of the list provided to the governor by the speaker of the |
34 | house shall serve an initial term of three (3) years and shall be eligible for reappointment in |
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1 | accordance with this section. Of the appointees chosen by the governor without regard to the list |
2 | submitted by the speaker of the house, one shall serve an initial term of two (2) years, and one |
3 | shall serve an initial term of one year and both shall be eligible for reappointment in accordance |
4 | with this section. |
5 | (1) Each initial commissioner is eligible for reappointment for one six (6) year term or |
6 | until a successor is appointed. Each subsequent commissioner shall serve for a term of six (6) |
7 | years or until a successor is appointed. Every person appointed or reappointed to fill a vacancy on |
8 | the cannabis control commission shall be appointed in the manner established pursuant to this |
9 | section. |
10 | (2) If a vacancy is created prior to the expiration of any commissioner’s term, said |
11 | vacancy shall be filled in the manner established pursuant to this section. Any person appointed to |
12 | fill said vacancy shall complete the commissioner’s unexpired term and shall then be eligible for |
13 | reappointment for one additional term pursuant to this section. |
14 | (e) Compensation. The chairperson of the commission shall devote their full time |
15 | attention to the duties of the commission. Upon confirmation, the chairperson shall become a |
16 | state employee and shall receive a salary as determined by the governor subject to appropriation |
17 | by the general assembly. The remaining commissioners shall not be state employees but shall |
18 | receive a monthly stipend as determined by the governor, subject to appropriation by the general |
19 | assembly, and shall devote sufficient time and attention to the commission to adequately perform |
20 | their duties. |
21 | (f) Records. The commission shall keep a record of the proceedings of the commission |
22 | and the chair shall be the custodian and keeper of the records of all books, documents and papers |
23 | filed by the commission and of its minute book. The chair shall cause copies to be made of all |
24 | minutes and other records and documents of the commission and shall certify that such copies are |
25 | true copies and all persons dealing with the commission may rely upon such certification. These |
26 | records shall also be subject to the provisions of title 38, “public records.” The chair shall have |
27 | and exercise supervision and control over all the affairs of the commission. The chair shall |
28 | preside at all hearings at which the chair is present and shall designate a commissioner to act as |
29 | chair in the chair’s absence. To promote efficiency in administration, the chair shall make such |
30 | division or re-division of the work of the commission among the commissioners, as the chair |
31 | deems expedient. |
32 | (g) Conduct of hearings. The commissioners shall, if so directed by the chair, participate |
33 | in the hearing and decision of any matter before the commission. |
34 | (1) For purposes of this section, “formal matter”, as so designated by the chair, shall |
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1 | include all non-procedural matters to include, but not limited to, hearings subject to the provisions |
2 | of chapter 35 of title 42 (the “administrative procedures act”) and all decisions relative to the |
3 | awarding of a license or to the denial or revocation of licenses. A majority of the commissioners |
4 | is required to hear and approve all formal matters. |
5 | (2) For purposes of this section, “procedural matters”, as so designated by the chair, |
6 | include scheduling, inclusion of agenda items, administrative compliance decisions, ministerial |
7 | matters, routine clerical functions, and any other act delegated by the commission to be |
8 | performed by an employee of the commission or the cannabis office. Any procedural or |
9 | administrative matter may be heard, examined and investigated by a single commissioner or an |
10 | employee of the commission or the cannabis office as designated and assigned by the chair, with |
11 | the concurrence of one other commissioner. If designated by the commission or the cannabis |
12 | office, the designated employee shall make a report in writing relative to the hearing, examination |
13 | and investigation of every procedural or administrative matter. For the purposes of hearing, |
14 | examining and investigating any procedural or administrative matter, the designated employee |
15 | shall have all of the powers conferred upon a commissioner by this section. Any procedural or |
16 | administrative decision made by a single commissioner or designated employee may be appealed |
17 | within ten (10) days of issuance of the decision for a hearing before the full commission. |
18 | (3) The commission may designate a hearing officer to conduct hearings and make |
19 | recommendations of decision to the commission in contested cases consistent with chapter 35 of |
20 | title 42. |
21 | (h) Ethics. The provisions of chapter 14 of title 36, the state code of ethics, shall apply to |
22 | the commissioners and to employees operating under the jurisdiction of the commission to |
23 | include, but not limited to, personnel of the cannabis office; provided, however, that the |
24 | commission may promulgate an internal code of ethics for all members and employees that may |
25 | be more restrictive than the provisions of chapter 14 of title 36. A copy of any internal code of |
26 | ethics adopted or as amended shall be filed with the state ethics commission. The internal code |
27 | may include provisions reasonably necessary to carry out the purposes of this chapter. |
28 | (i) Public body. The cannabis control commission shall be a public body for the purposes |
29 | of chapter 46 of title 42 (the “open meetings act”). |
30 | (j) Finance. The commission shall, for the purposes of compliance with state finance |
31 | law, and subject to appropriation by the general assembly, operate as an independent state agency |
32 | and shall be subject to the laws applicable to agencies under the control of the governor; |
33 | provided, however, that the chairperson may identify any additional instructions or actions |
34 | necessary for the department of administration to manage fiscal operations in the state accounting |
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1 | system and meet statewide and other governmental accounting and audit standards. The |
2 | commission shall properly classify the commission’s operating and capital expenditures, and shall |
3 | not include any salaries of employees in the commission’s capital expenditures. Unless otherwise |
4 | exempted by law, the commission shall participate in any other available state administrative |
5 | services including, but not limited to, the state payroll system, the state retirement system, and |
6 | state purchases. |
7 | (k) Prohibition on discrimination. The commission and all personnel and employees |
8 | operating under the jurisdiction of the commission to include, but not limited to, personnel of the |
9 | cannabis office, shall not unlawfully discriminate by considering race, color, religion, sex, sexual |
10 | orientation, gender identity or expression, age, national origin, or disability in granting, denying, |
11 | or revoking a license, nor shall any person, corporation, or business firm which is licensed |
12 | pursuant to the provisions of this chapter unlawfully discriminate against or segregate any person |
13 | based on these grounds. All businesses licensed by the commission shall operate on a |
14 | nondiscriminatory basis, according to equal employment treatment and access to their services to |
15 | all persons, unless otherwise exempted by the laws of the state. Any licensee who fails to comply |
16 | with this policy is subject to any disciplinary action that is consistent with the legal authority and |
17 | rules and regulations of the commission. The commission shall cooperate with the state equal |
18 | opportunity office to prevent any person, corporation, or business firm from unlawfully |
19 | discriminating because of race, color, religion, sex, sexual orientation, gender identity or |
20 | expression, age, national origin, or disability or from participating in any practice which may |
21 | have a disparate effect on any protected class within the population. The state equal opportunity |
22 | office shall monitor the equal employment opportunity activities and affirmative action plans of |
23 | the commission. |
24 | 21-28.11-10.1. Transitional period and transfer of authority. |
25 | (a) To protect public health and public safety, upon the effective date of this chapter |
26 | [May 25, 2022] until final issuance of the commission’s rules and regulations promulgated |
27 | pursuant to the provisions of this chapter, there shall exist a transitional period of regulatory and |
28 | enforcement authority regarding the production, possession, regulation, distribution, sale, and use |
29 | of cannabis relating to the sale by hybrid cannabis retailers of adult use cannabis pursuant to § 21- |
30 | 28.11-10. |
31 | (b) During the transitional period, the office of cannabis regulation shall prescribe such |
32 | forms, procedures, and requirements as necessary to facilitate the acquisition of hybrid retail and |
33 | cultivation licenses by compassion centers and cultivators licensed pursuant to chapter 28.6 of |
34 | this title. |
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1 | (c) Such forms, procedures, and requirements shall be posted on the website of the office |
2 | of cannabis regulation no later than October 15, 2022, at which time an application period will |
3 | commence. Applications shall be received, reviewed, and approved on a rolling basis provided |
4 | that in no case shall an approved hybrid retailer begin adult use sales before December 1, 2022. |
5 | (d) The forms, procedures, and requirements prescribed by the office of cannabis |
6 | regulation shall incorporate, but shall not be limited to, the following: |
7 | (1) Requirements pertaining to the physical premises of hybrid retail licensees. Where |
8 | physically possible these shall include prospective licensee plans to physically separate marijuana |
9 | and marijuana products designated for adult use and medical sales, respectively, in inventory, |
10 | storage, and customer-facing floor and display areas; plans to physically separate sales areas for |
11 | adult use and medical sales, which may be provided by a temporary or semi-permanent physical |
12 | barrier; plans to provide and maintain a patient consultation area that will allow privacy for |
13 | confidential consultation with qualifying patients; and plans to prioritize patient and caregiver |
14 | identification verification and physical entry into retail areas in the event of capacity or other |
15 | constraints; however, if the premises of a hybrid retail licensee does not allow the licensee to |
16 | meet the requirements of this subsection or would cause undue hardship on the licensee, the |
17 | office of cannabis regulation may authorize the hybrid retail licensee to conduct adult use sales at |
18 | an adjunct location. In authorizing any such adjunct location, the office shall require, at a |
19 | minimum, the following: |
20 | (i) The adjunct location must be physically located within the same municipality and |
21 | geographic zone; |
22 | (ii) The adjunct location must comply with all municipal zoning requirements and obtain |
23 | municipal approval; |
24 | (iii) The approval of any adjunct location will not cause undue hardship upon another |
25 | licensed cannabis retailer; and |
26 | (iv) In the instance that an adjunct location is approved by the office, the hybrid cannabis |
27 | retailer shall not be permitted to engage in the sale of cannabis for adult use at more than one |
28 | premises. |
29 | (2) Requirements pertaining to inventory, product, and sales tracking. These shall include |
30 | prospective licensee submission of plans to electronically separate finished marijuana products |
31 | designated for medical or adult use sales in hybrid licensees’ inventory and sales tracking |
32 | systems. If prospective hybrid licensees are conducting cultivation activities, they shall submit |
33 | plans to distinguish between sales of marijuana or finished marijuana products at wholesale based |
34 | on designation for medical or adult use sales. |
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1 | (3) Requirements relating to the maintenance of medical marijuana program service |
2 | levels. These shall include prospective licensee submission of comprehensive policies and |
3 | procedures detailing plans to maintain a sufficient quantity and variety of medical marijuana |
4 | products, and if substitutions of medical marijuana products with adult use marijuana products are |
5 | to be made, a justification for such substitutions. Prospective hybrid licensees shall also be |
6 | required to designate an individual who will be primarily responsible for maintenance of medical |
7 | marijuana program service levels and ongoing compliance with existing program requirements, |
8 | rules, and regulations. |
9 | (4) Requirements relating to operating plans, policies, and procedures. These shall |
10 | include prospective licensee submission, maintenance of, and adherence to a set of written |
11 | standard operating procedures that encompass both adult use and medical marijuana service lines. |
12 | These operating plans and procedures shall take the form of an updated operations manual as |
13 | currently required under medical marijuana program regulations and shall include, but not be |
14 | limited to, policies and procedures relating to the maintenance of medical marijuana program |
15 | service levels as defined in this section. |
16 | (5) Requirements relating to the advertising of cannabis and cannabis products by hybrid |
17 | cannabis retailers who have been permitted to sell adult use cannabis pursuant to the provisions of |
18 | this chapter. |
19 | (e) Notwithstanding the foregoing provisions of this section, all prospective and approved |
20 | applicants for hybrid cannabis retailer and cannabis cultivator licenses under this chapter shall |
21 | maintain compliance with the existing provisions of chapter 28.6 of this title of the general laws |
22 | and the regulations promulgated thereunder until final issuance of the commission’s rules and |
23 | regulations, including, but not limited to, existing restrictions and requirements related to |
24 | financial disclosures; registration of owners, managers, key persons, agents, and employees; |
25 | product testing; packaging and labeling; transportation; and home delivery. |
26 | (f) Forms, procedures, and requirements relating to this transitional period may be |
27 | amended by the office of cannabis regulation or the commission up until the final issuance of the |
28 | commission’s regulations pursuant to the provisions of this chapter at which time the forms, |
29 | procedures, and requirements will be superseded by the commission’s final rules and regulations. |
30 | (g) Upon final issuance of the commission’s rules and regulations, the following shall |
31 | occur: |
32 | (1) All powers, duties and responsibilities of the department of business regulation and |
33 | the office of cannabis regulation with respect to the regulation, administration and enforcement of |
34 | the provisions of chapter 28.6 of this title and chapter 26 of title 2 shall be transferred to the |
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1 | commission or as designated by the commission to the cannabis office. |
2 | (2) All powers, duties and responsibilities of the department of environmental |
3 | management with respect to regulation, administration and enforcement of chapter 28.6 of this |
4 | title shall be transferred to the commission or as designated by the commission to the cannabis |
5 | office. |
6 | (3) All powers, duties and responsibilities of the department of health with respect to |
7 | regulation, administration and enforcement of chapter 28.6 of this title shall be transferred to the |
8 | commission or as designated by the commission to the cannabis office, except for the following: |
9 | (i) Administration of registry identification cards to qualified patients; and |
10 | (ii) Powers delegated to the department pursuant to this chapter or by rules and |
11 | regulations of the commission. |
12 | (4) There shall be established a “cannabis office” with the powers, duties and |
13 | responsibilities authorized pursuant to § 21-28.11-18.1. |
14 | (5) All powers exercised by state agencies, departments and offices pursuant to the |
15 | provisions of subsections (a) and (b) of this section relating to transitional period authority shall |
16 | cease. |
17 | (h) Upon final issuance of the commission’s rules and regulations, whenever the term |
18 | “office of cannabis regulation” appears in any general law or regulation, the term shall mean the |
19 | “cannabis office” as defined in this chapter. |
20 | SECTION 5. Chapter 23-24.12 of the General Laws entitled “Proper |
21 | Management of Unused Paint” is hereby amended by adding thereto the following section: |
22 | 23-24.12-7. Discontinuation of program. |
23 | (a) Effective August 1, 2025, collections of the paint stewardship assessment in |
24 | effect pursuant to this chapter shall be discontinued. Any proposed program expenditures by the |
25 | representative organization after that date shall be subject to approval by the department. |
26 | (b) No later than September 30, 2025, the representative organization shall |
27 | submit to the department for review and approval a plan to wind down and discontinue the paint |
28 | stewardship program. The plan shall include a financial audit of the paint stewardship program as |
29 | of August 1, 2025, conducted by an independent auditor in accordance with generally accepted |
30 | auditing standards. The department, in consultation with the department of revenue, may approve |
31 | the plan as submitted or approve it with conditions as determined by the department. Upon |
32 | approval of the plan the representative organization shall immediately begin implementation. |
33 | (c) No later than December 31, 2025, the representative organization shall |
34 | transfer any remaining program funds to the Rhode Island resource recovery corporation for use |
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1 | in educating the public about the discontinuation of the program and the available options for |
2 | safely disposing of paint. |
3 | SECTION 6. Effective January 1, 2026, Chapter 23-24.12 of the General Laws |
4 | entitled “Proper Management of Unused Paint” is hereby repealed in its entirety. |
5 | CHAPTER 23-24.12 |
6 | Proper Management of Unused Paint |
7 | 23-24.12-1. Purpose. |
8 | (a) To establish a cost-effective, convenient, statewide system for the collection, |
9 | recycling and reuse of post-consumer paint. |
10 | (b) To develop a comprehensive strategy, with the cooperation of state entities, |
11 | producers, and retailers, for the proper management of post-consumer paint in a safe and |
12 | environmentally sound manner. |
13 | (c) To provide fiscal and regulatory consistency for all producers of paint that |
14 | participate in the collection system authorized in this chapter. |
15 | (d) To establish effective collection, recycling, management and education |
16 | programs resulting in collection of amounts of unused paint consistent with the goals and targets |
17 | established pursuant to this chapter. |
18 | 23-24.12-2. Management of unused architectural paint – Definitions. |
19 | (1) “Architectural paint” means interior and exterior architectural coatings sold in |
20 | containers of five (5) gallons or less. Architectural paint does not include industrial, original |
21 | equipment or specialty coatings. |
22 | (2) “Department” means the department of environmental management. |
23 | (3) “Director” means the director of the department of environmental |
24 | management. |
25 | (4) “Distributor” means a company that has a contractual relationship with one or |
26 | more producers to market and sell architectural paint to retailers in this state. |
27 | (5) “Environmentally sound management practices” means procedures for the |
28 | collection, storage, transportation, reuse, recycling and disposal of architectural paint, to be |
29 | implemented by the representative organization or such representative organization’s contracted |
30 | partners to ensure compliance with all applicable federal, state and local laws, regulations and |
31 | ordinances and the protection of human health and the environment. Environmentally sound |
32 | management practices include, but are not limited to, record keeping, the tracking and |
33 | documenting of the use and disposition of post-consumer paint in and outside of this state, and |
34 | environmental liability coverage for professional services and for the operations of the contractors |
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1 | working on behalf of the representative organization. |
2 | (6) “Paint stewardship assessment” means the amount added to the purchase |
3 | price of architectural paint sold in this state that is necessary to cover the cost of collecting, |
4 | transporting and processing post-consumer paint by the representative organization pursuant to |
5 | the paint stewardship program. |
6 | (7) “Post-consumer paint” means architectural paint that is not used and that is no |
7 | longer wanted by a purchaser of architectural paint. |
8 | (8) “Producer” means a manufacturer of architectural paint who sells, offers for |
9 | sale, distributes or contracts to distribute architectural paint in this state. |
10 | (9) “Recycling” means any process by which discarded products, components |
11 | and by-products are transformed into new, usable or marketable materials in a manner in which |
12 | the original products may lose their identity. |
13 | (10) “Representative organization” means the nonprofit organization created by |
14 | producers to implement the paint stewardship program described in § 23-24.11-3. |
15 | (11) “Retailer” means any person who offers architectural paint for sale at retail |
16 | in this state. |
17 | (12) “Reuse” means the return of a product into the economic stream for use in |
18 | the same kind of application as the product was originally intended to be used, without a change |
19 | in the product’s identity. |
20 | (13) “Sell” or “sale” means any transfer of title for consideration including, but |
21 | not limited to, remote sales conducted through sales outlets, catalogues, the Internet or any other |
22 | similar electronic means. |
23 | 23-24.12-3. Establishment of paint stewardship program. |
24 | (a) On or before March 1, 2014, each producer shall join the representative |
25 | organization and such representative organization shall submit a plan for the establishment of a |
26 | paint stewardship program to the department for approval. The program shall minimize the public |
27 | sector involvement in the management of post-consumer paint by reducing the generation of post- |
28 | consumer paint, negotiating agreements to collect, transport, reuse, recycle, and/or burn for |
29 | energy recovery at an appropriately licensed facility post-consumer paint using environmentally |
30 | sound management practices. |
31 | (b) The program shall also provide for convenient and available state-wide |
32 | collection of post-consumer paint that, at a minimum, provides for collection rates and |
33 | convenience greater than the collection programs available to consumers prior to such paint |
34 | stewardship program; propose a paint stewardship assessment; include a funding mechanism that |
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1 | requires each producer who participates in the representative organization to remit to the |
2 | representative organization payment of the paint stewardship assessment for each container of |
3 | architectural paint sold within the state; include an education and outreach program to help ensure |
4 | the success of the program; and, work with the department and Rhode Island commerce |
5 | corporation to identify ways in which the state can motivate local infrastructure investment, |
6 | business development and job creation related to the collection, transportation and processing of |
7 | post-consumer paint. |
8 | (c) The plan submitted to the department pursuant to this section shall: |
9 | (1) Identify each producer participating in the paint stewardship program and the |
10 | brands of architectural paint sold in this state covered by the program; |
11 | (2) Identify how the representative organization will provide convenient, |
12 | statewide accessibility to the program; |
13 | (3) Set forth the process by which an independent auditor will be selected and |
14 | identify the criteria used by the representative organization in selecting independent auditor; |
15 | (4) Identify, in detail, the educational and outreach program that will be |
16 | implemented to inform consumers and retailers of the program and how to participate; |
17 | (5) Identify the methods and procedures under which the paint stewardship |
18 | program will be coordinated with the Rhode Island resource recovery corporation; |
19 | (6) Identify, in detail, the operational plans for interacting with retailers on the |
20 | proper handling and management of post-consumer paint; |
21 | (7) Include the proposed, audited paint assessment as identified in this section; |
22 | (8) Include the targeted annual collection rate; |
23 | (9) Include a description of the intended treatment, storage, transportation and |
24 | disposal options and methods for the collected post-consumer paint; and |
25 | (10) Be accompanied by a fee in the amount of two thousand five hundred dollars |
26 | ($2,500) to be deposited into the environmental response fund to cover the review of said plan by |
27 | the department. |
28 | (d) Not later than sixty (60) days after submission of a plan pursuant to this |
29 | section, the department shall make a determination whether to: |
30 | (1) Approve the plan as submitted; |
31 | (2) Approve the plan with conditions; or |
32 | (3) Deny the plan. |
33 | (e) Not later than three (3) months after the date the plan is approved, the |
34 | representative organization shall implement the paint stewardship program. |
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1 | (f) On or before March 1, 2014, the representative organization shall propose a |
2 | uniform paint stewardship assessment for all architectural paint sold in this state. Such proposed |
3 | paint stewardship assessment shall be reviewed by an independent auditor to assure that such |
4 | assessment is consistent with the budget of the paint stewardship program described in this |
5 | section and such independent auditor shall recommend an amount for such paint stewardship |
6 | assessment to the department. The department shall be responsible for the approval of such paint |
7 | stewardship assessment based upon the independent auditor’s recommendation. If the paint |
8 | stewardship assessment previously approved by the department pursuant to this section is |
9 | proposed to be changed, the representative organization shall submit the new, adjusted uniform |
10 | paint stewardship assessment to an independent auditor for review. After such review has been |
11 | completed, the representative organization shall submit the results of said auditor’s review and a |
12 | proposal to amend the paint stewardship assessment to the department for review. The department |
13 | shall review and approve, in writing, the adjusted paint stewardship assessment before the new |
14 | assessment can be implemented. Any proposed changes to the paint stewardship assessment shall |
15 | be submitted to the department no later than sixty (60) days prior to the date the representative |
16 | organization anticipates the adjusted assessment to take effect. |
17 | (g) On and after the date of implementation of the paint stewardship program |
18 | pursuant to this section, the paint stewardship assessment shall be added to the cost of all |
19 | architectural paint sold to retailers and distributors in this state by each producer. On and after |
20 | such implementation date, each retailer or distributor, as applicable, shall add the amount of such |
21 | paint stewardship assessment to the purchase price of all architectural paint sold in this state. |
22 | (h) Any retailer may participate, on a voluntary basis, as a paint collection point |
23 | pursuant to such paint stewardship program and in accordance with any applicable provision of |
24 | law or regulation. |
25 | (i) Each producer and the representative organization shall be immune from |
26 | liability for any claim of a violation of antitrust law or unfair trade practice if such conduct is a |
27 | violation of antitrust law, to the extent such producer or representative organization is exercising |
28 | authority pursuant to the provisions of this section. |
29 | (j) Not later than the implementation date of the paint stewardship program, the |
30 | department shall list the names of participating producers the brands of architectural paint |
31 | covered by such paint stewardship program and the cost of the approved paint stewardship |
32 | assessment on its website. |
33 | (k)(1) On and after the implementation date of the paint stewardship program, no |
34 | producer, distributor or retailer shall sell or offer for sale architectural paint to any person in this |
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1 | state if the producer of such architectural paint is not a member of the representative organization. |
2 | (2) No retailer or distributor shall be found to be in violation of the provisions of |
3 | this section if, on the date the architectural paint was ordered from the producer or its agent, the |
4 | producer or the subject brand of architectural paint was listed on the department’s website in |
5 | accordance with the provisions of this section. |
6 | (l) Producers or the representative organization shall provide retailers with |
7 | educational materials regarding the paint stewardship assessment and paint stewardship program |
8 | to be distributed at the point of sale to the consumer. Such materials shall include, but not be |
9 | limited to, information regarding available end-of-life management options for architectural paint |
10 | offered through the paint stewardship program and information that notifies consumers that a |
11 | charge for the operation of such paint stewardship program is included in the purchase price of all |
12 | architectural paint sold in this state. |
13 | (m) On or before October 15, 2015, and annually thereafter, the representative |
14 | organization shall submit a report to the director of the department of environmental management |
15 | that details the paint stewardship program. Said report shall include a copy of the independent |
16 | audit detailed in subdivision (4) below. Such annual report shall include, but not be limited to: |
17 | (1) A detailed description of the methods used to collect, transport and process |
18 | post-consumer paint in this state; |
19 | (2) The overall volume of post-consumer paint collected in this state; |
20 | (3) The volume and type of post-consumer paint collected in this state by method |
21 | of disposition, including reuse, recycling and other methods of processing or disposal; |
22 | (4) The total cost of implementing the program, as determined by an independent |
23 | financial audit, as performed by an independent auditor; |
24 | (5) An evaluation of the adequacy of the program’s funding mechanism; |
25 | (6) Samples of all educational materials provided to consumers of architectural |
26 | paint and participating retailers; and |
27 | (7) A detailed list of efforts undertaken and an evaluation of the methods used to |
28 | disseminate such materials including recommendations, if any, for how the educational |
29 | component of the program can be improved. |
30 | (n) The representative organization shall update the plan, as needed, when there |
31 | are changes proposed to the current program. A new plan or amendment will be required to be |
32 | submitted to the department for approval when: |
33 | (1) There is a change to the amount of the assessment; or |
34 | (2) There is an addition to the products covered under the program; or |
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1 | (3) There is a revision of the product stewardship organization’s goals: or |
2 | (4) Every four (4) years, if requested, in writing, by the department the |
3 | representative organization shall notify the department annually, in writing, if there are no |
4 | changes proposed to the program and the representative organization intends to continue |
5 | implementation of the program as previously approved by the department. |
6 | 23-24.12-4. Regulations. |
7 | The department shall promulgate regulations recognizing conditionally exempt small |
8 | quantity generators of hazardous waste consistent with federal Environmental Protection Agency |
9 | standards. The department is hereby authorized to promulgate additional rules and regulations as |
10 | necessary to implement and carry out the provisions of this chapter. |
11 | 23-24.12-5. Violations. |
12 | A violation of any of the provisions of this chapter or any rule or regulation |
13 | promulgated pursuant to § 23-24.11-4 shall be punishable by a civil penalty not to exceed one |
14 | thousand dollars ($1,000). In the case of a second and any subsequent violation, the civil penalty |
15 | shall not exceed five thousand dollars ($5,000) for each violation. |
16 | 23-24.12-6. Reporting to the general assembly. |
17 | Not later than January 15, 2016, and biennially thereafter, the director shall |
18 | submit a report to the general assembly that describes the results and activities of the paint |
19 | stewardship program as enacted pursuant to this chapter including any recommendations to |
20 | improve the functioning and efficiency of the paint collection program, as necessary. |
21 | SECTION 7. Section 28-42-51 of the General Laws in Chapter 28-42 entitled |
22 | "Employment Security — General Provisions" is hereby amended to read as follows: |
23 | 28-42-51. Additional functions and duties of director of administration. |
24 | In addition to and/or in lieu of the sections enumerated in § 28-42-50, the director of |
25 | administration shall perform, at the department of labor and training, in the manner and to the |
26 | extent that the director may prescribe, the following functions and duties: |
27 | (1) Establish and maintain a current system of internal financial controls and checks |
28 | necessary to insure the proper handling of accounts in connection with the employment security |
29 | fund and the employment security administration account created by this chapter, by conducting a |
30 | continuous pre-audit or a continuous post-audit or by conducting a combination of both (pre-audit |
31 | or post-audit). The cost of these post-audit activities by the office of internal audit and program |
32 | integrity in the department of administration shall be reimbursed in full by the department; |
33 | (2) Establish and maintain any methods, procedures, and systems of accounting that may |
34 | be deemed necessary; those records and accounts to be considered, for all purposes, the official |
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1 | records of the state and department; |
2 | (3) Prepare and furnish financial and any other reports that may be required; and |
3 | (4) Perform any other related functions and duties that may be required by chapters 42 — |
4 | 44 of this title. |
5 | SECTION 8. Section 35-1.1-4 of the General Laws in Chapter 35-1.1 entitled "Office of |
6 | Management and Budget" is hereby amended to read as follows: |
7 | 35-1.1-4. Offices and functions assigned to the office of management and budget — |
8 | Powers and duties. |
9 | (a) The offices assigned to the office of management and budget include the budget |
10 | office, the office of regulatory reform, the performance management office, and the office of |
11 | internal audit and program integrity. |
12 | (b) The offices assigned to the office of management and budget shall: |
13 | (1) Exercise their respective powers and duties in accordance with their statutory |
14 | authority and the general policy established by the governor or by the director acting on behalf of |
15 | the governor or in accordance with the powers and authorities conferred upon the director by this |
16 | chapter; |
17 | (2) Provide such assistance or resources as may be requested or required by the governor |
18 | and/or the director; |
19 | (3) Provide such records and information as may be requested or required by the |
20 | governor and/or the director, to the extent allowed under the provisions of any applicable general |
21 | or public law, regulation, or agreement relating to the confidentiality, privacy, or disclosure of |
22 | such records or information; and |
23 | (c) Except as provided herein, no provision of this chapter or application thereof shall be |
24 | construed to limit or otherwise restrict the budget officer from fulfilling any statutory requirement |
25 | or complying with any valid rule or regulation. |
26 | SECTION 9. Section 35-3-24.1 of the General Laws in Chapter 35-3 entitled "State |
27 | Budget" is hereby amended to read as follows: |
28 | 35-3-24.1. Program performance measurement. |
29 | (a) Beginning with the fiscal year ending June 30, 1997, the governor shall submit, as |
30 | part of each budget submitted to the general assembly pursuant to § 35-3-7, performance |
31 | objectives for each program in the budget for the ensuing fiscal year, estimated performance data |
32 | for the fiscal year in which the budget is submitted, and actual performance data for the preceding |
33 | two (2) completed fiscal years. Performance data shall include efforts at achieving equal |
34 | opportunity hiring goals as defined in the department’s annual affirmative action plan. The |
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1 | governor shall, in addition, recommend appropriate standards against which to measure program |
2 | performance. Performance in prior years may be used as a standard where appropriate. These |
3 | performance standards shall be stated in terms of results obtained. |
4 | (b) The governor may submit, in lieu of any part of the information required to be |
5 | submitted pursuant to subsection (a), an explanation of why the information cannot as a practical |
6 | matter be submitted. |
7 | (c)(1) The office of management and budget shall be responsible for managing and |
8 | collecting program performance measures on behalf of the governor. The office is authorized to |
9 | conduct performance reviews and audits of agencies to determine the manner and extent to which |
10 | executive branch agencies achieve intended objectives and outcomes. |
11 | (2) In order to collect performance measures from agencies, review performance, and |
12 | provide recommendations, the office of budget and management is authorized to coordinate with |
13 | the office of internal audit and program integrity regarding the findings and recommendations |
14 | that result from audits conducted by the office. |
15 | (3) In order to facilitate the office of management and budget’s performance reviews, |
16 | agencies must generate and provide timely access to records, reports, analyses, audits, reviews, |
17 | documents, papers, recommendations, contractual deliverables, or other materials available |
18 | relating to agency programs and operations. |
19 | (4) In order to ensure alignment of executive branch agency operations with the state’s |
20 | priorities, the office of management and budget may produce, with all necessary cooperation |
21 | from executive branch agencies, analyses and recommendations to improve program |
22 | performance, conduct evidence-based budgeting, and respond to sudden shifts in policy |
23 | environments. |
24 | (5) In order to gain insight into performance or outcomes and inform policymaking and |
25 | program evaluation, the office of management and budget may lead, manage, and/or coordinate |
26 | interagency and cross-system collaboration or integration initiatives. |
27 | SECTION 10. Section 35-7-15 of the General Laws in Chapter 35-7 entitled "Post Audit |
28 | of Accounts” is hereby amended to read as follows: |
29 | 35-7-15. Audit of information security systems. |
30 | (a) The general assembly recognizes that the security of government computer systems is |
31 | essential to ensuring the stability and integrity of vital information gathered and stored by the |
32 | government for the benefit of the citizenry and the breach of security over computer systems |
33 | presents a risk to the health, safety, and welfare of the public. It is the intent of the legislature to |
34 | ensure that government computer systems and information residing on these systems are |
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1 | protected from unauthorized access, compromise, sabotage, hacking, viruses, destruction, illegal |
2 | use, cyber attack, or any other act that might jeopardize or harm the computer systems and the |
3 | information stored on them. |
4 | (b) In conjunction with the powers and duties outlined in this chapter, the office of |
5 | internal audit and program integrity may conduct reviews and assessments of the various |
6 | government computer systems and the security systems established to safeguard these computer |
7 | systems. Computer systems subject to this section shall include systems that pertain to federal, |
8 | state, or local programs, and quasi-governmental bodies, and the computer systems of any entity |
9 | or program that is subject to audit by the office of internal audit and program integrity. The office |
10 | of internal audit’s and program integrity’s review may include an assessment of system |
11 | vulnerability, network penetration, potential security breaches, and susceptibility to cyber attack |
12 | and cyber fraud. |
13 | (c) The office of internal audit and program integrity’s findings shall be deemed public |
14 | records and available for public inspection; provided, however, in the event the review indicates a |
15 | computer system is vulnerable, or security over the system is otherwise deficient, reasonably |
16 | segregable portions of the findings shall be subject to public inspection after the redaction of any |
17 | information, the disclosure of which, would endanger the security of the system or reveal the |
18 | specific nature of the vulnerabilities found. Notwithstanding any other provision of law to the |
19 | contrary, the work papers developed in connection with the review of computer systems and the |
20 | security over those systems authorized by this section shall not be deemed public records and are |
21 | not subject to disclosure. |
22 | (d) In order to maintain the integrity of the computer system, the office of internal audit |
23 | and program integrity may procure the services of specialists in information security systems or |
24 | other contractors deemed necessary in conducting reviews under this section, and in procuring |
25 | those services shall be exempt from the requirements of the state purchasing law or regulation. |
26 | (e) Any outside contractor or vendor hired to provide services in the review of the |
27 | security of a computer system shall be bound by the confidentiality provisions of this section. |
28 | SECTION 11. TITLE 35 of the General Laws entitled “Public Finance” is hereby |
29 | amended as follows: |
30 | CHAPTER 7.1 |
31 | The Office of Internal Audit and Program Integrity |
32 | SECTION 12. Sections 35-7.1-1, 35-7.1-2, 35-7.1-3, 35-7.1-4, 35-7.1-6, 35-7.1-8, and |
33 | 35-7.1-10 of the General Laws in Chapter 35-7.1 entitled "The Office of Internal Audit" are |
34 | hereby amended to read as follows: |
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1 | 35-7.1-1. Establishment of the office of internal audit and program integrity. |
2 | (a) There is hereby established within the office of management and budget an office of |
3 | internal audit and program integrity. Within the office of internal audit and program integrity, |
4 | there shall be a chief, appointed by the director of administration, who shall be the administrative |
5 | head of the office. The person so selected to be the chief shall be selected without regard to |
6 | political affiliation and with a demonstrated ability in the following areas: accounting, auditing, |
7 | financial analysis, investigation, management analysis, and public administration. The office of |
8 | internal audit and program integrity will report to the office of management and budget director. |
9 | Any reference in general law to the “bureau of audits” or “office of internal audit” shall mean the |
10 | office of internal audit and program integrity. |
11 | (b) The purpose of the office is to prevent and detect fraud, waste, abuse, and |
12 | mismanagement in the expenditure of public funds including: |
13 | (1) All state programs and operations; |
14 | (2) The procurement of any supplies, services, or construction by state agencies, bureaus, |
15 | divisions, sections, departments, offices, commissions, institutions, and activities of the state; and |
16 | (3) The procurement or expenditure of public funds by organizations or individuals. |
17 | (bc) The chief of the office of internal audit and program integrity shall not hold, or be a |
18 | candidate for, any elective or any other appointed public office while a chief. No current chief |
19 | shall hold a position in any political party or political committee, or, aside from voting, actively |
20 | engage in the political campaign of any candidate for public office that may cause a real or |
21 | perceived conflict of interest, or participate as a board member of any entity that receives state or |
22 | federal funding. |
23 | (cd) No employee of the office of internal audit and program integrity shall hold, or be a |
24 | candidate for, any elective public office while an employee, nor shall he/she hold a position in |
25 | any political party or political committee or, aside from voting, actively engage in a political |
26 | campaign of any candidate for public office that may cause a real or perceived conflict of interest, |
27 | or participate as a board member of any not for profit entity that receives state or federal funding. |
28 | (de) Purposes and scope. The office of internal audit and program integrity is authorized |
29 | to conduct audits of any state department, state agency, or private entity that is a recipient of state |
30 | funding or state grants. In addition, the office of internal audit and program integrity is |
31 | authorized, but not limited to, evaluating the efficiency of operations and internal controls, |
32 | preventing and detecting fraud, waste, abuse, or mismanagement in the expenditure of public |
33 | funds, whether federal, state, or local, that are related to any and all state programs and operations |
34 | as well as the procurement of any goods, services, or construction, by public bodies. As deemed |
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1 | necessary or expedient by the office of internal audit and program integrity, audits may be made |
2 | relative to the financial affairs or the economy and efficiency of management of each department, |
3 | agency or public body. The office of internal audit and program integrity shall determine which |
4 | such audits shall be performed in accordance with a risk-based evaluation. |
5 | (ef) “Public body” or “public bodies” under this chapter shall mean state agencies, |
6 | bureaus, divisions, departments, offices, commissions, boards, institutions, including the public |
7 | institutions of higher education, districts, authorities, quasi-agencies, or political subdivisions |
8 | created by the general assembly, or the governor. “Public body” shall also include any city and |
9 | town within the state of Rhode Island but municipal audits under this chapter shall only cover the |
10 | expenditure of state or federal funds distributed by the state. Audits and investigations of public |
11 | bodies may include the expenditures by nongovernmental agencies of federal, state, and local |
12 | public funds. |
13 | 35-7.1-2. Duties. |
14 | (a) The chief of internal audit and program integrity shall supervise, coordinate, and/or |
15 | conduct audits, civil and administrative investigations, and inspections or oversight reviews, |
16 | when necessary, relating to expenditure of state or federal funds, or to any and all state programs |
17 | and operations, as well as the procurement of any supplies, services, or construction, by public |
18 | bodies. In the course of an audit or investigation, the office of internal audit and program integrity |
19 | shall review statutes and regulations of the public body and shall determine if such a public body |
20 | is in compliance and shall make recommendations concerning the efficiency of operations, and |
21 | the effect of such statutes or regulations on internal controls and the prevention and detection of |
22 | fraud, waste and abuse. The chief of internal audit and program integrity may recommend |
23 | policies or procedures that may strengthen internal controls, or assist in the prevention or |
24 | detection of fraud, waste, and abuse or mismanagement. |
25 | (b) The person, or persons, with legal authority for any public body may request the |
26 | assistance of the office of internal audit and program integrity. Any such request must include the |
27 | scope of services requested and the work to be performed. In such events, the chief, with the |
28 | approval of the director of management and budget, may assign personnel to conduct, supervise, |
29 | or coordinate such activity as deemed necessary and appropriate to perform his/her duties in a |
30 | diligent and prudent manner. The expenses for any such assistance requested by the public body |
31 | shall be reimbursed by the public body to the office of internal audit and program integrity. The |
32 | chief may recommend policies for the conduct, supervision, or coordination of the relationship, |
33 | between state and other state, local governmental agencies as well as federal governmental |
34 | agencies and nongovernmental entities with respect to all matters relating to the prevention and |
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1 | detection of fraud, waste, abuse or mismanagement in or relating to any and all programs and |
2 | activities of the state of Rhode Island. |
3 | (c) When it is determined by the office of internal audit and program integrity that an |
4 | audit is necessary because there is sufficient evidence to believe that there may have been fiscal |
5 | impropriety, wrongdoing, or fiscal mismanagement by any agent, employee, board member, or |
6 | commissioner of any public body, the office of internal audit and program integrity may conduct |
7 | a forensic examination of such entity. All costs associated with the forensic examination shall be |
8 | paid, as deemed appropriate, either by the examined entity or by an appropriation by the general |
9 | assembly. Such costs shall include, but not be limited to, the following expenses: |
10 | (1) One hundred percent (100%) of the total salaries and benefits paid to the examining |
11 | personnel of the office of internal audit and program integrity engaged in those examinations; |
12 | (2) All costs associated with the procurement of a forensic consultant; |
13 | (3) All costs associated with a consultant that provides expertise pertinent to the |
14 | examinee’s operations; |
15 | (4) All reasonable administrative and technology costs related to the forensic examination |
16 | process. Technology costs shall include the actual cost of software and hardware utilized in the |
17 | examination process and the cost of training examination personnel in the proper use of the |
18 | software and hardware. |
19 | (d) The chief of internal audit and program integrity, or their designee, may investigate |
20 | reports of any person who, either prior to, or at the time of, or subsequent to the application for |
21 | public assistance: |
22 | (1) Willfully makes a false statement or misrepresentation; |
23 | (2) Impersonates someone else; |
24 | (3) Willfully fails to disclose a material fact regarding eligibility or other fraudulent |
25 | means; or |
26 | (4) Secures, aids, or abets, or attempts to secure, aid, or abet, others in securing public |
27 | assistance (including Supplemental Nutrition Assistance Program (SNAP) or Medicaid) through |
28 | fraudulent actions. |
29 | (e) The chief of internal audit and program integrity, or their designee, is authorized to: |
30 | (1) Coordinate, conduct, and/or support investigations aimed at preventing detecting, |
31 | fraud, waste, abuse, and mismanagement in public assistance programs; |
32 | (2) Coordinate and support state and local efforts to investigate and eliminate fraud in |
33 | public assistance programs; |
34 | (3) Work to recover both state and federal funds related to fraudulent activities. |
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1 | (f) In the course of these investigations, the office of internal audit and program integrity |
2 | shall collaborate with local law enforcement agencies, the Rhode Island department of human |
3 | services, the Rhode Island state police, the Rhode Island attorney general, or other local, state, |
4 | and federal entities as needed to complete the investigations. |
5 | (g) The office shall identify methods to implement innovative technology and data |
6 | sharing in order to detect, analyze, and prevent fraud, waste, and abuse. |
7 | 35-7.1-3. Investigations or management advisory and consulting services upon |
8 | request of governor or general assembly. |
9 | The office of internal audit and program integrity may, upon the written request of the |
10 | governor or of the general assembly, conduct audits, provide management advisory and |
11 | consulting services, or conduct investigations relative to the financial affairs or the economy and |
12 | efficiency of management, or both, of any public bodies as defined in § 35-7.1-1(e). The office of |
13 | internal audit and program integrity may, from time to time, make such investigations and |
14 | additional reports to the governor, the director of the department of administration, the director of |
15 | the office of management and budget, and the general assembly as deemed necessary or |
16 | advisable. |
17 | 35-7.1-4. Management advisory and consulting services provided to public bodies. |
18 | When requested in writing by a public body to the chief, the office of internal audit and |
19 | program integrity may provide management advisory or consulting services to the public body. |
20 | Any such request must include the scope of services requested and a schedule for the work to be |
21 | performed. |
22 | 35-7.1-6. Inspection of records, and papers, and witness testimony – Investigations |
23 | and Subpoenas. |
24 | (a) The chief, in carrying out the duties outlined in this chapter, shall have access to all |
25 | records, reports, audits, reviews, papers, books, documents, recommendations, correspondence, |
26 | including information relative to the purchase of goods or services or anticipated purchase of |
27 | goods or services, from any agent, contractor, or vendor by any public body, as defined in § 35- |
28 | 7.1-1(e), and any other data and material that is maintained by or available to any public body |
29 | regardless of the media in which it is maintained which is in any way related to the programs and |
30 | operations with respect to public bodies. |
31 | (b) The chief may request information and records, cooperation, and assistance from any |
32 | state, or local governmental agency as may be necessary for carrying out his/her duties and |
33 | responsibilities. Upon receipt of such request, each person in charge of the public body shall |
34 | furnish to the chief, or his/her authorized agent or representative, such information and records, |
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1 | cooperation and assistance, including information relative to the purchase of goods or services or |
2 | anticipated purchase of goods or services from any contractor or vendor by any public body, |
3 | within ten (10) business days of receipt of the chief’s request. If the public body is unable to |
4 | comply with the request for records and/or information within (10) business days, the public body |
5 | must notify the chief, prior to the expiration of the ten (10) business days, in writing as to the |
6 | reason, or reasons, why the request cannot be fulfilled within this time and whether additional |
7 | time is necessary. |
8 | (c) The chief may initiate and conduct audits, investigations, and compliance reviews and |
9 | shall prepare detailed findings, conclusions, and recommendations concerning the administration |
10 | of programs or operations, and internal controls over processes of public bodies. |
11 | (d) The chief shall have direct and prompt access to any public body, its agents, officers, |
12 | and employees when necessary for any purpose pertaining to the performance of his/her duties |
13 | and responsibilities under this chapter. |
14 | (e) In furtherance of carrying out any of the duties of this chapter, the chief may request, |
15 | with the written approval of the director of the department of administration and through an |
16 | administrative subpoena, the attendance and testimony of witnesses and the production of books, |
17 | records, and other evidence relevant to an active fraud investigation as described in this chapter. |
18 | The subpoena shall specify the time, date, and place where the witness is to respond. Within |
19 | twenty (20) days after the service of the subpoena or at any time before the return date specified |
20 | in the subpoena, whichever period is shorter, the person served may file in a state superior court |
21 | and serve upon the unit and the attorney general a civil petition for an order of the court |
22 | modifying or setting aside the subpoena. The petition shall specify each ground upon which the |
23 | petitioner is seeking relief. If a person neglects or refuses to comply with any request to provide |
24 | testimony or produce books, records, and other evidence relevant to an investigation, the office of |
25 | internal audit and program integrity or the attorney general may petition the superior court for an |
26 | order compelling the person to answer the request. Books, records, and other evidence obtained |
27 | through an administrative subpoena that are not used in a court proceeding shall be destroyed as |
28 | soon as practicable. |
29 | 35-7.1-8. Reports to the state police. |
30 | In carrying out his/her duties and responsibilities, the chief shall report to the Rhode |
31 | Island state police whenever the chief has reasonable grounds to believe there has been a |
32 | violation of federal or state criminal law. The chief shall also refer findings to the state ethics |
33 | commission, or to any other federal, state, or local agency with an interest in said findings, in the |
34 | discretion of the chief. Any referrals made under this section shall not be made public by the |
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1 | office of internal audit and program integrity. |
2 | 35-7.1-10. Audit and Annual and interim reports. |
3 | (a) The office of internal audit and program integrity shall prepare an annual report |
4 | summarizing the activities of the office of internal audit and program integrity for the prior fiscal |
5 | year. The office of internal audit and program integrity may also prepare interim performance |
6 | reports. These reports shall be presented to the director of management and budget. The annual |
7 | reports shall be posted on the office’s website. |
8 | (b) The annual report shall include, but not be limited to: a general description of |
9 | significant problems in the areas of efficiencies, internal controls, fraud, waste, and abuse within |
10 | programs and operations within the jurisdiction of the office; a general description of the |
11 | recommendations for corrective actions made by the office during the reporting period with |
12 | respect to significant deficiencies in the areas of efficiencies, internal controls, fraud, waste, and |
13 | abuse; the identification of each significant recommendation described in previous annual reports |
14 | on which corrective action has not been completed; a summary of matters referred to prosecuting |
15 | authorities; a summary of any matters concerning the recovery of monies as a result of an audit |
16 | finding or civil suit or a referral to another agency for the purposes of such suit; a list of all audit |
17 | reports completed by the office during the reporting period; and a statement of recommendations |
18 | of amendment to this chapter or the rules, regulations, or procedures governing the office of |
19 | internal audit and program integrity that would improve the effectiveness or the operations of the |
20 | office. |
21 | (c) The annual report of the office of internal audit and program integrity shall be made |
22 | public on the day of filing. |
23 | (d) At the conclusion of each formal audit, the office of internal audit and program |
24 | integrity shall produce an audit report which contains, but is not limited to, the scope of the audit, |
25 | findings, and recommendations. Within twenty (20) calendar days following the date of the |
26 | issuance of the management-response copy of the draft audit report, the head of the department, |
27 | agency, public body, or private entity audited shall respond, in writing, to each recommendation |
28 | made in the audit report. This response shall address the department’s, agency’s, or public body’s |
29 | or private entity’s plan of corrective action, the party responsible to implement the corrective |
30 | action plan, and the anticipated date to complete the implementation of the corrective action; and, |
31 | if applicable, the reasons for disagreement with any recommendation proposed in the audit report |
32 | and justification of management’s acceptance of risk. The office of internal audit and program |
33 | integrity may perform follow-up procedures for the purpose of determining whether the |
34 | department, agency, public body, or private entity has implemented, in an efficient and effective |
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1 | manner, its plan of correction action for the recommendations proposed in the audit report or |
2 | addressed the risk discussed in the audit report. |
3 | (e) Copies of each audit report, inclusive of management’s responses noted in subsection |
4 | (d) shall be submitted to the chairpersons of the house finance committee, and the senate finance |
5 | committee and posted on the office’s website. |
6 | SECTION 13. Chapter 35-7.1 of the General Laws entitled “The Office of Internal |
7 | Audit” is hereby amended by adding thereto the following section: |
8 | 35-7.1-11. Civil actions. |
9 | The chief of the office of internal audit and program integrity shall have the |
10 | authority to initiate civil recovery actions. In any case where the office of internal audit and |
11 | program integrity has discovered fraudulent acts and believes that civil recovery proceedings may |
12 | be appropriate, the chief may authorize the initiation of appropriate civil proceedings or refer the |
13 | case to the appropriate state agency for civil recovery. |
14 | SECTION 14. Effective January 1, 2026, section 37-2-12 of the General Laws in Chapter |
15 | 37-2 entitled "State Purchases” is hereby amended to read as follows: |
16 | 37-2-12. Centralization of the procurement authority. |
17 | (a) All rights, powers, duties, and authority relating to the procurement of supplies, |
18 | services, and construction, and the management, control, warehousing, sale, and disposal of |
19 | supplies, services, and construction now vested in or exercised by any state agency under the |
20 | several statutes relating thereto are hereby transferred to the chief purchasing officer as provided |
21 | in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the |
22 | centralized purchasing of the state but the public agency, through its existing internal purchasing |
23 | function, shall adhere to the general principles, policies and practices set forth in this chapter. |
24 | (b) The chief purchasing officer, as defined in § 37-2-7(3)(i), may establish, charge, and |
25 | collect from state contractors, listed on master-price agreements, an statewide contract |
26 | administrative fee not to exceed one-third of one percent (0.331%) of the total value of the annual |
27 | spend against a contract awarded to a state contractor. All statewide contract administrative fees |
28 | collected pursuant to this subsection shall be deposited into a restricted-receipt account within the |
29 | general fund designated as the “division of purchases administrative-fee account” and shall be |
30 | used for the purposes of implementing, maintaining, or operating technology for the submission |
31 | and processing of bids, online vendor registration, bid notification, and other costs related to state |
32 | procurement including staffing. On or before January 15, 2019, and annually thereafter on or |
33 | before January 15, the chief purchasing officer or designee shall file a report with the governor, |
34 | the speaker of the house, and the president of the senate detailing: |
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1 | (i) The total amount of funds collected and deposited into the division of purchases |
2 | administrative-fee account for the most recently completed fiscal year; |
3 | (ii) The account balance as of the date of the report; |
4 | (iii) An itemization of all expenditures and other uses of said funds from said account for |
5 | the most recently completed fiscal year; and |
6 | (iv) An annual evaluation as to the appropriateness of the amount of the contract |
7 | administrative fee on master-price agreements. |
8 | (c) Subject to the approval of the director of the department of administration, the state |
9 | controller is authorized to offset any currently recorded outstanding liability on the part of |
10 | developmental disability organizations (DDOs) to repay previously authorized startup capital |
11 | advances against the proceeds from the sale of group homes within a fiscal year prior to any sale |
12 | proceeds being deposited into the information technology restricted receipt account established |
13 | pursuant to § 42-11-2.5(a). |
14 | SECTION 15. Chapter 42-6.2 of the General Laws entitled "2021 Act on Climate" is |
15 | hereby amended by adding thereto the following section: |
16 | 42-6.2-13. State Facilities Benchmarking and Performance Standards Program |
17 | (a) Definitions |
18 | (1) “Department” shall mean all state departments enumerated in R.I. Gen. Laws § 42-6-3 |
19 | and shall additionally include the executive office of health and human services, the executive |
20 | office of commerce, and the department of housing. |
21 | (2) “State-owned, state-occupied facilities” shall mean buildings owned by the state that |
22 | primarily contain offices or other administrative workspace for state employees and are at least |
23 | 25,000 gross square feet. |
24 | (b) State Facilities Energy Usage Reporting |
25 | (1) State departments, coordinated and supported by the office of energy resources, shall |
26 | be required to measure and report monthly energy usage by energy source for their respective |
27 | state-owned, state-occupied facilities, as well as the gross square footage for each building. |
28 | (2) Beginning March 31, 2026, and recurring annually thereafter, departments, |
29 | coordinated and supported by the office of energy resources, shall report energy use data by |
30 | source for state-owned, state-occupied facilities for the preceding calendar year through the office |
31 | of energy resources. No later than 180 days from the March 31 reporting deadline each year, the |
32 | office of energy resources shall compile and publish each facility’s energy use data by fuel and |
33 | total emissions. |
34 | (c) State Facilities Benchmarking and Performance Standards Program |
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1 | (1) Utilizing the data due March 31, 2027, in subsection (b)(2), the office of energy |
2 | resources shall, with consultation from departments, develop and publish performance standards |
3 | for state-owned, state-occupied facilities by March 31, 2028. The office of energy resources must |
4 | receive approval from the executive climate change coordinating council before publishing the |
5 | performance standards and before publishing any revision to the standards thereafter. The |
6 | performance standards published must include: |
7 | (i) An annualized emissions standard based on energy usage for each state-owned, state- |
8 | occupied facility as necessary, to achieve by specified dates; |
9 | (ii) A schedule for compliance terminating in 2050; and |
10 | (iii) The cost-benefit analysis used to determine which state-owned, state-occupied |
11 | facilities are assigned performance standards, as set forth in subsection (c)(2) below. |
12 | (2) The performance standards shall be determined by evaluating: |
13 | (i) The total amount of emissions reductions that could be achieved while maintaining |
14 | state operations; |
15 | (ii) The relative contribution of the emissions reductions to decadal targets established by |
16 | R.I. Gen. Laws § 42-6.2-2 compared to other strategies, programs, and actions established by the |
17 | executive climate change coordinating council in its plan due December 31, 2025 in accordance |
18 | with subsection (2)(i) of R.I. Gen. Laws § 42-6.2-2; and |
19 | (iii) The fiscal impacts of achieving the performance standards. |
20 | (3) The departments shall meet the performance standards set in accordance with |
21 | subsection (c)(2). No later than 90 days after each specified compliance date established in |
22 | accordance with subsection (c)(1), the office of energy resources shall publish a performance |
23 | standards compliance report demonstrating the status of each state-owned, state-occupied facility |
24 | subject to a performance standard. In the event that a state-owned, state-occupied facility fails to |
25 | meet a performance standard, the office of energy resources must include a corrective action plan |
26 | due within 90 days of the compliance deadline. |
27 | (4) Subsections (c)(1), (c)(2), and (c)(3) shall not apply to state-owned, state-occupied |
28 | facilities for which the executive climate change coordinating council determines are not suitable |
29 | candidates for achieving greenhouse gas emission reductions due to economic infeasibility or |
30 | unique operational or physical limitations. Any such determinations shall be published in addition |
31 | to the standards required in subsection (c)(2). |
32 | (d) Implementation |
33 | (1) The executive climate change coordinating council may allocate funds from the |
34 | restricted receipt account established in R.I. Gen. Laws § 42-6.2-3.1 as necessary for the |
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1 | implementation of this program. |
2 | (2) State departments shall work with the office of energy resources to develop a |
3 | methodology for reporting and/or setting building performance standards for state-owned, state- |
4 | occupied facilities that are within a campus served by a central utility plant and do not have |
5 | submetering capabilities. |
6 | SECTION 16. Section 42-7-8 of the General Laws in Chapter 42-7 entitled "Executive |
7 | Department" is hereby amended to read as follows: |
8 | 42-7-8. American Recovery and Reinvestment Act administration expenses. |
9 | (a) There is hereby created restricted receipt accounts, within the office of the governor, |
10 | for the office of economic recovery and reinvestment, and within the department of |
11 | administration for the office of internal audit and program integrity and the division of |
12 | purchasing, to be known as ARRA administrative expense accounts. Payments from the accounts |
13 | shall be limited to expenses for administrative oversight of American Recovery and Reinvestment |
14 | Act (ARRA) funds. The governor’s office of economic recovery and reinvestment is authorized |
15 | by OMB memorandum 09-18 to receive up to one-half percent (0.5%) of stimulus funding to |
16 | cover oversight expenses. |
17 | (b) All amounts deposited in the ARRA administration accounts shall be exempt from the |
18 | indirect cost recovery provisions of § 35-4-27. |
19 | (c) It is hereby provided, at the end of the American Recovery and Reinvestment Act |
20 | oversight period, balances from the ARRA administrative accounts shall revert to general |
21 | revenues. |
22 | SECTION 17. Section 42-11-2.9 of the General Laws in Chapter 42-11 entitled |
23 | “Department of Administration” is hereby amended to read as follows: |
24 | 42-11-2.9. Division of capital asset management and maintenance established. |
25 | (a) Establishment. Within the department of administration there shall be established the |
26 | division of capital asset management and maintenance (“DCAMM”). Any prior references to the |
27 | division of facilities management and/or capital projects, if any, shall now mean DCAMM. |
28 | Within the DCAMM there shall be a director of DCAMM who shall be in the classified service |
29 | and shall be appointed by the director of administration. The director of DCAMM shall have the |
30 | following responsibilities: |
31 | (1) Oversee, coordinate, and manage the operating budget, personnel, and functions of |
32 | DCAMM in carrying out the duties described below; |
33 | (2) Review agency capital-budget requests to ensure that the request is consistent with |
34 | strategic and master facility plans for the state of Rhode Island; |
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1 | (3) Promulgate and adopt regulations necessary to carry out the purposes of this section. |
2 | (b) Purpose. The purpose of DCAMM shall be to manage and maintain state property |
3 | and state-owned facilities in a manner that meets the highest standards of health, safety, security, |
4 | accessibility, energy efficiency, and comfort for citizens and state employees and ensures |
5 | appropriate and timely investments are made for state property and facility maintenance. |
6 | (c) Duties and responsibilities of DCAMM. DCAMM shall have the following duties |
7 | and responsibilities: |
8 | (1) To oversee all new construction and rehabilitation projects on state property, not |
9 | including property otherwise assigned outside of the executive department by Rhode Island |
10 | general laws or under the control and supervision of the judicial branch; |
11 | (2) To assist the department of administration in fulfilling any and all capital-asset and |
12 | maintenance-related statutory duties assigned to the department under chapter 8 of title 37 (public |
13 | buildings) or any other provision of law, including, but not limited to, the following statutory |
14 | duties provided in § 42-11-2: |
15 | (i) To maintain, equip, and keep in repair the statehouse, state office buildings, and other |
16 | premises, owned or rented by the state, for the use of any department or agency, excepting those |
17 | buildings, the control of which is vested by law in some other agency; |
18 | (ii) To provide for the periodic inspection, appraisal, or inventory of all state buildings |
19 | and property, real and personal; |
20 | (iii) To require reports from state agencies on the buildings and property in their custody; |
21 | (iv) To issue regulations to govern the protection and custody of the property of the state; |
22 | (v) To assign office and storage space, and to rent and lease land and buildings, for the |
23 | use of the several state departments and agencies in the manner provided by law; |
24 | (vi) To control and supervise the acquisition, operation, maintenance, repair, and |
25 | replacement of state-owned motor vehicles by state agencies; |
26 | (3) To generally manage, oversee, protect, and care for the state’s properties and |
27 | facilities, not otherwise assigned by Rhode Island general laws, including, but not limited to, the |
28 | following duties: |
29 | (i) Space management, procurement, usage, and/or leasing of private or public space; |
30 | (ii) Care, maintenance, cleaning, and contracting for such services as necessary for state |
31 | property; |
32 | (iii) Capital equipment replacement; |
33 | (iv) Security of state property and facilities unless otherwise provided by law; |
34 | (v) Ensuring Americans with Disabilities Act (ADA) compliance; |
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1 | (vi) Responding to facilities emergencies; |
2 | (vii) Managing traffic flow on state property; |
3 | (viii) Grounds keeping/landscaping/snow-removal services; |
4 | (ix) Maintenance and protection of artwork and historic artifacts; |
5 | (x) On or before August 31, 2022, and each April 1 thereafter to submit to the division of |
6 | municipal finance a comprehensive list of all real property owned by the state as of the preceding |
7 | December 31 to facilitate the purposes of § 45-13-5.1. The comprehensive list and all other |
8 | information provided shall be in a format prescribed by the division of municipal finance. The |
9 | division of municipal finance shall subsequently provide to DCAMM a certified list of all |
10 | properties eligible under § 45-13-5.1 for identification in the statewide database established under |
11 | subsection (d) of this section. Any changes to the comprehensive list of all real property owned |
12 | by the state after the list has been supplied to the division of municipal finance shall require |
13 | notification to the division of municipal finance within thirty (30) days; |
14 | (4) To manage and oversee state fleet operations. |
15 | (d)(1) All state agencies shall participate in a statewide database and/or information |
16 | system for capital assets, that shall be established and maintained by DCAMM. |
17 | (2) Beginning January 1, 2023, all state agencies, departments, boards, commissions, |
18 | corporations, authorities, quasi-state agencies, councils, or other political subdivisions that utilize |
19 | real property shall provide DCAMM any information, documentary and otherwise, that may be |
20 | necessary or desirable to facilitate the purposes of subsection (c)(3)(x) of this section by March 1 |
21 | annually, or subsection (d)(1) of this section as required by DCAMM. The administrative head of |
22 | each submitting entity shall attest to the accuracy and completeness of the information in writing. |
23 | (e) Offices and boards assigned to DCAMM. DCAMM shall oversee the following |
24 | boards, offices, and functions: |
25 | (1) Office of planning, design, and construction (PDC); |
26 | (2) Office of facilities management and maintenance (OFMM); |
27 | (3) [Deleted by P.L. 2018, ch. 47, art. 3, § 7.] |
28 | (4) [Deleted by P.L. 2018, ch. 47, art. 3, § 7.] |
29 | (5) Office of risk management (§ 37-11-1 et seq.); |
30 | (6) [Deleted by P.L. 2018, ch. 47, art. 3, § 7.] |
31 | (7) Office of state fleet operations (§ 42-11-2.4(d)). |
32 | (f) The boards, offices, and functions assigned to DCAMM shall: |
33 | (1) Exercise their respective powers and duties in accordance with their statutory |
34 | authority and the general policy established by the director of DCAMM or in accordance with the |
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1 | powers and authorities conferred upon the director of DCAMM by this section; |
2 | (2) Provide such assistance or resources as may be requested or required by the director |
3 | of DCAMM or the director of administration; |
4 | (3) Provide such records and information as may be requested or required by the director |
5 | of DCAMM or the director of administration; and |
6 | (4) Except as provided herein, no provision of this chapter or application thereof shall be |
7 | construed to limit or otherwise restrict the offices stated above from fulfilling any statutory |
8 | requirement or complying with any valid rule or regulation. |
9 | SECTION 18. Section 42-13-2 of the General Laws in Chapter 42-13 entitled |
10 | "Department of Transportation" is hereby amended to read as follows: |
11 | 42-13-2. Organization and functions of the department. |
12 | (a) The department shall be organized in accordance with a project management-based |
13 | program and shall utilize an asset management system. |
14 | (1) A project management-based program manages the delivery of the department’s |
15 | portfolio of transportation improvement projects from project conception to the project |
16 | completion. Project management activities include: |
17 | (i) Managing and reporting on the delivery status of portfolio projects; |
18 | (ii) Developing overall workload and budget for the portfolio; |
19 | (iii) Developing and implementing the tools to estimate the resources necessary to deliver |
20 | the projects; and |
21 | (iv) Developing and implementing processes and tools to improve the management of the |
22 | projects. |
23 | (2) Asset management is the process used for managing transportation infrastructure by |
24 | improving decision making for resource allocation. Asset management activities include a |
25 | systemic process based on economic, engineering, and business principles which includes the |
26 | following functions: |
27 | (i) Completing a comprehensive inventory of system assets; |
28 | (ii) Monitoring system performance; and |
29 | (iii) Performing analysis utilizing accurate data for managing various assets within the |
30 | transportation network. |
31 | (b) The director of transportation shall appoint a chief operating officer to oversee the |
32 | day-to-day operations of the department. |
33 | (c) The department shall be organized into such divisions as are described in this section |
34 | and such other divisions, subdivisions, and agencies as the director shall find are necessary to |
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1 | carry out the responsibilities of the department, including: division of finance; division of |
2 | planning; division of project management; division of operations and maintenance; office of civil |
3 | rights; office of safety; office of external affairs; office of legal; office of personnel; office of |
4 | information services. |
5 | (d) The director may assign such other responsibilities as he or she shall find appropriate |
6 | and may reassign functions other than as set out in this section if he or she finds the reassignment |
7 | necessary to the proper and efficient functioning of the department or of the state’s transportation |
8 | system. |
9 | (e) The department shall submit a report annually no later than March 31 to the speaker |
10 | of the house, the president of the senate, and the house and senate fiscal advisors concerning the |
11 | status of the ten-year (10) transportation plan. |
12 | (f) Any functions, duties, and staff relating to the Rhode Island department of |
13 | transportation’s external audit section shall be transferred to the Rhode Island department of |
14 | administration’s office of internal audit and program integrity, or its successor, upon passage |
15 | [Feb. 11, 2016]. |
16 | (1) The chief of the office of internal audit and program integrity, or its successor, who |
17 | shall be the administrative head of the office of internal audit and program integrity, or its |
18 | successor, shall supervise, coordinate, and/or conduct audits, civil and administrative |
19 | investigations, and inspections or oversight reviews, when necessary, relating to programs and |
20 | operations listed in § 42-13-2. |
21 | (2) The office of internal audit’s and program integrity’s (or its successor’s) authorization |
22 | shall include, but not be limited to, evaluating the efficiency of operations and internal controls, |
23 | preventing and detecting fraud, waste, abuse or mismanagement in the expenditure of public |
24 | funds, whether state, federal or those revenues collected by the use of tolls and related to any and |
25 | all transportation-related programs and operations as well as the procurement of any supplies, |
26 | services, or construction, by the department of transportation or related institutions of the |
27 | department of transportation. Investigations may include the expenditures by nongovernmental |
28 | agencies of federal, state, and local public funds. As deemed necessary or expedient by the office |
29 | of internal audit and program integrity, or its successor, audits may be made relative to the |
30 | financial affairs or the economy and efficiency of management of the department of |
31 | transportation or related institutions. |
32 | SECTION 19. Section 42-64-38 of the General Laws in Chapter 42-64 entitled "Rhode |
33 | Island Commerce Corporation" is hereby amended to read as follows: |
34 | 42-64-38. Audit of the corporation. |
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1 | (a) Commencing July 1, 2014, and every five (5) years thereafter, the corporation shall be |
2 | subject to a performance audit, conducted in compliance with the generally accepted governmental |
3 | auditing standards, by the office of internal audit and program integrity or a certified public |
4 | accounting firm qualified in performance audits. |
5 | (b) If the audit is not directly performed by his or her office, the selection of the auditor |
6 | and the scope of the audit shall be subject to the approval of the chief of the office of internal audit |
7 | and program integrity. |
8 | (c) The audit shall be conducted in conformance with § 35-7-3(b) through (d) [repealed]. |
9 | (d) The results of the audit shall be made public upon completion, posted on the websites |
10 | of the office of internal audit and program integrity and the corporation. |
11 | (e) The corporation shall be responsible for all costs associated with the audit. |
12 | SECTION 20. Sections 42-140-3, 42-140-7 and 42-140-8 of the General Laws in Chapter |
13 | 42-140 entitled "Rhode Island Energy Resources Act" are hereby amended to read as follows: |
14 | 42-140-3. Purposes. |
15 | The purposes of the office shall be to: |
16 | (1) Develop and put into effect plans and programs to promote, encourage, and assist the |
17 | provision of energy resources for Rhode Island in a manner that enhances economic well-being, |
18 | social equity, and environmental quality; |
19 | (2) Monitor, forecast, and report on energy use, energy prices, and energy demand and |
20 | supply forecasts, and make findings and recommendations with regard to energy supply diversity, |
21 | reliability, and procurement, including least-cost procurement; |
22 | (3) Develop and to put into effect plans and programs to promote, encourage and assist |
23 | the efficient and productive use of energy resources in Rhode Island, and to coordinate energy |
24 | programs for natural gas, electricity, and heating oil to maximize the aggregate benefits of |
25 | conservation and efficiency of investments; |
26 | (4) Monitor and report technological developments that may result in new and/or |
27 | improved sources of energy supply, increased energy efficiency, and reduced environmental |
28 | impacts from energy supply, transmission, and distribution; |
29 | (5) Administer the programs, duties, and responsibilities heretofore exercised by the state |
30 | energy office, except as these may be assigned by executive order or the general laws to other |
31 | departments and agencies of state government; |
32 | (6) Develop, recommend and, as appropriate, implement integrated and/or comprehensive |
33 | strategies, including at regional and federal levels, to secure Rhode Island’s interest in energy |
34 | resources, their supply and efficient use, and as necessary to interact with persons, private sector, |
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1 | nonprofit, regional, federal entities and departments and agencies of other states to effectuate this |
2 | purpose; |
3 | (7) Cooperate with agencies, departments, corporations, and entities of the state and of |
4 | political subdivisions of the state in achieving its purposes; |
5 | (8) Cooperate with and assist the state planning council and the division of state planning |
6 | in developing, maintaining, and implementing state guide plan elements pertaining to energy and |
7 | renewable energy; |
8 | (9) Coordinate the energy efficiency, renewable energy, least cost procurement, and |
9 | systems reliability plans and programs with the energy efficiency resource management council; |
10 | and the renewable energy coordinating board; |
11 | (10) Participate in, monitor implementation of, and provide technical assistance for the |
12 | low-income home energy assistance program enhancement plan established pursuant to § 39-1- |
13 | 27.12; |
14 | (11) Participate in and monitor the distributed generation standard contracts program |
15 | pursuant to chapter 26.2 of title 39; |
16 | (12) Coordinate opportunities with and enter into contracts and/or agreements with the |
17 | commerce corporation associated with the energy efficiency, least-cost procurement, system |
18 | reliability, and renewable energy fund programs; |
19 | (13) Provide support and information to the division of planning and the state planning |
20 | council in development of a ten-year (10) Rhode Island Energy Guide Plan, which shall be |
21 | reviewed and amended if necessary every five (5) years; |
22 | (14) Provide funding support if necessary to the renewable energy coordinating board |
23 | and/or the advisory council to carry out the objectives pursuant to chapter 140.3 of this title |
24 | [repealed]; |
25 | (15) Advise and provide technical assistance to state and federally funded energy |
26 | program to support: |
27 | (i) The federal low-income home energy assistance program which provides heating |
28 | assistance to eligible low-income persons and any state funded or privately funded heating |
29 | assistance program of a similar nature assigned to it for administration; |
30 | (ii) The weatherization assistance program which offers home weatherization grants and |
31 | heating system upgrades to eligible persons of low-income; |
32 | (iii) The emergency fuel program which provides oil deliveries to families experiencing a |
33 | heating emergency; |
34 | (iv) The energy conservation program, which offers service and programs to all sectors; |
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1 | and |
2 | (v) [Deleted by P.L. 2008, ch. 228, § 2, and P.L. 2008, ch. 422, § 2.] |
3 | (16) (15) Advise the commerce corporation in the development of standards and rules for |
4 | the solicitation and award of renewable energy program investment funds in accordance with § |
5 | 42-64-13.2; |
6 | (17) (16) Develop, recommend, and evaluate energy programs for state facilities and |
7 | operations in order to achieve and demonstrate the benefits of energy-efficiency, diversification |
8 | of energy supplies, energy conservation, and demand management; and |
9 | (18) (17) Advise the governor and the general assembly with regard to energy resources |
10 | and all matters relevant to achieving the purposes of the office. |
11 | 42-140-7. Conduct of activities. |
12 | (a) To the extent reasonable and practical, the conduct of activities under the provisions |
13 | of this chapter shall be open and inclusive.; the commissioner and the council shall seek in |
14 | addressing the purposes of the office to involve the research and analytic capacities of institutions |
15 | of higher education within the state, industry, advocacy groups, and regional entities, and shall |
16 | seek input from stakeholders including, but not limited to, residential and commercial energy |
17 | users. |
18 | (b) The commissioner shall transmit any unencumbered funds from the renewable energy |
19 | program under chapter 2 of title 39 to the commerce corporation to be administered in accordance |
20 | with the provisions of § 39-2-1.2. |
21 | 42-140-8. Annual report. |
22 | The commissioner shall report annually, on or before June 30 March 1 of each year, to |
23 | the governor, the president of the senate, and the speaker of the house with regard to the status of |
24 | energy supplies, markets, and conditions, the effectiveness of energy programs, and the activities |
25 | of the office. including the council, and such other matters related to energy as the commissioner |
26 | or the council may deem appropriate. |
27 | SECTION 21. Section 42-155-7 of the General Laws in Chapter 42-155 entitled "Quasi- |
28 | Public Corporations Accountability and Transparency Act" is hereby amended to read as follows: |
29 | 42-155-7. Audit of quasi-public corporations. |
30 | (a) Commencing January 1, 2015, and every five (5) years thereafter, each quasi-public |
31 | corporation shall be subject to a performance audit, conducted in compliance with the generally |
32 | acceptable governmental auditing standards or the standards for the professional practice of |
33 | internal auditing, by the chief of the office of internal audit and program integrity. The chief, in |
34 | collaboration with the quasi-public corporation, shall determine the scope of the audit. To assist |
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1 | in the performance of an audit, the chief, in collaboration with the quasi-public corporation, may |
2 | procure the services of a certified public accounting firm, which shall be a subcontractor of the |
3 | office of internal audit and program integrity, and shall be under the direct supervision of the |
4 | office of internal audit and program integrity. The chief of the office of internal audit and |
5 | program integrity shall establish a rotating schedule identifying the year in which each quasi- |
6 | public corporation shall be audited. The schedule shall be posted on the website of the office of |
7 | internal audit and program integrity. |
8 | (b) The audit shall be conducted in conformance with chapter 7 of title 35 (“Post Audit of |
9 | Accounts”). |
10 | (c) Each quasi-public corporation shall be responsible for costs associated with its own |
11 | audit. The chief and each quasi-public corporation shall agree upon reasonable costs for the audit, |
12 | not to exceed seventy-five thousand dollars ($75,000), that shall be remitted to the office of |
13 | internal audit and program integrity. |
14 | (d) The results of the audit shall be made public upon completion and posted on the |
15 | websites of the office of internal audit and program integrity and the quasi-public corporation. |
16 | (e) For purposes of this section, a performance audit shall mean an independent |
17 | examination of a program, function, operation, or the management systems and procedures of a |
18 | governmental or nonprofit entity to assess whether the entity is achieving economy, efficiency, |
19 | and effectiveness in the employment of all available resources. |
20 | SECTION 22. Section 42-157-6 of the General Laws in Chapter 42-157 entitled "Rhode |
21 | Island Health Benefit Exchange" is hereby amended to read as follows: |
22 | 42-157-6. Audit. |
23 | (a) Annually, the exchange shall cause to have a financial and/or performance audit of its |
24 | functions and operations performed in compliance with the generally accepted governmental |
25 | auditing standards and conducted by the state office of internal audit and program integrity or a |
26 | certified public accounting firm qualified in performance audits. |
27 | (b) If the audit is not directly performed by the state office of internal audit and program |
28 | integrity, the selection of the auditor and the scope of the audit shall be subject to the approval of |
29 | the state office of internal audit and program integrity. |
30 | (c) The results of the audit shall be made public upon completion, posted on the |
31 | department’s website and otherwise made available for public inspection. |
32 | SECTION 23. The title of Chapter 42-165 of the General Laws entitled "Rhode Island |
33 | Longitudinal Data Systems Act" is hereby amended to read as follows: |
34 | CHAPTER 42-165 |
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1 | Rhode Island Longitudinal Data Systems Act |
2 | CHAPTER 42-165 |
3 | RHODE ISLAND INTEGRATED DATA SYSTEMS ACT |
4 | SECTION 24. Sections 42-165-1, 42-165-2, 42-165-3, 42-165-4, 42-165-5, 42- |
5 | 165-6, 42-165-7 of the General Laws in Chapter 42-165 entitled "Rhode Island Integrated Data |
6 | Systems Act" are hereby amended to read as follows: |
7 | 42-165-1. Rhode Island longitudinal data system act. |
8 | This chapter shall be known and may be cited as the “Rhode Island Longitudinal Integrated |
9 | Data System Act.” |
10 | 42-165-2. Findings. |
11 | (a) Purpose. The Rhode Island Longitudinal Integrated Data System (RILDSRIIDS) |
12 | “DATA RI” is Rhode Island’s statewide longitudinal integrated data system that integrates and |
13 | links individual or unit-level data. The purpose of the RILDSRIIDS is to connect federated data |
14 | across sectors and over time to support research aligned with the state’s priorities; inform |
15 | policymaking and program evaluation; and improve the well-being of all Rhode Islanders. |
16 | (b) The general assembly finds and declares that: |
17 | (1) The state is committed to maintaining a longitudinal data system that the public, |
18 | researchers, and policymakers can use to analyze and assess Rhode Islanders’ aggregate progress |
19 | from early learning programs through postsecondary education and into employment; and |
20 | (2) A national collaborative effort among federal and state policymakers, state officials, |
21 | and national education organizations has defined the essential components of a statewide |
22 | longitudinal data system; and |
23 | (3) The RI Longitudinal Data System (RILDS)DataHUB is the state education and |
24 | workforce longitudinal data system, aligned to the U.S. Department of Education’s Statewide |
25 | Longitudinal Data System (SLDS) grant program and the U.S. Department of Labor’s Workforce |
26 | Data Quality Initiative grant program. |
27 | (4) The Ecosystem is the state’s health and human services integrated data system focused |
28 | on improving the outcomes of these related programs and starting from the base of the Medicaid |
29 | program. |
30 | (5) The Ecosystem, the RILDS and individual programs can be connected in a federated |
31 | manner that enables programs to retain control of their data but also allows secure sharing of data |
32 | when there is an approved data analysis project. |
33 | (6) Unified governance across the Ecosystem and RILDS will allow more efficient and |
34 | secure operation of the state’s data infrastructure. |
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1 | 42-165-3. Definitions. |
2 | For the purpose of this chapter, the following terms shall have the following meanings |
3 | unless the context clearly requires otherwise: |
4 | (1) “Participating agency” means the Rhode Island department of education, the office of |
5 | the postsecondary commissioner, the Rhode Island department of labor and training, executive |
6 | office of health and human services, and any agency that has executed a memorandum of |
7 | understanding for recurring participation in the Rhode Island longitudinalintegrated data system. |
8 | (2) “Rhode Island Longitudinal Data System” (RILDS) formerly known as the RI |
9 | DataHUB operated by DataSpark, is the current statewide longitudinal data system and will |
10 | belocated for budgetary purposes in the office of the postsecondary commissioner. |
11 | (3) “The Ecosystem” is the executive office of health and human services integrated data |
12 | system. “Rhode Island Longitudinal Data System Center” (Center) is comprised of the current |
13 | entity known as DataSpark and whatever other resources as necessary to accomplish the powers |
14 | and duties prescribed herein. |
15 | (4) “State and federal privacy laws” means all applicable state and federal privacy laws and |
16 | accompanying regulations, including but not limited to the federal Family Educational Rights and |
17 | Privacy Act and its accompanying regulations (“FERPA”), Health Insurance Portability and |
18 | Accountability Act (“HIPAA”), R.I. Gen. Laws § 28-42-38, 20 C.F.R. § 603.1 et seq., and any |
19 | other privacy measures that apply to the personally identifiable information that is used by the |
20 | center and/or becomes part of the RILDS, the Ecosystem or RIIDS hereunder. |
21 | (5) “Statewide Rhode Island integrated data system” or “integrated data system” or |
22 | “RIIDS” means an the state individual-, family- or unit-level data system that links and integrates |
23 | records from state datasets from all major education, economic, health, human service, labor, and |
24 | public safety programs including the RILDS, the Ecosystem and any other data repositories |
25 | accepted by the RIIDS governing board. |
26 | (6) “Statewide longitudinal data system” or “longitudinal data system” or “SLDS” means |
27 | an individual- or unit-level data system that links and integrates records from state datasets |
28 | including but not limited to early childhood and prekindergarten, through elementary, secondary, |
29 | and postsecondary education, and into the workforce from participating agencies and entities. |
30 | 42-165-4. Creation. |
31 | (a) The RILDS RIIDS “DATA RI” is hereby established within the office of the |
32 | postsecondary commissioner and is granted and authorized to use all the powers set forth in this |
33 | chapter. |
34 | (b) Functions. The RILDS RIIDS “DATA RI” shall: |
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1 | (1) Transmit, store, enable access to, permit the use, and dispose of linked data and |
2 | information in accordance with the National Institute of Standards and Technology (NIST) |
3 | Cybersecurity Framework and associated NIST 800-53 security controls commensurate with data |
4 | sensitivity level and in accordance with all applicable state and privacy laws and state security |
5 | policies; |
6 | (2) Serve as a central repository of the state’s inter-agency, longitudinal, linked and |
7 | individual data; |
8 | (3) Enable the integration, linkage, and management of information; |
9 | (4) Report on and provide public access to aggregate data to, among other things, address |
10 | inequities in access, opportunities, and outcomes and improve student and educator decision- |
11 | making; |
12 | (5) Provide clarity to university and other researchers on the process to request data and |
13 | what data is available to request; and |
14 | (6) Nothing in this chapter shall negate or otherwise adversely affect the validity and legal |
15 | enforceability of any existing data sharing and/or research agreements executed between and |
16 | among the state’s participating agencies and the state’s statewide longitudinal data systemRILDS |
17 | or Ecosystem. |
18 | 42-165-5. Governing board. |
19 | (a) Composition of board. The RILDS RIIDS “DATA RI” will be governed by the Rhode |
20 | Island longitudinal Integrated data system governing board (the board). |
21 | (1) The board shall be composed of: |
22 | (i) The director of the department of administration or designee who serves as one co-chair; |
23 | (ii) The directors of any participating agencies as described in § 42-165-3 and § 42-165-6, |
24 | or their designee; |
25 | (iii) The director of the office of management and budget or designee; |
26 | (iv) The chief digital officer or designee; |
27 | (v) The director of the center, as set forth in § 42-165-7; |
28 | (vi) The secretary of health and human services or designee who serves as one co-chair; |
29 | and |
30 | (vii) The commissioner of postsecondary education or designee who serves as one co-chair. |
31 | (2) The board shall be overseen by two co-chairs. As The co-chairs, the director of |
32 | administration or designee shall be responsible for overseeing and directing the policy duties and |
33 | responsibilities of the board. The other co-chair shall be the commissioner of postsecondary |
34 | education who shall be responsible for and overseeing, supervising, and directing the operational |
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1 | duties of the center and its personnel. |
2 | (b) Powers and duties. The board shall: |
3 | (1) In consultation with the center and Ecosystem, and in accordance with federal and state |
4 | privacy law, approve policies regarding how data requests from state and local agencies, the Rhode |
5 | Island general assembly, universities, third-party researchers, and the public will be managed; |
6 | (2) In consultation with the center and the Ecosystem, approve policies regarding the |
7 | publishing of reports and other information that should be available to public stakeholders; |
8 | (3) Approve standards implemented by the center and Ecosystem for the security, privacy, |
9 | access to, and confidentiality of data, including policies to comply with the Family Educational |
10 | Rights and Privacy Act, Health Insurance Portability and Accountability Act, R.I. Gen. Laws § 28- |
11 | 42-38, 20 C.F.R. § 603.1 et seq., and any other privacy measures, as required by law, state policy, |
12 | or the board; |
13 | (4) Perform other functions that are necessary to ensure the successful continuation, |
14 | management, and expansion of the RILDSRIIDS; |
15 | (5) Establish a data governance committee to work with the center and Ecosystem on an |
16 | ongoing basis to among other responsibilities, approve data requests; |
17 | (6) Oversee and collaborate with the data governance committee, the Ecosystem and the |
18 | center as set forth in § 42-165-7; and |
19 | (7) Serve as the single governing board for the RILDS and the Ecosystem; |
20 | (8) Set the strategic direction for RIIDS to ensure it: |
21 | (i) Improves transparency and public accessibility of data, including increasing the |
22 | availability of dashboards, plain language summaries; public data catalogs of research and reports; |
23 | (ii) Enhances data availability for internal state use, ensuring data is accessible to state |
24 | analysts to conduct broad analysis of state programs, thereby improving the State’s understanding |
25 | of the operation and impact of its programs; and |
26 | (iii) improves data availability for external researchers. Data shall be made available to |
27 | researchers to the greatest extent possible limited to allow evidence-based improvements to state |
28 | programs; and |
29 | (7) By November 1, 2023, provide a plan to the governor, the house, and the senate on how |
30 | to establish a statewide integrated data system. The plan should consider elements such as: |
31 | (i) The role an IDS can play in improving the operation of programs; reducing fraud, waste, |
32 | and abuse; and establishing a state culture of program evaluation; |
33 | (ii) Providing state agencies with evaluation services and providing state analysts access |
34 | to data based on their role; |
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1 | (iii) Providing researchers with access to state data; |
2 | (iv) The importance of data privacy and security; |
3 | (v) The importance of public transparency and the role of the state transparency portal; |
4 | (vi) The creation of a state chief data officer; |
5 | (vii) Sustainable funding and governance for the IDS; |
6 | (viii) The role of data federation; and |
7 | (ix) The timeline for implementing the IDS. |
8 | (9) The center or the Ecosystem is considered to be an agent of the executive state agency |
9 | sharing government information for a particular data project and is an authorized receiver of |
10 | government information under the statutory or administrative law that governs the government |
11 | information. Interagency data sharing under this chapter does not constitute a disclosure or release |
12 | under any statutory or administrative law that governs the government information. |
13 | 42-165-6. Participating agencies. |
14 | (a) Participating agencies shall transfer data, as applicable, to the RILDS in accordance |
15 | with the data security policies as approved by the board, and pursuant to the requirements of state |
16 | and federal privacy laws and policies. |
17 | (b) Any agencies providing data on a recurring basis to the RILDS shall provide a |
18 | representative to the board and be governed in the same manner as the initial agencies and entities |
19 | and shall be subject to applicable board policies. |
20 | (c) All Rhode Island state agencies shall: |
21 | (1) Participate in the RIIDS to the extent practical; |
22 | (2) Identify datasets of greatest value for policy analysis efforts and investigate the |
23 | feasibility of making them available for the federated data system and other internal policy analysis |
24 | efforts; and |
25 | (3) Share data to the greatest extent possible as practical and permissible under law. |
26 | 42-165-7. The Rhode Island longitudinal data system center. |
27 | (a) Purpose. The purpose of the center is to manage and operate the RILDS and conduct |
28 | research and evaluate programs regarding federal, state, and local programs and policies. The center |
29 | shall be managed by an executive director (hereafter the “director”) responsible for the daily |
30 | management and operations of the center. The director will also be responsible for interfacing and |
31 | collaborating between the board and the data governance committee, as well as external |
32 | communications and agreements. The director shall be a non-classified employee of the council on |
33 | postsecondary education under the supervision of and subject to the authority of the commissioner |
34 | of postsecondary education. |
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1 | (b) Powers and duties. The duties of the center shall be to: |
2 | (1) Act as an authorized representative, research partner, and business associate of the |
3 | state’s agencies, including those responsible for education and workforce, under and in accordance |
4 | with the requirements of applicable federal and state statutes and/or state and federal privacy laws |
5 | and state security policies; |
6 | (2) Enter into memoranda of understanding with state agencies, nonprofits, universities, |
7 | subnational governments, and other entities for the purposes of data sharing and analysis; |
8 | (3) Coordinate with participating agencies and other entities to ensure the integrity and |
9 | quality of data being collected, including implementing the data quality and metadata policies |
10 | approved by the board; |
11 | (4) Advance research and allow policymakers to explore critical research policy questions |
12 | and to measure investments in education and workforce development; |
13 | (5) In consultation with the board, identify the state’s critical research and policy questions; |
14 | (6) Provide analysis and reports that assist with evaluating programs and measuring |
15 | investments, subject to the policies approved by the board; |
16 | (7) Implement policies and procedures approved by the board that govern the security, |
17 | privacy, access to, and confidentiality of the data, in accordance with relevant federal and state |
18 | privacy laws; |
19 | (8) Ensure that information contained in and available through the RILDS is kept secure, |
20 | and that individual privacy is protected, and maintain insurance coverage; |
21 | (9) Respond to approved research data requests in accordance with the policies and |
22 | procedures approved by the board; |
23 | (10) Enter into contracts or other agreements with appropriate entities, including but not |
24 | limited to universities, and federal, state, and local agencies, to the extent necessary to carry out its |
25 | duties and responsibilities only if such contracts or agreements incorporate adequate protections |
26 | with respect to the privacy and security of any information to be shared, and are approved, in |
27 | writing, by the applicable agency whose data or information is to be shared, and are allowable |
28 | under applicable state and federal privacy laws; and |
29 | (11) Maintain staff necessary to carry out the above duties as provided for in the state |
30 | budget. Staff at the center shall be non-classified employees of the council on postsecondary |
31 | education, under the supervision of and subject to the authority of the commissioner of |
32 | postsecondary education. The non-SLDS activity of the center shall also be under the supervision |
33 | and authority of the commissioner of postsecondary education and the council on postsecondary |
34 | education. The council on postsecondary education, its office of the postsecondary commissioner, |
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1 | and its employees shall be included under the limitation of damages for tort liability for the State |
2 | set out in § 9-31-1 et seq., for all actions involving the center regarding the RILDS and/or SLDS |
3 | and for any other activity of the center regarding its receipt, storage, sharing, and transmission of |
4 | data as part of its non-SLDS operations and activities. |
5 | (12) The council on postsecondary education shall be the employer of public record for the |
6 | Center. |
7 | (c) Funding. Appropriations made pursuant to this chapter shall be used exclusively for the |
8 | development and operation of RILDS, RIIDS or the Ecosystem. |
9 | (1) The board and the center may implement a data request fee policy to compensate for |
10 | excessive use of the data system, to recover costs that would otherwise typically be borne by the |
11 | requesting data researcher, or both. A data request fee policy implemented pursuant to this section |
12 | shall be reviewed and approved by the board, revised periodically, and made publicly available and |
13 | posted in a prominent location on the RILDS’s RIIDS’s internet website. |
14 | (2) The center may receive funding for its operation of the RILDS from the following |
15 | sources: |
16 | (i) State appropriations; |
17 | (ii) Federal grants; |
18 | (iii) User fees; and |
19 | (iv) Any other grants or contributions from public agencies or other entities. |
20 | (3) There is hereby established a restricted receipt account in the general fund of the state |
21 | and housed in the budget of the office of postsecondary commissioner entitled “longitudinal data |
22 | system — non-federal grants.” The express purpose of this account is to record receipts and |
23 | expenditures of the program herein described and established within this chapter. |
24 | SECTION 25. Section 44-1-14 of the General Laws in Chapter 44-1 entitled "State Tax |
25 | Officials" is hereby amended to read as follows: |
26 | 44-1-14. Disclosure of information to tax officials of federal government or other |
27 | states, or to other persons. |
28 | Notwithstanding any other provision of law: |
29 | (1) The tax administrator may make available: (i) To the taxing officials of any other states |
30 | or of the federal government for tax purposes only, any information that the administrator may |
31 | consider proper contained in tax reports or returns or any audit or the report of any investigation |
32 | made with respect to them, filed pursuant to the tax laws of this state; provided, that other states or |
33 | the federal government grant like privileges to the taxing officials of this state; and/or (ii) To an |
34 | officer or employee of the office of internal audit and program integrity of the Rhode Island |
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1 | department of administration, any information that the administrator may consider proper contained |
2 | in tax reports or returns or any audit or the report of any investigation made with respect to them, |
3 | filed pursuant to the tax laws of this state, to whom disclosure is necessary for the purposes of fraud |
4 | detection and prevention in any state or federal program. |
5 | (2) The tax administrator shall not permit any federal return or federal return information |
6 | to be inspected by, or disclosed to, an individual who is the chief executive officer of the state or |
7 | any person other than: |
8 | (i) To another employee of the tax division for the purpose of, and only to the extent |
9 | necessary in, the administration of the state tax laws for which the tax division is responsible; |
10 | (ii) To another officer or employee of the state to whom the disclosure is necessary in |
11 | connection with processing, storage, and transmission of those returns and return information and |
12 | solely for purposes of state tax administration; |
13 | (iii) To another person for the purpose of, but only to the extent necessary in, the |
14 | programming, maintenance, repair, testing, and procurement of equipment used in processing or |
15 | transmission of those returns and return information; or |
16 | (iv) To a legal representative of the tax division, personally and directly engaged in, and |
17 | solely for use in, preparation for a civil or criminal proceeding (or investigation which may result |
18 | in a proceeding) before a state administrative body, grand jury, or court in a matter involving state |
19 | tax administration, but only if: |
20 | (A) The taxpayer is or may be a party to the proceeding; |
21 | (B) The treatment of an item reflected on the return is or may be related to the resolution |
22 | of an issue in the proceeding or investigation; or |
23 | (C) The return or return information relates, or may relate, to a transactional relationship |
24 | between a person who is or may be a party to the proceeding and the taxpayer that affects or may |
25 | affect the resolution of an issue in a proceeding or investigation. |
26 | SECTION 26. This article shall take effect upon passage, except Section 6 and Section 14, |
27 | which shall take effect on January 1, 2026. |
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1 | ARTICLE 4 |
2 | RELATING TO DEBT MANAGEMENT ACT CONCURRENT RESOLUTION |
3 | SECTION 1. This article shall serve as the concurrent resolution of approval required |
4 | pursuant to Rhode Island General Law § 35-18-1, et seq. for the financing of the below described |
5 | projects. |
6 | SECTION 2. Section 3, Article 4 of Chapter 162 of the 2021 Public Laws is hereby |
7 | amended to read as follows: |
8 | Section 3. University of Rhode Island – Combined Health & Counseling Center – Auxiliary |
9 | Enterprise |
10 | WHEREAS, The University of Rhode Island board of trustees and the university have a |
11 | long-standing commitment to the health and wellness of their students; and |
12 | WHEREAS, The university has a desire to create a one-stop center to address the physical, |
13 | emotional, and mental health of its students; and |
14 | WHEREAS, The University of Rhode Island board of trustees and the University of Rhode |
15 | Island are proposing a project which involves the construction of a new Combined Health & |
16 | Counseling Center to meet the ongoing and growing health needs of their students; and |
17 | WHEREAS, The university engaged a qualified architectural firm, which has completed |
18 | an advanced planning study schematic design for this new building; and |
19 | WHEREAS, The Rhode Island Public Corporation Debt Management Act requires the |
20 | general assembly to provide its consent to the issuance or incurring by the state of Rhode Island |
21 | and other public agencies of certain obligations including financing guarantees or other agreements; |
22 | and |
23 | WHEREAS, The design and construction associated with this work of an auxiliary |
24 | enterprise building will be financed through the Rhode Island health and educational building |
25 | corporation (RIHEBC) revenue bonds, with an expected term of thirty (30) years; and |
26 | WHEREAS, The total project costs associated with completion of the project through the |
27 | proposed financing method is twenty-nine million dollars ($29,000,000) thirty-three million six |
28 | hundred thousand dollars ($33,600,000), including the cost of issuance. Debt service payments |
29 | would be supported by revenues derived from student fees associated with the respective auxiliary |
30 | enterprises of the University of Rhode Island occupying said facility. Total debt service on the |
31 | bonds is not expected to exceed sixty-three million three hundred thousand dollars ($63,300,000) |
32 | seventy-eight million dollars ($78,000,000) in the aggregate based on an average interest rate of |
33 | six and one half (6.5%) percent; now, therefore be it |
34 | RESOLVED, That this general assembly hereby approves financing in an amount not to |
35 | exceed twenty-nine million dollars ($29,000,000) thirty-three million six hundred thousand dollars |
36 | ($33,600,000) for the combined health & counseling center project for the auxiliary enterprise |
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1 | building on the University of Rhode Island campus; and be it further |
2 | RESOLVED, That, this concurrent joint resolution shall take effect upon passage. |
3 | SECTION 3. Section 2, Article 4 of Chapter 162 of the 2021 Public Laws is hereby |
4 | amended to read as follows: |
5 | Section 2. University of Rhode Island – Memorial Union – Auxiliary Enterprise |
6 | WHEREAS, The University of Rhode Island board of trustees and the university have a |
7 | long-standing commitment to the overall development of their students; and |
8 | WHEREAS, The university believes that the memorial union celebrates life at URI and |
9 | acts as the nexus for campus community, student engagement, and leadership. It is an intersection |
10 | connecting the academic core of campus and the campus's socially active residential community. |
11 | The student union at the university is an integral part of the educational ecosystem that shapes the |
12 | student experience; and |
13 | WHEREAS, The University of Rhode Island board of trustees and the University of Rhode |
14 | Island are proposing a project that involves the renovation and expansion of the memorial union to |
15 | meet the ongoing and growing needs of their students; and |
16 | WHEREAS, The university engaged a qualified architectural firm, which has completed |
17 | an advanced planning study for this renovation; and |
18 | WHEREAS, The Rhode Island Public Corporation Debt Management Act requires the |
19 | general assembly to provide its consent to the issuance or incurring by the state of Rhode Island |
20 | and other public agencies of certain obligations including financing guarantees or other agreements; |
21 | and |
22 | WHEREAS, The design and construction associated with this work of an auxiliary |
23 | enterprise building will be financed through the Rhode Island health and educational building |
24 | corporation (RIHEBC) revenue bonds, with an expected term of thirty (30) years; and |
25 | WHEREAS, The total project costs associated with completion of the project through the |
26 | proposed financing method is fifty-seven million six hundred thousand dollars ($57,600,000), one |
27 | hundred eighteen million dollars ($118,000,000), including the cost of issuance. Debt service |
28 | payments would be supported by revenues derived from student fees and retail lease payments |
29 | associated with the respective auxiliary enterprises of the University of Rhode Island occupying |
30 | said facility. Total debt service on the bonds is not expected to exceed one hundred twenty-five |
31 | million six hundred thousand dollars ($125,600,000) two hundred seventy-two million |
32 | ($272,000,000) in the aggregate based on an average interest rate of six and one half (6.5%) percent; |
33 | now, therefore be it |
34 | RESOLVED, That this General Assembly hereby approves financing in an amount not to |
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1 | exceed is fifty-seven million six hundred thousand dollars ($57,600,000) one hundred eighteen |
2 | million dollars ($118,000,000) for the Memorial Union project for the auxiliary enterprise building |
3 | on the University of Rhode Island campus; and be it further |
4 | RESOLVED, That this concurrent joint resolution shall take effect upon passage. |
5 | SECTION 4. This article shall take effect upon passage. |
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1 | ARTICLE 5 |
2 | RELATING TO TAXES AND FEES |
3 | SECTION 1. Sections 28-43-8.1 and 28-43-29 of the General Laws in Chapter 28-43 |
4 | entitled “Employment Security – Contributions” are hereby amended to read as follows: |
5 | 28-43-8.1. Time and manner of payment of employer contributions. |
6 | Contributions and assessments required under this chapter for each year shall be paid by |
7 | each employer in the manner and at the times that the director may prescribe. |
8 | 28-43-29. Liability for contributions and election of reimbursement. |
9 | (a) Any nonprofit organization or governmental entity that is or becomes subject |
10 | to chapters 42 – 44 of this title on or after January 1, 1978, shall pay contributions under the |
11 | provisions of chapters 42 – 44 of this title, unless it elects, in accordance with this section, to pay |
12 | to the director for the employment security fund the full amount of regular benefits paid plus the |
13 | full amount of the extended benefits paid, less any federal payments to the state under § 204 of the |
14 | Federal-State Extended Unemployment Compensation Act of 1970, that are attributable to service |
15 | in the employ of that nonprofit organization or governmental entity to individuals for weeks of |
16 | unemployment that begin during the effective period of that election; provided, that for weeks of |
17 | unemployment beginning on or after January 1, 1979, governmental entities that have elected |
18 | reimbursement shall be responsible for reimbursing the employment security fund for the full |
19 | amount of extended benefits paid that is attributable to service in the employ of those entities. |
20 | (b) Any nonprofit organization or governmental entity that is or becomes subject to |
21 | chapters 42 – 44 of this title on January 1, 1978, may elect to become liable for payments in lieu of |
22 | contributions for a period of not less than the 1978 tax year and the next ensuing tax year provided |
23 | it files with the director a written notice of its election within the thirty-day (30) period immediately |
24 | following January 1, 1978. |
25 | (c) Any nonprofit organization or governmental entity that becomes subject to chapters 42 |
26 | – 44 of this title after January 1, 1978, may elect to become liable for payments in lieu of |
27 | contributions for a period of not less than the balance of the tax year beginning with the date on |
28 | which that subjectivity begins and the next ensuing tax year by filing a written notice of its election |
29 | with the director not later than thirty (30) days immediately following the date of the determination |
30 | of that subjectivity. |
31 | (d) Any nonprofit organization or governmental entity that makes an election in accordance |
32 | with subsection (b) or (c) of this section will continue to be liable for payments in lieu of |
33 | contributions until it files with the director a written notice terminating its election not later than |
34 | thirty (30) days prior to the beginning of the tax year for which that termination shall first be |
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1 | effective. The nonprofit organization or governmental entity shall thereafter be liable for the |
2 | payment of contributions for not less than that tax year and the next ensuing tax year before another |
3 | election can be exercised. |
4 | (e) Any nonprofit organization or governmental entity that has been paying contributions |
5 | under chapters 42 – 44 of this title for a period subsequent to January 1, 1978, may change to a |
6 | reimbursable basis by filing with the director not later than thirty (30) days prior to the beginning |
7 | of any tax year a written notice of election to become liable for payments in lieu of contributions. |
8 | That election shall not be terminable by the organization or entity for that tax year and for the next |
9 | ensuing tax year. |
10 | (f) The director may for good cause extend the period within which a notice of election, or |
11 | a notice of termination, must be filed and may permit an election to be retroactive but not any earlier |
12 | than with respect to benefits paid on or after January 1, 1978. |
13 | (g) The director, in accordance with any procedures that he or she may prescribe, shall |
14 | notify each nonprofit organization or governmental entity of any determination that may be made |
15 | of its status as an employer and of the effective date of any election that it makes and of any |
16 | termination of that election. Any determination shall be conclusive on the organization or the entity |
17 | unless within fifteen (15) days after notice of the determination has been mailed or otherwise |
18 | delivered to it, an appeal is made to the board of review in writing in accordance with the provisions |
19 | of § 28-43-14. |
20 | (h) Notwithstanding the foregoing, any nonprofit organization, not including governmental |
21 | entities, employing not less than five hundred (500) employees shall be subject to the job |
22 | development assessment as prescribed in § 28-43-8.5. The director is authorized to promulgate |
23 | regulations to administer this assessment. |
24 | SECTION 2. Section 31-2-27 of the General Laws in Chapter 31-2 entitled “Division of |
25 | Motor Vehicles” is hereby amended to read as follows: |
26 | 31-2-27. Technology surcharge fee. |
27 | (a) The division of motor vehicles shall collect a technology surcharge fee of two dollars |
28 | and fifty cents ($2.50) three dollars and fifty cents ($3.50) per transaction for every division of |
29 | motor vehicles’ fee transaction, except as otherwise provided by law and provided no surcharge |
30 | fee is assessed on motor vehicle inspection transactions conducted pursuant to § 31-38-4. One |
31 | dollar and fifty cents ($1.50) of each two dollars and fifty cents ($2.50) collected pursuant to this |
32 | section shall be deposited into the information technology investment fund established pursuant to |
33 | § 42-11-2.5 and shall be used for project-related payments and/or ongoing maintenance of and |
34 | enhancements to the division of motor vehicles’ computer system and to reimburse the information |
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1 | technology investment fund for advances made to cover project-related payments. The remaining |
2 | one dollar ($1.00) All technology surcharge fees collected pursuant to this section shall be |
3 | deposited into a restricted-receipt account managed by the division of motor vehicles and restricted |
4 | to the project-related payments and/or ongoing maintenance of and enhancements to the division |
5 | of motor vehicles’ computer system. |
6 | (b) [Deleted by P.L. 2019, ch. 88, art. 7, § 1]. |
7 | (c) Beginning July 1, 2022, the full two dollars and fifty cents ($2.50) shall be deposited |
8 | into the division of motor vehicles restricted account and restricted to the project-related payments |
9 | and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer |
10 | system. |
11 | SECTION 3. Section 31-6-1 of the General Laws in Chapter 31-6 entitled “Registration |
12 | Fees” is hereby amended to read as follows: |
13 | 31-6-1. Amount of registration and miscellaneous fees. |
14 | The following registration fees shall be paid to the division of motor vehicles for the |
15 | registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for |
16 | each year of registration: |
17 | (1) For the registration of every automobile, when equipped with pneumatic tires, the gross |
18 | weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30.00). |
19 | (2) For the registration of every motor truck or tractor when equipped with pneumatic tires, |
20 | the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty-four dollars |
21 | ($34.00). |
22 | (3) For the registration of every automobile, motor truck or tractor, when equipped with |
23 | pneumatic tires, the gross weight of which is: |
24 | (i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds |
25 | (5,000 lbs.): forty dollars ($40.00); |
26 | (ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds |
27 | (6,000 lbs.): forty-eight dollars ($48.00); |
28 | (iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds |
29 | (7,000 lbs.): fifty-six dollars ($56.00); |
30 | (iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand |
31 | pounds (8,000 lbs.): sixty-four dollars ($64.00); |
32 | (v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds |
33 | (9,000 lbs.): seventy dollars ($70.00); |
34 | (vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds |
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1 | (10,000 lbs.): seventy-eight dollars ($78.00); |
2 | (vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand |
3 | pounds (12,000 lbs.): one hundred six dollars ($106); |
4 | (viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand |
5 | pounds (14,000 lbs.): one hundred twenty-four dollars ($124); |
6 | (ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand |
7 | pounds (16,000 lbs.): one hundred forty dollars ($140); |
8 | (x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand |
9 | pounds (18,000 lbs.): one hundred fifty-eight dollars ($158); |
10 | (xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand |
11 | pounds (20,000 lbs.): one hundred seventy-six dollars ($176); |
12 | (xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two |
13 | thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194); |
14 | (xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four |
15 | thousand pounds (24,000 lbs.): two hundred ten dollars ($210); |
16 | (xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six |
17 | thousand pounds (26,000 lbs.): two hundred thirty dollars ($230); |
18 | (xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight |
19 | thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296); |
20 | (xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty |
21 | thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316); |
22 | (xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two |
23 | thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422); |
24 | (xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four |
25 | thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448); |
26 | (xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six |
27 | thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476); |
28 | (xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight |
29 | thousand pounds (38,000 lbs.): five hundred and two dollars ($502); |
30 | (xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty |
31 | thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528); |
32 | (xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand |
33 | pounds (42,000 lbs.): five hundred and fifty-four dollars ($554); |
34 | (xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six |
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1 | thousand pounds (46,000 lbs.): six hundred and eight dollars ($608); |
2 | (xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand |
3 | pounds (50,000 lbs.): six hundred and sixty dollars ($660); |
4 | (xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand |
5 | pounds (54,000 lbs.): seven hundred and twelve dollars ($712); |
6 | (xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight |
7 | thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768); |
8 | (xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two |
9 | thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816); |
10 | (xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six |
11 | thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876); |
12 | (xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy |
13 | thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924); |
14 | (xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four |
15 | thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972); |
16 | (xxxi) Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two |
17 | dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross |
18 | weight. |
19 | (4) For the registration of every semi-trailer to be used with a truck-tractor, as defined in § |
20 | 31-1-4(f), shall be as follows: an annual fee of twelve dollars ($12.00) for a one-year registration; |
21 | for multi-year registrations the fee of fifty dollars ($50.00) for a five-year (5) registration; and |
22 | eighty dollars ($80.00) for an eight-year (8) registration. However, when in use, the weight of the |
23 | resulting semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of |
24 | the original semi-trailer unit from which the gross weight of the tractor was determined. A |
25 | registration certificate and registration plate shall be issued for each semi-trailer so registered. |
26 | There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety |
27 | (90) days before the effective date of that year’s registration, the pro rate amount, based on the |
28 | unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A |
29 | multi-year semi-trailer registration may be transferred to another semi-trailer subject to the |
30 | provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer registration fee |
31 | shall be retained by the division of motor vehicles to defray the costs of implementation of the |
32 | international registration plan (IRP) and fleet registration section. |
33 | (5) For the registration of every automobile, motor truck, or tractor, when equipped with |
34 | other than pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents |
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1 | (10¢) for each one hundred pounds (100 lbs.) of gross weight. |
2 | (6) For the registration of every public bus, the rates provided for motor vehicles for hire |
3 | plus two dollars ($2.00) for each passenger that bus is rated to carry, the rating to be determined by |
4 | the administrator of the division of motor vehicles. |
5 | (7) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars |
6 | ($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education |
7 | to assist in the payment of the cost of the motorcycle driver’s education program as enumerated in |
8 | § 31-10.1-1.1. |
9 | (8) For the registration of every trailer, not including semi-trailers used with a truck-tractor |
10 | as defined in § 31-1-4(d), with a gross weight of three thousand pounds (3,000 lbs.) or less, five |
11 | dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall |
12 | be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.). |
13 | (9) The annual registration fee for a motor vehicle, commonly described as a boxcar and/or |
14 | locomotive, and used only by La Societe Des 40 Hommes et 8 Chevaux for civic demonstration, |
15 | parades, convention purposes, or social welfare work, shall be two dollars ($2.00). |
16 | (10) For the registration of every motor vehicle, trailer, or semi-trailer owned by any |
17 | department or agency of any city or town or district, provided the name of the city or town or |
18 | district or state department or agency owning the same shall be plainly printed on two (2) sides of |
19 | the vehicle, two dollars ($2.00). |
20 | (11) For the registration of motor vehicles used for racing, fifteen dollars ($15.00). |
21 | (12) For every duplicate registration certificate, seventeen dollars ($17.00). |
22 | (13) For every certified copy of a registration certificate or application, ten dollars ($10.00). |
23 | (14) For every certificate assigning a special identification number or mark as provided in |
24 | § 31-3-37, one dollar ($1.00). |
25 | (15) For every replacement of number plates or additional pair of number plates, without |
26 | changing the number, thirty dollars ($30.00). |
27 | (16) For the registration of every farm vehicle, used in farming as provided in § 31-3-31: |
28 | ten dollars ($10.00). |
29 | (17) For the registration of antique motor vehicles, five dollars ($5.00). |
30 | (18) For the registration of a suburban vehicle, when used as a pleasure vehicle and the |
31 | gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as charged |
32 | in subsection (1) of this section shall be applicable and when used as a commercial vehicle and the |
33 | gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as |
34 | provided in subsection (2) of this section shall be applicable. The rates in subsection (3) of this |
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1 | section shall be applicable when the suburban vehicle has a gross weight of more than four thousand |
2 | pounds (4,000 lbs.), regardless of the use of the vehicle. |
3 | (19) For the registration of every motor bus that is used exclusively under contract with a |
4 | political subdivision or school district of the state for the transportation of school children, twenty- |
5 | five dollars ($25); provided that the motor bus may also be used for the transportation of persons |
6 | to and from church and Sunday school services, and for the transportation of children to and from |
7 | educational or recreational projects sponsored by a city or town or by any association or |
8 | organization supported wholly or in part by public or private donations for charitable purposes, |
9 | without the payment of additional registration fee. |
10 | (20) For the registration of every motorized bicycle, ten dollars ($10.00). |
11 | (21) For the registration of every motorized tricycle, ten dollars ($10.00). |
12 | (22) For the replacement of number plates with a number change, twenty dollars ($20.00). |
13 | (23) For the initial issuance and each reissuance of fully reflective plates, as required by §§ |
14 | 31-3-10, 31-3-32, and 31-3-33, an additional eight dollars ($8.00); provided, however, for the initial |
15 | issuance of new license plates as required by § 31-3-33(c) that feature the 2022 approved design, |
16 | the fee shall be waived when the plate is issued for a vehicle with an existing registration. |
17 | (24) For the issuance of a trip permit under the International Registration Plan, twenty-five |
18 | dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two-hour |
19 | (72) trip permits for vehicles required to be registered in the International Registration Plan that |
20 | have not been apportioned with the state of Rhode Island. |
21 | (25) For the issuance of a hunter’s permit under the International Registration Plan, twenty- |
22 | five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue hunter’s |
23 | permits for motor vehicles based in the state of Rhode Island and otherwise required to be registered |
24 | in the International Registration Plan. These permits are valid for thirty (30) days. |
25 | (26) For the registration of a specially adapted motor vehicle necessary to transport a family |
26 | member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) assessed. |
27 | (27) (i) For the registration of every automobile, motor truck, or tractor, there shall be |
28 | added to the above gross weight fees: |
29 | (A) a fee of one hundred fifty dollars ($150.00) for each battery electric vehicle; and |
30 | (B) a fee of seventy-five dollars ($75.00) for each plug-in hybrid electric vehicle. |
31 | (C)Beginning July 1, 2027, and every other year thereafter, each of these fees stated in |
32 | subdivisions (i)(A) and (B) of this subsection shall be adjusted by the same percentage the gasoline |
33 | tax is adjusted pursuant to § 31-36-7; said adjustment shall be rounded to the nearest one-dollar |
34 | ($1.00) increment, provided that each total fee shall not be less than provided for in subdivisions |
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1 | (i)(A) or (B) of this subsection, respectively. |
2 | (ii) For purposes of this subsection, the following definitions shall apply: |
3 | (A) “Battery Electric Vehicle” means a motor vehicle which operates solely by use of a |
4 | battery or battery pack. The term includes a motor vehicle which is powered mainly through the |
5 | use of an electric battery or battery pack but which uses a flywheel that stores energy produced by |
6 | the electric motor or through regenerative braking to assist in operation of the motor vehicle. |
7 | (B) “Plug-in Hybrid Electric Vehicle” means a motor vehicle that can deliver power to the |
8 | drive wheels solely by a battery-powered electric motor but which also incorporates the use of |
9 | another fuel to power a combustion engine. The battery of the vehicle must be capable of receiving |
10 | energy from an external source, such as an outlet or charging station. |
11 | SECTION 4. Sections 42-63.1-2 and 42-63.1-3 of the General Laws in Chapter 42-63.1 |
12 | entitled “Tourism and Development” is hereby amended to read as follows: |
13 | 42-63.1-2. Definitions. [Effective January 30, 2025.] |
14 | For the purposes of this chapter: |
15 | (1) “Consideration” means the monetary charge for the use of space devoted to transient |
16 | lodging accommodations. |
17 | (2) “Corporation” means the Rhode Island commerce corporation. |
18 | (3) “District” means the regional tourism districts set forth in § 42-63.1-5. |
19 | (4) “Hosting platform” means any electronic or operating system in which a person or |
20 | entity provides a means through which an owner may offer a residential unit for “tourist or |
21 | transient” use. This service is usually, though not necessarily, provided through an online or web- |
22 | based system which generally allows an owner to advertise the residential unit through a hosted |
23 | website and provides a means for a person or entity to arrange, or otherwise facilitate reservations |
24 | for, tourist or transient use in exchange for payment, whether the person or entity pays rent directly |
25 | to the owner or to the hosting platform. All hosting platforms are required to collect and remit the |
26 | tax owed under this section. |
27 | (5) “Hotel” means any facility offering a minimum of one (1) room for which the public |
28 | may, for a consideration, obtain transient lodging accommodations. The term “hotel” shall include |
29 | hotels, motels, tourist homes, tourist camps, lodging houses, and inns. The term “hotel” shall also |
30 | include houses, condominiums, or other residential dwelling units, regardless of the number of |
31 | rooms, which are used and/or advertised for rent for occupancy. The term “hotel” shall not include |
32 | schools, hospitals, sanitariums, nursing homes, and chronic care centers. |
33 | (6) “Occupancy” means a person, firm, or corporation’s use of space for transient lodging |
34 | accommodations not to exceed thirty (30) days. Excluded from “occupancy” is the use of space for |
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1 | which the occupant has a written lease for the space, which lease covers a rental period of twelve |
2 | (12) months or more. Furthermore, any house, condominium, or other residential dwelling rented, |
3 | for which the occupant has a documented arrangement for the space covering a rental period of |
4 | more than thirty (30) consecutive days or for one calendar month is excluded from the definition |
5 | of occupancy. |
6 | (7) “Owner” means any person who owns real property and is the owner of record. Owner |
7 | shall also include a lessee where the lessee is offering a residential unit for “tourist or transient” |
8 | use. |
9 | (8) “Residential unit” means a room or rooms, including a condominium or a room or a |
10 | dwelling unit that forms part of a single, joint, or shared tenant arrangement, in any building, or |
11 | portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied for non- |
12 | commercial use. |
13 | (9) “Tax” means the hotel tax and whole home short-term rental tax imposed by § 44-18- |
14 | 36.1(a) and (d). |
15 | (10) “Tourist or transient” means any use of a residential unit for occupancy for less than |
16 | a thirty (30) consecutive day term of tenancy, or occupancy for less than thirty (30) consecutive |
17 | days of a residential unit leased or owned by a business entity, whether on a short-term or long- |
18 | term basis, including any occupancy by employees or guests of a business entity for less than thirty |
19 | (30) consecutive days where payment for the residential unit is contracted for or paid by the |
20 | business entity. |
21 | (11) “Tour operator” means a person that derives a majority of their or its revenue by |
22 | providing tour operator packages. |
23 | (12) “Tour operator packages” means travel packages that include the services of a tour |
24 | guide and where the itinerary encompasses five (5) or more consecutive days. |
25 | 42-63.1-3. Distribution of tax. |
26 | (a) For returns and tax payments received on or before December 31, 2015, except as |
27 | provided in § 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax |
28 | collected from residential units offered for tourist or transient use through a hosting platform, shall |
29 | be distributed as follows by the division of taxation and the city of Newport: |
30 | (1) Forty-seven percent (47%) of the tax generated by the hotels in the district, except as |
31 | otherwise provided in this chapter, shall be given to the regional tourism district wherein the hotel |
32 | is located; provided, however, that from the tax generated by the hotels in the city of Warwick, |
33 | thirty-one percent (31%) of the tax shall be given to the Warwick regional tourism district |
34 | established in § 42-63.1-5(a)(5) and sixteen percent (16%) of the tax shall be given to the Greater |
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1 | Providence-Warwick Convention and Visitors’ Bureau established in § 42-63.1-11; and provided |
2 | further, that from the tax generated by the hotels in the city of Providence, sixteen percent (16%) |
3 | of that tax shall be given to the Greater Providence-Warwick Convention and Visitors’ Bureau |
4 | established by § 42-63.1-11, and thirty-one percent (31%) of that tax shall be given to the |
5 | Convention Authority of the city of Providence established pursuant to the provisions of chapter |
6 | 84 of the public laws of January, 1980; provided, however, that the receipts attributable to the |
7 | district as defined in § 42-63.1-5(a)(7) shall be deposited as general revenues, and that the receipts |
8 | attributable to the district as defined in § 42-63.1-5(a)(8) shall be given to the Rhode Island |
9 | commerce corporation as established in chapter 64 of this title. |
10 | (2) Twenty-five percent (25%) of the hotel tax shall be given to the city or town where the |
11 | hotel that generated the tax is physically located, to be used for whatever purpose the city or town |
12 | decides. |
13 | (3) Twenty-one percent (21%) of the hotel tax shall be given to the Rhode Island commerce |
14 | corporation established in chapter 64 of this title, and seven percent (7%) to the Greater Providence- |
15 | Warwick Convention and Visitors’ Bureau. |
16 | (b) For returns and tax payments received after December 31, 2015, except as provided in |
17 | § 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from |
18 | residential units offered for tourist or transient use through a hosting platform, shall be distributed |
19 | as follows by the division of taxation and the city of Newport: |
20 | (1) For the tax generated by the hotels in the Aquidneck Island district, as defined in § 42- |
21 | 63.1-5, forty-two percent (42%) of the tax shall be given to the Aquidneck Island district, twenty- |
22 | five percent (25%) of the tax shall be given to the city or town where the hotel that generated the |
23 | tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
24 | Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight percent |
25 | (28%) of the tax shall be given to the Rhode Island commerce corporation established in chapter |
26 | 64 of this title. |
27 | (2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-5, |
28 | twenty eight percent (28%) of the tax shall be given to the Providence district, twenty-five percent |
29 | (25%) of the tax shall be given to the city or town where the hotel that generated the tax is physically |
30 | located, twenty-three percent (23%) of the tax shall be given to the Greater Providence-Warwick |
31 | Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four percent (24%) of the |
32 | tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
33 | (3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5, |
34 | twenty-eight percent (28%) of the tax shall be given to the Warwick District, twenty-five percent |
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1 | (25%) of the tax shall be given to the city or town where the hotel that generated the tax is physically |
2 | located, twenty-three percent (23%) of the tax shall be given to the Greater Providence-Warwick |
3 | Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four percent (24%) of the |
4 | tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
5 | (4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5, |
6 | twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated |
7 | the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
8 | Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy percent (70%) |
9 | of the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this |
10 | title. |
11 | (5) With respect to the tax generated by hotels in districts other than those set forth in |
12 | subsections (b)(1) through (b)(4) of this section, forty-two percent (42%) of the tax shall be given |
13 | to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located, twenty-five |
14 | percent (25%) of the tax shall be given to the city or town where the hotel that generated the tax is |
15 | physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick |
16 | Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight percent (28%) of |
17 | the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this |
18 | title. |
19 | (c) For returns and tax payments received before July 1, 2019, the proceeds of the hotel tax |
20 | collected from residential units offered for tourist or transient use through a hosting platform shall |
21 | be distributed as follows by the division of taxation and the city of Newport: twenty-five percent |
22 | (25%) of the tax shall be given to the city or town where the residential unit that generated the tax |
23 | is physically located, and seventy-five percent (75%) of the tax shall be given to the Rhode Island |
24 | commerce corporation established in chapter 64 of this title. |
25 | (d) The Rhode Island commerce corporation shall be required in each fiscal year to spend |
26 | on the promotion and marketing of Rhode Island as a destination for tourists or businesses an |
27 | amount of money of no less than the total proceeds of the hotel tax it receives pursuant to this |
28 | chapter for the fiscal year. |
29 | (e) Notwithstanding the foregoing provisions of this section, for returns and tax payments |
30 | received on or after July 1, 2016, and on or before June 30, 2017, except as provided in § 42-63.1- |
31 | 12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from residential |
32 | units offered for tourist or transient use through a hosting platform, shall be distributed in |
33 | accordance with the distribution percentages established in subsections (a)(1) through (a)(3) of this |
34 | section by the division of taxation and the city of Newport. |
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1 | (f) For returns and tax payments received on or after July 1, 2018, except as provided in § |
2 | 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from |
3 | residential units offered for tourist or transient use through a hosting platform, shall be distributed |
4 | as follows by the division of taxation and the city of Newport: |
5 | (1) For the tax generated by the hotels in the Aquidneck Island district, as defined in § 42- |
6 | 63.1-5, forty-five percent (45%) of the tax shall be given to the Aquidneck Island district, twenty- |
7 | five percent (25%) of the tax shall be given to the city or town where the hotel that generated the |
8 | tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
9 | Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five percent |
10 | (25%) of the tax shall be given to the Rhode Island commerce corporation established in chapter |
11 | 64 of this title. |
12 | (2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-5, |
13 | thirty percent (30%) of the tax shall be given to the Providence district, twenty-five percent (25%) |
14 | of the tax shall be given to the city or town where the hotel that generated the tax is physically |
15 | located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick |
16 | Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the |
17 | tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
18 | (3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5, |
19 | thirty percent (30%) of the tax shall be given to the Warwick District, twenty-five percent (25%) |
20 | of the tax shall be given to the city or town where the hotel that generated the tax is physically |
21 | located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick |
22 | Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the |
23 | tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
24 | (4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5, |
25 | twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that generated |
26 | the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
27 | Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy percent (70%) |
28 | of the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this |
29 | title. |
30 | (5) With respect to the tax generated by hotels in districts other than those set forth in |
31 | subsections (f)(1) through (f)(4) of this section, forty-five percent (45%) of the tax shall be given |
32 | to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located, twenty-five |
33 | percent (25%) of the tax shall be given to the city or town where the hotel that generated the tax is |
34 | physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick |
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1 | Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five (25%) of the tax shall |
2 | be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
3 | (g) For returns and tax payments received on or after July 1, 2019, except as provided in § |
4 | 42-63.1-12, the proceeds of the hotel tax, including the portion of the hotel tax collected from |
5 | residential units offered for tourist or transient use through a hosting platform except as provided |
6 | in subsection (h) of this section, shall be distributed as follows by the division of taxation and the |
7 | city of Newport: |
8 | (1) For the tax generated in the Aquidneck Island district, as defined in § 42-63.1-5, forty- |
9 | five percent (45%) of the tax shall be given to the Aquidneck Island district, twenty-five percent |
10 | (25%) of the tax shall be given to the city or town where the hotel or residential unit that generated |
11 | the tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence- |
12 | Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five percent |
13 | (25%) of the tax shall be given to the Rhode Island commerce corporation established in chapter |
14 | 64 of this title. |
15 | (2) For the tax generated in the Providence district as defined in § 42-63.1-5, thirty percent |
16 | (30%) of the tax shall be given to the Providence district, twenty-five percent (25%) of the tax shall |
17 | be given to the city or town where the hotel or residential unit that generated the tax is physically |
18 | located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick |
19 | Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the |
20 | tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
21 | (3) For the tax generated in the Warwick district as defined in § 42-63.1-5, thirty percent |
22 | (30%) of the tax shall be given to the Warwick District, twenty-five percent (25%) of the tax shall |
23 | be given to the city or town where the hotel or residential unit that generated the tax is physically |
24 | located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick |
25 | Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the |
26 | tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this title. |
27 | (4) For the tax generated in the Statewide district, as defined in § 42-63.1-5, twenty-five |
28 | percent (25%) of the tax shall be given to the city or town where the hotel or residential unit that |
29 | generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater |
30 | Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy |
31 | percent (70%) of the tax shall be given to the Rhode Island commerce corporation established in |
32 | chapter 64 of this title. |
33 | (5) With respect to the tax generated in districts other than those set forth in subsections |
34 | (g)(1) through (g)(4) of this section, forty-five percent (45%) of the tax shall be given to the regional |
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1 | tourism district, as defined in § 42-63.1-5, wherein the hotel or residential unit is located, twenty- |
2 | five percent (25%) of the tax shall be given to the city or town where the hotel or residential unit |
3 | that generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater |
4 | Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five |
5 | percent (25%) of the tax shall be given to the Rhode Island commerce corporation established in |
6 | chapter 64 of this title. |
7 | (h) Distribution of whole home short-term rental tax. For returns and tax payments received |
8 | after December 31, 2025, the proceeds of the whole home short-term rental tax established in § 44- |
9 | 18-36.1(d) shall be given by the division of taxation and the city of Newport to the department of |
10 | housing, which shall deposit the proceeds into the Housing Resources and Homelessness restricted |
11 | receipt account, established pursuant to § 42-128-2(3). |
12 | SECTION 5. Chapter 42-64.11 of the General Laws entitled “Jobs Growth Act” is hereby |
13 | amended by adding thereto the following section: |
14 | 42-64.11-7. Sunset. |
15 | No modifications shall be allowed, no applications shall be certified, and no taxpayers |
16 | certified prior to January 1, 2026, shall pay the tax under this chapter for tax years beginning on or |
17 | after January 1, 2026. |
18 | SECTION 6. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and |
19 | Use Taxes — Liability and Computation" is hereby amended to read as follows: |
20 | 44-18-30. Gross receipts exempt from sales and use taxes. |
21 | There are exempted from the taxes imposed by this chapter the following gross receipts: |
22 | (1) Sales and uses beyond constitutional power of state. From the sale and from the |
23 | storage, use, or other consumption in this state of tangible personal property the gross receipts from |
24 | the sale of which, or the storage, use, or other consumption of which, this state is prohibited from |
25 | taxing under the Constitution of the United States or under the constitution of this state. |
26 | (2) Newspapers. |
27 | (i) From the sale and from the storage, use, or other consumption in this state of any |
28 | newspaper. |
29 | (ii) “Newspaper” means an unbound publication printed on newsprint that contains news, |
30 | editorial comment, opinions, features, advertising matter, and other matters of public interest. |
31 | (iii) “Newspaper” does not include a magazine, handbill, circular, flyer, sales catalog, or |
32 | similar item unless the item is printed for, and distributed as, a part of a newspaper. |
33 | (3) School meals. From the sale and from the storage, use, or other consumption in this |
34 | state of meals served by public, private, or parochial schools, school districts, colleges, universities, |
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1 | student organizations, and parent-teacher associations to the students or teachers of a school, |
2 | college, or university whether the meals are served by the educational institutions or by a food |
3 | service or management entity under contract to the educational institutions. |
4 | (4) Containers. |
5 | (i) From the sale and from the storage, use, or other consumption in this state of: |
6 | (A) Non-returnable containers, including boxes, paper bags, and wrapping materials that |
7 | are biodegradable and all bags and wrapping materials utilized in the medical and healing arts, |
8 | when sold without the contents to persons who place the contents in the container and sell the |
9 | contents with the container. |
10 | (B) Containers when sold with the contents if the sale price of the contents is not required |
11 | to be included in the measure of the taxes imposed by this chapter. |
12 | (C) Returnable containers when sold with the contents in connection with a retail sale of |
13 | the contents or when resold for refilling. |
14 | (D) Keg and barrel containers, whether returnable or not, when sold to alcoholic beverage |
15 | producers who place the alcoholic beverages in the containers. |
16 | (ii) As used in this subdivision, the term “returnable containers” means containers of a kind |
17 | customarily returned by the buyer of the contents for reuse. All other containers are “non-returnable |
18 | containers.” |
19 | (5)(i) Charitable, educational, and religious organizations. From the sale to, as in |
20 | defined in this section, and from the storage, use, and other consumption in this state, or any other |
21 | state of the United States of America, of tangible personal property by hospitals not operated for a |
22 | profit; “educational institutions” as defined in subdivision (18) not operated for a profit; churches, |
23 | orphanages, and other institutions or organizations operated exclusively for religious or charitable |
24 | purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting |
25 | leagues and associations and bands for boys and girls under the age of nineteen (19) years; the |
26 | following vocational student organizations that are state chapters of national vocational student |
27 | organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of |
28 | America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers |
29 | of America/Home Economics Related Occupations (FHA/HERD); Vocational Industrial Clubs of |
30 | America (VICA); organized nonprofit golden age and senior citizens clubs for men and women; |
31 | and parent-teacher associations; and from the sale, storage, use, and other consumption in this state, |
32 | of and by the Industrial Foundation of Burrillville, a Rhode Island domestic nonprofit corporation. |
33 | (ii) In the case of contracts entered into with the federal government, its agencies, or |
34 | instrumentalities, this state, or any other state of the United States of America, its agencies, any |
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1 | city, town, district, or other political subdivision of the states; hospitals not operated for profit; |
2 | educational institutions not operated for profit; churches, orphanages, and other institutions or |
3 | organizations operated exclusively for religious or charitable purposes, the contractor may purchase |
4 | such materials and supplies (materials and/or supplies are defined as those that are essential to the |
5 | project) that are to be utilized in the construction of the projects being performed under the contracts |
6 | without payment of the tax. |
7 | (iii) The contractor shall not charge any sales or use tax to any exempt agency, institution, |
8 | or organization but shall in that instance provide his or her suppliers with certificates in the form |
9 | as determined by the division of taxation showing the reason for exemption and the contractor’s |
10 | records must substantiate the claim for exemption by showing the disposition of all property so |
11 | purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax |
12 | on the property used. |
13 | (6) Gasoline. From the sale and from the storage, use, or other consumption in this state |
14 | of: (i) Gasoline and other products taxed under chapter 36 of title 31 and (ii) Fuels used for the |
15 | propulsion of airplanes. |
16 | (7) Purchase for manufacturing purposes. |
17 | (i) From the sale and from the storage, use, or other consumption in this state of computer |
18 | software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and |
19 | water, when the property or service is purchased for the purpose of being manufactured into a |
20 | finished product for resale and becomes an ingredient, component, or integral part of the |
21 | manufactured, compounded, processed, assembled, or prepared product, or if the property or |
22 | service is consumed in the process of manufacturing for resale computer software, tangible personal |
23 | property, electricity, natural gas, artificial gas, steam, refrigeration, or water. |
24 | (ii) “Consumed” means destroyed, used up, or worn out to the degree or extent that the |
25 | property cannot be repaired, reconditioned, or rendered fit for further manufacturing use. |
26 | (iii) “Consumed” includes mere obsolescence. |
27 | (iv) “Manufacturing” means and includes: manufacturing, compounding, processing, |
28 | assembling, preparing, or producing. |
29 | (v) “Process of manufacturing” means and includes all production operations performed in |
30 | the producing or processing room, shop, or plant, insofar as the operations are a part of and |
31 | connected with the manufacturing for resale of tangible personal property, electricity, natural gas, |
32 | artificial gas, steam, refrigeration, or water and all production operations performed insofar as the |
33 | operations are a part of and connected with the manufacturing for resale of computer software. |
34 | (vi) “Process of manufacturing” does not mean or include administration operations such |
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1 | as general office operations, accounting, collection, or sales promotion, nor does it mean or include |
2 | distribution operations that occur subsequent to production operations, such as handling, storing, |
3 | selling, and transporting the manufactured products, even though the administration and |
4 | distribution operations are performed by, or in connection with, a manufacturing business. |
5 | (8) State and political subdivisions. From the sale to, and from the storage, use, or other |
6 | consumption by, this state, any city, town, district, or other political subdivision of this state. Every |
7 | redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of |
8 | the municipality where it is located. |
9 | (9) Food and food ingredients. From the sale and storage, use, or other consumption in |
10 | this state of food and food ingredients as defined in § 44-18-7.1(l). |
11 | For the purposes of this exemption “food and food ingredients” shall not include candy, |
12 | soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending |
13 | machines, or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is: |
14 | (i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311, |
15 | except sub-sector 3118 (bakeries); |
16 | (ii) Sold in an unheated state by weight or volume as a single item; |
17 | (iii) Bakery items, including: bread, rolls, buns, biscuits, bagels, croissants, pastries, |
18 | donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and |
19 | is not sold with utensils provided by the seller, including: plates, knives, forks, spoons, |
20 | glasses, cups, napkins, or straws. |
21 | (10) Medicines, drugs, and durable medical equipment. From the sale and from the |
22 | storage, use, or other consumption in this state, of: |
23 | (i) “Drugs” as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and |
24 | insulin whether or not sold on prescription. For purposes of this exemption drugs shall not include |
25 | over-the-counter drugs and grooming and hygiene products as defined in § 44-18-7.1(h)(iii). |
26 | (ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only, including, |
27 | but not limited to: syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent |
28 | chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug |
29 | delivery pumps that are sold on prescription to individuals to be used by them to dispense or |
30 | administer prescription drugs, and related ancillary dressings and supplies used to dispense or |
31 | administer prescription drugs, shall also be exempt from tax. |
32 | (11) Prosthetic devices and mobility enhancing equipment. From the sale and from the |
33 | storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t), |
34 | sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles, eyeglasses, |
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1 | and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription; |
2 | and mobility enhancing equipment as defined in § 44-18-7.1(p), including wheelchairs, crutches, |
3 | and canes. |
4 | (12) Coffins, caskets, urns, shrouds and burial garments. From the sale and from the |
5 | storage, use, or other consumption in this state of coffins, caskets, burial containers, urns, urn liners, |
6 | urn vaults, grave liners, grave vaults, burial tent setups, prayer cards, shrouds, and other burial |
7 | garments that are ordinarily sold by a funeral director as part of the business of funeral directing. |
8 | (13) Motor vehicles sold to nonresidents. |
9 | (i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident |
10 | of this state who does not register the motor vehicle in this state, whether the sale or delivery of the |
11 | motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle |
12 | sold to a bona fide nonresident whose state of residence does not allow a like exemption to its |
13 | nonresidents is not exempt from the tax imposed under § 44-18-20. In that event, the bona fide |
14 | nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed |
15 | in his or her state of residence not to exceed the rate that would have been imposed under § 44-18- |
16 | 20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and |
17 | collect the tax required under this subdivision and remit the tax to the tax administrator under the |
18 | provisions of chapters 18 and 19 of this title. When a Rhode Island licensed, motor vehicle dealer |
19 | is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide |
20 | nonresident as provided in this section, the dealer in computing the tax takes into consideration the |
21 | law of the state of the nonresident as it relates to the trade-in of motor vehicles. |
22 | (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may |
23 | require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the |
24 | tax administrator deems reasonably necessary to substantiate the exemption provided in this |
25 | subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the |
26 | motor vehicle was the holder of, and had in his or her possession a valid out-of-state motor vehicle |
27 | registration or a valid out-of-state driver’s license. |
28 | (iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of |
29 | the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or |
30 | other consumption in this state, and is subject to, and liable for, the use tax imposed under the |
31 | provisions of § 44-18-20. |
32 | (14) Sales in public buildings by blind people. From the sale and from the storage, use, |
33 | or other consumption in all public buildings in this state of all products or wares by any person |
34 | licensed under § 40-9-11.1. |
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1 | (15) Air and water pollution control facilities. From the sale, storage, use, or other |
2 | consumption in this state of tangible personal property or supplies acquired for incorporation into |
3 | or used and consumed in the operation of a facility, the primary purpose of which is to aid in the |
4 | control of the pollution or contamination of the waters or air of the state, as defined in chapter 12 |
5 | of title 46 and chapter 23 of title 23, respectively, and that has been certified as approved for that |
6 | purpose by the director of environmental management. The director of environmental management |
7 | may certify to a portion of the tangible personal property or supplies acquired for incorporation |
8 | into those facilities or used and consumed in the operation of those facilities to the extent that that |
9 | portion has as its primary purpose the control of the pollution or contamination of the waters or air |
10 | of this state. As used in this subdivision, “facility” means any land, facility, device, building, |
11 | machinery, or equipment. |
12 | (16) Camps. From the rental charged for living quarters, or sleeping, or housekeeping |
13 | accommodations at camps or retreat houses operated by religious, charitable, educational, or other |
14 | organizations and associations mentioned in subsection (5), or by privately owned and operated |
15 | summer camps for children. |
16 | (17) Certain institutions. From the rental charged for living or sleeping quarters in an |
17 | institution licensed by the state for the hospitalization, custodial, or nursing care of human beings. |
18 | (18) Educational institutions. From the rental charged by any educational institution for |
19 | living quarters, or sleeping, or housekeeping accommodations or other rooms or accommodations |
20 | to any student or teacher necessitated by attendance at an educational institution. “Educational |
21 | institution” as used in this section means an institution of learning not operated for profit that is |
22 | empowered to confer diplomas, educational, literary, or academic degrees; that has a regular |
23 | faculty, curriculum, and organized body of pupils or students in attendance throughout the usual |
24 | school year; that keeps and furnishes to students and others records required and accepted for |
25 | entrance to schools of secondary, collegiate, or graduate rank; and no part of the net earnings of |
26 | which inures to the benefit of any individual. |
27 | (19) Motor vehicle and adaptive equipment for persons with disabilities. |
28 | (i) From the sale of: (A) Special adaptations; (B) The component parts of the special |
29 | adaptations; or (C) A specially adapted motor vehicle; provided that the owner furnishes to the tax |
30 | administrator an affidavit of a licensed physician to the effect that the specially adapted motor |
31 | vehicle is necessary to transport a family member with a disability or where the vehicle has been |
32 | specially adapted to meet the specific needs of the person with a disability. This exemption applies |
33 | to not more than one motor vehicle owned and registered for personal, noncommercial use. |
34 | (ii) For the purpose of this subsection the term “special adaptations” includes, but is not |
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1 | limited to: wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair securements, hand |
2 | controls, steering devices, extensions, relocations, and crossovers of operator controls, power- |
3 | assisted controls, raised tops or dropped floors, raised entry doors, or alternative signaling devices |
4 | to auditory signals. |
5 | (iii) From the sale of: (a) Special adaptations, (b) The component parts of the special |
6 | adaptations, for a “wheelchair accessible taxicab” as defined in § 39-14-1, and/or a “wheelchair |
7 | accessible public motor vehicle” as defined in § 39-14.1-1. |
8 | (iv) For the purpose of this subdivision the exemption for a “specially adapted motor |
9 | vehicle” means a use tax credit not to exceed the amount of use tax that would otherwise be due on |
10 | the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special |
11 | adaptations, including installation. |
12 | (20) Heating fuels. From the sale and from the storage, use, or other consumption in this |
13 | state of every type of heating fuel. |
14 | (21) Electricity and gas. From the sale and from the storage, use, or other consumption |
15 | in this state of electricity and gas. |
16 | (22) Manufacturing machinery and equipment. |
17 | (i) From the sale and from the storage, use, or other consumption in this state of tools, dies, |
18 | molds, machinery, equipment (including replacement parts), and related items to the extent used in |
19 | an industrial plant in connection with the actual manufacture, conversion, or processing of tangible |
20 | personal property, or to the extent used in connection with the actual manufacture, conversion, or |
21 | processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 |
22 | in the standard industrial classification manual prepared by the Technical Committee on Industrial |
23 | Classification, Office of Statistical Standards, Executive Office of the President, United States |
24 | Bureau of the Budget, as revised from time to time, to be sold, or that machinery and equipment |
25 | used in the furnishing of power to an industrial manufacturing plant. For the purposes of this |
26 | subdivision, “industrial plant” means a factory at a fixed location primarily engaged in the |
27 | manufacture, conversion, or processing of tangible personal property to be sold in the regular |
28 | course of business; |
29 | (ii) Machinery and equipment and related items are not deemed to be used in connection |
30 | with the actual manufacture, conversion, or processing of tangible personal property, or in |
31 | connection with the actual manufacture, conversion, or processing of computer software as that |
32 | term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification |
33 | manual prepared by the Technical Committee on Industrial Classification, Office of Statistical |
34 | Standards, Executive Office of the President, United States Bureau of the Budget, as revised from |
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1 | time to time, to be sold to the extent the property is used in administration or distribution operations; |
2 | (iii) Machinery and equipment and related items used in connection with the actual |
3 | manufacture, conversion, or processing of any computer software or any tangible personal property |
4 | that is not to be sold and that would be exempt under subdivision (7) or this subdivision if purchased |
5 | from a vendor or machinery and equipment and related items used during any manufacturing, |
6 | converting, or processing function is exempt under this subdivision even if that operation, function, |
7 | or purpose is not an integral or essential part of a continuous production flow or manufacturing |
8 | process; |
9 | (iv) Where a portion of a group of portable or mobile machinery is used in connection with |
10 | the actual manufacture, conversion, or processing of computer software or tangible personal |
11 | property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under |
12 | this subdivision even though the machinery in that group is used interchangeably and not otherwise |
13 | identifiable as to use. |
14 | (23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other |
15 | consumption in this state of so much of the purchase price paid for a new or used automobile as is |
16 | allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of |
17 | the proceeds applicable only to the automobile as are received from the manufacturer of |
18 | automobiles for the repurchase of the automobile whether the repurchase was voluntary or not |
19 | towards the purchase of a new or used automobile by the buyer. For the purpose of this subdivision, |
20 | the word “automobile” means a private passenger automobile not used for hire and does not refer |
21 | to any other type of motor vehicle. |
22 | (24) Precious metal bullion. |
23 | (i) From the sale and from the storage, use, or other consumption in this state of precious |
24 | metal bullion, substantially equivalent to a transaction in securities or commodities. |
25 | (ii) For purposes of this subdivision, “precious metal bullion” means any elementary |
26 | precious metal that has been put through a process of smelting or refining, including, but not limited |
27 | to: gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that its value |
28 | depends upon its content and not upon its form. |
29 | (iii) The term does not include fabricated precious metal that has been processed or |
30 | manufactured for some one or more specific and customary industrial, professional, or artistic uses. |
31 | (25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel |
32 | of fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the |
33 | repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use |
34 | of the vessels including provisions, supplies, and material for the maintenance and/or repair of the |
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1 | vessels. |
2 | (26) Commercial fishing vessels. From the sale and from the storage, use, or other |
3 | consumption in this state of vessels and other watercraft that are in excess of five (5) net tons and |
4 | that are used exclusively for “commercial fishing,” as defined in this subdivision, and from the |
5 | repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property |
6 | purchased for the use of those vessels and other watercraft including provisions, supplies, and |
7 | material for the maintenance and/or repair of the vessels and other watercraft and the boats nets, |
8 | cables, tackle, and other fishing equipment appurtenant to or used in connection with the |
9 | commercial fishing of the vessels and other watercraft. “Commercial fishing” means taking or |
10 | attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of it for |
11 | profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence |
12 | fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include |
13 | vessels and other watercraft with a Rhode Island party and charter boat license issued by the |
14 | department of environmental management pursuant to § 20-2-27.1 that meet the following criteria: |
15 | (i) The operator must have a current United States Coast Guard (U.S.C.G.) license to carry |
16 | passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii) |
17 | U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat |
18 | registration to prove Rhode Island home port status; and (iv) The vessel must be used as a |
19 | commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be |
20 | able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters |
21 | or provides documentation of a minimum of one hundred (100) charter trips annually; and (v) The |
22 | vessel must have a valid Rhode Island party and charter boat license. The tax administrator shall |
23 | implement the provisions of this subdivision by promulgating rules and regulations relating thereto. |
24 | (27) Clothing and footwear. From the sales of articles of clothing, including footwear, |
25 | intended to be worn or carried on or about the human body for sales prior to October 1, 2012. |
26 | Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including |
27 | footwear, intended to be worn or carried on or about the human body up to two hundred and fifty |
28 | dollars ($250) of the sales price per item. For the purposes of this section, “clothing or footwear” |
29 | does not include clothing accessories or equipment or special clothing or footwear primarily |
30 | designed for athletic activity or protective use as these terms are defined in § 44-18-7.1(f). In |
31 | recognition of the work being performed by the streamlined sales and use tax governing board, |
32 | upon passage of any federal law that authorizes states to require remote sellers to collect and remit |
33 | sales and use taxes, this unlimited exemption will apply as it did prior to October 1, 2012. The |
34 | unlimited exemption on sales of clothing and footwear shall take effect on the date that the state |
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1 | requires remote sellers to collect and remit sales and use taxes. |
2 | (28) Water for residential use. From the sale and from the storage, use, or other |
3 | consumption in this state of water furnished for domestic use by occupants of residential premises. |
4 | (29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes |
5 | to Decisions.] From the sale and from the storage, use, or other consumption in the state of any |
6 | canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited |
7 | to, the Old Testament and the New Testament versions. |
8 | (30) Boats. |
9 | (i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not |
10 | register the boat or vessel in this state or document the boat or vessel with the United States |
11 | government at a home port within the state, whether the sale or delivery of the boat or vessel is |
12 | made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30) |
13 | days after delivery by the seller outside the state for use thereafter solely outside the state. |
14 | (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may |
15 | require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the |
16 | tax administrator deems reasonably necessary to substantiate the exemption provided in this |
17 | subdivision, including the affidavit of the seller that the buyer represented himself or herself to be |
18 | a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state. |
19 | (31) Youth activities equipment. From the sale, storage, use, or other consumption in |
20 | this state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island |
21 | eleemosynary organizations, for the purposes of youth activities that the organization is formed to |
22 | sponsor and support; and by accredited elementary and secondary schools for the purposes of the |
23 | schools or of organized activities of the enrolled students. |
24 | (32) Farm equipment. From the sale and from the storage or use of machinery and |
25 | equipment used directly for commercial farming and agricultural production; including, but not |
26 | limited to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors, |
27 | balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment, |
28 | greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and |
29 | other farming equipment, including replacement parts appurtenant to or used in connection with |
30 | commercial farming and tools and supplies used in the repair and maintenance of farming |
31 | equipment. “Commercial farming” means the keeping or boarding of five (5) or more horses or the |
32 | production within this state of agricultural products, including, but not limited to, field or orchard |
33 | crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production |
34 | provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator, |
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1 | whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July |
2 | 1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I |
3 | shall be based on proof of annual, gross sales from commercial farming of at least twenty-five |
4 | hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this |
5 | subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or |
6 | greater. Level II shall be based on proof of annual gross sales from commercial farming of at least |
7 | ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption |
8 | provided in this subdivision including motor vehicles with an excise tax value of five thousand |
9 | dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount |
10 | of annual gross sales from commercial farming shall be required for the prior year; for any renewal |
11 | of an exemption granted in accordance with this subdivision at either level I or level II, proof of |
12 | gross annual sales from commercial farming at the requisite amount shall be required for each of |
13 | the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly |
14 | indicate the level of the exemption and be valid for four (4) years after the date of issue. This |
15 | exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for |
16 | a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after |
17 | July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for |
18 | registration displaying farm plates as provided for in § 31-3-31. |
19 | (33) Compressed air. From the sale and from the storage, use, or other consumption in |
20 | the state of compressed air. |
21 | (34) Flags. From the sale and from the storage, consumption, or other use in this state of |
22 | United States, Rhode Island or POW-MIA flags. |
23 | (35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a |
24 | motor vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss |
25 | of or the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether |
26 | service connected or not. The motor vehicle must be purchased by and especially equipped for use |
27 | by the qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules |
28 | or regulations that the tax administrator may prescribe. |
29 | (36) Textbooks. From the sale and from the storage, use, or other consumption in this |
30 | state of textbooks by an “educational institution,” as defined in subsection (18) of this section, and |
31 | any educational institution within the purview of § 16-63-9(4), and used textbooks by any purveyor. |
32 | (37) Tangible personal property and supplies used in on-site hazardous waste |
33 | recycling, reuse, or treatment. From the sale, storage, use, or other consumption in this state of |
34 | tangible personal property or supplies used or consumed in the operation of equipment, the |
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1 | exclusive function of which is the recycling, reuse, or recovery of materials (other than precious |
2 | metals, as defined in subdivision (24)(ii) of this section) from the treatment of “hazardous wastes,” |
3 | as defined in § 23-19.1-4, where the “hazardous wastes” are generated in Rhode Island solely by |
4 | the same taxpayer and where the personal property is located at, in, or adjacent to a generating |
5 | facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of |
6 | the department of environmental management certifying that the equipment and/or supplies as used |
7 | or consumed, qualify for the exemption under this subdivision. If any information relating to secret |
8 | processes or methods of manufacture, production, or treatment is disclosed to the department of |
9 | environmental management only to procure an order, and is a “trade secret” as defined in § 28-21- |
10 | 10(b), it is not open to public inspection or publicly disclosed unless disclosure is required under |
11 | chapter 21 of title 28 or chapter 24.4 of title 23. |
12 | (38) Promotional and product literature of boat manufacturers. From the sale and |
13 | from the storage, use, or other consumption of promotional and product literature of boat |
14 | manufacturers shipped to points outside of Rhode Island that either: (i) Accompany the product |
15 | that is sold; (ii) Are shipped in bulk to out-of-state dealers for use in the sale of the product; or (iii) |
16 | Are mailed to customers at no charge. |
17 | (39) Food items paid for by food stamps. From the sale and from the storage, use, or |
18 | other consumption in this state of eligible food items payment for which is properly made to the |
19 | retailer in the form of U.S. government food stamps issued in accordance with the Food Stamp Act |
20 | of 1977, 7 U.S.C. § 2011 et seq. |
21 | (40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39- |
22 | 12-2(12) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed |
23 | with the Rhode Island public utilities commission on the number of miles driven or by the number |
24 | of hours spent on the job. |
25 | (41) Trade-in value of boats. From the sale and from the storage, use, or other |
26 | consumption in this state of so much of the purchase price paid for a new or used boat as is allocated |
27 | for a trade-in allowance on the boat of the buyer given in trade to the seller or of the proceeds |
28 | applicable only to the boat as are received from an insurance claim as a result of a stolen or damaged |
29 | boat, towards the purchase of a new or used boat by the buyer. |
30 | (42) Equipment used for research and development. From the sale and from the |
31 | storage, use, or other consumption of equipment to the extent used for research and development |
32 | purposes by a qualifying firm. For the purposes of this subsection, “qualifying firm” means a |
33 | business for which the use of research and development equipment is an integral part of its |
34 | operation and “equipment” means scientific equipment, computers, software, and related items. |
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1 | (43) Coins. From the sale and from the other consumption in this state of coins having |
2 | numismatic or investment value. |
3 | (44) Farm structure construction materials. Lumber, hardware, and other materials |
4 | used in the new construction of farm structures, including production facilities such as, but not |
5 | limited to: farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, |
6 | laying houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, |
7 | packing rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker |
8 | and trench silos, feed storage sheds, and any other structures used in connection with commercial |
9 | farming. |
10 | (45) Telecommunications carrier access service. Carrier access service or |
11 | telecommunications service when purchased by a telecommunications company from another |
12 | telecommunications company to facilitate the provision of telecommunications service. |
13 | (46) Boats or vessels brought into the state exclusively for winter storage, |
14 | maintenance, repair, or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11 and 44- |
15 | 18-20, the tax imposed by § 44-18-20 is not applicable for the period commencing on the first day |
16 | of October in any year up to and including the 30th day of April next succeeding with respect to |
17 | the use of any boat or vessel within this state exclusively for purposes of: (i) Delivery of the vessel |
18 | to a facility in this state for storage, including dry storage and storage in water by means of |
19 | apparatus preventing ice damage to the hull, maintenance, or repair; (ii) The actual process of |
20 | storage, maintenance, or repair of the boat or vessel; or (iii) Storage for the purpose of selling the |
21 | boat or vessel. |
22 | (47) Jewelry display product. From the sale and from the storage, use, or other |
23 | consumption in this state of tangible personal property used to display any jewelry product; |
24 | provided that title to the jewelry display product is transferred by the jewelry manufacturer or seller |
25 | and that the jewelry display product is shipped out of state for use solely outside the state and is not |
26 | returned to the jewelry manufacturer or seller. |
27 | (48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax |
28 | imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage, |
29 | use, or other consumption in this state of any new or used boat. The exemption provided for in this |
30 | subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten |
31 | percent (10%) surcharge on luxury boats is repealed. |
32 | (49) Banks and regulated investment companies interstate toll-free |
33 | calls. Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not |
34 | apply to the furnishing of interstate and international, toll-free terminating telecommunication |
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1 | service that is used directly and exclusively by or for the benefit of an eligible company as defined |
2 | in this subdivision; provided that an eligible company employs on average during the calendar year |
3 | no less than five hundred (500) “full-time equivalent employees” as that term is defined in § 42- |
4 | 64.5-2. For purposes of this section, an “eligible company” means a “regulated investment |
5 | company” as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. § 851, or a |
6 | corporation to the extent the service is provided, directly or indirectly, to or on behalf of a regulated |
7 | investment company, an employee benefit plan, a retirement plan or a pension plan, or a state- |
8 | chartered bank. |
9 | (50) Mobile and manufactured homes generally. From the sale and from the storage, |
10 | use, or other consumption in this state of mobile and/or manufactured homes as defined and subject |
11 | to taxation pursuant to the provisions of chapter 44 of title 31. |
12 | (51) Manufacturing business reconstruction materials. |
13 | (i) From the sale and from the storage, use, or other consumption in this state of lumber, |
14 | hardware, and other building materials used in the reconstruction of a manufacturing business |
15 | facility that suffers a disaster, as defined in this subdivision, in this state. “Disaster” means any |
16 | occurrence, natural or otherwise, that results in the destruction of sixty percent (60%) or more of |
17 | an operating manufacturing business facility within this state. “Disaster” does not include any |
18 | damage resulting from the willful act of the owner of the manufacturing business facility. |
19 | (ii) Manufacturing business facility includes, but is not limited to, the structures housing |
20 | the production and administrative facilities. |
21 | (iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty |
22 | percent (60%) provision applies to the damages suffered at that one site. |
23 | (iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance, |
24 | this exemption does not apply. |
25 | (52) Tangible personal property and supplies used in the processing or preparation |
26 | of floral products and floral arrangements. From the sale, storage, use, or other consumption in |
27 | this state of tangible personal property or supplies purchased by florists, garden centers, or other |
28 | like producers or vendors of flowers, plants, floral products, and natural and artificial floral |
29 | arrangements that are ultimately sold with flowers, plants, floral products, and natural and artificial |
30 | floral arrangements or are otherwise used in the decoration, fabrication, creation, processing, or |
31 | preparation of flowers, plants, floral products, or natural and artificial floral arrangements, |
32 | including descriptive labels, stickers, and cards affixed to the flower, plant, floral product, or |
33 | arrangement, artificial flowers, spray materials, floral paint and tint, plant shine, flower food, |
34 | insecticide, and fertilizers. |
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1 | (53) Horse food products. From the sale and from the storage, use, or other consumption |
2 | in this state of horse food products purchased by a person engaged in the business of the boarding |
3 | of horses. |
4 | (54) Non-motorized recreational vehicles sold to nonresidents. |
5 | (i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to |
6 | a bona fide nonresident of this state who does not register the non-motorized recreational vehicle |
7 | in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this |
8 | state or at the place of residence of the nonresident; provided that a non-motorized recreational |
9 | vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to |
10 | its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in |
11 | that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate |
12 | that would be imposed in his or her state of residence not to exceed the rate that would have been |
13 | imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed, non-motorized |
14 | recreational vehicle dealer shall add and collect the tax required under this subdivision and remit |
15 | the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided, |
16 | that when a Rhode Island licensed, non-motorized recreational vehicle dealer is required to add and |
17 | collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide |
18 | nonresident as provided in this section, the dealer in computing the tax takes into consideration the |
19 | law of the state of the nonresident as it relates to the trade-in of motor vehicles. |
20 | (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may |
21 | require any licensed, non-motorized recreational vehicle dealer to keep records of sales to bona fide |
22 | nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption |
23 | provided in this subdivision, including the affidavit of a licensed, non-motorized recreational |
24 | vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and |
25 | had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or |
26 | a valid out-of-state driver’s license. |
27 | (iii) Any nonresident who registers a non-motorized recreational vehicle in this state within |
28 | ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized |
29 | recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable |
30 | for, the use tax imposed under the provisions of § 44-18-20. |
31 | (iv) “Non-motorized recreational vehicle” means any portable dwelling designed and |
32 | constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use |
33 | that is eligible to be registered for highway use, including, but not limited to, “pick-up coaches” or |
34 | “pick-up campers,” “travel trailers,” and “tent trailers” as those terms are defined in chapter 1 of |
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1 | title 31. |
2 | (55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state |
3 | of sprinkler and fire alarm systems; emergency lighting and alarm systems; and the materials |
4 | necessary and attendant to the installation of those systems that are required in buildings and |
5 | occupancies existing therein in July 2003 in order to comply with any additional requirements for |
6 | such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003 |
7 | and that are not required by any other provision of law or ordinance or regulation adopted pursuant |
8 | to that act. The exemption provided in this subdivision shall expire on December 31, 2008. |
9 | (56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44- |
10 | 18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other |
11 | consumption in this state of any new or used aircraft or aircraft parts. |
12 | (57) Renewable energy products. Notwithstanding any other provisions of Rhode Island |
13 | general laws, the following products shall also be exempt from sales tax: solar photovoltaic |
14 | modules or panels, or any module or panel that generates electricity from light; solar thermal |
15 | collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic, |
16 | sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and |
17 | water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold |
18 | by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; and |
19 | manufactured mounting racks and ballast pans for solar collector, module, or panel installation. Not |
20 | to include materials that could be fabricated into such racks; monitoring and control equipment, if |
21 | specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind |
22 | energy systems or if required by law or regulation for such systems but not to include pumps, fans |
23 | or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral |
24 | part of, another item specified on this list; and solar storage tanks that are part of a solar domestic |
25 | hot water system or a solar space heating system. If the tank comes with an external heat exchanger |
26 | it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax. |
27 | (58) Returned property. The amount charged for property returned by customers upon |
28 | rescission of the contract of sale when the entire amount exclusive of handling charges paid for the |
29 | property is refunded in either cash or credit, and where the property is returned within one hundred |
30 | twenty (120) days from the date of delivery. |
31 | (59) Dietary supplements. From the sale and from the storage, use, or other consumption |
32 | of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions. |
33 | (60) Blood. From the sale and from the storage, use, or other consumption of human blood. |
34 | (61) Agricultural products for human consumption. From the sale and from the |
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1 | storage, use, or other consumption of livestock and poultry of the kinds of products that ordinarily |
2 | constitute food for human consumption and of livestock of the kind the products of which ordinarily |
3 | constitute fibers for human use. |
4 | (62) Diesel emission control technology. From the sale and use of diesel retrofit |
5 | technology that is required by § 31-47.3-4. |
6 | (63) Feed for certain animals used in commercial farming. From the sale of feed for |
7 | animals as described in subsection (61) of this section. |
8 | (64) Alcoholic beverages. From the sale and storage, use, or other consumption in this |
9 | state by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and |
10 | malt beverages; provided, further, notwithstanding § 6-13-1 or any other general or public law to |
11 | the contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be subject to minimum |
12 | markup. |
13 | (65) Seeds and plants used to grow food and food ingredients. From the sale, storage, |
14 | use, or other consumption in this state of seeds and plants used to grow food and food ingredients |
15 | as defined in § 44-18-7.1(l)(i). “Seeds and plants used to grow food and food ingredients” shall not |
16 | include marijuana seeds or plants. |
17 | (66) Feminine hygiene products. From the sale and from the storage, use, or other |
18 | consumption of tampons, panty liners, menstrual cups, sanitary napkins, and other similar products |
19 | the principal use of which is feminine hygiene in connection with the menstrual cycle. |
20 | (67) “Breast pump collection and storage supplies” means items of tangible personal |
21 | property used in conjunction with a breast pump to collect milk expressed from a human breast and |
22 | to store collected milk until it is ready for consumption. “Breast pump collection and storage |
23 | supplies” include, but are not limited to, breast shields and breast shield connectors; breast pump |
24 | tubes and tubing adaptors; breast pump valves and membranes; backflow protectors and backflow |
25 | protector adaptors; bottles and bottle caps specific to the operation of the breast pump; breast milk |
26 | storage bags; and related items sold as part of a breast pump kit pre-packaged by the breast pump |
27 | manufacturer. “Breast pump collection and storage supplies” does not include: bottles and bottle |
28 | caps not specific to the operation of the breast pump; breast pump travel bags and other similar |
29 | carrying accessories, including ice packs, labels, and other similar products, unless sold as part of |
30 | a breast pump kit pre-packed by the breast pump manufacturer; breast pump cleaning supplies, |
31 | unless sold as part of a breast pump kit pre-packaged by the breast pump manufacturer; nursing |
32 | bras, bra pads, breast shells, and other similar products; and creams, ointments, and other similar |
33 | products that relieve breastfeeding-related symptoms or conditions of the breasts or nipples. |
34 | (68) Trade-in value of motorcycles. From the sale and from the storage, use, or other |
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1 | consumption in this state of so much of the purchase price paid for a new or used motorcycle as is |
2 | allocated for a trade-in allowance on the motorcycle of the buyer given in trade to the seller, or of |
3 | the proceeds applicable only to the motorcycle as are received from the manufacturer of |
4 | motorcycles for the repurchase of the motorcycle whether the repurchase was voluntary or not |
5 | towards the purchase of a new or used motorcycle by the buyer. For the purpose of this subsection, |
6 | the word “motorcycle” means a motorcycle not used for hire and does not refer to any other type |
7 | of motor vehicle. |
8 | (69) Firearm safety and storage devices. From the sale and from the storage, use, or |
9 | other consumption in this state of firearm safety devices and firearm storage devices. Firearm |
10 | safety device means a device that, when installed on a firearm, is designed to prevent the firearm |
11 | from being operated without first deactivating the device, or a device to be equipped or installed |
12 | on a firearm that is designed to prevent the operation of the firearm by anyone who does not have |
13 | authorized access to the firearm. A firearm sold with a firearm safety device already installed on |
14 | it is treated as the sale of a firearm and not the sale of a firearm safety device. A firearm storage |
15 | device means a container or enclosure that is designed and marketed for the principal purpose of |
16 | safely storing or displaying a firearm and that is secured by a combination lock, key lock, or lock |
17 | based on biometric information which, once locked, is incapable of being opened without the |
18 | combination, key, or biometric information, respectively. |
19 | SECTION 7. Section 44-18-36.1 of the General Laws in Chapter 44-18 entitled “Sales and |
20 | Use Taxes – Liability and Computation” is hereby amended to read as follows: |
21 | 44-18-36.1. Hotel tax and whole home short-term rental tax [Effective January 1, |
22 | 2026]. |
23 | (a) There is imposed a hotel tax of five percent (5%) upon the total consideration charged |
24 | for occupancy of any space furnished by any hotel, travel packages, or room reseller or reseller as |
25 | defined in § 44-18-7.3(b) in this state. A house, condominium, or other resident dwelling shall be |
26 | exempt from the five percent (5%) hotel tax under this subsection if the house, condominium, or |
27 | other resident dwelling is rented in its entirety. The hotel tax is in addition to any sales tax imposed. |
28 | This hotel tax is administered and collected by the division of taxation and unless provided to the |
29 | contrary in this chapter, all the administration, collection, and other provisions of chapters 18 and |
30 | 19 of this title apply. Nothing in this chapter shall be construed to limit the powers of the convention |
31 | authority of the city of Providence established pursuant to the provisions of chapter 84 of the public |
32 | laws of 1980, except that distribution of hotel tax receipts shall be made pursuant to chapter 63.1 |
33 | of title 42 rather than chapter 84 of the public laws of 1980. |
34 | (b) There is hereby levied and imposed, upon the total consideration charged for occupancy |
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1 | of any space furnished by any hotel in this state, in addition to all other taxes and fees now imposed |
2 | by law, a local hotel tax at a rate of one percent (1%). The local hotel tax shall be administered and |
3 | collected in accordance with subsection (a). |
4 | (c) All sums received by the division of taxation from the local hotel tax, penalties or |
5 | forfeitures, interest, costs of suit and fines shall be distributed at least quarterly, credited and paid |
6 | by the state treasurer to the city or town where the space for occupancy that is furnished by the |
7 | hotel is located. Unless provided to the contrary in this chapter, all of the administration, collection, |
8 | and other provisions of chapters 18 and 19 of this title shall apply. |
9 | (d) There is hereby levied and imposed, upon the total consideration charged for |
10 | occupancy, as defined in § 42-63.1-2(6), of a house, condominium, or other resident dwelling in |
11 | this state rented in its entirety furnished by any room reseller or reseller as defined in § 44-18-7.3(b) |
12 | or any other taxpayer, in addition to all other taxes and fees now imposed by law, a whole home |
13 | short-term rental tax at a rate of five percent (5%). The whole home short-term rental tax shall be |
14 | administered, collected, and distributed in accordance with subsection (a). |
15 | (d)(e) Notwithstanding the provisions of subsection (a) of this section, the city of Newport |
16 | shall have the authority to collect from hotels located in the city of Newport the taxes imposed by |
17 | subsections (a) and (b) of this section. The city of Newport shall also have the authority to collect |
18 | the tax imposed by subsection (d) of this section with respect to a house, condominium, or other |
19 | resident dwelling rented in its entirety located in the City of Newport. |
20 | (1) Within ten (10) days of collection of the tax taxes, the city of Newport shall distribute |
21 | the tax taxes imposed by subsections (a) and (d) of this section as provided in § 42-63.1-3. No later |
22 | than the first day of March and the first day of September in each year in which the tax is taxes are |
23 | collected, the city of Newport shall submit to the division of taxation a report of the tax taxes |
24 | collected and distributed during the six (6) month period ending thirty (30) days prior to the |
25 | reporting date. |
26 | (2) The city of Newport shall have the same authority as the division of taxation to recover |
27 | delinquent hotel and whole home short-term rental taxes pursuant to chapter 44-19, and the amount |
28 | of any hotel and/or whole home short-term rental tax, penalty and interest imposed by the city of |
29 | Newport until collected constitutes a lien on the real property of the taxpayer. |
30 | SECTION 8. Sections 44-20-12 and 44-20-13 of the General Laws in Chapter 44-20 |
31 | entitled “Cigarette, Other Tobacco Products, and Electronic Nicotine-Delivery System Products |
32 | [effective January 1, 2025]” are hereby amended to read as follows: |
33 | 44-20-12. Tax imposed on cigarettes sold. |
34 | A tax is imposed on all cigarettes sold or held for sale in the state. The payment of the tax |
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1 | to be evidenced by stamps, which may be affixed only by licensed distributors to the packages |
2 | containing such cigarettes. Any cigarettes on which the proper amount of tax provided for in this |
3 | chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under |
4 | this chapter. The tax is at the rate of two hundred twenty-five (225) two hundred fifty (250.0) mills |
5 | for each cigarette. |
6 | 44-20-13. Tax imposed on unstamped cigarettes. |
7 | A tax is imposed at the rate of two hundred twenty-five (225) two hundred fifty (250.0) |
8 | mills for each cigarette upon the storage or use within this state of any cigarettes not stamped in |
9 | accordance with the provisions of this chapter in the possession of any consumer within this state. |
10 | SECTION 9. Chapter 44-20 of the General Laws entitled “Cigarette, Other Tobacco |
11 | Products, and Electronic Nicotine-Delivery System Products [effective January 1, 2025]” is hereby |
12 | amended by adding thereto the following section: |
13 | 44-20-12.8. Floor stock tax on cigarettes and stamps. |
14 | (a) Each person engaging in the business of selling cigarettes at retail in this state shall pay |
15 | a tax or excise to the state for the privilege of engaging in that business during any part of the |
16 | calendar year 2025. In calendar year 2025, the tax shall be measured by the number of cigarettes |
17 | held by the person in this state at 12:01 a.m. on September 2, 2025, and is computed at the rate of |
18 | twenty-five (25.0) mills for each cigarette on September 2, 2025. |
19 | (b) Each distributor licensed to do business in this state pursuant to this chapter shall pay a |
20 | tax or excise to the state for the privilege of engaging in that business during any part of the calendar |
21 | year 2025. The tax is measured by the number of stamps, whether affixed or to be affixed to |
22 | packages of cigarettes, as required by § 44-20-28. In calendar year 2025 the tax is measured by the |
23 | number of stamps, whether affixed or to be affixed, held by the distributor at 12:01 a.m. on |
24 | September 2, 2025, and is computed at the rate of twenty-five (25.0) mills per cigarette in the |
25 | package to which the stamps are affixed or to be affixed. |
26 | (c) Each person subject to the payment of the tax imposed by this section shall, on or before |
27 | September 16, 2025, file a return, under oath or certified under the penalties of perjury, with the |
28 | tax administrator on forms furnished by the tax administrator, showing the amount of cigarettes |
29 | and the number of stamps in that person's possession in this state at 12:01 a.m. on September 2, |
30 | 2025, as described in this section above, and the amount of tax due, and shall at the time of filing |
31 | the return pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for |
32 | the failure to make a return containing the information required by the tax administrator. |
33 | (d) The tax administrator may prescribe rules and regulations, not inconsistent with law, |
34 | regarding the assessment and collection of the tax imposed by this section. |
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1 | SECTION 10. Section 44-25-1 of the General Laws in Chapter 44-25 entitled “Real Estate |
2 | Conveyance Tax” is hereby amended to read as follows: |
3 | 44-25-1. Tax imposed — Payment — Burden. |
4 | (a) There is imposed, on each deed, instrument, or writing by which any lands, tenements, |
5 | or other realty sold is granted, assigned, transferred, or conveyed, to, or vested in, the purchaser or |
6 | purchasers, or any other person or persons, by his, her, or their direction, or on any grant, |
7 | assignment, transfer, or conveyance or such vesting, by such persons that has the effect of making |
8 | any real estate company an acquired real estate company, when the consideration paid exceeds one |
9 | hundred dollars ($100), a tax at the rate of two dollars and thirty cents ($2.30) for each five hundred |
10 | dollars ($500), or fractional part of it, that is paid for the purchase of property or the interest in an |
11 | acquired real estate company (inclusive of the value of any lien or encumbrance remaining at the |
12 | time the sale, grant, assignment, transfer, or conveyance or vesting occurs, or in the case of an |
13 | interest in an acquired real estate company, a percentage of the value of such lien or encumbrance |
14 | equivalent to the percentage interest in the acquired real estate company being granted, assigned, |
15 | transferred, conveyed, or vested). The tax is payable at the time of making, the execution, delivery, |
16 | acceptance, or presentation for recording of any instrument affecting such transfer, grant, |
17 | assignment, transfer, conveyance, or vesting. In the absence of an agreement to the contrary, the |
18 | tax shall be paid by the grantor, assignor, transferor, or person making the conveyance or vesting. |
19 | (b) In addition to the tax imposed by subsection (a), there is imposed, on each deed, |
20 | instrument, or writing by which any residential real property sold is granted, assigned, transferred, |
21 | or conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, |
22 | her, or their direction, or on any grant, assignment, transfer, or conveyance or such vesting, by such |
23 | persons that has the effect of making any real estate company an acquired real estate company, |
24 | when the consideration paid exceeds eight hundred thousand dollars ($800,000), a tax at the rate of |
25 | two dollars and thirty cents ($2.30) for each five hundred dollars ($500), or fractional part of it, of |
26 | the consideration in excess of eight hundred thousand dollars ($800,000) that is paid for the |
27 | purchase of residential real property or the interest in an acquired real estate company (inclusive of |
28 | the value of any lien or encumbrance remaining at the time the sale, grant, assignment, transfer, or |
29 | conveyance or vesting occurs, or in the case of an interest in an acquired real estate company, a |
30 | percentage of the value of such lien or encumbrance equivalent to the percentage interest in the |
31 | acquired real estate company being granted, assigned, transferred, conveyed, or vested). The tax |
32 | imposed by this subsection shall be paid at the same time and in the same manner as the tax imposed |
33 | by subsection (a). |
34 | (c) In addition to the tax imposed by subsection (a) and subsection (b), there is imposed, |
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1 | on each deed, instrument, or writing by which any residential real property sold is granted, assigned, |
2 | transferred, or conveyed to, or vested in, the purchaser or purchasers, or any other person or |
3 | persons, by his, her, or their direction, or on any grant, assignment, transfer, or conveyance or such |
4 | vesting, by such persons that has the effect of making any real estate company an acquired real |
5 | estate company, when the consideration paid exceeds eight hundred thousand dollars ($800,000), |
6 | an additional tax at the rate of one dollar sixty five cents ($1.65) for each five hundred dollars |
7 | ($500), or fractional part of it, of the consideration in excess of eight hundred thousand dollars |
8 | ($800,000) that is paid for the purchase of residential real property or the interest in an acquired |
9 | real estate company (inclusive of the value of any lien or encumbrance remaining at the time the |
10 | sale, grant, assignment, transfer, or conveyance or vesting occurs, or in the case of an interest in an |
11 | acquired real estate company, a percentage of the value of such lien or encumbrance equivalent to |
12 | the percentage interest in the acquired real estate company being granted, assigned, transferred, |
13 | conveyed, or vested). The tax imposed by this subsection shall be paid at the same time and in the |
14 | same manner as the tax imposed by subsection (a) and (b). |
15 | (c)(d) In the event no consideration is actually paid for the lands, tenements, or realty, the |
16 | instrument or interest in an acquired real estate company of conveyance shall contain a statement |
17 | to the effect that the consideration is such that no documentary stamps are required. |
18 | (d)(e) The tax shall be distributed as follows: |
19 | (1) With respect to the tax imposed by subsection (a): the tax administrator shall contribute |
20 | to the distressed community relief program the sum of thirty cents ($.30) per two dollars and thirty |
21 | cents ($2.30) of the face value of the stamps to be distributed pursuant to § 45-13-12, and to the |
22 | housing resources and homelessness restricted receipt account established pursuant to § 42-128-2 |
23 | the sum of thirty cents ($.30) per two dollars and thirty cents ($2.30) of the face value of the stamps. |
24 | The state shall retain sixty cents ($.60) for state use. The balance of the tax shall be retained by the |
25 | municipality collecting the tax. |
26 | (2) With respect to the tax imposed by subsection (b): the tax administrator shall contribute |
27 | the entire tax to the housing production fund established pursuant to § 42-128-2.1. |
28 | (3) With respect to the tax imposed by subsection (c): the tax administrator shall contribute |
29 | the entire tax to the Housing Resources and Homelessness restricted receipt account established |
30 | pursuant to § 42-128-2(3). |
31 | (3)(4) Notwithstanding the above, in the case of the tax on the grant, transfer, assignment, |
32 | or conveyance or vesting with respect to an acquired real estate company, the tax shall be collected |
33 | by the tax administrator and shall be distributed to the municipality where the real estate owned by |
34 | the acquired real estate company is located; provided, however, in the case of any such tax collected |
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1 | by the tax administrator, if the acquired real estate company owns property located in more than |
2 | one municipality, the proceeds of the tax shall be allocated amongst said municipalities in the |
3 | proportion the assessed value of said real estate in each such municipality bears to the total of the |
4 | assessed values of all of the real estate owned by the acquired real estate company in Rhode Island. |
5 | Provided, however, in fiscal years 2004 and 2005, from the proceeds of this tax, the tax |
6 | administrator shall deposit as general revenues the sum of ninety cents ($.90) per two dollars and |
7 | thirty cents ($2.30) of the face value of the stamps. The balance of the tax on the purchase of |
8 | property shall be retained by the municipality collecting the tax. The balance of the tax on the |
9 | transfer with respect to an acquired real estate company, shall be collected by the tax administrator |
10 | and shall be distributed to the municipality where the property for which interest is sold is |
11 | physically located. Provided, however, that in the case of any tax collected by the tax administrator |
12 | with respect to an acquired real estate company where the acquired real estate company owns |
13 | property located in more than one municipality, the proceeds of the tax shall be allocated amongst |
14 | the municipalities in proportion that the assessed value in any such municipality bears to the |
15 | assessed values of all of the real estate owned by the acquired real estate company in Rhode Island. |
16 | (e)(f) For purposes of this section, the term “acquired real estate company” means a real |
17 | estate company that has undergone a change in ownership interest if (1) The change does not affect |
18 | the continuity of the operations of the company; and (2) The change, whether alone or together |
19 | with prior changes has the effect of granting, transferring, assigning, or conveying or vesting, |
20 | transferring directly or indirectly, 50% or more of the total ownership in the company within a |
21 | period of three (3) years. For purposes of the foregoing subsection (e)(f)(2), a grant, transfer, |
22 | assignment, or conveyance or vesting, shall be deemed to have occurred within a period of three |
23 | (3) years of another grant(s), transfer(s), assignment(s), or conveyance(s) or vesting(s) if during the |
24 | period the granting, transferring, assigning, or conveying party provides the receiving party a |
25 | legally binding document granting, transferring, assigning, or conveying or vesting the realty or a |
26 | commitment or option enforceable at a future date to execute the grant, transfer, assignment, or |
27 | conveyance or vesting. |
28 | (f)(g) A real estate company is a corporation, limited liability company, partnership, or |
29 | other legal entity that meets any of the following: |
30 | (1) Is primarily engaged in the business of holding, selling, or leasing real estate, where |
31 | 90% or more of the ownership of the real estate is held by 35 or fewer persons and which company |
32 | either (i) derives 60% or more of its annual gross receipts from the ownership or disposition of real |
33 | estate; or (ii) owns real estate the value of which comprises 90% or more of the value of the entity’s |
34 | entire tangible asset holdings exclusive of tangible assets that are fairly transferrable and actively |
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1 | traded on an established market; or |
2 | (2) Ninety percent or more of the ownership interest in such entity is held by 35 or fewer |
3 | persons and the entity owns as 90% or more of the fair market value of its assets a direct or indirect |
4 | interest in a real estate company. An indirect ownership interest is an interest in an entity 90% or |
5 | more of which is held by 35 or fewer persons and the purpose of the entity is the ownership of a |
6 | real estate company. |
7 | (g)(h) In the case of a grant, assignment, transfer, or conveyance or vesting that results in |
8 | a real estate company becoming an acquired real estate company, the grantor, assignor, transferor, |
9 | or person making the conveyance or causing the vesting, shall file or cause to be filed with the |
10 | division of taxation, at least five (5) days prior to the grant, transfer, assignment, or conveyance or |
11 | vesting, notification of the proposed grant, transfer, assignment, or conveyance or vesting, the price, |
12 | terms and conditions thereof, and the character and location of all of the real estate assets held by |
13 | the real estate company and shall remit the tax imposed and owed pursuant to subsection (a). Any |
14 | such grant, transfer, assignment, or conveyance or vesting which results in a real estate company |
15 | becoming an acquired real estate company shall be fraudulent and void as against the state unless |
16 | the entity notifies the tax administrator in writing of the grant, transfer, assignment, or conveyance |
17 | or vesting as herein required in subsection (g)(h) and has paid the tax as required in subsection (a). |
18 | Upon the payment of the tax by the transferor, the tax administrator shall issue a certificate of the |
19 | payment of the tax which certificate shall be recordable in the land evidence records in each |
20 | municipality in which such real estate company owns real estate. Where the real estate company |
21 | has assets other than interests in real estate located in Rhode Island, the tax shall be based upon the |
22 | assessed value of each parcel of property located in each municipality in the state of Rhode Island. |
23 | SECTION 11. Section 44-31-2 of the General Laws in Chapter 44-31 entitled “Investment |
24 | Tax Credit” is hereby amended to read as follows: |
25 | 44-31-2. Specialized investment tax credit. |
26 | (a) A certified building owner, as provided in chapter 64.7 of title 42, may be allowed a |
27 | specialized investment tax credit against the tax imposed by chapters 11, 14, 17 and 30 of this title. |
28 | (b) The taxpayer may claim credit for the rehabilitation and reconstruction costs of a |
29 | certified building, which has been substantially rehabilitated. Once substantial rehabilitation is |
30 | established by the taxpayer, the taxpayer may claim credit for all rehabilitation and reconstruction |
31 | costs incurred with respect to the certified building within five (5) years from the date of final |
32 | designation of the certified building by the council pursuant to § 42-64.7-6. |
33 | (c) The credit shall be ten percent (10%) of the rehabilitation and reconstruction costs of |
34 | the certified building. The credit shall be allowable in the year the substantially rehabilitated |
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1 | certified building is first placed into service, which is the year in which, under the taxpayer’s |
2 | depreciation practice, the period for depreciation with respect to such property begins, or the year |
3 | in which the property is placed in a condition or state of readiness and availability for its specifically |
4 | assigned function, whichever is earlier. |
5 | (d) The credit shall not offset any tax liability in taxable years other than the year or years |
6 | in which the taxpayer qualifies for the credit. The credit shall not reduce the tax below the |
7 | minimum. Amounts of unused credit for this taxpayer may be carried over and offset against this |
8 | taxpayer’s tax for a period not to exceed the following seven (7) taxable years. |
9 | (e) In the case of a corporation, this credit is only allowed against the tax of that of a |
10 | corporation included in a consolidated return that qualifies for the credit and not against the tax of |
11 | other corporations that may join in the filing of a consolidated tax return. |
12 | (f) Sunset. No credits shall be allowed under this section for tax years beginning on or after |
13 | January 1, 2026. Credits allowed for tax years ending on or before December 31, 2025, may be |
14 | carried forward into tax years beginning on or after January 1, 2026, in accordance with subsection |
15 | (d) of this section. |
16 | SECTION 12. Sections 44-32-1, 44-32-2, and 44-32-3 of the General Laws in Chapter 44- |
17 | 32 entitled “Elective Deduction for Research and Development Facilities” are hereby amended to |
18 | read as follows: |
19 | 44-32-1. Elective deduction against allocated entire net income. |
20 | (a) General. Except as provided in subsection (c) of this section, at the election of a |
21 | taxpayer who is subject to the income tax imposed by chapters 11 or 30 of this title, there shall be |
22 | deducted from the portion of its entire net income allocated within the state the items prescribed in |
23 | subsection (b) of this section, in lieu of depreciation or investment tax credit. |
24 | (b) One-year write-off of new research and development facilities. |
25 | (1) Expenditures paid or incurred during the taxable year for the construction, |
26 | reconstruction, erection or acquisition of any new, not used, property as described in subsection (c) |
27 | of this section, which is used or to be used for purposes of research and development in the |
28 | experimental or laboratory sense. The purposes are not deemed to include the ordinary testing or |
29 | inspection of materials or products for quality control, efficiency surveys, management studies, |
30 | consumer surveys, advertising, promotion, or research in connection with literary, historical, or |
31 | similar projects. The deduction shall be allowed only on condition that the entire net income for |
32 | the taxable year and all succeeding taxable years is computed without the deduction of any |
33 | expenditures and without any deduction for depreciation of the property, except to the extent that |
34 | its basis may be attributable to factors other than the expenditures, (expenditures and depreciation |
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1 | deducted for federal income tax purposes shall be added to the entire net income allocated to Rhode |
2 | Island), or in case a deduction is allowable pursuant to this subdivision for only a part of the |
3 | expenditures, on condition that any deduction allowed for federal income tax purposes on account |
4 | of the expenditures or on account of depreciation of the property is proportionately reduced in |
5 | computing the entire net income for the taxable year and all succeeding taxable years. Concerning |
6 | property that is used or to be used for research and development only in part, or during only part of |
7 | its useful life, a proportionate part of the expenditures shall be deductible. If all or part of the |
8 | expenditures concerning any property has been deducted as provided in this section, and the |
9 | property is used for purposes other than research and development to a greater extent than originally |
10 | reported, the taxpayer shall report the use in its report for the first taxable year during which it |
11 | occurs, and the tax administrator may recompute the tax for the year or years for which the |
12 | deduction was allowed, and may assess any additional tax resulting from the recomputation as a |
13 | current tax, within three (3) years of the reporting of the change to the tax administrator. Any |
14 | change in use of the property in whole or in part from that, which originally qualified the property |
15 | for the deduction, requires a recomputation. The tax administrator has the authority to promulgate |
16 | regulations to prevent the avoidance of tax liability. |
17 | (2) The deduction shall be allowed only where an election for amortization of air or water |
18 | pollution control facilities has not been exercised in respect to the same property. |
19 | (3) The tax as a result of recomputation of a prior year’s deduction is due as an additional |
20 | tax for the year the property ceases to qualify. |
21 | (c) Property covered by deductions. The deductions shall be allowed only with respect |
22 | to tangible property which is new, not used, is depreciable pursuant to 26 U.S.C. § 167, was |
23 | acquired by purchase as defined in 26 U.S.C. § 179(d), has a situs in this state, and is used in the |
24 | taxpayer’s trade or business. For the taxable years beginning on or after July 1, 1974, a taxpayer is |
25 | not allowed a deduction under this section with respect to tangible property leased by it to any other |
26 | person or corporation or leased from any other person or corporation. For purposes of the preceding |
27 | sentence, any contract or agreement to lease or rent or for a license to use the property is considered |
28 | a lease, unless the contract or agreement is treated for federal income tax purposes as an installment |
29 | purchase rather than a lease. With respect to property that the taxpayer uses itself for purposes other |
30 | than leasing for part of a taxable year and leases for a part of a taxable year, the taxpayer shall be |
31 | allowed a deduction under this section in proportion to the part of the year it uses the property. |
32 | (d) Entire net income. “Entire net income”, as used in this section, means net income |
33 | allocated to this state. |
34 | (e) Carry-over of excess deductions. If the deductions allowable for any taxable year |
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1 | pursuant to this section exceed the portion of the taxpayer’s entire net income allocated to this state |
2 | for that year, the excess may be carried over to the following taxable year or years, not to exceed |
3 | three (3) years, and may be deducted from the portion of the taxpayer’s entire net income allocated |
4 | to this state for that year or years. |
5 | (f) Gain or loss on sale or disposition of property. In any taxable year when property is |
6 | sold or disposed of before the end of its useful life, with respect to which a deduction has been |
7 | allowed pursuant to subsection (b) of this section, the gain or loss on this entering into the |
8 | computation of federal taxable income is disregarded in computing the entire net income, and there |
9 | is added to or subtracted from the portion of the entire net income allocated within the state the |
10 | gain or loss upon the sale or other disposition. In computing the gain or loss, the basis of the |
11 | property sold or disposed of is adjusted to reflect the deduction allowed with respect to the property |
12 | pursuant to subsection (b) of this section; provided, that no loss is recognized for the purpose of |
13 | this subsection with respect to a sale or other disposition of property to a person whose acquisition |
14 | of this property is not a purchase as defined in 26 U.S.C. § 179(d). |
15 | (g) Investment credit not allowed on research and development property. No |
16 | investment credit under chapter 31 of this title shall be allowed on the research and development |
17 | property for which accelerated write-off is adopted under this section. |
18 | (h) Consolidated returns. The research and development deduction shall only be allowed |
19 | against the entire net income of the corporation included in a consolidated return and shall not be |
20 | allowed against the entire net income of other corporations that may join in the filing of a |
21 | consolidated state tax return. |
22 | (i) Sunset. No deductions shall be allowed under this section for tax years beginning on or |
23 | after January 1, 2026. Deductions allowed for tax years ending on or before December 31, 2025, |
24 | may be carried forward into tax years beginning on or after January 1, 2026, in accordance with |
25 | subsection (e) of this section. |
26 | 44-32-2. Credit for research and development property acquired, constructed, or |
27 | reconstructed or erected after July 1, 1994. |
28 | (a) A taxpayer shall be allowed a credit against the tax imposed by chapters 11, 17, or 30 |
29 | of this title. The amount of the credit shall be ten percent (10%) of the cost or other basis for federal |
30 | income tax purposes of tangible personal property, and other tangible property, including buildings |
31 | and structural components of buildings, described in subsection (b) of this section; acquired, |
32 | constructed or reconstructed, or erected after July 1, 1994. |
33 | (b) A credit shall be allowed under this section with respect to tangible personal property |
34 | and other tangible property, including buildings and structural components of buildings which are: |
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1 | depreciable pursuant to 26 U.S.C. § 167 or recovery property with respect to which a deduction is |
2 | allowable under 26 U.S.C. § 168, have a useful life of three (3) years or more, are acquired by |
3 | purchase as defined in 26 U.S.C. § 179(d), have a situs in this state and are used principally for |
4 | purposes of research and development in the experimental or laboratory sense which shall also |
5 | include property used by property and casualty insurance companies for research and development |
6 | into methods and ways of preventing or reducing losses from fire and other perils. The credit shall |
7 | be allowable in the year the property is first placed in service by the taxpayer, which is the year in |
8 | which, under the taxpayer’s depreciation practice, the period for depreciation with respect to the |
9 | property begins, or the year in which the property is placed in a condition or state of readiness and |
10 | availability for a specifically assigned function, whichever is earlier. These purposes shall not be |
11 | deemed to include the ordinary testing or inspection of materials or products for quality control, |
12 | efficiency surveys, management studies, consumer surveys, advertising, promotions, or research in |
13 | connection with literary, historical or similar projects. |
14 | (c) A taxpayer shall not be allowed a credit under this section with respect to any property |
15 | described in subsections (a) and (b) of this section, if a deduction is taken for the property under § |
16 | 44-32-1. |
17 | (d) A taxpayer shall not be allowed a credit under this section with respect to tangible |
18 | personal property and other tangible property, including buildings and structural components of |
19 | buildings, which it leases to any other person or corporation. For purposes of the preceding |
20 | sentence, any contract or agreement to lease or rent or for a license to use the property is considered |
21 | a lease. |
22 | (e) The credit allowed under this section for any taxable year does not reduce the tax due |
23 | for that year, in the case of corporations, to less than the minimum fixed by § 44-11-2(e). If the |
24 | amount of credit allowable under this section for any taxable year is less than the amount of credit |
25 | available to the taxpayer, any amount of credit not credited in that taxable year may be carried over |
26 | to the following year or years, up to a maximum of seven (7) years, and may be credited against |
27 | the taxpayer’s tax for the following year or years. For purposes of chapter 30 of this title, if the |
28 | credit allowed under this section for any taxable year exceeds the taxpayer’s tax for that year, the |
29 | amount of credit not credited in that taxable year may be carried over to the following year or years, |
30 | up to a maximum of seven (7) years, and may be credited against the taxpayer’s tax for the |
31 | following year or years. |
32 | (f)(1) With respect to property which is depreciable pursuant to 26 U.S.C. § 167 and which |
33 | is disposed of or ceases to be in qualified use prior to the end of the taxable year in which the credit |
34 | is to be taken, the amount of the credit is that portion of the credit provided for in this section which |
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1 | represents the ratio which the months of qualified use bear to the months of useful life. If property |
2 | on which credit has been taken is disposed of or ceases to be in qualified use prior to the end of its |
3 | useful life, the difference between the credit taken and the credit allowed for actual use must be |
4 | added back in the year of disposition. If the property is disposed of or ceases to be in qualified use |
5 | after it has been in qualified use for more than twelve (12) consecutive years, it is not necessary to |
6 | add back the credit as provided in this subdivision. The amount of credit allowed for actual use is |
7 | determined by multiplying the original credit by the ratio which the months of qualified use bear |
8 | to the months of useful life. For purposes of this subdivision, “useful life of property” is the same |
9 | as the taxpayer uses for depreciation purposes when computing his federal income tax liability. |
10 | (2) Except with respect to that property to which subdivision (3) of this subsection applies, |
11 | with respect to three (3) year property, as defined in 26 U.S.C. § 168(c), which is disposed of or |
12 | ceases to be in qualified use prior to the end of the taxable year in which the credit is to be taken, |
13 | the amount of the credit shall be that portion of the credit provided for in this section which |
14 | represents the ratio which the months of qualified use bear to thirty-six (36). If property on which |
15 | credit has been taken is disposed of or ceases to be in qualified use prior to the end of thirty-six |
16 | (36) months, the difference between the credit taken and the credit allowed for actual use must be |
17 | added back in the year of disposition. The amount of credit allowed for actual use is determined by |
18 | multiplying the original credit by the ratio that the months of qualified use bear to thirty-six (36). |
19 | (3) With respect to any recovery property to which 26 U.S.C. § 168 applies, which is a |
20 | building or a structural component of a building and which is disposed of or ceases to be in qualified |
21 | use prior to the end of the taxable year in which the credit is to be taken, the amount of the credit |
22 | is that portion of the credit provided for in this section which represents the ratio which the months |
23 | of qualified use bear to the total number of months over which the taxpayer chooses to deduct the |
24 | property under 26 U.S.C. § 168. If property on which credit has been taken is disposed of or ceases |
25 | to be in qualified use prior to the end of the period over which the taxpayer chooses to deduct the |
26 | property under 26 U.S.C. § 168, the difference between the credit taken and the credit allowed for |
27 | actual use must be added back in the year of disposition. If the property is disposed of or ceases to |
28 | be in qualified use after it has been in qualified use for more than twelve (12) consecutive years, it |
29 | is not necessary to add back the credit as provided in this subdivision. The amount of credit allowed |
30 | for actual use is determined by multiplying the original credit by the ratio that the months of |
31 | qualified use bear to the total number of months over which the taxpayer chooses to deduct the |
32 | property under 26 U.S.C. § 168. |
33 | (g) No deduction for research and development facilities under § 44-32-1 shall be allowed |
34 | for research and development property for which the credit is allowed under this section. |
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1 | (h) No investment tax credit under § 44-31-1 shall be allowed for research and development |
2 | property for which the credit is allowed under this section. |
3 | (i) The investment tax credit allowed by § 44-31-1 shall be taken into account before the |
4 | credit allowed under this section. |
5 | (j) The credit allowed under this section only allowed against the tax of that corporation |
6 | included in a consolidated return that qualifies for the credit and not against the tax of other |
7 | corporations that may join in the filing of a consolidated return. |
8 | (k) In the event that the taxpayer is a partnership, joint venture or small business |
9 | corporation, the credit shall be divided in the same manner as income. |
10 | (l) Sunset. No credits shall be allowed under this section for tax years beginning on or after |
11 | January 1, 2026. Credits allowed for tax years ending on or before December 31, 2025, may be |
12 | carried forward into tax years beginning on or after January 1, 2026, in accordance with subsection |
13 | (e) of this section. |
14 | 44-32-3. Credit for qualified research expenses. |
15 | (a) A taxpayer shall be allowed a credit against the tax imposed by chapters 11, 17 or 30 |
16 | of this title. The amount of the credit shall be five percent (5%)(and in the case of amounts paid or |
17 | accrued after January 1, 1998, twenty-two and one-half percent (22.5%) for the first twenty-five |
18 | thousand dollars ($25,000) worth of credit and sixteen and nine-tenths percent (16.9%) for the |
19 | amount of credit above twenty-five thousand dollars ($25,000)) of the excess, if any, of: |
20 | (1) The qualified research expenses for the taxable year, over |
21 | (2) The base period research expenses. |
22 | (b)(1) “Qualified research expenses” and “base period research expenses” have the same |
23 | meaning as defined in 26 U.S.C. § 41; provided, that the expenses have been incurred in this state |
24 | after July 1, 1994. |
25 | (2) Notwithstanding the provisions of subdivision (1) of this subsection, “qualified research |
26 | expenses” also includes amounts expended for research by property and casualty insurance |
27 | companies into methods and ways of preventing or reducing losses from fire and other perils. |
28 | (c) The credit allowed under this section for any taxable year shall not reduce the tax due |
29 | for that year by more than fifty percent (50%) of the tax liability that would be payable, and in the |
30 | case of corporations, to less than the minimum fixed by § 44-11-2(e). If the amount of credit |
31 | allowable under this section for any taxable year is less than the amount of credit available to the |
32 | taxpayer any amount of credit not credited in that taxable year may be carried over to the following |
33 | year or years, up to a maximum of seven (7) years, and may be credited against the taxpayer’s tax |
34 | for that year or years. For purposes of chapter 30 of this title, if the credit allowed under this section |
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1 | for any taxable year exceeds the taxpayer’s tax for that year, the amount of credit not credited in |
2 | that taxable year may be carried over to the following year or years, up to a maximum of seven (7) |
3 | years, and may be credited against the taxpayer’s tax for that year or years. For purposes of |
4 | determining the order in which carry-overs are taken into consideration, the credit allowed by § 44- |
5 | 32-2 is taken into account before the credit allowed under this section. |
6 | (d) For tax years beginning on or after January 1, 2026, the credit allowed under this section |
7 | for any taxable year shall not reduce the tax due for that year by more than fifty percent (50%) of |
8 | the tax liability that would be payable, and in the case of corporations, to less than the minimum |
9 | fixed by § 44-11-2(e). If the amount of credit allowable under this section for any taxable year is |
10 | less than the amount of credit available to the taxpayer any amount of credit not credited in that |
11 | taxable year may be carried over to the following year or years, up to a maximum of fifteen (15) |
12 | years, and may be credited against the taxpayer’s tax for that year or years. For purposes of chapter |
13 | 30 of this title, if the credit allowed under this section for any taxable year exceeds the taxpayer’s |
14 | tax for that year, the amount of credit not credited in that taxable year may be carried over to the |
15 | following year or years, up to a maximum of fifteen (15) years, and may be credited against the |
16 | taxpayer’s tax for that year or years. For purposes of determining the order in which carry-overs |
17 | are taken into consideration, the credit allowed by § 44-32-2 is taken into account before the credit |
18 | allowed under this section. |
19 | (d)(e) The investment tax credit allowed by § 44-31-1 shall be taken into account before |
20 | the credit allowed under this section. |
21 | (e)(f) The credit allowed under this section shall only be allowed against the tax of that |
22 | corporation included in a consolidated return that qualifies for the credit and not against the tax of |
23 | other corporations that may join in the filing of a consolidated return. |
24 | (f)(g) In the event the taxpayer is a partnership, joint venture or small business corporation, |
25 | the credit is divided in the same manner as income. |
26 | SECTION 13. Section 44-34.1-2 of the General Laws in Chapter 44-34.1 entitled “Motor |
27 | Vehicle and Trailer Excise Tax Elimination Act of 1998” is hereby amended to read as follows: |
28 | 44-34.1-2. City, town, and fire district reimbursement. |
29 | (a) In fiscal years 2024 and thereafter, cities, towns, and fire districts shall receive |
30 | reimbursements, as set forth in this section, from state general revenues equal to the amount of lost |
31 | tax revenue due to the phase out of the excise tax. When the tax is phased out, cities, towns, and |
32 | fire districts shall receive a permanent distribution of sales tax revenue pursuant to § 44-18-18 in |
33 | an amount equal to any lost revenue resulting from the excise tax elimination. |
34 | (b)(1) In fiscal year 2024, cities, towns, and fire districts shall receive the following |
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1 | reimbursement amounts: |
2 | Barrington $ 5,894,822 |
3 | Bristol $ 2,905,818 |
4 | Burrillville $ 5,053,933 |
5 | Central Falls $ 2,077,974 |
6 | Charlestown $ 1,020,877 |
7 | Coventry $ 5,872,396 |
8 | Cranston $ 22,312,247 |
9 | Cumberland $ 6,073,469 |
10 | East Greenwich $ 2,417,332 |
11 | East Providence $ 11,433,479 |
12 | Exeter $ 2,241,381 |
13 | Foster $ 1,652,251 |
14 | Glocester $ 2,381,941 |
15 | Hopkinton $ 1,629,259 |
16 | Jamestown $ 622,793 |
17 | Johnston $ 10,382,785 |
18 | Lincoln $ 5,683,015 |
19 | Little Compton $ 366,775 |
20 | Middletown $ 1,976,448 |
21 | Narragansett $ 1,831,251 |
22 | Newport $ 2,223,671 |
23 | New Shoreham $ 163,298 |
24 | North Kingstown $ 5,378,818 |
25 | North Providence $ 9,619,286 |
26 | North Smithfield $ 4,398,531 |
27 | Pawtucket $ 16,495,506 |
28 | Portsmouth $ 2,414,242 |
29 | Providence $ 34,131,596 |
30 | Richmond $ 1,448,455 |
31 | Scituate $ 1,977,127 |
32 | Smithfield $ 7,098,694 |
33 | South Kingstown $ 3,930,455 |
34 | Tiverton $ 1,748,175 |
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1 | Warren $ 2,090,911 |
2 | Warwick $ 25,246,254 |
3 | Westerly $ 5,765,523 |
4 | West Greenwich $ 1,331,725 |
5 | West Warwick $ 5,673,744 |
6 | Woonsocket $ 9,324,776 |
7 | Lime Rock Fire District $ 133,933 |
8 | Lincoln Fire District $ 208,994 |
9 | Manville Fire District $ 64,862 |
10 | Quinnville Fire District $ 13,483 |
11 | (2) In fiscal year 2024, funds shall be distributed to the cities, towns, and fire districts as |
12 | follows: |
13 | (i) On August 1, 2023, twenty-five percent (25%) of the funds. |
14 | (ii) On November 1, 2023, twenty-five percent (25%) of the funds. |
15 | (iii) On February 1, 2024, twenty-five percent (25%) of the funds. |
16 | (iv) On May 1, 2024, twenty-five percent (25%) of the funds. |
17 | The funds shall be distributed to each city, town, and fire district in the same proportion as |
18 | distributed in fiscal year 2023. |
19 | (3) For the city of East Providence, the payment schedule is twenty-five percent (25%) on |
20 | November 1, 2023, twenty-five percent (25%) on February 1, 2024, twenty-five percent (25%) on |
21 | May 1, 2024, and twenty-five percent (25%) on August 1, 2024. |
22 | (4) On any of the payment dates specified in subsections (b)(2)(i) through (b)(2)(iv), or |
23 | (b)(3), or (d) of this section, the director of revenue is authorized to deduct previously made over- |
24 | payments or add supplemental payments as may be required to bring the reimbursements into full |
25 | compliance with the requirements of this chapter. |
26 | (c) When the tax is phased out to August 1, of the following fiscal year the director of |
27 | revenue shall calculate to the nearest thousandth of one cent ($0.00001) the number of cents of |
28 | sales tax received for the fiscal year ending June 30, of the year following the phase-out equal to |
29 | the amount of funds distributed to the cities, towns, and fire districts under this chapter during the |
30 | fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year |
31 | following the phase-out received by each city, town, and fire district, calculated to the nearest one- |
32 | hundredth of one percent (0.01%). The director of the department of revenue shall transmit those |
33 | calculations to the governor, the speaker of the house, the president of the senate, the chairperson |
34 | of the house finance committee, the chairperson of the senate finance committee, the house fiscal |
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1 | advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes received for |
2 | the prior fiscal year, shall be the basis for determining the amount of sales tax to be distributed to |
3 | the cities, towns, and fire districts under this chapter for the second fiscal year following the phase- |
4 | out and each year thereafter in fiscal year 2025. The cities, towns, and fire districts shall receive |
5 | that amount of sales tax in the proportions calculated by the director of revenue as that received in |
6 | the fiscal year following the phase-out. |
7 | (d) In fiscal years 2025 and thereafter, twenty-five percent (25%) of the funds shall be |
8 | distributed to the cities, towns, and fire districts on August 1, 2024, and every August 1 thereafter; |
9 | twenty-five percent (25%) shall be distributed on November 1, 2024, and every November 1 |
10 | thereafter; twenty-five percent (25%) shall be distributed on February 1, 2025, and every February |
11 | 1 thereafter; and twenty-five percent (25%) shall be distributed on May 1, 2025, and every May 1 |
12 | thereafter. |
13 | (e) In fiscal years 2026 and thereafter, each city, town, and fire district shall receive a |
14 | reimbursement amount equal to the reimbursement amount it received pursuant to subsection (b)(1) |
15 | or (c) of this section, whichever is greater. |
16 | (e)(f) [Deleted by P.L. 2024, ch. 400, § 1 and P.L. 2024, ch. 401, § 1.] |
17 | SECTION 14. Chapter 44-39.1 of the General Laws entitled “Employment Tax Credit” is |
18 | hereby amended by adding thereto the following section: |
19 | 44-39.1-5. Sunset. |
20 | No credits shall be allowed under this chapter for tax years beginning on or after January |
21 | 1, 2026. |
22 | SECTION 15. Sections 44-43-2 and 44-43-3 of the General Laws in Chapter 44-43 entitled |
23 | “Tax Incentives for Capital Investment in Small Businesses” is hereby amended to read as follows: |
24 | 44-43-2. Deduction or modification. |
25 | (a) In the year in which a taxpayer first makes a qualifying investment in a certified venture |
26 | capital partnership or the year in which an entrepreneur first makes an investment in a qualifying |
27 | entity, the taxpayer or the entrepreneur shall be allowed: |
28 | (1) A deduction for purposes of computing net income or net worth in accordance with |
29 | chapter 11 of this title; or |
30 | (2) A deduction from gross earnings for purposes of computing the public service |
31 | corporation tax in accordance with chapter 13 of this title; or |
32 | (3) A deduction for the purposes of computing net income in accordance with chapter 14 |
33 | of this title; or |
34 | (4) A deduction for the purposes of computing gross premiums in accordance with chapter |
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1 | 17 of this title; or |
2 | (5) A modification reducing federal adjusted gross income in accordance with chapter 30 |
3 | of this title. |
4 | (b) The deduction or modification shall be in an amount equal to the taxpayer’s qualifying |
5 | investment in a certified venture capital partnership or an entrepreneur’s investment in a qualifying |
6 | business entity and shall be measured at the year end of the certified venture capital partnership, |
7 | the year end of the qualifying business entity, or the year end of the investing taxpayer, whichever |
8 | comes first. |
9 | (c) Sunset. No deductions or modifications shall be allowed under this section for tax years |
10 | beginning on or after January 1, 2026. |
11 | 44-43-3. Wage credit. |
12 | (a) There shall be allocated among the entrepreneurs of a qualifying business entity (based |
13 | on the ratio of each entrepreneur’s interest in the entity to the total interest held by all entrepreneurs) |
14 | with respect to each entity on an annual basis commencing with the calendar year in which the |
15 | entity first qualified as a qualifying business entity a credit against the tax imposed by chapter 30 |
16 | of this title. The credit shall be equal to three percent (3%) of the wages (as defined in 26 U.S.C. § |
17 | 3121(a)) in excess of fifty thousand dollars ($50,000) paid during each calendar year to employees |
18 | of the entity; provided, that there shall be excluded from the amount on which the credit is based |
19 | any wages: |
20 | (1) Paid to any owner of the entity; |
21 | (2) Paid more than five (5) years after the entity commenced business or five (5) years after |
22 | the purchase of the business entity by new owners, whichever occurs later; or |
23 | (3) Paid to employees who are not principally employed in Rhode Island and whose wages |
24 | are not subject to withholding pursuant to chapter 30 of this title. |
25 | (b) The credit authorized by this section shall cease in the taxable year next following after |
26 | the taxable year in which the average annual gross revenue of the business entity equals or exceeds |
27 | one million five hundred thousand dollars ($1,500,000). |
28 | (c) Sunset. No credits shall be allowed under this section for tax years beginning on or after |
29 | January 1, 2026. |
30 | SECTION 16. Chapter 44-53 of the General Laws entitled “Levy and Distraint” is hereby |
31 | amended by adding thereto the following section: |
32 | 44-53-18. Financial institution data match system for state tax collection purposes. |
33 | (a) Definitions. As used in this section: |
34 | (1) “Division” means the Rhode Island department of revenue, division of taxation. |
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1 | (2) “Financial institution” means any bank, savings and loan association, federal or state |
2 | credit union, trust company, consumer lender, international banking facility, financial institution |
3 | holding company, benefit association, insurance company, safe deposit company, or any entity |
4 | authorized by the taxpayer to buy, sell, transfer, store, and/or trade monetary assets or its equivalent, |
5 | including but not limited to virtual currency, and any party affiliated with the financial institution. |
6 | A financial institution includes any person or entity authorized or required to participate in a |
7 | financial institution data match system or program for child support enforcement purposes under |
8 | federal or state law. |
9 | (b) Financial institution data match system for state tax collection purposes. |
10 | (1) To assist the tax administrator in the collection of debts, the division shall |
11 | develop and operate a financial institution data match system for the purpose of identifying and |
12 | seizing the non-exempt assets of delinquent taxpayers as identified by the tax administrator. The |
13 | tax administrator is authorized to designate a third party to develop and operate this system. Any |
14 | third party designated by the tax administrator to develop and operate a financial data match system |
15 | must keep all information it obtains from both the division and the financial institution confidential, |
16 | and any employee, agent or representative of that third party is prohibited from disclosing that |
17 | information to anyone other than the division or the financial institution. |
18 | (2) Each financial institution doing business in the state shall, in conjunction with |
19 | the tax administrator or the tax administrator’s authorized designee, develop and operate a data |
20 | match system to facilitate the identification and seizure of non-exempt financial assets of delinquent |
21 | taxpayers identified by the tax administrator or the tax administrator’s authorized designee. If a |
22 | financial institution has a data match system developed or used to administer the child support |
23 | enforcement programs of this state, and if that system is approved by the tax administrator or the |
24 | tax administrator’s authorized designee, the financial institution may use that system to comply |
25 | with the provisions of this section. |
26 | (c) Each financial institution must provide identifying information at least each |
27 | calendar quarter to the division for each delinquent taxpayer identified by the division who or that |
28 | maintains an account at the institution. The identifying information must include the delinquent |
29 | taxpayer’s name, address, and social security number or other taxpayer identification number, and |
30 | all account numbers and balances in each account. |
31 | (d) A financial institution that complies with this section will not be liable under |
32 | state law to any person for the disclosure of information to the tax administrator or the tax |
33 | administrator’s authorized designee, or any other action taken in good faith to comply with this |
34 | section. |
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1 | (e) Both the financial institution furnishing a report to the tax administrator under |
2 | this section and the tax administrator’s authorized designee are prohibited from disclosing to the |
3 | delinquent taxpayer that the name of the delinquent taxpayer has been received from or furnished |
4 | to the tax administrator, unless authorized in writing by the tax administrator to do so. A violation |
5 | of this subsection will result in the imposition of a civil penalty equal to the greater of one thousand |
6 | dollars ($1,000) or the amount in the account of the person to whom the disclosure was made for |
7 | each instance of unauthorized disclosure by the financial institution or the tax administrator’s |
8 | authorized designee under subsection (b)(1). That civil penalty can be assessed and collected under |
9 | this title as if that penalty were tax. |
10 | (f) A financial institution may disclose to its depositors or account holders that the |
11 | division has the authority to request certain identifying information on certain depositors or account |
12 | holders under the financial institution data match system for state tax collection purposes. |
13 | (g) This section does not prevent the division from encumbering a delinquent taxpayer’s |
14 | account with a financial institution by any other remedy available for the enforcement of tax |
15 | collection activities. |
16 | SECTION 17. Title 44 of the General Laws entitled “Taxation” is hereby amended by |
17 | adding thereto the following chapter: |
18 | CHAPTER 44-72 |
19 | Digital Advertising Gross Revenue Tax |
20 | 44-72-1. Definitions. |
21 | As used in this chapter, the following words shall, unless the context clearly |
22 | requires otherwise, have the following meanings: |
23 | (a) “Annual gross revenues” means income or revenue, before any expenses or |
24 | taxes, computed according to generally accepted accounting principles. |
25 | (b) “Assessable base” means the annual gross revenues derived from digital |
26 | advertising services in Rhode Island. |
27 | (c) “Digital advertising services” includes advertisement services on a digital |
28 | interface, including advertisements in the form of banner advertising, search engine advertising, |
29 | interstitial advertising, and other comparable advertising services. |
30 | (d) “Digital interface” means any type of software, including a website, part of a |
31 | website, or application, that a user is able to access. |
32 | (e) “Person” includes any individual, partnership, association, corporation, estate, |
33 | trust, fiduciary, limited liability company, limited liability partnership, or any other legal entity. |
34 | (f) “User” means an individual or any other person who accesses a digital interface |
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1 | with a device. |
2 | 44-72-2. Imposition of Digital Advertising Gross Revenue Tax. |
3 | (a) For tax years beginning on or after January 1, 2026, a tax is imposed on a |
4 | person’s assessable base. The digital advertising gross revenues tax rate is 10% of the assessable |
5 | base for a person with annual gross revenues exceeding $1,000,000,000. |
6 | (b) A person who derives gross revenues from digital advertising services in Rhode Island |
7 | may not directly pass on the cost of the tax imposed under this section to a customer who purchases |
8 | the digital advertising services by means of a separate fee, surcharge, or line-item. |
9 | 44-72-3. Exemptions. |
10 | The tax provided by this chapter shall not apply to a person in any tax year in which |
11 | the annual gross revenues for that person was $1,000,000,000 or less. |
12 | 44-72-4. Filing of Returns and Payments – Due Date. |
13 | (a) For tax years beginning on or after January 1, 2026, each person that, in a calendar year, |
14 | has annual gross revenues exceeding $1,000,000,000 and an assessable base greater than $0 shall |
15 | complete, under oath, and file with the tax administrator an annual return, on or before April 15 |
16 | following the close of the taxable year. If any due date falls on a Saturday, Sunday, or Rhode Island |
17 | legal holiday, the installment is due on the next regular business day. |
18 | (b) Each person required under subsection (a) of this section to file a return shall make four |
19 | quarterly estimated payments, with 25% of the estimated tax due each quarter. |
20 | (1) Each person subject to the tax under this chapter shall complete, under oath, and file |
21 | with the tax administrator a declaration of estimated tax, on or before April 15 of the taxable year |
22 | and remit payment of estimate tax of at least 25% of the estimated digital advertising gross revenues |
23 | tax shown on the declaration or amended declaration for a taxable year. |
24 | (2) A person required under subsection (b)(1) of this section to remit payment of estimated |
25 | tax for a taxable year shall additionally remit payment of estimate tax of at least 50% of the |
26 | estimated digital advertising gross revenues tax shown on or before June 15, at least 75% of the |
27 | estimated digital advertising gross revenues tax shown on or before September 15, and at least |
28 | 100% of the estimated digital advertising gross revenues tax shown on or before December 15 of |
29 | that year. |
30 | (3) In the case of any underpayment of an estimated payment in this chapter, there is added |
31 | to the tax due for the taxable year an amount determined at the rate described in § 44-1-7 upon the |
32 | amount of the underpayment for the period of the underpayment. |
33 | (i) For the purpose of this section, the “amount of the underpayment” is the excess of the |
34 | amount of the installment or installments which would be required to be paid if the advance |
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1 | payments were equal to eighty percent (80%) of the tax shown on the return for the taxable year or |
2 | one hundred percent (100%) of the tax shown on the return for the prior taxable year, whichever is |
3 | less. |
4 | (ii) For the purposes of this section, the “period of the underpayment” is the period from |
5 | the date the installment was required to be paid to the date prescribed in this section for the payment |
6 | of the tax for the taxable year or, with respect to any portion of the underpayment, the date on which |
7 | the portion is paid, whichever date is the earlier. |
8 | (c) For tax years beginning on or after January 1, 2026 a person required to file a return |
9 | under this chapter shall pay the digital advertising gross revenues tax that covers the period for |
10 | which the tax is due. |
11 | (1) If any due date falls on a Saturday, Sunday, or Rhode Island legal holiday, the |
12 | installment is due on the next regular business day. |
13 | (d) Each person required to file a return and pay tax under this chapter must file and remit |
14 | payment electronically. |
15 | 44-72-5. Extension of time for filing of returns. |
16 | The tax administrator may grant reasonable extensions of time for filing returns under rules |
17 | and regulations as he or she shall prescribe. |
18 | 44-72-6. Interest on delinquent payments. |
19 | If any tax imposed by this chapter is not paid when due, the person shall be required to pay |
20 | as part of the tax interest on the tax at the annual rate provided by § 44-1-7 from that time. |
21 | 44-72-7. Allocation of gross revenue to State. |
22 | (a) For the purposes of this chapter, revenue from digital advertising services both within |
23 | and without Rhode Island shall be sourced based on the ratio of devices in Rhode Island that access |
24 | advertising to total devices that access advertising. |
25 | (b) The tax administer shall adopt regulations that determine the state from which revenues |
26 | from digital advertising services are derived. |
27 | 44-72-8. Claims for refund. |
28 | Any person may file a claim for refund with the tax administrator at any time within three |
29 | (3) years after the due date of the return, or in the case of a change or correction of its taxable |
30 | income by any official of the United States government, within three (3) years after receiving notice |
31 | of the change or correction. If the tax administrator determines that the tax has been overpaid, he |
32 | or she shall make a refund with interest at the annual rate provided by § 44-1-7.1 from the date of |
33 | payment. |
34 | 44-72-9. Determination of tax without return. |
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1 | If any person fails to file a return at the time prescribed by law, the tax administrator may |
2 | proceed to determine the tax from any information he or she can obtain. |
3 | 44-72-10. Penalties. |
4 | (a) Failure to file tax returns or to pay tax. |
5 | In the case of failure: |
6 | (1) To file. In the case of any failure to file a return on or before the prescribed date, unless |
7 | it is shown that the failure is due to reasonable cause and not due to willful neglect, there shall be |
8 | added to the tax five percent (5%) if the failure is for not more than one month, with an additional |
9 | five percent (5%) for each additional month or fraction of a month during which the failure |
10 | continues, not exceeding twenty-five percent (25%) in the aggregate, except that when a return is |
11 | filed after the time prescribed by law and it is shown that the failure to file the return at the |
12 | prescribed time was due to reasonable cause and not due to willful neglect, no addition to the tax |
13 | shall be made.. |
14 | (2) To pay. In the case of any failure to pay the tax as imposed by this chapter with the |
15 | return on or before the prescribed date, unless it is shown that the failure is due to reasonable cause |
16 | and not due to willful neglect, there shall be added to the amount shown as tax on the return five- |
17 | tenths percent (0.5%) of the amount of the tax if the failure is for not more than one month, with |
18 | an additional five-tenths percent (0.5%) for each additional month or fraction of a month during |
19 | which the failure continues, not exceeding twenty-five percent (25%) in the aggregate, except that |
20 | when the failure is due to reasonable cause and not to willful neglect, no addition to the tax shall |
21 | be made. |
22 | (b) Negligence. If any part of a deficiency is due to negligence or intentional disregard of |
23 | the Rhode Island General Laws or rules or regulations under this chapter (but without intent to |
24 | defraud), five percent (5%) of that part of the deficiency shall be added to the tax. |
25 | (c) Fraud. If any part of a deficiency is due to fraud, fifty percent (50%) of that part of the |
26 | deficiency shall be added to the tax. This amount shall be in lieu of any other additional amounts |
27 | imposed by subsections (a) and (b) of this section. |
28 | (d) Additions and penalties treated as tax. The additions to the tax and civil penalties |
29 | provided by this section shall be paid upon notice and demand and shall be assessed, collected, and |
30 | paid in the same manner as taxes. |
31 | (e) Bad checks. If any check or money order in payment of any amount receivable under |
32 | this chapter is not duly paid, in addition to any other penalties provided by law, there shall be paid |
33 | as a penalty by the person who tendered the check, upon notice and demand by the tax administrator |
34 | or his or her delegate, in the same manner as tax, an amount equal to one percent (1%) of the amount |
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1 | of the check, except that if the amount of the check is less than five hundred dollars ($500), the |
2 | penalty under this section shall be five dollars ($5.00). This subsection shall not apply if the person |
3 | tendered the check in good faith and with reasonable cause to believe that it would be duly paid. |
4 | 44-72-11. Hearings and appeals. |
5 | (a) Any person aggrieved by any action under this chapter of the tax administrator or his |
6 | or her authorized agent for which a hearing is not elsewhere provided may apply to the tax |
7 | administrator, in writing, within thirty (30) days of the action for a hearing, stating the reasons why |
8 | the hearing should be granted and the manner of relief sought. The tax administrator shall notify |
9 | the applicant of the time and place fixed for the hearing. After the hearing, the tax administrator |
10 | may make the order in the premises as may appear to the tax administrator just and lawful and shall |
11 | furnish a copy of the order to the applicant. The tax administrator may, by notice in writing, at any |
12 | time, order a hearing on his or her own initiative and any persons whom the tax administrator |
13 | believes to be in possession of information concerning revenue from digital advertising services to |
14 | appear before the tax administrator or his or her authorized agent with any specific books of |
15 | account, papers, or other documents, for examination relative to the hearing. |
16 | (b) Appeals from administrative orders or decisions made pursuant to any provisions of |
17 | this chapter shall be to the sixth division district court pursuant to chapter 8 of title 8. The person’s |
18 | right to appeal under this section shall be expressly made conditional upon prepayment of all taxes, |
19 | interest, and penalties, unless the person moves for and is granted an exemption from the |
20 | prepayment requirement pursuant to § 8-8-26. |
21 | 44-72-12. Records. |
22 | Each person shall keep records, render statements, make returns, and comply with rules |
23 | and regulations, not inconsistent with law, as the tax administrator may from time to time prescribe |
24 | to carry into effect the provisions of this chapter. |
25 | 44-72-13. Rules and Regulations. |
26 | The tax administrator is authorized to promulgate rules and regulations to carry out the |
27 | provisions, policies, and purposes of this chapter. The provisions of this chapter shall be liberally |
28 | construed to foster the enforcement of and compliance with all provisions herein related to taxation. |
29 | 44-72-14. Severability. |
30 | If any provision of this chapter or the application of this chapter to any person or |
31 | circumstances is held invalid, that invalidity shall not affect other provisions or applications of the |
32 | chapter that can be given effect without the invalid provision or application, and to this end the |
33 | provisions of this chapter are declared to be severable. |
34 | SECTION 18. Sections 45-24-31 and 45-24-37of the General Laws in Chapter 45-24 |
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1 | entitled “Zoning Ordinances” are hereby amended to read as follows: |
2 | 45-24-31. Definitions. |
3 | Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they |
4 | have the meanings stated in that section. In addition, the following words have the following |
5 | meanings. Additional words and phrases may be used in developing local ordinances under this |
6 | chapter; however, the words and phrases defined in this section are controlling in all local |
7 | ordinances created under this chapter: |
8 | (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with |
9 | no intervening land. |
10 | (2) Accessory dwelling unit (ADU). A residential living unit on the same lot where the |
11 | principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An |
12 | ADU provides complete independent living facilities for one or more persons. It may take various |
13 | forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, |
14 | such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling. |
15 | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental |
16 | and subordinate to the principal use of the land or building. An accessory use may be restricted to |
17 | the same lot as the principal use. An accessory use shall not be permitted without the principal use |
18 | to which it is related. |
19 | (4) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2. |
20 | (5) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
21 | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
22 | or its property will be injured by a decision of any officer or agency responsible for administering |
23 | the zoning ordinance of a city or town; or |
24 | (ii) Anyone requiring notice pursuant to this chapter. |
25 | (6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. |
26 | (7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. |
27 | (8) Applicant. An owner, or authorized agent of the owner, submitting an application or |
28 | appealing an action of any official, board, or agency. |
29 | (9) Application. The completed form, or forms, and all accompanying documents, |
30 | exhibits, and fees required of an applicant by an approving authority for development review, |
31 | approval, or permitting purposes. |
32 | (10) Buffer. Land that is maintained in either a natural or landscaped state, and is used to |
33 | screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. |
34 | (11) Building. Any structure used or intended for supporting or sheltering any use or |
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1 | occupancy. |
2 | (12) Building envelope. The three-dimensional space within which a structure is permitted |
3 | to be built on a lot and that is defined by regulations governing building setbacks, maximum height, |
4 | and bulk; by other regulations; or by any combination thereof. |
5 | (13) Building height. For a vacant parcel of land, building height shall be measured from |
6 | the average, existing-grade elevation where the foundation of the structure is proposed. For an |
7 | existing structure, building height shall be measured from average grade taken from the outermost |
8 | four (4) corners of the existing foundation. In all cases, building height shall be measured to the top |
9 | of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, |
10 | chimneys, flag poles, and the like. For any property or structure located in a special flood hazard |
11 | area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the |
12 | Rhode Island coastal resources management council (CRMC) suggested design elevation three foot |
13 | (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) |
14 | storm, the greater of the following amounts, expressed in feet, shall be excluded from the building |
15 | height calculation: |
16 | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or |
17 | proposed freeboard, less the average existing grade elevation; or |
18 | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
19 | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
20 | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
21 | otherwise necessary. |
22 | (14) Cluster. A site-planning technique that concentrates buildings in specific areas on the |
23 | site to allow the remaining land to be used for recreation, common open space, and/or preservation |
24 | of environmentally, historically, culturally, or other sensitive features and/or structures. The |
25 | techniques used to concentrate buildings shall be specified in the ordinance and may include, but |
26 | are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the |
27 | resultant open land being devoted by deed restrictions for one or more uses. Under cluster |
28 | development, there is no increase in the number of lots that would be permitted under conventional |
29 | development except where ordinance provisions include incentive bonuses for certain types or |
30 | conditions of development. |
31 | (15) Common ownership. Either: |
32 | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
33 | or more contiguous lots; or |
34 | (ii) Ownership by any association (ownership may also include a municipality) of one or |
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1 | more lots under specific development techniques. |
2 | (16) Community residence. A home or residential facility where children and/or adults |
3 | reside in a family setting and may or may not receive supervised care. This does not include halfway |
4 | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the |
5 | following: |
6 | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
7 | disability reside in any type of residence in the community, as licensed by the state pursuant to |
8 | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community |
9 | residences; |
10 | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons |
11 | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
12 | (iii) A residence for children providing care or supervision, or both, to not more than eight |
13 | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of |
14 | title 42; |
15 | (iv) A community transitional residence providing care or assistance, or both, to no more |
16 | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
17 | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
18 | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor |
19 | more than two (2) years. Residents will have access to, and use of, all common areas, including |
20 | eating areas and living rooms, and will receive appropriate social services for the purpose of |
21 | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. |
22 | (17) Comprehensive plan. The comprehensive plan adopted and approved pursuant to |
23 | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
24 | compliance. |
25 | (18) Day care — Daycare center. Any other daycare center that is not a family daycare |
26 | home. |
27 | (19) Day care — Family daycare home. Any home, other than the individual’s home, in |
28 | which day care in lieu of parental care or supervision is offered at the same time to six (6) or less |
29 | individuals who are not relatives of the caregiver, but may not contain more than a total of eight |
30 | (8) individuals receiving day care. |
31 | (20) Density, residential. The number of dwelling units per unit of land. |
32 | (21) Development. The construction, reconstruction, conversion, structural alteration, |
33 | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; |
34 | or any change in use, or alteration or extension of the use, of land. |
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1 | (22) Development plan review. See §§ 45-23-32 and 45-23-50. |
2 | (23) District. See “zoning use district.” |
3 | (24) Drainage system. A system for the removal of water from land by drains, grading, or |
4 | other appropriate means. These techniques may include runoff controls to minimize erosion and |
5 | sedimentation during and after construction or development; the means for preserving surface and |
6 | groundwaters; and the prevention and/or alleviation of flooding. |
7 | (25) Dwelling unit. A structure, or portion of a structure, providing complete, independent |
8 | living facilities for one or more persons, including permanent provisions for living, sleeping, eating, |
9 | cooking, and sanitation, and containing a separate means of ingress and egress. |
10 | (26) Extractive industry. The extraction of minerals, including: solids, such as coal and |
11 | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes |
12 | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other |
13 | preparation customarily done at the extraction site or as a part of the extractive activity. |
14 | (27) Family member. A person, or persons, related by blood, marriage, or other legal |
15 | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
16 | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. |
17 | (28) Floating zone. An unmapped zoning district adopted within the ordinance that is |
18 | established on the zoning map only when an application for development, meeting the zone |
19 | requirements, is approved. |
20 | (29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
21 | (30) Freeboard. A factor of safety expressed in feet above the base flood elevation of a |
22 | flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
23 | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
24 | the hydrological effect of urbanization of the watershed. |
25 | (31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. |
26 | (32) Halfway house. A residential facility for adults or children who have been |
27 | institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
28 | a functional member of society. |
29 | (33) Hardship. See § 45-24-41. |
30 | (34) Historic district or historic site. As defined in § 45-22.2-4. |
31 | (35) Home occupation. Any activity customarily carried out for gain by a resident, |
32 | conducted as an accessory use in the resident’s dwelling unit. For the purposes of this chapter, |
33 | home occupation does not include remote work activities as defined in § 45-24-37. |
34 | (36) Household. One or more persons living together in a single-dwelling unit, with |
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1 | common access to, and common use of, all living and eating areas and all areas and facilities for |
2 | the preparation and storage of food within the dwelling unit. The term “household unit” is |
3 | synonymous with the term “dwelling unit” for determining the number of units allowed within any |
4 | structure on any lot in a zoning district. An individual household shall consist of any one of the |
5 | following: |
6 | (i) A family, which may also include servants and employees living with the family; or |
7 | (ii) A person or group of unrelated persons living together. The maximum number may be |
8 | set by local ordinance, but this maximum shall not be less than one person per bedroom and shall |
9 | not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to |
10 | NARR-certified recovery residences. |
11 | (37) Incentive zoning. The process whereby the local authority may grant additional |
12 | development capacity in exchange for the developer’s provision of a public benefit or amenity as |
13 | specified in local ordinances. |
14 | (38) Infrastructure. Facilities and services needed to sustain residential, commercial, |
15 | industrial, institutional, and other activities. |
16 | (39) Land development project. As defined in § 45-23-32. |
17 | (40) Lot. Either: |
18 | (i) The basic development unit for determination of lot area, depth, and other dimensional |
19 | regulations; or |
20 | (ii) A parcel of land whose boundaries have been established by some legal instrument, |
21 | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for |
22 | purposes of transfer of title. |
23 | (41) Lot area. The total area within the boundaries of a lot, excluding any street right-of- |
24 | way, usually reported in acres or square feet. |
25 | (42) Lot area, minimum. The smallest land area established by the local zoning ordinance |
26 | upon which a use, building, or structure may be located in a particular zoning district. |
27 | (43) Lot building coverage. That portion of the lot that is, or may be, covered by buildings |
28 | and accessory buildings. |
29 | (44) Lot depth. The distance measured from the front lot line to the rear lot line. For lots |
30 | where the front and rear lot lines are not parallel, the lot depth is an average of the depth. |
31 | (45) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify |
32 | how noncontiguous frontage will be considered with regard to minimum frontage requirements. |
33 | (46) Lot line. A line of record, bounding a lot, that divides one lot from another lot or |
34 | from a public or private street or any other public or private space and shall include: |
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1 | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall |
2 | specify the method to be used to determine the front lot line on lots fronting on more than one |
3 | street, for example, corner and through lots; |
4 | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of |
5 | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length |
6 | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and |
7 | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may |
8 | be a street lot line, depending on requirements of the local zoning ordinance. |
9 | (47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined |
10 | herein. |
11 | (48) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two |
12 | (2) streets that do not intersect at the boundaries of the lot. |
13 | (49) Lot width. The horizontal distance between the side lines of a lot measured at right |
14 | angles to its depth along a straight line parallel to the front lot line at the minimum front setback |
15 | line. |
16 | (50) Manufactured home. As used in this section, a manufactured home shall have the |
17 | same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections, |
18 | which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more |
19 | in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is |
20 | built on a permanent chassis and designed to be used as a dwelling with a permanent foundation |
21 | connected to the required utilities, and includes the plumbing, heating, air-conditioning, and |
22 | electrical systems contained therein; except that such term shall include any structure that meets all |
23 | the requirements of this definition except the size requirements and with respect to which the |
24 | manufacturer voluntarily files a certification required by the United States Secretary of Housing |
25 | and Urban Development and complies with the standards established under chapter 70 of Title 42 |
26 | of the United States Code; and except that such term shall not include any self-propelled |
27 | recreational vehicle. |
28 | (51) Mere inconvenience. See § 45-24-41. |
29 | (52) Mixed use. A mixture of land uses within a single development, building, or tract. |
30 | (53) Modification. Permission granted and administered by the zoning enforcement |
31 | officer of the city or town, and pursuant to the provisions of this chapter to grant a dimensional |
32 | variance other than lot area requirements from the zoning ordinance to a limited degree as |
33 | determined by the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) |
34 | of each of the applicable dimensional requirements. |
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1 | (54) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully |
2 | existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with |
3 | the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: |
4 | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is |
5 | not a permitted use in that zoning district. A building or structure containing more dwelling units |
6 | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or |
7 | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance |
8 | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all |
9 | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building |
10 | or structure containing more dwelling units than are permitted by the use regulations of a zoning |
11 | ordinance is nonconforming by use; a building or structure containing a permitted number of |
12 | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per |
13 | dwelling unit regulations, is nonconforming by dimension. |
14 | (55) Overlay district. A district established in a zoning ordinance that is superimposed |
15 | on one or more districts or parts of districts. The standards and requirements associated with an |
16 | overlay district may be more or less restrictive than those in the underlying districts consistent with |
17 | other applicable state and federal laws. |
18 | (56) Performance standards. A set of criteria or limits relating to elements that a |
19 | particular use or process must either meet or may not exceed. |
20 | (57) Permitted use. A use by right that is specifically authorized in a particular zoning |
21 | district. |
22 | (58) Planned development. A “land development project,” as defined in subsection (39), |
23 | and developed according to plan as a single entity and containing one or more structures or uses |
24 | with appurtenant common areas. |
25 | (59) Plant agriculture. The growing of plants for food or fiber, to sell or consume. |
26 | (60) Preapplication conference. A review meeting of a proposed development held |
27 | between applicants and reviewing agencies as permitted by law and municipal ordinance, before |
28 | formal submission of an application for a permit or for development approval. |
29 | (61) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance |
30 | of the required setback for the zoning district in which the lot is located that establishes the area |
31 | within which the principal structure must be erected or placed. |
32 | (62) Site plan. The development plan for one or more lots on which is shown the existing |
33 | and/or the proposed conditions of the lot. |
34 | (63) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface |
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1 | of the ground. |
2 | (64) Special use. A regulated use that is permitted pursuant to the special-use permit |
3 | issued by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a |
4 | special exception. |
5 | (65) Structure. A combination of materials to form a construction for use, occupancy, or |
6 | ornamentation, whether installed on, above, or below the surface of land or water. |
7 | (66) Substandard lot of record. Any lot lawfully existing at the time of adoption or |
8 | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions |
9 | of that ordinance. |
10 | (67) Use. The purpose or activity for which land or buildings are designed, arranged, or |
11 | intended, or for which land or buildings are occupied or maintained. |
12 | (68) Variance. Permission to depart from the literal requirements of a zoning ordinance. |
13 | An authorization for the construction or maintenance of a building or structure, or for the |
14 | establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are |
15 | only two (2) categories of variance, a use variance or a dimensional variance. |
16 | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance |
17 | where the applicant for the requested variance has shown by evidence upon the record that the |
18 | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the |
19 | zoning ordinance. |
20 | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a |
21 | zoning ordinance under the applicable standards set forth in § 45-24-41. |
22 | (69) Waters. As defined in § 46-12-1(23). |
23 | (70) Wetland, coastal. As defined in § 45-22.2-4. |
24 | (71) Wetland, freshwater. As defined in § 2-1-20. |
25 | (72) Zoning certificate. A document signed by the zoning enforcement officer, as |
26 | required in the zoning ordinance, that acknowledges that a use, structure, building, or lot either |
27 | complies with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or |
28 | is an authorized variance or modification therefrom. |
29 | (73) Zoning map. The map, or maps, that are a part of the zoning ordinance and that |
30 | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or |
31 | town. |
32 | (74) Zoning ordinance. An ordinance enacted by the legislative body of the city or town |
33 | pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or |
34 | town’s legislative or home rule charter, if any, that establish regulations and standards relating to |
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1 | the nature and extent of uses of land and structures; that is consistent with the comprehensive plan |
2 | of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that |
3 | complies with the provisions of this chapter. |
4 | (75) Zoning use district. The basic unit in zoning, either mapped or unmapped, to which |
5 | a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning use |
6 | districts include, but are not limited to: agricultural, commercial, industrial, institutional, open |
7 | space, and residential. Each district may include sub-districts. Districts may be combined. |
8 | 45-24-37. General provisions — Permitted uses. |
9 | (a) The zoning ordinance shall provide a listing of all land uses and/or performance |
10 | standards for uses that are permitted within the zoning use districts of the municipality. The |
11 | ordinance may provide for a procedure under which a proposed land use that is not specifically |
12 | listed may be presented by the property owner to the zoning board of review or to a local official |
13 | or agency charged with administration and enforcement of the ordinance for an evaluation and |
14 | determination of whether the proposed use is of a similar type, character, and intensity as a listed |
15 | permitted use. Upon such determination, the proposed use may be considered to be a permitted use. |
16 | (b) Notwithstanding any other provision of this chapter, the following uses are permitted |
17 | uses within all residential zoning use districts of a municipality and all industrial and commercial |
18 | zoning use districts except where residential use is prohibited for public health or safety reasons: |
19 | (1) Households; |
20 | (2) Community residences; and |
21 | (3) Family daycare homes. ; and |
22 | (4) Remote work, defined as a work flexibility arrangement under which a W-2 employee |
23 | or full-time contractor routinely performs the duties and responsibilities of such employee’s |
24 | position from an approved worksite other than the location from which the employee would |
25 | otherwise work. |
26 | (i) Remote work shall not include any activities that: |
27 | (A) Relate to the sale of unlawful goods and services; |
28 | (B) Generate on-street parking or a substantial increase in traffic through the residential |
29 | area; |
30 | (C) Occur outside of the residential dwelling; |
31 | (D) Occur in the yard; or |
32 | (E) Are visible from the street. |
33 | (c) Any time a building or other structure used for residential purposes, or a portion of a |
34 | building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire |
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1 | or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, |
2 | or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former |
3 | occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated |
4 | and otherwise made fit for occupancy. The property owner, or a properly designated agent of the |
5 | owner, is only allowed to cause the mobile and manufactured home, or homes, to remain |
6 | temporarily upon the land by making timely application to the local building official for the |
7 | purposes of obtaining the necessary permits to repair or rebuild the structure. |
8 | (d) Notwithstanding any other provision of this chapter, appropriate access for people with |
9 | disabilities to residential structures is allowed as a reasonable accommodation for any person(s) |
10 | residing, or intending to reside, in the residential structure. |
11 | (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit |
12 | (“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in |
13 | all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24- |
14 | 73(a) shall be permitted through an administrative building permit process only. |
15 | (f) When used in this section the terms “people with disabilities” or “member, or members, |
16 | with disabilities” means a person(s) who has a physical or mental impairment that substantially |
17 | limits one or more major life activities, as defined in 42-87-1(7). |
18 | (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted |
19 | use within all zoning districts of a municipality, including all industrial and commercial zoning |
20 | districts, except where prohibited for public health or safety reasons or the protection of wildlife |
21 | habitat. |
22 | (h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse |
23 | for the conversion of any commercial building, including offices, schools, religious facilities, |
24 | medical buildings, and malls into residential units or mixed-use developments which include the |
25 | development of at least fifty percent (50%) of the existing gross floor area into residential units, |
26 | shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, |
27 | except where such is prohibited by environmental land use restrictions recorded on the property by |
28 | the state of Rhode Island department of environmental management or the United States |
29 | Environmental Protection Agency preventing the conversion to residential use. |
30 | (1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse |
31 | developments from off-street parking requirements of over one space per dwelling unit. |
32 | (2) Density. |
33 | (i) For projects that meet the following criteria, zoning ordinances shall allow for high |
34 | density development and shall not limit the density to less than fifteen (15) dwelling units per acre: |
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1 | (A) Where the project is limited to the existing footprint, except that the footprint is |
2 | allowed to be expanded to accommodate upgrades related to the building and fire codes and |
3 | utilities; and |
4 | (B) The development includes at least twenty percent (20%) low- and moderate-income |
5 | housing; and |
6 | (C) The development has access to public sewer and water service or has access to adequate |
7 | private water, such as a well and and/or wastewater treatment system(s) approved by the relevant |
8 | state agency for the entire development as applicable. |
9 | (ii) For all other adaptive reuse projects, the residential density permitted in the converted |
10 | structure shall be the maximum allowed that otherwise meets all standards of minimum housing |
11 | and has access to public sewer and water service or has access to adequate private water, such as a |
12 | well, and wastewater treatment system(s) approved by the relevant state agency for the entire |
13 | development, as applicable. The density proposed shall be determined to meet all public health and |
14 | safety standards. |
15 | (3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, |
16 | existing building setbacks shall remain and shall be considered legal nonconforming, but no |
17 | additional encroachments shall be permitted into any nonconforming setback, unless otherwise |
18 | allowed by zoning ordinance or relief is granted by the applicable authority. |
19 | (4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the |
20 | height of the existing structure, if it exceeds the maximum height of the zoning district, may remain |
21 | and shall be considered legal nonconforming, and any rooftop construction shall be included within |
22 | the height exemption. |
23 | (i) Notwithstanding any other provisions of this chapter, all towns and cities may allow |
24 | manufactured homes that comply with § 23-27.3-109.1.3 as a type of single-family home on any |
25 | lot zoned for single-family use. Such home shall comply with all dimensional requirements of a |
26 | single-family home in the district or seek relief for the same under the provisions of this chapter. |
27 | SECTION 19. All sections shall take effect upon passage, except for Section 1 |
28 | which shall be effective July 1, 2025, and Sections 8 and 9 which shall be effective September 2, |
29 | 2025, and Sections 6 and 10 which shall be effective October 1, 2025, and Sections |
30 | 3,4,5,7,11,12,14,15 and 17 which shall be effective on January 1, 2026. |
31 | ARTICLE 6 |
32 | RELATING TO ECONOMIC DEVELOPEMNT |
33 | SECTION 1. Sections 5-23-2 and 5-23-6 of the General Laws in Chapter 5-23 entitled |
34 | “Holiday Business” are hereby amended to read as follows: |
35 | 5-23-2. Licenses for holiday business. |
36 | (a) A retail establishment may be open on any day of the year except as specifically |
37 | prohibited herein. A retail establishment shall not be open on a holiday unless licensed by the |
38 | appropriate town council pursuant to this section. The city or town council of any city or town shall |
39 | grant holiday licenses for the sale by retail establishments. No license shall be issued on December |
40 | 25 of any year or on Thanksgiving Day, except to: |
41 | (1) Pharmacies licensed under chapter 19.1 of this title; provided, however, that no drug |
42 | (as defined in § 5-19.1-2) or controlled substance (as defined in § 5-19.1-2) requiring a prescription |
43 | (as defined in § 5-19.1-2) shall be dispensed or sold unless a licensed pharmacist-in-charge (as |
44 | defined in § 5-19.1-2) is available on the premises; |
45 | (2) Retail establishments that principally sell food products as defined in § 44-18-30(9) and |
46 | that employ fewer than six (6) employees per shift at any one location; |
47 | (3) Retail establishments principally engaged in the sale of cut flowers, floral products, |
48 | plants, shrubs, trees, fertilizers, seeds, bulbs, and garden accessories; |
49 | (4) Retail establishments principally engaged in the sale and/or rental of video cassette |
50 | tapes; and |
51 | (54) Retail establishments principally engaged in the preparation or sale of bakery |
52 | products. |
53 | (b) Retail establishments licensed pursuant to this section may be permitted to open for |
54 | business during holidays on their normal business working hours. |
55 | (c) Retail establishments licensed pursuant to this section shall be exempt from the |
56 | provisions of chapter 1 of title 25, entitled “Holidays and Days of Special Observance,” and those |
57 | establishments may sell any and all items sold in the ordinary course of business with the exception |
58 | of alcoholic beverages. |
59 | (d) All employees engaged in work during Sundays or holidays pursuant to the provisions |
60 | of this section shall receive from their employer no less than time and a half for the work so |
61 | performed and shall be guaranteed at least a minimum of four (4) hours employment; except those |
62 | employees referred to in § 28-12-4.3(a)(4), provided that the work performed by the employee is |
63 | strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday is not a |
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1 | ground for discrimination, dismissal, or discharge or any other penalty upon the employee. |
2 | Provided, however, that the time and one half and voluntary work provisions do not apply to retail |
3 | establishments engaged principally in the preparation or sale of bakery products and pharmacies. |
4 | The city or town council may fix and cause to be paid into the city or town treasury for each license |
5 | issued pursuant to this section a fee not to exceed the sum of one hundred dollars ($100) and may |
6 | fix the time or times when the license granted terminates; provided, that the city or town council |
7 | shall not charge a licensing fee to any charitable, benevolent, educational, philanthropic, humane, |
8 | patriotic, social service, civic, fraternal, police, fire, labor, or religious organization that is not |
9 | operated for profit. |
10 | (e) Retail establishments engaged principally in the preparation or sale of bakery products |
11 | and pharmacies shall be licensed prior to the sale of those products in accordance with this section; |
12 | provided, that the time and one half and voluntary work provisions do not apply. |
13 | (f)(c) Each city or town council shall fix, limit, and specify those rules, regulations, and |
14 | conditions relating to the granting, holding, and exercising those licenses opening of retail |
15 | establishments on holidays as it deems necessary or advisable and as are not inconsistent with law, |
16 | and may suspend or revoke any license granted by it for more than two (2) violations of those rules, |
17 | regulations, and conditions during a calendar year. |
18 | (g)(d) Each city or town shall grant Class A licenses authorizing retail establishments that |
19 | sell alcoholic beverages for consumption off of the premises within its jurisdiction to sell on |
20 | Sundays, alcoholic beverages in accordance with the terms of this chapter and that of title 3; |
21 | provided that it shall not permit such sale prior to the hour of twelve noon (12:00 p.m.) or on |
22 | Christmas day, if Christmas shall occur on a Sunday; provided, further, that no employee shall be |
23 | required to work and refusal to work on a Sunday shall not be the grounds for discrimination, |
24 | dismissal, discharge, deduction of hours, or any other penalty. |
25 | 5-23-6. Enforcement — Penalties. |
26 | (a) Upon complaint filed with the director of labor and training by any employee or any |
27 | consumer, or if a minor, by his or her parent or guardian, or by the lawful collective bargaining |
28 | representative of an employee, that a licensee under this chapter a person, firm, or corporation has |
29 | violated the terms of § 5-23-2, the director shall cause the complaint to be investigated, and if |
30 | satisfied that a probable violation has occurred, shall issue a complaint against the licensee person, |
31 | firm, or corporation with a notice for a hearing. The hearing shall be held before a hearing officer |
32 | of the department of labor and training. If the director concludes on the basis of the hearing record |
33 | that a violation has occurred, he or she shall issue a cease and desist order to the licensee person, |
34 | firm, or corporation, or he or she shall refer the complaint to the attorney general for appropriate |
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1 | action as provided in subsection (c) of this section. The director shall issue regulations in |
2 | conformity with law and preserving the rights of due process of all parties to implement the |
3 | provisions of this subsection. |
4 | (b) Every licensed or unlicensed person, firm, or corporation, including its officers and |
5 | officials, who or that violates any of the provisions of his, her, or its license or the provisions of |
6 | this chapter, except as set forth in subsection (a) of this section, shall be fined not exceeding five |
7 | hundred dollars ($500) for the first offense and not exceeding one thousand dollars ($1,000) for |
8 | each additional offense. |
9 | (c) Except as otherwise provided in subsections (a) and (b) of this section, suit for violation |
10 | of the provisions of this chapter, praying for criminal or civil injunctive or other relief, may be |
11 | instituted in the superior court by any city or town or by the attorney general. |
12 | (d) The penalty for opening and operating a business on December 25th of any year or on |
13 | Thanksgiving Day, unless excepted, is, in addition to subsection (b) of this section, a fine not |
14 | exceeding thirty percent (30%) of the sales or proceeds for that day. |
15 | SECTION 2. Sections 5-23-3, 5-23-4, and 5-23-5 of the General Laws in Chapter 5-23 |
16 | entitled “Holiday Business” are hereby repealed. |
17 | 5-23-3. Works of necessity for which license not required. |
18 | A license is not required for the sale upon a holiday of gasoline, oil, grease, automotive |
19 | parts, automotive servicing, or automotive accessories, or for the conducting on that day by any |
20 | farmers’ cooperative association of a wholesale auction market of fruit, vegetables, and farm |
21 | products, all of which are declared to be works of necessity. |
22 | 5-23-4. Terms and conditions of license — Revocation. |
23 | Any city or town council in each case of granting the license shall fix, limit, and specify in |
24 | the license the hours of the day during which the licensee or licensees may operate and may make |
25 | those rules, regulations, and conditions relative to the granting, holding, and exercising those |
26 | licenses that it deems necessary or advisable and that are not inconsistent with law, and may at any |
27 | time at its pleasure suspend or revoke the license that it granted. The license shall be displayed in |
28 | a conspicuous place on the premises licensed. |
29 | 5-23-5. Place of operation — Delivery carts. |
30 | The license shall not authorize any sale, rental, or operation at any place not specified in |
31 | the license. The license is deemed to include permission to deliver by means of or sell from any |
32 | cart or other vehicle, ice, milk, or newspapers; provided the number of carts or vehicles to be used |
33 | for that purpose shall be specified in the license and there shall be displayed on each cart or vehicle |
34 | while in that use any evidence that the city or town council prescribes that it is being used pursuant |
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1 | to that license. |
2 | SECTION 3. Section 5-50-4 of the General Laws in Chapter 5-50 entitled “Health Clubs” |
3 | is hereby amended to read as follows: |
4 | 5-50-4. Contract contents — Notice to buyer of right to cancel contract — Right of |
5 | contract cancellation — Refund. |
6 | (a) A copy of every health club contract shall be delivered to the buyer at the time the |
7 | contract is signed. |
8 | (b)(1) All health club contracts must be in writing signed by the buyer; must designate the |
9 | date on which the buyer actually signs the contract; and must contain a statement of the buyer’s |
10 | rights that substantially complies with this section. |
11 | (2) The statement must appear in the contract under the conspicuous caption “BUYER’S |
12 | RIGHT TO CANCEL,” and read as follows: |
13 | (2) “If you wish to cancel this contract, you may cancel in person or by mail to the seller. |
14 | You must give notice, in writing, that you do not wish to be bound by the contract. This notice must |
15 | be delivered or mailed before midnight of the tenth (10th) business day after the date of the contract |
16 | so entered into. All cancellations must be delivered or mailed to: (Insert name and mailing address |
17 | of health club).” |
18 | (3) Proof of in-person cancellation shall be effectuated by writing “cancellation” and the |
19 | date of cancellation across the contract. |
20 | (4) The buyer shall receive a copy of the contract. |
21 | (5) The signature of the person employed by the health club who registers the cancellation |
22 | must also appear on the contract. |
23 | (c) Every contract for health club services shall provide that the contract may be cancelled |
24 | before midnight of the tenth (10th) day after the date of the contract so entered into. The notice of |
25 | the buyer’s cancellation of his or her contract shall be in writing and shall be made in person or by |
26 | electronic mail to the seller at an electronic mail address that shall be specified in the contract or |
27 | by mail to the seller at the address specified in the contract. |
28 | (d) Every contract for health club services shall provide clearly and conspicuously, in |
29 | writing, that after the expiration of the ten-day (10) period for cancellation as provided in subsection |
30 | (b)(2): |
31 | (1) The buyer shall be relieved from any and all obligations under the contract, and shall |
32 | be entitled to a refund of any prepaid membership under the contract if: |
33 | (i) A buyer relocates further than fifteen (15) miles from a comparable health club facility |
34 | operated by the seller; |
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1 | (ii) If a health club facility relocates further than fifteen (15) miles from its current location, |
2 | or the seller does not maintain a health club service within a fifteen (15) mile radius from its current |
3 | location; or |
4 | (iii) If the health club services or facilities are not available to the buyer because the seller |
5 | fails to open a planned health club or location, permanently discontinues operation of the health |
6 | club or location, or substantially changes the operation; |
7 | (2) If a buyer becomes significantly physically or medically disabled for a period in excess |
8 | of three (3) months during the membership term, he or she has the option: |
9 | (i) To be relieved of liability for payment on that portion of the contract term for which the |
10 | purchaser is disabled and receive a full refund of any prepaid membership on the contract; or |
11 | (ii) To extend the duration of the contract at no additional cost for a period equal to the |
12 | duration of the disability. The health club may require that a doctor’s certificate be submitted as |
13 | verification of the disability; |
14 | (3) In the event of the buyer’s death, his or her estate shall be relieved of any further |
15 | obligation for payment under the contract and shall be entitled to a refund for any prepaid |
16 | membership for the unused portion of the contract. The health club may require verification of |
17 | death; |
18 | (4) In the event of a sale of health club ownership, the contract is voidable at the option of |
19 | the buyer. |
20 | (e) A health club contract that does not comply with the provisions of this chapter is |
21 | voidable at the option of the buyer. |
22 | (f) Upon cancellation pursuant to this section, the buyer shall be free of any and all |
23 | obligations under the contract, and any prepaid monies pursuant to this contract shall be refunded |
24 | within fifteen (15) business days of receipt of the notice of cancellation. The right of cancellation |
25 | shall not be affected by the terms of the contract and may not be waived or surrendered. |
26 | (g) Notice of the buyer’s right to cancel and the method of cancellation under this section |
27 | shall also be posted clearly and conspicuously on the premises of the health club. |
28 | SECTION 4. Section 5-78-2 of the General Laws in Chapter 5-78 entitled “Dating |
29 | Services” is hereby amended to read as follows: |
30 | 5-78-2. Contract requirements. |
31 | (a) Each contract for social referral services shall provide that such contract may be |
32 | cancelled at any time up until midnight of the third (3rd) business day after the date of receipt by |
33 | the buyer of a copy of the written contract, by written notice, delivered by electronic mail to the |
34 | seller at an electronic mail address that shall be specified in the contract or by certified or registered |
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1 | United States mail to the seller at an address that shall be specified in the contract. |
2 | (b)(1) In every contract for social referral services, the seller shall furnish to the buyer a |
3 | fully completed copy of the contract at the time of its execution, which shows the date of the |
4 | transaction and contains the name and address of the seller, and in the immediate proximity to the |
5 | space reserved in the contract for the signature of the buyer and in not less than ten-point (10) |
6 | boldface type, a statement in substantially the following form: |
7 | “You, the buyer, may cancel this contract at any time prior to midnight of the third business |
8 | day after your receipt of this contract. See the attached notice of cancellation for an explanation of |
9 | this right.” |
10 | (2) At the time the buyer signs the social referral services contract, a statement captioned |
11 | “Notice of Cancellation” shall be contained in the contract and shall contain, in not less than ten- |
12 | point (10) boldface type, the following information and statements: |
13 | “Notice of Cancellation” |
14 | “_________________________________________ (Date of Transaction) |
15 | You may cancel this contract, without any penalty or obligation, at any time prior to |
16 | midnight of the third business day after your receipt of this contract by mailing this signed and |
17 | dated notice of cancellation by certified or registered United States mail to the seller at the following |
18 | address: _______________________________________________________________________ |
19 | . If you cancel, any payments made by you under the contract will be returned within ten (10) |
20 | business days following receipt by the seller of your cancellation notice.” |
21 | (3) All moneys paid pursuant to any contract for social referral services shall be refunded |
22 | within ten (10) business days of receipt of the notice of cancellation. |
23 | (c) The consumer’s right of rescission shall not be waived, sold, or abrogated in any way |
24 | or manner. |
25 | SECTION 5. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled |
26 | “Rebuild Rhode Island Tax Credit Act” is hereby amended to read as follows: |
27 | 42-64.20-10. Sunset. |
28 | No credits shall be authorized to be reserved pursuant to this chapter after December 31, |
29 | 2025December 31, 2026. |
30 | SECTION 6. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled “Rhode |
31 | Island Tax Increment Financing” is hereby amended to read as follows: |
32 | 42-64.21-9. Sunset. |
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1 | The commerce corporation shall enter into no agreement under this chapter after December |
2 | 31, 2025December 31, 2026. |
3 | SECTION 7. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled “Tax |
4 | Stabilization Incentive” is hereby amended to read as follows: |
5 | 42-64.22-15. Sunset. |
6 | The commerce corporation shall enter into no agreement under this chapter after December |
7 | 31, 2025December 31, 2026. |
8 | SECTION 8. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled “First |
9 | Wave Closing Fund Act” is hereby amended to read as follows: |
10 | 42-64.23-8. Sunset. |
11 | No financing shall be authorized to be reserved pursuant to this chapter after December 31, |
12 | 2025December 31, 2026. |
13 | SECTION 9. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195 |
14 | Redevelopment Project Fund Act” is hereby amended as follows: |
15 | 42-64.24-8. Sunset. |
16 | No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant |
17 | to this chapter after December 31, 2025December 31, 2026. |
18 | SECTION 10. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled |
19 | “Small Business Assistance Program Act” is hereby repealed: |
20 | 42-64.25.14 Sunset. |
21 | No grants, funding, or incentives shall be authorized pursuant to this chapter after |
22 | December 31, 2025. |
23 | SECTION 11. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled |
24 | “Stay Invested in RI Wavemaker Fellowships” is hereby amended to read as follows: |
25 | 42-64.26-12. Sunset. |
26 | No incentives or credits shall be authorized pursuant to this chapter after December 31, |
27 | 2025December 31, 2026. |
28 | SECTION 12. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled “Main |
29 | Street Rhode Island Streetscape Improvement Fund” is hereby amended as follows: |
30 | 42-64.27-6. Sunset. |
31 | No incentives shall be authorized pursuant to this chapter after December 31, |
32 | 2025December 31, 2026. |
33 | SECTION 13. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled |
34 | “Innovation Initiative” is hereby amended as follows: |
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1 | 42-64.28-10. Sunset. |
2 | No vouchers, grants, or incentives shall be authorized pursuant to this chapter after |
3 | December 31, 2025December 31, 2026. |
4 | SECTION 14. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode |
5 | Island Qualified Jobs Incentive Act of 2015” is hereby amended as follows: |
6 | 44-48.3-14. Sunset. |
7 | No credits shall be authorized to be reserved pursuant to this chapter after December 31, |
8 | 2025December 31, 2026. |
9 | SECTION 15. All sections of this article shall take effect upon passage, except Section 1 |
10 | and Section 2, which shall take effect on January 1, 2026. |
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1 | ARTICLE 7 |
2 | RELATING TO EDUCATION |
3 | SECTION 1. Section 16-7.2-3 and 16-7.2-5 of the General Laws in Chapter 16-7.2 entitled |
4 | "The Education Equity and Property Tax Relief Act" are hereby amended to read as follows: |
5 | 16-7.2-3. Permanent foundation education aid established. |
6 | (a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall |
7 | take effect. The foundation education aid for each district shall be the sum of the core instruction |
8 | amount in subsection (a)(1) of this section and the amount to support high-need students in |
9 | subsection (a)(2) of this section, which shall be multiplied by the district state-share ratio calculated |
10 | pursuant to § 16-7.2-4 to determine the foundation aid. |
11 | (1) The core instruction amount shall be an amount equal to a statewide, per-pupil core |
12 | instruction amount as established by the department of elementary and secondary education, |
13 | derived from the average of northeast regional expenditure data for the states of Rhode Island, |
14 | Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics |
15 | (NCES) that will adequately fund the student instructional needs as described in the basic education |
16 | program and multiplied by the district average daily membership as defined in § 16-7-22. |
17 | Expenditure data in the following categories: instruction and support services for students, |
18 | instruction, general administration, school administration, and other support services from the |
19 | National Public Education Financial Survey, as published by NCES, and enrollment data from the |
20 | Common Core of Data, also published by NCES, will be used when determining the core |
21 | instruction amount. The core instruction amount will be updated annually. For the purpose of |
22 | calculating this formula, school districts’ resident average daily membership shall exclude charter |
23 | school and state-operated school students. |
24 | (2) The amount to support high-need students beyond the core instruction amount shall be |
25 | determined by: |
26 | (i) Multiplying a student success factor of forty percent (40%) by the core instruction per- |
27 | pupil amount described in subsection (a)(1) of this section and applying that amount for each |
28 | resident child whose family income is at or below one hundred eighty-five percent (185%) of |
29 | federal poverty guidelines, hereinafter referred to as “poverty status.” By October 1, 2022, as part |
30 | of its budget submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the |
31 | department of elementary and secondary education shall develop and utilize a poverty measure that |
32 | in the department’s assessment most accurately serves as a proxy for the poverty status referenced |
33 | in this subsection and does not rely on the administration of school nutrition programs. The |
34 | department shall utilize this measure in calculations pursuant to this subsection related to the |
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1 | application of the student success factor, in calculations pursuant to § 16-7.2-4 related to the |
2 | calculation of the state share ratio, and in the formulation of estimates pursuant to subsection (b) |
3 | below. The department may also include any recommendations which seek to mitigate any |
4 | disruptions associated with the implementation of this new poverty measure or improve the |
5 | accuracy of its calculation. Beginning with the FY 2024 calculation, students whose family income |
6 | is at or below one hundred eighty-five percent (185%) of federal poverty guidelines will be |
7 | determined by participation in the supplemental nutrition assistance program (SNAP). The number |
8 | of students directly certified through the department of human services shall be multiplied by a |
9 | factor of 1.6. Beginning with the FY 2026 calculation, three percent (3%) shall be added to the |
10 | student success factor for those districts with poverty status at or above sixty percent as determined |
11 | in § 16-7.2-4(a); and |
12 | (ii) Multiplying a multilingual learner (MLL) factor of twenty percent (20%) by the core |
13 | instruction per-pupil amount described in subsection (a)(1) of this section, applying that amount |
14 | for each resident child identified in the three lowest proficiency categories using widely adopted, |
15 | independent standards and assessments in accordance with subsection (f)(1) of this section and as |
16 | identified by the commissioner and defined by regulations of the council on elementary and |
17 | secondary education. Local education agencies shall report annually to the department of |
18 | elementary and secondary education by September 1, outlining the planned and prior year use of |
19 | all funding pursuant to this subsection to provide services to MLL students in accordance with |
20 | requirements set forth by the commissioner of elementary and secondary education. The |
21 | department shall review the use of funds to ensure consistency with established best practices. |
22 | (b) The department of elementary and secondary education shall provide an estimate of the |
23 | foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate |
24 | shall include the most recent data available as well as an adjustment for average daily membership |
25 | growth or decline based on the prior year experience. |
26 | (c) In addition, the department shall report updated figures based on the average daily |
27 | membership as of October 1 by December 1. |
28 | (d) Local education agencies may set aside a portion of funds received under subsection |
29 | (a) to expand learning opportunities such as after school and summer programs, full-day |
30 | kindergarten and/or multiple pathway programs, provided that the basic education program and all |
31 | other approved programs required in law are funded. |
32 | (e) The department of elementary and secondary education shall promulgate such |
33 | regulations as are necessary to implement fully the purposes of this chapter. |
34 | (f)(1) By October 1, 2023, as part of its budget submission pursuant to § 35-3-4 relative to |
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1 | state fiscal year 2025, the department of elementary and secondary education shall evaluate the |
2 | number of students by district who qualify as multilingual learner (MLL) students and MLL |
3 | students whose family income is at or below one hundred eighty-five percent (185%) of federal |
4 | poverty guidelines. The submission shall also include segmentation of these populations by levels |
5 | as dictated by the WIDA multilingual learner assessment tool used as an objective benchmark for |
6 | English proficiency. The department shall also prepare and produce expense data sourced from the |
7 | uniform chart of accounts to recommend funding levels required to support students at the various |
8 | levels of proficiency as determined by the WIDA assessment tool. Utilizing this information, the |
9 | department shall recommend a funding solution to meet the needs of multilingual learners; this may |
10 | include but not be limited to inclusion of MLL needs within the core foundation formula amount |
11 | through one or multiple weights to distinguish different students of need or through categorical |
12 | means. |
13 | (2) By October 1, 2024, as part of its budget submission pursuant to § 35-3-4 relative to |
14 | state fiscal year 2026, the department of elementary and secondary education shall develop |
15 | alternatives to identify students whose family income is at or below one hundred eighty-five percent |
16 | (185%) of federal poverty guidelines through participation in state-administered programs, |
17 | including, but not limited to, the supplemental nutrition assistance program (SNAP), and RIteCare |
18 | and other programs that include the collection of required supporting documentation. The |
19 | department may also include any recommendations that seek to mitigate any disruptions associated |
20 | with implementation of this new poverty measure or improve the accuracy of its calculation. |
21 | (3) The department shall also report with its annual budget request information regarding |
22 | local contributions to education aid and compliance with §§ 16-7-23 and 16-7-24. The report shall |
23 | also compare these local contributions to state foundation education aid by community. The |
24 | department shall also report compliance to each city or town school committee and city or town |
25 | council. |
26 | 16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical |
27 | High School, and the Metropolitan Regional Career and Technical Center. |
28 | (a) Charter public schools, as defined in chapter 77 of this title, the William M. Davies, Jr. |
29 | Career and Technical High School (Davies), and the Metropolitan Regional Career and Technical |
30 | Center (the Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual enrollment |
31 | data for any charter public school shows a ten percent (10%) or greater change from the prior year |
32 | enrollment that is used as the reference year average daily membership, the last six (6) monthly |
33 | payments to the charter public school will be adjusted to reflect actual enrollment. The state share |
34 | of the permanent foundation education aid shall be paid by the state directly to the charter public |
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1 | schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall be calculated using the state- |
2 | share ratio of the district of residence of the student as set forth in § 16-7.2-4. The department of |
3 | elementary and secondary education shall provide the general assembly with the calculation of the |
4 | state share of permanent foundation education aid for charter public schools delineated by school |
5 | district. |
6 | (b) The local share of education funding shall be paid to the charter public school, Davies, |
7 | and the Met Center by the district of residence of the student and shall be the local, per-pupil cost |
8 | calculated by dividing the local appropriation to education from property taxes, net of debt service, |
9 | and capital projects, as defined in the uniform chart of accounts by the average daily membership |
10 | for each city and town, pursuant to § 16-7-22, for the reference year. |
11 | (c) Beginning in FY 2017, there shall be a reduction to the local per-pupil funding paid by |
12 | the district of residence to charter public schools, Davies, and the Met Center. This reduction shall |
13 | be equal to the greater (i) Of seven percent (7%) of the local, per-pupil funding of the district of |
14 | residence pursuant to subsection (b) or (ii) The per-pupil value of the district’s costs for non-public |
15 | textbooks, transportation for non-public students, retiree health benefits, out-of-district special- |
16 | education tuition and transportation, services for students age eighteen (18) to twenty-one (21) |
17 | years old, pre-school screening and intervention, and career and technical education, tuition and |
18 | transportation costs, debt service and rental costs minus the average expenses incurred by charter |
19 | schools for those same categories of expenses as reported in the uniform chart of accounts for the |
20 | prior preceding fiscal year pursuant to § 16-7-16(11) and verified by the department of elementary |
21 | and secondary education. In the case where audited financials result in a change in the calculation |
22 | after the first tuition payment is made, the remaining payments shall be based on the most recent |
23 | audited data. For those districts whose greater reduction occurs under the calculation of (ii), there |
24 | shall be an additional reduction to payments to mayoral academies with teachers who do not |
25 | participate in the state teacher’s retirement system under chapter 8 of title 36 equal to the per-pupil |
26 | value of teacher retirement costs attributable to unfunded liability as calculated by the state’s |
27 | actuary for the prior preceding fiscal year. Notwithstanding the foregoing, beginning with FY 2026, |
28 | the reduction to the local per-pupil funding shall not exceed fourteen percent (14%). |
29 | (d) Local district payments to charter public schools, Davies, and the Met Center for each |
30 | district’s students enrolled in these schools shall be made on a quarterly basis in July, October, |
31 | January, and April; however, the first local-district payment shall be made by August 15, instead |
32 | of July. Failure of the community to make the local-district payment for its student(s) enrolled in a |
33 | charter public school, Davies, and/or the Met Center may result in the withholding of state |
34 | education aid pursuant to § 16-7-31. |
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1 | (e) Beginning in FY 2017, school districts with charter public school, Davies, and the Met |
2 | Center enrollment, that, combined, comprise five percent (5%) or more of the average daily |
3 | membership as defined in § 16-7-22, shall receive additional aid for a period of three (3) years. Aid |
4 | in FY 2017 shall be equal to the number of charter public school, open-enrollment schools, Davies, |
5 | or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount |
6 | of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to the number of charter |
7 | public school, open-enrollment schools, Davies, or the Met Center students as of the reference year |
8 | as defined in § 16-7-16 times a per-pupil amount of one hundred dollars ($100). Aid in FY 2019 |
9 | shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met |
10 | Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of fifty |
11 | dollars ($50.00). The additional aid shall be used to offset the adjusted fixed costs retained by the |
12 | districts of residence. |
13 | (f) [Deleted by P.L. 2023, ch. 79, art. 8, § 2.] |
14 | SECTION 2. Section 16-77.4-1 of the General Laws in Chapter 16-77.4 entitled " Mayoral |
15 | Academies " is hereby amended to read as follows: |
16 | 16-77.4-1. Entities eligible to apply to become, or for the expansion of, a mayoral |
17 | academy. |
18 | (a) A “mayoral academy” means a charter school created by a mayor of any city or town |
19 | within the State of Rhode Island, acting by, or through, a nonprofit organization established for |
20 | said purpose (regardless of the time said nonprofit organization is in existence), that enrolls students |
21 | from more than one city or town, including both urban and non-urban communities, and that offers |
22 | an equal number of enrollments to students on a lottery basis; provided, further, that such mayoral |
23 | academies shall have a founding board of trustees or directors that is comprised of representatives |
24 | from each included city or town and is chaired by a mayor of an included city or town. The mayor |
25 | from each city or town, or in the absence of a mayor, the city or town council via a resolution or |
26 | ordinance, shall approve the participation in the mayoral academy’s catchment area for a proposed |
27 | charter or an amendment to a charter for expansion. Upon completion of a first charter term and an |
28 | approved renewal, any member may be elected by the board to be the chair. For purposes of this |
29 | chapter, the term “mayor” shall include any elected town administrator. |
30 | (b) No child shall be required to attend a mayoral academy, nor shall any teacher be |
31 | required to teach in a mayoral academy. The school committee of the district in which a mayoral |
32 | academy is located shall make accommodations to facilitate the transfer of students who do not |
33 | wish to participate in a mayoral academy into other public schools. It shall also make |
34 | accommodations for those students who wish to transfer into the mayoral academy as space |
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1 | permits. If the total number of students who are eligible to attend and apply to a mayoral academy |
2 | is greater than the number of spaces available, the mayoral academy shall conduct a lottery to |
3 | determine which students shall be admitted. |
4 | SECTION 3. This article shall take effect upon passage. |
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1 | ARTICLE 8 |
2 | RELATING TO MEDICAL ASSISTANCE |
3 | SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled |
4 | “Licensing of Health Care Facilities” is hereby amended to read as follows: |
5 | § 23-17-38.1. Hospitals — Licensing fee. |
6 | (a) There is imposed a hospital licensing fee for state fiscal year 2023 against each |
7 | hospital in the state. The hospital licensing fee is equal to five and forty-two hundredths percent |
8 | (5.42%) of the net patient-services revenue of every hospital for the hospital’s first fiscal year |
9 | ending on or after January 1, 2021, except that the license fee for all hospitals located in |
10 | Washington County, Rhode Island shall be discounted by thirty-seven percent (37%). The |
11 | discount for Washington County hospitals is subject to approval by the Secretary of the U.S. |
12 | Department of Health and Human Services of a state plan amendment submitted by the executive |
13 | office of health and human services for the purpose of pursuing a waiver of the uniformity |
14 | requirement for the hospital license fee. This licensing fee shall be administered and collected by |
15 | the tax administrator, division of taxation within the department of revenue, and all the |
16 | administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every |
17 | hospital shall pay the licensing fee to the tax administrator on or before June 30, 2023, and |
18 | payments shall be made by electronic transfer of monies to the general treasurer and deposited to |
19 | the general fund. Every hospital shall, on or before May 25, 2023, make a return to the tax |
20 | administrator containing the correct computation of net patient-services revenue for the hospital |
21 | fiscal year ending September 30, 2021, and the licensing fee due upon that amount. All returns |
22 | shall be signed by the hospital’s authorized representative, subject to the pains and penalties of |
23 | perjury. |
24 | (b)(a) There is also imposed a hospital licensing fee described in subsections (c) through |
25 | (f) for state fiscal years 2024 and 2025 against net patient-services revenue of every non- |
26 | government owned hospital as defined herein for the hospital’s first fiscal year ending on or after |
27 | January 1, 2022. The hospital licensing fee shall have three (3) tiers with differing fees based on |
28 | inpatient and outpatient net patient-services revenue. The executive office of health and human |
29 | services, in consultation with the tax administrator, shall identify the hospitals in each tier, subject |
30 | to the definitions in this section, by July 15, 2023, and shall notify each hospital of its tier by |
31 | August 1, 2023. |
32 | (b) There is also imposed a hospital licensing fee described in subsections (c) through (f) |
33 | for state fiscal year 2026 against net patient-services revenue of every non-government owned |
34 | hospital as defined herein for the hospital’s first fiscal year ending on or after January 1, 2023. |
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1 | The hospital licensing fee shall have three (3) tiers with differing fees based on inpatient and |
2 | outpatient net patient-services revenue. The executive office of health and human services, in |
3 | consultation with the tax administrator, shall identify the hospitals in each tier, subject to the |
4 | definitions in this section, by July 15, 2025, and shall notify each hospital of its assigned tier by |
5 | August 1, 2025. |
6 | (c) Tier 1 is composed of hospitals that do not meet the description of either Tier 2 or |
7 | Tier 3. |
8 | (1) The inpatient hospital licensing fee for Tier 1 is equal to thirteen and twelve |
9 | hundredths percent (13.12%) of the inpatient net patient-services revenue derived from inpatient |
10 | net patient-services revenue of every Tier 1 hospital. |
11 | (2) The outpatient hospital licensing fee for Tier 1 is equal to thirteen and thirty |
12 | hundredths percent (13.30%) of the net patient-services revenue derived from outpatient net |
13 | patient-services revenue of every Tier 1 hospital. |
14 | (d) Tier 2 is composed of high Medicaid/uninsured cost hospitals and independent |
15 | hospitals. |
16 | (1) The inpatient hospital licensing fee for Tier 2 is equal to two and sixty-three |
17 | hundredths percent (2.63%) of the inpatient net patient-services revenue derived from inpatient |
18 | net patient-services revenue of every Tier 2 hospital. |
19 | (2) The outpatient hospital licensing fee for Tier 2 is equal to two and sixty-six |
20 | hundredths percent (2.66%) of the outpatient net patient-services revenue derived from outpatient |
21 | net patient-services revenue of every Tier 2 hospital. |
22 | (e) Tier 3 is composed of hospitals that are Medicare-designated low-volume hospitals |
23 | and rehabilitative hospitals. |
24 | (1) The inpatient hospital licensing fee for Tier 3 is equal to one and thirty-one |
25 | hundredths percent (1.31%) of the inpatient net patient-services revenue derived from inpatient |
26 | net patient-services revenue of every Tier 3 hospital. |
27 | (2) The outpatient hospital licensing fee for Tier 3 is equal to one and thirty-three |
28 | hundredths percent (1.33%) of the outpatient net patient-services revenue derived from outpatient |
29 | net patient-services revenue of every Tier 3 hospital. |
30 | (f) There is also imposed a hospital licensing fee for state fiscal year 2024 against state- |
31 | government owned and operated hospitals in the state as defined herein. The hospital licensing |
32 | fee is equal to five and twenty-five hundredths percent (5.25%) of the net patient-services |
33 | revenue of every hospital for the hospital’s first fiscal year ending on or after January 1, 2022. |
34 | There is also imposed a hospital licensing fee for state fiscal years 2025 and 2026 against state- |
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1 | government owned and operated hospitals in the state as defined herein equal to five and twenty- |
2 | five hundredths percent (5.25%) of the net patient-services revenue of every hospital for the |
3 | hospital’s first fiscal year ending on or after January 1, 2023. |
4 | (g) The hospital licensing fee described in subsections (b) through (f) is subject to U.S. |
5 | Department of Health and Human Services approval of a request to waive the requirement that |
6 | healthcare-related taxes be imposed uniformly as contained in 42 C.F.R. § 433.68(d). |
7 | (h) This hospital licensing fee shall be administered and collected by the tax |
8 | administrator, division of taxation within the department of revenue, and all the administration, |
9 | collection, and other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the |
10 | licensing fee to the tax administrator before June 30 June 25 of each fiscal year, and payments |
11 | shall be made by electronic transfer of monies to the tax administrator and deposited to the |
12 | general fund. Every hospital shall, on or before August 1, 2023 of each fiscal year, make a return |
13 | to the tax administrator containing the correct computation of inpatient and outpatient net patient- |
14 | services revenue for the hospital fiscal year ending in 2022 data referenced in subsection (a) and |
15 | or (b), and the licensing fee due upon that amount. All returns shall be signed by the hospital’s |
16 | authorized representative, subject to the pains and penalties of perjury. |
17 | (i) For purposes of this section the following words and phrases have the following |
18 | meanings: |
19 | (1) “Gross patient-services revenue” means the gross revenue related to patient care |
20 | services. |
21 | (2) “High Medicaid/uninsured cost hospital” means a hospital for which the hospital’s |
22 | total uncompensated care, as calculated pursuant to § 40-8.3-2(4), divided by the hospital’s total |
23 | net patient-services revenues, is equal to six percent (6.0%) or greater. |
24 | (3) “Hospital” means the actual facilities and buildings in existence in Rhode Island, |
25 | licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on |
26 | that license, regardless of changes in licensure status pursuant to chapter 17.14 of this title |
27 | (hospital conversions) and § 23-17-6(b) (change in effective control), that provides short-term |
28 | acute inpatient and/or outpatient care to persons who require definitive diagnosis and treatment |
29 | for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the |
30 | negotiated Medicaid managed care payment rates for a court-approved purchaser that acquires a |
31 | hospital through receivership, special mastership, or other similar state insolvency proceedings |
32 | (which court-approved purchaser is issued a hospital license after January 1, 2013) shall be based |
33 | upon the newly negotiated rates between the court-approved purchaser and the health plan, and |
34 | such rates shall be effective as of the date that the court-approved purchaser and the health plan |
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1 | execute the initial agreement containing the newly negotiated rate. The rate-setting methodology |
2 | for inpatient hospital payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and |
3 | 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases for each annual |
4 | twelve-month (12) period as of July 1 following the completion of the first full year of the court- |
5 | approved purchaser’s initial Medicaid managed care contract. |
6 | (4) “Independent hospitals” means a hospital not part of a multi-hospital system. |
7 | (5) “Inpatient net patient-services revenue” means the charges related to inpatient care |
8 | services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual |
9 | allowances. |
10 | (6) “Medicare-designated low-volume hospital” means a hospital that qualifies under 42 |
11 | C.F.R. 412.101(b)(2) for additional Medicare payments to qualifying hospitals for the higher |
12 | incremental costs associated with a low volume of discharges. |
13 | (7) “Net patient-services revenue” means the charges related to patient care services less |
14 | (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances. |
15 | (8) “Non-government owned hospitals” means a hospital not owned and operated by the |
16 | state of Rhode Island. |
17 | (9) “Outpatient net patient-services revenue” means the charges related to outpatient care |
18 | services less (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual |
19 | allowances. |
20 | (10) “Rehabilitative hospital” means Rehabilitation Hospital Center licensed by the |
21 | Rhode Island department of health. |
22 | (11) “State-government owned and operated hospitals” means a hospital facility licensed |
23 | by the Rhode Island department of health, owned and operated by the state of Rhode Island. |
24 | (j) The tax administrator in consultation with the executive office of health and human |
25 | services shall make and promulgate any rules, regulations, and procedures not inconsistent with |
26 | state law and fiscal procedures that he or she deems necessary for the proper administration of |
27 | this section and to carry out the provisions, policy, and purposes of this section. |
28 | (k) The licensing fee imposed by subsections (a) through (f) shall apply to hospitals as |
29 | defined herein that are duly licensed on July 1, 20224, and shall be in addition to the inspection |
30 | fee imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this |
31 | section. |
32 | (l) The licensing fees imposed by subsections (b) through (f) shall apply to hospitals as |
33 | defined herein that are duly licensed on July 1, 2023, and shall be in addition to the inspection fee |
34 | imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this |
| LC000670 - Page 192 of 270 |
1 | section. |
2 | SECTION 2. Section 40-6-9.1 of the General Laws in Chapter 40-6 entitled "Public |
3 | Assistance Act" is hereby amended to read as follows: |
4 | § 40-6-9.1. Data matching — Healthcare coverages. |
5 | (a) For purposes of this section, the term “medical assistance program” shall mean |
6 | medical assistance provided in whole or in part by the department of human services executive |
7 | office of health and human services pursuant to chapters 5.1, 8, 8.4 of this title, 12.3 of title 42 |
8 | and/or Title XIX or XXI of the federal Social Security Act, as amended, 42 U.S.C. § 1396 et seq. |
9 | and 42 U.S.C. § 1397aa et seq., respectively. Any references to the department office shall be to |
10 | the department of human services executive office of health and human services. |
11 | (b) In furtherance of the assignment of rights to medical support to the department of |
12 | human services executive office of health and human services under § 40-6-9(b), (c), (d), and (e), |
13 | and in order to determine the availability of other sources of healthcare insurance or coverage for |
14 | beneficiaries of the medical assistance program, and to determine potential third-party liability for |
15 | medical assistance paid out by the department office, all health insurers, health-maintenance |
16 | organizations, including managed care organizations, and third-party administrators, self-insured |
17 | plans, pharmacy benefit managers (PBM), and other parties that are by statute, contract, or |
18 | agreement, legally responsible for payment of a claim for a healthcare item of service doing |
19 | business in the state of Rhode Island shall permit and participate in data matching with the |
20 | department of human services executive office of health and human services, as provided in this |
21 | section, to assist the department office to identify medical assistance program applicants, |
22 | beneficiaries, and/or persons responsible for providing medical support for applicants and |
23 | beneficiaries who may also have healthcare insurance or coverage in addition to that provided, or |
24 | to be provided, by the medical assistance program and to determine any third-party liability in |
25 | accordance with this section. |
26 | The department office shall take all reasonable measures to determine the legal liability |
27 | of all third parties (including health insurers, self-insured plans, group health plans (as defined in |
28 | § 607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. § 1167(1)]), |
29 | service benefit plans, health-maintenance organizations, managed care organizations, pharmacy |
30 | benefit managers, or other parties that are, by statute, contract, or agreement, legally responsible |
31 | for payment of a claim for a healthcare item or service), to pay for care and services on behalf of |
32 | a medical assistance recipient, including collecting sufficient information to enable the |
33 | department office to pursue claims against such third parties. |
34 | In any case where such a legal liability is found to exist and medical assistance has been |
| LC000670 - Page 193 of 270 |
1 | made available on behalf of the individual (beneficiary), the department office shall seek |
2 | reimbursement for the assistance to the extent of the legal liability and in accordance with the |
3 | assignment described in § 40-6-9. |
4 | To the extent that payment has been made by the department office for medical assistance |
5 | to a beneficiary in any case where a third party has a legal liability to make payment for the |
6 | assistance, and to the extent that payment has been made by the department office for medical |
7 | assistance for healthcare items or services furnished to an individual, the department office (state) |
8 | is considered to have acquired the rights of the individual to payment by any other party for the |
9 | healthcare items or services in accordance with § 40-6-9. |
10 | Any health insurer (including a group health plan, as defined in § 607(1) of the |
11 | Employee Retirement Income Security Act of 1974 [29 U.S.C. § 1167(1)], a self-insured plan, a |
12 | service-benefit plan, a managed care organization, a pharmacy benefit manager, or other party |
13 | that is, by statute, contract, or agreement, legally responsible for payment of a claim for a |
14 | healthcare item or service), in enrolling an individual, or in making any payments for benefits to |
15 | the individual or on the individual’s behalf, is prohibited from taking into account that the |
16 | individual is eligible for, or is provided, medical assistance under a plan under 42 U.S.C. § 1396 |
17 | et seq. for this state, or any other state. |
18 | (c) All health insurers or liable third parties, including, but not limited to, health- |
19 | maintenance organizations, third-party administrators, nonprofit medical-service corporations, |
20 | nonprofit hospital-service corporations, subject to the provisions of chapters 18, 19, 20, and 41 of |
21 | title 27, as well as, self-insured plans, group health plans (as defined in § 607(1) of the Employee |
22 | Retirement Income Security Act of 1974 [29 U.S.C. § 1167(1)]), service-benefit plans, managed |
23 | care organizations, pharmacy benefit managers, or other parties that are, by statute, contract, or |
24 | agreement, legally responsible for payment of a claim for a healthcare item or service) doing |
25 | business in this state shall: |
26 | (1) Provide member information within fourteen (14) calendar days of the request to the |
27 | department office to enable the medical assistance program to identify medical assistance |
28 | program recipients, applicants and/or persons responsible for providing medical support for those |
29 | recipients and applicants who are, or could be, enrollees or beneficiaries under any individual or |
30 | group health insurance contract, plan, or policy available or in force and effect in the state; |
31 | (2) With respect to individuals who are eligible for, or are provided, medical assistance |
32 | by the department office, upon the request of the department office, provide member information |
33 | within fourteen (14) calendar days of the request to determine during what period the individual |
34 | or his or her spouse or dependents may be (or may have been) covered by a health insurer and the |
| LC000670 - Page 194 of 270 |
1 | nature of the coverage that is, or was provided by the health insurer (including the name, address, |
2 | and identifying number of the plan); |
3 | (3) Accept the state’s right of recovery and the assignment to the state of any right of an |
4 | individual or other entity to payment from the party for an item or service for which payment has |
5 | been made by the department office; |
6 | (4) Respond to any inquiry by the department office regarding a claim for payment for |
7 | any healthcare item or service that is submitted not later than three (3) years after the date of the |
8 | provision of the healthcare item or service; and |
9 | (5) Agree not to deny a claim submitted by the state based solely on procedural reasons, |
10 | such as on the basis of the date of submission of the claim, the type or format of the claim form, |
11 | failure to obtain a prior authorization, or a failure to present proper documentation at the point-of- |
12 | sale that is the basis of the claim, if— |
13 | (i) The claim is submitted by the state within the three-year (3) period beginning on the |
14 | date on which the item or service was furnished; and |
15 | (ii) Any action by the state to enforce its rights with respect to the claim is commenced |
16 | within six (6) years of the state’s submission of such claim. |
17 | (6) Agree to respond to any inquiry regarding claims within sixty (60) business days after |
18 | receipt of the written documentation by the Medicaid recipient. |
19 | (7) Agree to not deny a claim for failure to obtain prior authorization for an item or |
20 | service. In the case of a responsible third party that requires prior authorization for an item or |
21 | service furnished to an individual eligible to receive medical assistance under the state Medicaid |
22 | program, the third-party health insurer shall accept authorization provided by state medical |
23 | assistance program that the item or service is covered by Medicaid as if that authorization is a |
24 | prior authorization made by the third-party health insurer for the item or service. |
25 | (d) This information shall be made available by these insurers and health-maintenance |
26 | organizations and used by the department of human services executive office of health and human |
27 | services only for the purposes of, and to the extent necessary for, identifying these persons, |
28 | determining the scope and terms of coverage, and ascertaining third-party liability. The |
29 | department of human services executive office of health and human services shall provide |
30 | information to the health insurers, including health insurers, self-insured plans, group health plans |
31 | (as defined in § 607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. § |
32 | 1167(1)]), service-benefit plans, managed care organizations, pharmacy benefit managers, or |
33 | other parties that are, by statute, contract, or agreement, legally responsible for payment of a |
34 | claim for a healthcare item or service) only for the purposes described herein. |
| LC000670 - Page 195 of 270 |
1 | (e) No health insurer, health-maintenance organization, or third-party administrator that |
2 | provides, or makes arrangements to provide, information pursuant to this section shall be liable in |
3 | any civil or criminal action or proceeding brought by beneficiaries or members on account of this |
4 | action for the purposes of violating confidentiality obligations under the law. |
5 | (f) The department office shall submit any appropriate and necessary state plan |
6 | provisions. |
7 | (g) The department of human services executive office of health and human services is |
8 | authorized and directed to promulgate regulations necessary to ensure the effectiveness of this |
9 | section. |
10 | SECTION 3. Section 40-8-13.4 of the General Laws in Chapter 40-8 entitled “Medical |
11 | Assistance” is hereby amended to read as follows: |
12 | § 40-8-13.4. Rate methodology for payment for in-state and out-of-state hospital |
13 | services. |
14 | (a) The executive office of health and human services (“executive office”) shall |
15 | implement a new methodology for payment for in-state and out-of-state hospital services in order |
16 | to ensure access to, and the provision of, high-quality and cost-effective hospital care to its |
17 | eligible recipients. |
18 | (b) In order to improve efficiency and cost-effectiveness, the executive office shall: |
19 | (1)(i) With respect to inpatient services for persons in fee-for-service Medicaid, which is |
20 | non-managed care, implement a new payment methodology for inpatient services utilizing the |
21 | Diagnosis Related Groups (DRG) method of payment, which is, a patient-classification method |
22 | that provides a means of relating payment to the hospitals to the type of patients cared for by the |
23 | hospitals. It is understood that a payment method based on DRG may include cost outlier |
24 | payments and other specific exceptions. The executive office will review the DRG-payment |
25 | method and the DRG base price annually, making adjustments as appropriate in consideration of |
26 | such elements as trends in hospital input costs; patterns in hospital coding; beneficiary access to |
27 | care; and the Centers for Medicare and Medicaid Services national CMS Prospective Payment |
28 | System (IPPS) Hospital Input Price Index. For the twelve-month (12) period beginning July 1, |
29 | 2015, the DRG base rate for Medicaid fee-for-service inpatient hospital services shall not exceed |
30 | ninety-seven and one-half percent (97.5%) of the payment rates in effect as of July 1, 2014. |
31 | Beginning July 1, 2019, the DRG base rate for Medicaid fee-for-service inpatient hospital |
32 | services shall be 107.2% of the payment rates in effect as of July 1, 2018. Increases in the |
33 | Medicaid fee-for-service DRG hospital payments for the twelve-month (12) period beginning |
34 | July 1, 2020, shall be based on the payment rates in effect as of July 1 of the preceding fiscal |
| LC000670 - Page 196 of 270 |
1 | year, and shall be the Centers for Medicare and Medicaid Services national Prospective Payment |
2 | System (IPPS) Hospital Input Price Index. Beginning July 1, 2022, the DRG base rate for |
3 | Medicaid fee-for-service inpatient hospital services shall be one hundred five percent (105%) of |
4 | the payment rates in effect as of July 1, 2021. For the twelve-month period beginning July 1, |
5 | 2025, the DRG base rate for Medicaid fee-for-service inpatient hospital services shall be one |
6 | hundred two and three-tenths percent (102.3%) of the payment rates in effect as of July 1, 2024. |
7 | Thereafter, Iincreases in the Medicaid fee-for-service DRG hospital payments for each annual |
8 | twelve-month (12) period beginning July 1, 20236, shall be based on the payment rates in effect |
9 | as of July 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid |
10 | Services national Prospective Payment System (IPPS) Hospital Input Price Index., |
11 | (ii) With respect to inpatient services, (A) It is required as of January 1, 2011, until |
12 | December 31, 2011, that the Medicaid managed care payment rates between each hospital and |
13 | health plan shall not exceed ninety and one-tenth percent (90.1%) of the rate in effect as of June |
14 | 30, 2010. Increases in inpatient hospital payments for each annual twelve-month (12) period |
15 | beginning January 1, 2012, may not exceed the Centers for Medicare and Medicaid Services |
16 | national CMS Prospective Payment System (IPPS) Hospital Input Price Index for the applicable |
17 | period; (B) Provided, however, for the twenty-four-month (24) period beginning July 1, 2013, the |
18 | Medicaid managed care payment rates between each hospital and health plan shall not exceed the |
19 | payment rates in effect as of January 1, 2013, and for the twelve-month (12) period beginning |
20 | July 1, 2015, the Medicaid managed care payment inpatient rates between each hospital and |
21 | health plan shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in |
22 | effect as of January 1, 2013; (C) Increases in inpatient hospital payments for each annual twelve- |
23 | month (12) period beginning July 1, 2017, shall be the Centers for Medicare and Medicaid |
24 | Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index, less |
25 | Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively |
26 | to July 1; (D) Beginning July 1, 2019, the Medicaid managed care payment inpatient rates |
27 | between each hospital and health plan shall be 107.2% of the payment rates in effect as of |
28 | January 1, 2019, and shall be paid to each hospital retroactively to July 1; (E) Increases in |
29 | inpatient hospital payments for each annual twelve-month (12) period beginning July 1, 2020, |
30 | shall be based on the payment rates in effect as of January 1 of the preceding fiscal year, and shall |
31 | be the Centers for Medicare and Medicaid Services national CMS Prospective Payment System |
32 | (IPPS) Hospital Input Price Index, less Productivity Adjustment, for the applicable period and |
33 | shall be paid to each hospital retroactively to July 1; the executive office will develop an audit |
34 | methodology and process to assure that savings associated with the payment reductions will |
| LC000670 - Page 197 of 270 |
1 | accrue directly to the Rhode Island Medicaid program through reduced managed care plan |
2 | payments and shall not be retained by the managed care plans; (F) Beginning July 1, 2022, the |
3 | Medicaid managed care payment inpatient rates between each hospital and health plan shall be |
4 | one hundred five percent (105%) of the payment rates in effect as of January 1, 2022, and shall be |
5 | paid to each hospital retroactively to July 1 within ninety days of passage; (G) For the twelve- |
6 | month period beginning July 1, 2025, the Medicaid managed care payment inpatient rates |
7 | between each hospital and health plan shall be one hundred two and three-tenths percent |
8 | (102.3%) of the payment rates in effect as of January 1, 2024, and shall be paid to each hospital |
9 | retroactively to July 1 within ninety days of passage; (H) Increases in inpatient hospital payments |
10 | for each annual twelve-month (12) period beginning July 1, 20236, shall be based on the payment |
11 | rates in effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare |
12 | and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price |
13 | Index, less Productivity Adjustment, for the applicable period and shall be paid to each hospital |
14 | retroactively to July 1 within ninety days of passage; (HI) All hospitals licensed in Rhode Island |
15 | shall accept such payment rates as payment in full; and (IJ) For all such hospitals, compliance |
16 | with the provisions of this section shall be a condition of participation in the Rhode Island |
17 | Medicaid program. |
18 | (2) With respect to outpatient services and notwithstanding any provisions of the law to |
19 | the contrary, for persons enrolled in fee-for-service Medicaid, the executive office will reimburse |
20 | hospitals for outpatient services using a rate methodology determined by the executive office and |
21 | in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare |
22 | payments for similar services. Notwithstanding the above, there shall be no increase in the |
23 | Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015. |
24 | For the twelve-month (12) period beginning July 1, 2015, Medicaid fee-for-service outpatient |
25 | rates shall not exceed ninety-seven and one-half percent (97.5%) of the rates in effect as of July 1, |
26 | 2014. Increases in the outpatient hospital payments for the twelve-month (12) period beginning |
27 | July 1, 2016, may not exceed the CMS national Outpatient Prospective Payment System (OPPS) |
28 | Hospital Input Price Index. Beginning July 1, 2019, the Medicaid fee-for-service outpatient rates |
29 | shall be 107.2% of the payment rates in effect as of July 1, 2018. Increases in the outpatient |
30 | hospital payments for the twelve-month (12) period beginning July 1, 2020, shall be based on the |
31 | payment rates in effect as of July 1 of the preceding fiscal year, and shall be the CMS national |
32 | Outpatient Prospective Payment System (OPPS) Hospital Input Price Index. Beginning July 1, |
33 | 2022, the Medicaid fee-for-service outpatient rates shall be one hundred five percent (105%) of |
34 | the payment rates in effect as of July 1, 2021. For the twelve-month period beginning July 1, |
| LC000670 - Page 198 of 270 |
1 | 2025, the Medicaid fee-for-service outpatient rates shall be one hundred two and three-tenths |
2 | percent (102.3%) of the payment rates in effect as of July 1, 2024. Increases in the outpatient |
3 | hospital payments for each annual twelve-month (12) period beginning July 1, 20236, shall be |
4 | based on the payment rates in effect as of July 1 of the preceding fiscal year, and shall be the |
5 | CMS national Outpatient Prospective Payment System (OPPS) Hospital Input Price Index. With |
6 | respect to the outpatient rate, (i) It is required as of January 1, 2011, until December 31, 2011, |
7 | that the Medicaid managed care payment rates between each hospital and health plan shall not |
8 | exceed one hundred percent (100%) of the rate in effect as of June 30, 2010; (ii) Increases in |
9 | hospital outpatient payments for each annual twelve-month (12) period beginning January 1, |
10 | 2012, until July 1, 2017, may not exceed the Centers for Medicare and Medicaid Services |
11 | national CMS Outpatient Prospective Payment System OPPS Hospital Price Index for the |
12 | applicable period; (iii) Provided, however, for the twenty-four-month (24) period beginning July |
13 | 1, 2013, the Medicaid managed care outpatient payment rates between each hospital and health |
14 | plan shall not exceed the payment rates in effect as of January 1, 2013, and for the twelve-month |
15 | (12) period beginning July 1, 2015, the Medicaid managed care outpatient payment rates between |
16 | each hospital and health plan shall not exceed ninety-seven and one-half percent (97.5%) of the |
17 | payment rates in effect as of January 1, 2013; (iv) Increases in outpatient hospital payments for |
18 | each annual twelve-month (12) period beginning July 1, 2017, shall be the Centers for Medicare |
19 | and Medicaid Services national CMS OPPS Hospital Input Price Index, less Productivity |
20 | Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1; (v) |
21 | Beginning July 1, 2019, the Medicaid managed care outpatient payment rates between each |
22 | hospital and health plan shall be one hundred seven and two-tenths percent (107.2%) of the |
23 | payment rates in effect as of January 1, 2019, and shall be paid to each hospital retroactively to |
24 | July 1; (vi) Increases in outpatient hospital payments for each annual twelve-month (12) period |
25 | beginning July 1, 2020, shall be based on the payment rates in effect as of January 1 of the |
26 | preceding fiscal year, and shall be the Centers for Medicare and Medicaid Services national CMS |
27 | OPPS Hospital Input Price Index, less Productivity Adjustment, for the applicable period and |
28 | shall be paid to each hospital retroactively to July 1; (vii) Beginning July 1, 2022, the Medicaid |
29 | managed care outpatient payment rates between each hospital and health plan shall be one |
30 | hundred five percent (105%) of the payment rates in effect as of January 1, 2022, and shall be |
31 | paid to each hospital retroactively to July 1 within ninety days of passage; (viii) For the twelve- |
32 | month period beginning July 1, 2025, the Medicaid managed care outpatient payment rates |
33 | between each hospital and health plan shall be one hundred two and three-tenths percent |
34 | (102.3%) of the payment rates in effect as of January 1, 2024, and shall be paid to each hospital |
| LC000670 - Page 199 of 270 |
1 | retroactively to July 1 within ninety days of passage; (ix) Increases in outpatient hospital |
2 | payments for each annual twelve-month (12) period beginning July 1, 20206, shall be based on |
3 | the payment rates in effect as of January 1 of the preceding fiscal year, and shall be the Centers |
4 | for Medicare and Medicaid Services national CMS OPPS Hospital Input Price Index, less |
5 | Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively |
6 | to July 1. |
7 | (3) “Hospital,” as used in this section, shall mean the actual facilities and buildings in |
8 | existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter |
9 | any premises included on that license, regardless of changes in licensure status pursuant to |
10 | chapter 17.14 of title 23 (hospital conversions) and § 23-17-6(b) (change in effective control), |
11 | that provides short-term, acute inpatient and/or outpatient care to persons who require definitive |
12 | diagnosis and treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the |
13 | preceding language, the Medicaid managed care payment rates for a court-approved purchaser |
14 | that acquires a hospital through receivership, special mastership or other similar state insolvency |
15 | proceedings (which court-approved purchaser is issued a hospital license after January 1, 2013), |
16 | shall be based upon the new rates between the court-approved purchaser and the health plan, and |
17 | such rates shall be effective as of the date that the court-approved purchaser and the health plan |
18 | execute the initial agreement containing the new rates. The rate-setting methodology for |
19 | inpatient-hospital payments and outpatient-hospital payments set forth in subsections (b)(1)(ii)(C) |
20 | and (b)(2), respectively, shall thereafter apply to increases for each annual twelve-month (12) |
21 | period as of July 1 following the completion of the first full year of the court-approved |
22 | purchaser’s initial Medicaid managed care contract. |
23 | (c) It is intended that payment utilizing the DRG method shall reward hospitals for |
24 | providing the most efficient care, and provide the executive office the opportunity to conduct |
25 | value-based purchasing of inpatient care. |
26 | (d) The secretary of the executive office is hereby authorized to promulgate such rules |
27 | and regulations consistent with this chapter, and to establish fiscal procedures he or she deems |
28 | necessary, for the proper implementation and administration of this chapter in order to provide |
29 | payment to hospitals using the DRG-payment methodology. Furthermore, amendment of the |
30 | Rhode Island state plan for Medicaid, pursuant to Title XIX of the federal Social Security Act, 42 |
31 | U.S.C. § 1396 et seq., is hereby authorized to provide for payment to hospitals for services |
32 | provided to eligible recipients in accordance with this chapter. |
33 | (e) The executive office shall comply with all public notice requirements necessary to |
34 | implement these rate changes. |
| LC000670 - Page 200 of 270 |
1 | (f) As a condition of participation in the DRG methodology for payment of hospital |
2 | services, every hospital shall submit year-end settlement reports to the executive office within one |
3 | year from the close of a hospital’s fiscal year. Should a participating hospital fail to timely submit |
4 | a year-end settlement report as required by this section, the executive office shall withhold |
5 | financial-cycle payments due by any state agency with respect to this hospital by not more than |
6 | ten percent (10%) until the report is submitted. For hospital fiscal year 2010 and all subsequent |
7 | fiscal years, hospitals will not be required to submit year-end settlement reports on payments for |
8 | outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not |
9 | be required to submit year-end settlement reports on claims for hospital inpatient services. |
10 | Further, for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include |
11 | only those claims received between October 1, 2009, and June 30, 2010. |
12 | (g) The provisions of this section shall be effective upon implementation of the new |
13 | payment methodology set forth in this section and § 40-8-13.3, which shall in any event be no |
14 | later than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15, and |
15 | 27-19-16 shall be repealed in their entirety. |
16 | SECTION 4. Section 40-8-19 of the General Laws in Chapter 40-8 entitled “Medical |
17 | Assistance” is hereby amended to read as follows: |
18 | § 40-8-19. Rates of payment to nursing facilities. |
19 | (a) Rate reform. |
20 | (1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of |
21 | title 23, and certified to participate in Title XIX of the Social Security Act for services rendered to |
22 | Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that must be |
23 | incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. § |
24 | 1396a(a)(13). The executive office of health and human services (“executive office”) shall |
25 | promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1, |
26 | 2011, to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq., |
27 | of the Social Security Act. |
28 | (2) The executive office shall review the current methodology for providing Medicaid |
29 | payments to nursing facilities, including other long-term care services providers, and is |
30 | authorized to modify the principles of reimbursement to replace the current cost-based |
31 | methodology rates with rates based on a price-based methodology to be paid to all facilities with |
32 | recognition of the acuity of patients and the relative Medicaid occupancy, and to include the |
33 | following elements to be developed by the executive office: |
34 | (i) A direct-care rate adjusted for resident acuity; |
| LC000670 - Page 201 of 270 |
1 | (ii) An indirect-care and other direct-care rate comprised of a base per diem for all |
2 | facilities; |
3 | (iii) Revision of rates as necessary based on increases in direct and indirect costs |
4 | beginning October 2024 utilizing data from the most recent finalized year of facility cost report. |
5 | The per diem rate components deferred in subsections (a)(2)(i) and (a)(2)(ii) of this section shall |
6 | be adjusted accordingly to reflect changes in direct and indirect care costs since the previous rate |
7 | review; |
8 | (iv) Application of a fair-rental value system; |
9 | (v) Application of a pass-through system; and |
10 | (vi) Adjustment of rates by the change in a recognized national nursing home inflation |
11 | index to be applied on October 1 of each year, beginning October 1, 2012. This adjustment will |
12 | not occur on October 1, 2013, October 1, 2014, or October 1, 2015, but will occur on April 1, |
13 | 2015. The adjustment of rates will also not occur on October 1, 2017, October 1, 2018, October 1, |
14 | 2019, October 2022 and October 2025. Effective July 1, 2018, rates paid to nursing facilities from |
15 | the rates approved by the Centers for Medicare and Medicaid Services and in effect on October 1, |
16 | 2017, both fee-for-service and managed care, will be increased by one and one-half percent |
17 | (1.5%) and further increased by one percent (1%) on October 1, 2018, and further increased by |
18 | one percent (1%) on October 1, 2019. Effective October 1, 2022, rates paid to nursing facilities |
19 | from the rates approved by the Centers for Medicare and Medicaid Services and in effect on |
20 | October 1, 2021, both fee-for-service and managed care, will be increased by three percent (3%). |
21 | In addition to the annual nursing home inflation index adjustment, there shall be a base rate |
22 | staffing adjustment of one-half percent (0.5%) on October 1, 2021, one percent (1.0%) on |
23 | October 1, 2022, and one and one-half percent (1.5%) on October 1, 2023. For the twelve-month |
24 | period beginning October 1, 2025, rates paid to nursing facilities from the rates approved by the |
25 | Centers for Medicare and Medicaid Services and in effect on October 1, 2024, both fee-for- |
26 | service and managed care, will be increased by two and three-tenths percent (2.3%). The |
27 | inflation index shall be applied without regard for the transition factors in subsections (b)(1) and |
28 | (b)(2). For purposes of October 1, 2016, adjustment only, any rate increase that results from |
29 | application of the inflation index to subsections (a)(2)(i) and (a)(2)(ii) shall be dedicated to |
30 | increase compensation for direct-care workers in the following manner: Not less than 85% of this |
31 | aggregate amount shall be expended to fund an increase in wages, benefits, or related employer |
32 | costs of direct-care staff of nursing homes. For purposes of this section, direct-care staff shall |
33 | include registered nurses (RNs), licensed practical nurses (LPNs), certified nursing assistants |
34 | (CNAs), certified medical technicians, housekeeping staff, laundry staff, dietary staff, or other |
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1 | similar employees providing direct-care services; provided, however, that this definition of direct- |
2 | care staff shall not include: (i) RNs and LPNs who are classified as “exempt employees” under |
3 | the federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.); or (ii) CNAs, certified medical |
4 | technicians, RNs, or LPNs who are contracted, or subcontracted, through a third-party vendor or |
5 | staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary, or designee, a |
6 | certification that they have complied with the provisions of this subsection (a)(2)(vi) with respect |
7 | to the inflation index applied on October 1, 2016. Any facility that does not comply with the |
8 | terms of such certification shall be subjected to a clawback, paid by the nursing facility to the |
9 | state, in the amount of increased reimbursement subject to this provision that was not expended in |
10 | compliance with that certification. |
11 | (3) Commencing on October 1, 2021, eighty percent (80%) of any rate increase that |
12 | results from application of the inflation index to subsections (a)(2)(i) and (a)(2)(ii) of this section |
13 | shall be dedicated to increase compensation for all eligible direct-care workers in the following |
14 | manner on October 1, of each year. |
15 | (i) For purposes of this subsection, compensation increases shall include base salary or |
16 | hourly wage increases, benefits, other compensation, and associated payroll tax increases for |
17 | eligible direct-care workers. This application of the inflation index shall apply for Medicaid |
18 | reimbursement in nursing facilities for both managed care and fee-for-service. For purposes of |
19 | this subsection, direct-care staff shall include the director of nursing services, nurses (RNs/LPNs) |
20 | with administrative duties, registered nurses (RNs), licensed practical nurses (LPNs), certified |
21 | nursing assistants (CNAs), certified medication technicians, nurse aides in training, licensed |
22 | physical therapists, licensed occupational therapists, certified occupational therapy assistants, |
23 | licensed speech-language pathologists, licensed respiratory therapists, mental health workers who |
24 | are also certified nurse assistants, physical therapist assistants, housekeeping staff, laundry staff, |
25 | dietary staff, maintenance staff, social workers and activities director/aides or other similar |
26 | employees providing direct-care services; provided, however that this definition of direct-care |
27 | staff shall not include: |
28 | (A) RNs and LPNs who are classified as “exempt employees” under the federal Fair |
29 | Labor Standards Act (29 U.S.C. § 201 et seq.); or |
30 | (B) CNAs, certified medication technicians, RNs, or LPNs who are contracted or |
31 | subcontracted through a third-party vendor or staffing agency. |
32 | (4)(i) By July 31, 2021, and July 31 of each year thereafter, nursing facilities shall submit |
33 | to the secretary or designee a certification that they have complied with the provisions of |
34 | subsection (a)(3) of this section with respect to the inflation index applied on October 1. The |
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1 | executive office of health and human services (EOHHS) shall create the certification form |
2 | nursing facilities must complete with information on how each individual eligible employee’s |
3 | compensation increased, including information regarding hourly wages prior to the increase and |
4 | after the compensation increase, hours paid after the compensation increase, and associated |
5 | increased payroll taxes. A collective bargaining agreement can be used in lieu of the certification |
6 | form for represented employees. All data reported on the compliance form is subject to review |
7 | and audit by EOHHS. The audits may include field or desk audits, and facilities may be required |
8 | to provide additional supporting documents including, but not limited to, payroll records. |
9 | (ii) Any facility that does not comply with the terms of certification shall be subjected to |
10 | a clawback and twenty-five percent (25%) penalty of the unspent or impermissibly spent funds, |
11 | paid by the nursing facility to the state, in the amount of increased reimbursement subject to this |
12 | provision that was not expended in compliance with that certification. |
13 | (iii) In any calendar year where no inflationary index is applied, eighty percent (80%) of |
14 | the base rate staffing adjustment in that calendar year pursuant to subsection (a)(2)(vi) of this |
15 | section shall be dedicated to increase compensation for all eligible direct-care workers in the |
16 | manner referenced in subsections (a)(3)(i), (a)(3)(i)(A), and (a)(3)(i)(B) of this section. |
17 | (b) Transition to full implementation of rate reform. For no less than four (4) years after |
18 | the initial application of the price-based methodology described in subsection (a)(2) to payment |
19 | rates, the executive office of health and human services shall implement a transition plan to |
20 | moderate the impact of the rate reform on individual nursing facilities. The transition shall |
21 | include the following components: |
22 | (1) No nursing facility shall receive reimbursement for direct-care costs that is less than |
23 | the rate of reimbursement for direct-care costs received under the methodology in effect at the |
24 | time of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct- |
25 | care costs under this provision will be phased out in twenty-five-percent (25%) increments each |
26 | year until October 1, 2021, when the reimbursement will no longer be in effect; and |
27 | (2) No facility shall lose or gain more than five dollars ($5.00) in its total, per diem rate |
28 | the first year of the transition. An adjustment to the per diem loss or gain may be phased out by |
29 | twenty-five percent (25%) each year; except, however, for the years beginning October 1, 2015, |
30 | there shall be no adjustment to the per diem gain or loss, but the phase out shall resume |
31 | thereafter; and |
32 | (3) The transition plan and/or period may be modified upon full implementation of |
33 | facility per diem rate increases for quality of care-related measures. Said modifications shall be |
34 | submitted in a report to the general assembly at least six (6) months prior to implementation. |
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1 | (4) Notwithstanding any law to the contrary, for the twelve-month (12) period beginning |
2 | July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section |
3 | shall not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. Consistent |
4 | with the other provisions of this chapter, nothing in this provision shall require the executive |
5 | office to restore the rates to those in effect on April 1, 2015, at the end of this twelve-month (12) |
6 | period. |
7 | SECTION 5. Sections 40-8.3-2, 40-8.3-3, and 40-8.3-10 of the General Laws in Chapter |
8 | 40-8.3 entitled "Uncompensated Care" are hereby amended to read as follows: |
9 | § 40-8.3-2. Definitions. As used in this chapter: |
10 | (1) “Base year” means, for the purpose of calculating a disproportionate share payment |
11 | for any fiscal year ending after September 30, 2023 2024, the period from October 1, 2021 2022, |
12 | through September 30, 2022 2023, and for any fiscal year ending after September 30, 2024 2025, |
13 | the period from October 1, 2022 2023, through September 30, 2023 2024. |
14 | (2) “Medicaid inpatient utilization rate for a hospital” means a fraction (expressed as a |
15 | percentage), the numerator of which is the hospital’s number of inpatient days during the base |
16 | year attributable to patients who were eligible for medical assistance during the base year and the |
17 | denominator of which is the total number of the hospital’s inpatient days in the base year. |
18 | (3) “Participating hospital” means any nongovernment and nonpsychiatric hospital that: |
19 | (i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base |
20 | year and shall mean the actual facilities and buildings in existence in Rhode Island, licensed |
21 | pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that |
22 | license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital |
23 | conversions) and § 23-17-6(b) (change in effective control), that provides short-term, acute |
24 | inpatient and/or outpatient care to persons who require definitive diagnosis and treatment for |
25 | injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated |
26 | Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital |
27 | through receivership, special mastership, or other similar state insolvency proceedings (which |
28 | court-approved purchaser is issued a hospital license after January 1, 2013), shall be based upon |
29 | the newly negotiated rates between the court-approved purchaser and the health plan, and the |
30 | rates shall be effective as of the date that the court-approved purchaser and the health plan |
31 | execute the initial agreement containing the newly negotiated rate. The rate-setting methodology |
32 | for inpatient hospital payments and outpatient hospital payments set forth in §§ 40-8- |
33 | 13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases |
34 | for each annual twelve-month (12) period as of July 1 following the completion of the first full |
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1 | year of the court-approved purchaser’s initial Medicaid managed care contract; |
2 | (ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%) |
3 | during the base year; and |
4 | (iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during |
5 | the payment year. |
6 | (4) “Uncompensated-care costs” means, as to any hospital, the sum of: (i) The cost |
7 | incurred by the hospital during the base year for inpatient or outpatient services attributable to |
8 | charity care (free care and bad debts) for which the patient has no health insurance or other third- |
9 | party coverage less payments, if any, received directly from such patients; (ii) The cost incurred |
10 | by the hospital during the base year for inpatient or outpatient services attributable to Medicaid |
11 | beneficiaries less any Medicaid reimbursement received therefor; and (iii) the sum of subsections |
12 | (4)(i) and (4)(ii) of this section shall be offset by the estimated hospital’s commercial equivalent |
13 | rates state directed payment for the current SFY in which the disproportionate share hospital |
14 | (DSH) payment is made. The sum of subsections (4)(i), (4)(ii), and (4)(iii) of this section shall be |
15 | multiplied by the uncompensated care index. |
16 | (5) “Uncompensated-care index” means the annual percentage increase for hospitals |
17 | established pursuant to § 27-19-14 [repealed] for each year after the base year, up to and |
18 | including the payment year; provided, however, that the uncompensated-care index for the |
19 | payment year ending September 30, 2007, shall be deemed to be five and thirty-eight hundredths |
20 | percent (5.38%), and that the uncompensated-care index for the payment year ending September |
21 | 30, 2008, shall be deemed to be five and forty-seven hundredths percent (5.47%), and that the |
22 | uncompensated-care index for the payment year ending September 30, 2009, shall be deemed to |
23 | be five and thirty-eight hundredths percent (5.38%), and that the uncompensated-care index for |
24 | the payment years ending September 30, 2010, September 30, 2011, September 30, 2012, |
25 | September 30, 2013, September 30, 2014, September 30, 2015, September 30, 2016, September |
26 | 30, 2017, September 30, 2018, September 30, 2019, September 30, 2020, September 30, 2021, |
27 | September 30, 2022, September 30, 2023, September 30, 2024, and September 30, 2025, and |
28 | September 30, 2026, shall be deemed to be five and thirty hundredths percent (5.30%). |
29 | § 40-8.3-3. Implementation. |
30 | (a) For federal fiscal year 2023, commencing on October 1, 2022, and ending September |
31 | 30, 2023, the executive office of health and human services shall submit to the Secretary of the |
32 | United States Department of Health and Human Services a state plan amendment to the Rhode |
33 | Island Medicaid DSH Plan to provide: |
34 | (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of |
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1 | $159.0 million, shall be allocated by the executive office of health and human services to the Pool |
2 | D component of the DSH Plan; and |
3 | (2) That the Pool D allotment shall be distributed among the participating hospitals in |
4 | direct proportion to the individual participating hospital’s uncompensated-care costs for the base |
5 | year, inflated by the uncompensated-care index to the total uncompensated-care costs for the base |
6 | year inflated by the uncompensated-care index for all participating hospitals. The |
7 | disproportionate share payments shall be made on or before June 15, 2023, and are expressly |
8 | conditioned upon approval on or before June 23, 2023, by the Secretary of the United States |
9 | Department of Health and Human Services, or his or her authorized representative, of all |
10 | Medicaid state plan amendments necessary to secure for the state the benefit of federal financial |
11 | participation in federal fiscal year 2023 for the disproportionate share payments. |
12 | (b)(a) For federal fiscal year 2024, commencing on October 1, 2023, and ending |
13 | September 30, 2024, the executive office of health and human services shall submit to the |
14 | Secretary of the United States Department of Health and Human Services a state plan amendment |
15 | to the Rhode Island Medicaid DSH Plan to provide: |
16 | (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of |
17 | $14.8 million, shall be allocated by the executive office of health and human services to the Pool |
18 | D component of the DSH Plan; and |
19 | (2) That the Pool D allotment shall be distributed among the participating hospitals in |
20 | direct proportion to the individual participating hospital’s uncompensated-care costs for the base |
21 | year, inflated by the uncompensated-care index to the total uncompensated-care costs for the base |
22 | year inflated by the uncompensated-care index for all participating hospitals. The |
23 | disproportionate share payments shall be made on or before June 30, 2024, and are expressly |
24 | conditioned upon approval on or before June 23, 2024, by the Secretary of the United States |
25 | Department of Health and Human Services, or his or her authorized representative, of all |
26 | Medicaid state plan amendments necessary to secure for the state the benefit of federal financial |
27 | participation in federal fiscal year 2024 for the disproportionate share payments. |
28 | (c)(b) For federal fiscal year 2025, commencing on October 1, 2024, and ending |
29 | September 30, 2025, the executive office of health and human services shall submit to the |
30 | Secretary of the United States Department of Health and Human Services a state plan amendment |
31 | to the Rhode Island Medicaid DSH plan to provide: |
32 | (1) The creation of Pool C which allots no more than nineteen million nine hundred |
33 | thousand dollars ($19,900,000) twelve million nine hundred thousand dollars ($12,900,000) to |
34 | Medicaid eligible government-owned hospitals; |
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1 | (2) That the DSH plan to all participating hospitals, not to exceed an aggregate limit of |
2 | $34.7 $27.7 million, shall be allocated by the executive office of health and human services to the |
3 | Pool C and D components of the DSH plan; |
4 | (3) That the Pool D allotment shall be distributed among the participating hospitals in |
5 | direct proportion to the individual participating hospital’s uncompensated-care costs for the base |
6 | year, inflated by the uncompensated-care index to the total uncompensated-care costs for the base |
7 | year inflated by the uncompensated-care index of all participating hospitals. The disproportionate |
8 | share payments shall be made on or before June 30, 2025, and are expressly conditioned upon |
9 | approval on or before June 23, 2025, by the Secretary of the United States Department of Health |
10 | and Human Services, or their authorized representative, of all Medicaid state plan amendments |
11 | necessary to secure for the state the benefit of federal financial participation in federal fiscal year |
12 | 2025 for the disproportionate share payments; and |
13 | (4) That the Pool C allotment shall be distributed among the participating hospitals in |
14 | direct proportion to the individual participating hospital’s uncompensated-care costs for the base |
15 | year, inflated by the uncompensated-care index to the total uncompensated-care cost for the base |
16 | year inflated by the uncompensated-care index of all participating hospitals. The disproportionate |
17 | share payments shall be made on or before June 30, 2025, and are expressly conditioned upon |
18 | approval on or before June 23, 2025, by the Secretary of the United States Department of Health |
19 | and Human Services, or their authorized representative, of all Medicaid state plan amendments |
20 | necessary to secure for the state the benefit of federal financial participation in federal fiscal year |
21 | 2025 for the disproportionate share payments. |
22 | (c) For federal fiscal year 2026, commencing on October 1, 2025, and ending September |
23 | 30, 2026, the executive office of health and human services shall submit to the Secretary of the |
24 | United States Department of Health and Human Services a state plan amendment to the Rhode |
25 | Island Medicaid DSH plan to provide: |
26 | (1) That the DSH plan to all participating hospitals, not to exceed an aggregate limit of |
27 | $13.9 million, shall be allocated by the executive office of health and human services to the Pool |
28 | C and D components of the DSH plan. Pool C shall not exceed and aggregate limit of $12.9 |
29 | million. Pool D shall not exceed and aggregate limit of $1.0 million. |
30 | (2) That the Pool C allotment shall be distributed among the participating hospitals in |
31 | direct proportion to the individual participating hospital’s uncompensated-care costs for the base |
32 | year, inflated by the uncompensated-care index to the total uncompensated-care cost for the base |
33 | year inflated by the uncompensated-care index of all participating hospitals. The disproportionate |
34 | share payments shall be made on or before June 30, 2026, and are expressly conditioned upon |
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1 | approval on or before June 23, 2026, by the Secretary of the United States Department of Health |
2 | and Human Services, or their authorized representative, of all Medicaid state plan amendments |
3 | necessary to secure for the state the benefit of federal financial participation in federal fiscal year |
4 | 2026 for the disproportionate share payments; and |
5 | (3) That the Pool D allotment shall be distributed among the participating hospitals in |
6 | direct proportion to the individual participating hospital’s uncompensated-care costs for the base |
7 | year, inflated by the uncompensated-care index to the total uncompensated-care costs for the base |
8 | year inflated by the uncompensated-care index of all participating hospitals. The disproportionate |
9 | share payments shall be made on or before June 30, 2026, and are expressly conditioned upon |
10 | approval on or before June 23, 2026, by the Secretary of the United States Department of Health |
11 | and Human Services, or their authorized representative, of all Medicaid state plan amendments |
12 | necessary to secure for the state the benefit of federal financial participation in federal fiscal year |
13 | 2026 for the disproportionate share payments. |
14 | (d) No provision is made pursuant to this chapter for disproportionate-share hospital |
15 | payments to participating hospitals for uncompensated-care costs related to graduate medical |
16 | education programs. |
17 | (e) The executive office of health and human services is directed, on at least a monthly |
18 | basis, to collect patient-level uninsured information, including, but not limited to, demographics, |
19 | services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island. |
20 | (f) [Deleted by P.L. 2019, ch. 88, art. 13, § 6.] |
21 | § 40-8.3-10. Hospital Adjustment Payments. |
22 | Effective July 1, 2021, and for each subsequent year, through state fiscal year 2025, the |
23 | executive office of health and human services is hereby authorized and directed to amend its |
24 | regulations for reimbursement to hospitals for inpatient and outpatient services as follows: |
25 | (a) Each hospital in the state of Rhode Island, as defined in § 23-17-38.1, shall receive a |
26 | quarterly outpatient adjustment payment each state fiscal year of an amount determined as |
27 | follows: |
28 | (1) Determine the percent of the state’s total Medicaid outpatient and emergency |
29 | department services (exclusive of physician services) provided by each hospital during each |
30 | hospital’s prior fiscal year; |
31 | (2) Determine the sum of all Medicaid payments to hospitals made for outpatient and |
32 | emergency department services (exclusive of physician services) provided during each hospital’s |
33 | prior fiscal year; |
34 | (3) Multiply the sum of all Medicaid payments as determined in subsection (a)(2) by a |
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1 | percentage defined as the total identified upper payment limit for all hospitals divided by the sum |
2 | of all Medicaid payments as determined in subsection (a)(2); and then multiply that result by each |
3 | hospital’s percentage of the state’s total Medicaid outpatient and emergency department services |
4 | as determined in subsection (a)(1) to obtain the total outpatient adjustment for each hospital to be |
5 | paid each year; |
6 | (4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one |
7 | quarter (1/4) of its total outpatient adjustment as determined in subsection (a)(3). |
8 | (b) [Deleted by P.L. 2019, ch. 88, art. 13, § 6.] |
9 | (c) Each hospital in the state of Rhode Island, as defined in § 23-17-38.1, shall receive a |
10 | quarterly inpatient adjustment payment each state fiscal year of an amount determined as follows: |
11 | (1) Determine the percent of the state’s total Medicaid inpatient services (exclusive of |
12 | physician services) provided by each hospital during each hospital’s prior fiscal year; |
13 | (2) Determine the sum of all Medicaid payments to hospitals made for inpatient services |
14 | (exclusive of physician services) provided during each hospital’s prior fiscal year; |
15 | (3) Multiply the sum of all Medicaid payments as determined in subsection (c)(2) by a |
16 | percentage defined as the total identified upper payment limit for all hospitals divided by the sum |
17 | of all Medicaid payments as determined in subsection (c)(2); and then multiply that result by each |
18 | hospital’s percentage of the state’s total Medicaid inpatient services as determined in subsection |
19 | (c)(1) to obtain the total inpatient adjustment for each hospital to be paid each year; |
20 | (4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one |
21 | quarter (1/4) of its total inpatient adjustment as determined in subsection (c)(3). |
22 | (d) The amounts determined in subsections (a) and (c) are in addition to Medicaid |
23 | inpatient and outpatient payments and emergency services payments (exclusive of physician |
24 | services) paid to hospitals in accordance with current state regulation and the Rhode Island Plan |
25 | for Medicaid Assistance pursuant to Title XIX of the Social Security Act and are not subject to |
26 | recoupment or settlement. |
27 | SECTION 6. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled “Medical |
28 | Assistance — Long-Term Care Service and Finance Reform” is hereby amended to read as |
29 | follows: |
30 | § 40-8.9-9. Long-term-care rebalancing system reform goal. |
31 | (a) Notwithstanding any other provision of state law, the executive office of health and |
32 | human services is authorized and directed to apply for, and obtain, any necessary waiver(s), waiver |
33 | amendment(s), and/or state-plan amendments from the Secretary of the United States Department |
34 | of Health and Human Services, and to promulgate rules necessary to adopt an affirmative plan of |
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1 | program design and implementation that addresses the goal of allocating a minimum of fifty percent |
2 | (50%) of Medicaid long-term-care funding for persons aged sixty-five (65) and over and adults |
3 | with disabilities, in addition to services for persons with developmental disabilities, to home- and |
4 | community-based care; provided, further, the executive office shall report annually as part of its |
5 | budget submission, the percentage distribution between institutional care and home- and |
6 | community-based care by population and shall report current and projected waiting lists for long- |
7 | term-care and home- and community-based care services. The executive office is further authorized |
8 | and directed to prioritize investments in home- and community-based care and to maintain the |
9 | integrity and financial viability of all current long-term-care services while pursuing this goal. |
10 | (b) The reformed long-term-care system rebalancing goal is person-centered and |
11 | encourages individual self-determination, family involvement, interagency collaboration, and |
12 | individual choice through the provision of highly specialized and individually tailored home-based |
13 | services. Additionally, individuals with severe behavioral, physical, or developmental disabilities |
14 | must have the opportunity to live safe and healthful lives through access to a wide range of |
15 | supportive services in an array of community-based settings, regardless of the complexity of their |
16 | medical condition, the severity of their disability, or the challenges of their behavior. Delivery of |
17 | services and supports in less-costly and less-restrictive community settings will enable children, |
18 | adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term-care |
19 | institutions, such as behavioral health residential-treatment facilities, long-term-care hospitals, |
20 | intermediate-care facilities, and/or skilled nursing facilities. |
21 | (c) Pursuant to federal authority procured under § 42-7.2-16, the executive office of health |
22 | and human services is directed and authorized to adopt a tiered set of criteria to be used to determine |
23 | eligibility for services. The criteria shall be developed in collaboration with the state’s health and |
24 | human services departments and, to the extent feasible, any consumer group, advisory board, or |
25 | other entity designated for these purposes, and shall encompass eligibility determinations for long- |
26 | term-care services in nursing facilities, hospitals, and intermediate-care facilities for persons with |
27 | intellectual disabilities, as well as home- and community-based alternatives, and shall provide a |
28 | common standard of income eligibility for both institutional and home- and community-based care. |
29 | The executive office is authorized to adopt clinical and/or functional criteria for admission to a |
30 | nursing facility, hospital, or intermediate-care facility for persons with intellectual disabilities that |
31 | are more stringent than those employed for access to home- and community-based services. The |
32 | executive office is also authorized to promulgate rules that define the frequency of re-assessments |
33 | for services provided for under this section. Levels of care may be applied in accordance with the |
34 | following: |
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1 | (1) The executive office shall continue to apply the level-of-care criteria in effect on |
2 | April 1, 2021, for any recipient determined eligible for and receiving Medicaid-funded long-term |
3 | services and supports in a nursing facility, hospital, or intermediate-care facility for persons with |
4 | intellectual disabilities on or before that date, unless: |
5 | (i) The recipient transitions to home- and community-based services because he or she |
6 | would no longer meet the level-of-care criteria in effect on April 1, 2021; or |
7 | (ii) The recipient chooses home- and community-based services over the nursing facility, |
8 | hospital, or intermediate-care facility for persons with intellectual disabilities. For the purposes of |
9 | this section, a failed community placement, as defined in regulations promulgated by the |
10 | executive office, shall be considered a condition of clinical eligibility for the highest level of care. |
11 | The executive office shall confer with the long-term-care ombudsperson with respect to the |
12 | determination of a failed placement under the ombudsperson’s jurisdiction. Should any Medicaid |
13 | recipient eligible for a nursing facility, hospital, or intermediate-care facility for persons with |
14 | intellectual disabilities as of April 1, 2021, receive a determination of a failed community |
15 | placement, the recipient shall have access to the highest level of care; furthermore, a recipient |
16 | who has experienced a failed community placement shall be transitioned back into his or her |
17 | former nursing home, hospital, or intermediate-care facility for persons with intellectual |
18 | disabilities whenever possible. Additionally, residents shall only be moved from a nursing home, |
19 | hospital, or intermediate-care facility for persons with intellectual disabilities in a manner |
20 | consistent with applicable state and federal laws. |
21 | (2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a |
22 | nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities shall |
23 | not be subject to any wait list for home- and community-based services. |
24 | (3) No nursing home, hospital, or intermediate-care facility for persons with intellectual |
25 | disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds |
26 | that the recipient does not meet level-of-care criteria unless and until the executive office has: |
27 | (i) Performed an individual assessment of the recipient at issue and provided written |
28 | notice to the nursing home, hospital, or intermediate-care facility for persons with intellectual |
29 | disabilities that the recipient does not meet level-of-care criteria; and |
30 | (ii) The recipient has either appealed that level-of-care determination and been |
31 | unsuccessful, or any appeal period available to the recipient regarding that level-of-care |
32 | determination has expired. |
33 | (d) The executive office is further authorized to consolidate all home- and community- |
34 | based services currently provided pursuant to 42 U.S.C. § 1396n into a single system of home- |
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1 | and community-based services that include options for consumer direction and shared living. The |
2 | resulting single home- and community-based services system shall replace and supersede all 42 |
3 | U.S.C. § 1396n programs when fully implemented. Notwithstanding the foregoing, the resulting |
4 | single program home- and community-based services system shall include the continued funding |
5 | of assisted-living services at any assisted-living facility financed by the Rhode Island housing and |
6 | mortgage finance corporation prior to January 1, 2006, and shall be in accordance with chapter |
7 | 66.8 of title 42 as long as assisted-living services are a covered Medicaid benefit. |
8 | (e) The executive office is authorized to promulgate rules that permit certain optional |
9 | services including, but not limited to, homemaker services, home modifications, respite, and |
10 | physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care |
11 | subject to availability of state-appropriated funding for these purposes. |
12 | (f) To promote the expansion of home- and community-based service capacity, the |
13 | executive office is authorized to pursue payment methodology reforms that increase access to |
14 | homemaker, personal care (home health aide), assisted living, adult supportive-care homes, and |
15 | adult day services, as follows: |
16 | (1) Development of revised or new Medicaid certification standards that increase access |
17 | to service specialization and scheduling accommodations by using payment strategies designed to |
18 | achieve specific quality and health outcomes. |
19 | (2) Development of Medicaid certification standards for state-authorized providers of |
20 | adult day services, excluding providers of services authorized under § 40.1-24-1(3), assisted |
21 | living, and adult supportive care (as defined under chapter 17.24 of title 23) that establish for |
22 | each, an acuity-based, tiered service and payment methodology tied to: licensure authority; level |
23 | of beneficiary needs; the scope of services and supports provided; and specific quality and |
24 | outcome measures. |
25 | The standards for adult day services for persons eligible for Medicaid-funded long-term |
26 | services may differ from those who do not meet the clinical/functional criteria set forth in § 40- |
27 | 8.10-3. |
28 | (3) As the state’s Medicaid program seeks to assist more beneficiaries requiring long- |
29 | term services and supports in home- and community-based settings, the demand for home-care |
30 | workers has increased, and wages for these workers has not kept pace with neighboring states, |
31 | leading to high turnover and vacancy rates in the state’s home-care industry, the executive office |
32 | shall institute a one-time increase in the base-payment rates for FY 2019, as described below, for |
33 | home-care service providers to promote increased access to and an adequate supply of highly |
34 | trained home-healthcare professionals, in amount to be determined by the appropriations process, |
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1 | for the purpose of raising wages for personal care attendants and home health aides to be |
2 | implemented by such providers. |
3 | (i) A prospective base adjustment, effective not later than July 1, 2018, of ten percent |
4 | (10%) of the current base rate for home-care providers, home nursing care providers, and hospice |
5 | providers contracted with the executive office of health and human services and its subordinate |
6 | agencies to deliver Medicaid fee-for-service personal care attendant services. |
7 | (ii) A prospective base adjustment, effective not later than July 1, 2018, of twenty percent |
8 | (20%) of the current base rate for home-care providers, home nursing care providers, and hospice |
9 | providers contracted with the executive office of health and human services and its subordinate |
10 | agencies to deliver Medicaid fee-for-service skilled nursing and therapeutic services and hospice |
11 | care. |
12 | (iii) Effective upon passage of this section, hospice provider reimbursement, exclusively |
13 | for room and board expenses for individuals residing in a skilled nursing facility, shall revert to |
14 | the rate methodology in effect on June 30, 2018, and these room and board expenses shall be |
15 | exempted from any and all annual rate increases to hospice providers as provided for in this |
16 | section. |
17 | (iv) On the first of July in each year, beginning on July 1, 2019, the executive office of |
18 | health and human services will initiate an annual inflation increase to the base rate for home-care |
19 | providers, home nursing care providers, and hospice providers contracted with the executive |
20 | office and its subordinate agencies to deliver Medicaid fee-for-service personal care attendant |
21 | services, skilled nursing and therapeutic services and hospice care. The base rate increase shall be |
22 | a percentage amount equal to the New England Consumer Price Index card as determined by the |
23 | United States Department of Labor for medical care and for compliance with all federal and state |
24 | laws, regulations, and rules, and all national accreditation program requirements., except as of |
25 | July 1, 2025, and thereafter, when no annual inflation increase shall occur for these rates. |
26 | (g) As the state’s Medicaid program seeks to assist more beneficiaries requiring long- |
27 | term services and supports in home- and community-based settings, the demand for home-care |
28 | workers has increased, and wages for these workers has not kept pace with neighboring states, |
29 | leading to high turnover and vacancy rates in the state’s home-care industry. To promote |
30 | increased access to and an adequate supply of direct-care workers, the executive office shall |
31 | institute a payment methodology change, in Medicaid fee-for-service and managed care, for FY |
32 | 2022, that shall be passed through directly to the direct-care workers’ wages who are employed |
33 | by home nursing care and home-care providers licensed by the Rhode Island department of |
34 | health, as described below: |
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1 | (1) Effective July 1, 2021, increase the existing shift differential modifier by $0.19 per |
2 | fifteen (15) minutes for personal care and combined personal care/homemaker. |
3 | (i) Employers must pass on one hundred percent (100%) of the shift differential modifier |
4 | increase per fifteen-minute (15) unit of service to the CNAs who rendered such services. This |
5 | compensation shall be provided in addition to the rate of compensation that the employee was |
6 | receiving as of June 30, 2021. For an employee hired after June 30, 2021, the agency shall use not |
7 | less than the lowest compensation paid to an employee of similar functions and duties as of June |
8 | 30, 2021, as the base compensation to which the increase is applied. |
9 | (ii) Employers must provide to EOHHS an annual compliance statement showing wages |
10 | as of June 30, 2021, amounts received from the increases outlined herein, and compliance with |
11 | this section by July 1, 2022. EOHHS may adopt any additional necessary regulations and |
12 | processes to oversee this subsection. |
13 | (2) Effective January 1, 2022, establish a new behavioral healthcare enhancement of |
14 | $0.39 per fifteen (15) minutes for personal care, combined personal care/homemaker, and |
15 | homemaker only for providers who have at least thirty percent (30%) of their direct-care workers |
16 | (which includes certified nursing assistants (CNA) and homemakers) certified in behavioral |
17 | healthcare training. |
18 | (i) Employers must pass on one hundred percent (100%) of the behavioral healthcare |
19 | enhancement per fifteen (15) minute unit of service rendered by only those CNAs and |
20 | homemakers who have completed the thirty (30) hour behavioral health certificate training |
21 | program offered by Rhode Island College, or a training program that is prospectively determined |
22 | to be compliant per EOHHS, to those CNAs and homemakers. This compensation shall be |
23 | provided in addition to the rate of compensation that the employee was receiving as of December |
24 | 31, 2021. For an employee hired after December 31, 2021, the agency shall use not less than the |
25 | lowest compensation paid to an employee of similar functions and duties as of December 31, |
26 | 2021, as the base compensation to which the increase is applied. |
27 | (ii) By January 1, 2023, employers must provide to EOHHS an annual compliance |
28 | statement showing wages as of December 31, 2021, amounts received from the increases outlined |
29 | herein, and compliance with this section, including which behavioral healthcare training |
30 | programs were utilized. EOHHS may adopt any additional necessary regulations and processes to |
31 | oversee this subsection. |
32 | (h) The executive office shall implement a long-term-care-options counseling program to |
33 | provide individuals, or their representatives, or both, with long-term-care consultations that shall |
34 | include, at a minimum, information about: long-term-care options, sources, and methods of both |
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1 | public and private payment for long-term-care services and an assessment of an individual’s |
2 | functional capabilities and opportunities for maximizing independence. Each individual admitted |
3 | to, or seeking admission to, a long-term-care facility, regardless of the payment source, shall be |
4 | informed by the facility of the availability of the long-term-care-options counseling program and |
5 | shall be provided with long-term-care-options consultation if they so request. Each individual |
6 | who applies for Medicaid long-term-care services shall be provided with a long-term-care |
7 | consultation. |
8 | (i) The executive office shall implement, no later than January 1, 2024, a statewide |
9 | network and rate methodology for conflict-free case management for individuals receiving |
10 | Medicaid-funded home and community-based services. The executive office shall coordinate |
11 | implementation with the state’s health and human services departments and divisions authorized |
12 | to deliver Medicaid-funded home and community-based service programs, including the |
13 | department of behavioral healthcare, developmental disabilities and hospitals; the department of |
14 | human services; and the office of healthy aging. It is in the best interest of the Rhode Islanders |
15 | eligible to receive Medicaid home and community-based services under this chapter, title 40.1, |
16 | title 42, or any other general laws to provide equitable access to conflict-free case management |
17 | that shall include person-centered planning, service arranging, and quality monitoring in the |
18 | amount, duration, and scope required by federal law and regulations. It is necessary to ensure that |
19 | there is a robust network of qualified conflict-free case management entities with the capacity to |
20 | serve all participants on a statewide basis and in a manner that promotes choice, self-reliance, and |
21 | community integration. The executive office, as the designated single state Medicaid authority |
22 | and agency responsible for coordinating policy and planning for health and human services under |
23 | § 42-7.2-1 et seq., is directed to establish a statewide conflict-free case management network |
24 | under the management of the executive office and to seek any Medicaid waivers, state plan |
25 | amendments, and changes in rules, regulations, and procedures that may be necessary to ensure |
26 | that recipients of Medicaid home and community-based services have access to conflict-free case |
27 | management in a timely manner and in accordance with the federal requirements that must be met |
28 | to preserve financial participation. |
29 | (j) The executive office is also authorized, subject to availability of appropriation of |
30 | funding, and federal, Medicaid-matching funds, to pay for certain services and supports necessary |
31 | to transition or divert beneficiaries from institutional or restrictive settings and optimize their |
32 | health and safety when receiving care in a home or the community. The secretary is authorized to |
33 | obtain any state plan or waiver authorities required to maximize the federal funds available to |
34 | support expanded access to home- and community-transition and stabilization services; provided, |
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1 | however, payments shall not exceed an annual or per-person amount. |
2 | (k) To ensure persons with long-term-care needs who remain living at home have |
3 | adequate resources to deal with housing maintenance and unanticipated housing-related costs, the |
4 | secretary is authorized to develop higher resource eligibility limits for persons or obtain any state |
5 | plan or waiver authorities necessary to change the financial eligibility criteria for long-term |
6 | services and supports to enable beneficiaries receiving home and community waiver services to |
7 | have the resources to continue living in their own homes or rental units or other home-based |
8 | settings. |
9 | (l) The executive office shall implement, no later than January 1, 2016, the following |
10 | home- and community-based service and payment reforms: |
11 | (1) [Deleted by P.L. 2021, ch. 162, art. 12, § 6.] |
12 | (2) Adult day services level of need criteria and acuity-based, tiered-payment |
13 | methodology; and |
14 | (3) Payment reforms that encourage home- and community-based providers to provide |
15 | the specialized services and accommodations beneficiaries need to avoid or delay institutional |
16 | care. |
17 | (m) The secretary is authorized to seek any Medicaid section 1115 waiver or state-plan |
18 | amendments and take any administrative actions necessary to ensure timely adoption of any new |
19 | or amended rules, regulations, policies, or procedures and any system enhancements or changes, |
20 | for which appropriations have been authorized, that are necessary to facilitate implementation of |
21 | the requirements of this section by the dates established. The secretary shall reserve the discretion |
22 | to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with |
23 | the governor, to meet the legislative directives established herein. |
24 | SECTION 7. Sections 40-8.10-2, 40-8.10-3, and 40-8.10-4 of the General Laws in |
25 | Chapter 40-8.10 entitled "Long-Term Care Service Reform for Medicaid Eligible Individuals" are |
26 | hereby amended to read as follows: |
27 | § 40-8.10-2. Definitions. |
28 | As used in this chapter: |
29 | (1) “Core services” mean homemaker services, environmental modifications (home |
30 | accessibility adaptations, special medical equipment (minor assistive devices), meals on wheels |
31 | (home delivered meals), personal emergency response (PERS), licensed practical nurse services, |
32 | community transition services, residential supports, day supports, supported employment, |
33 | supported living arrangements, private duty nursing, supports for consumer direction (supports |
34 | facilitation), participant directed goods and services, case management, senior companion |
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1 | services, assisted living, personal care assistance services and respite. |
2 | (2) “Preventive services” mean homemaker services, minor environmental modifications, |
3 | physical therapy evaluation and services, and respite services. |
4 | § 40-8.10-3. Levels of care. |
5 | (a) The secretary of the executive office of health and human services shall coordinate |
6 | responsibilities for long-term-care assessment in accordance with the provisions of this chapter. |
7 | Importance shall be placed upon the proper and consistent determination of levels of care across |
8 | the state departments for each long-term-care setting, including behavioral health residential |
9 | treatment facilities, long-term-care hospitals, intermediate-care facilities, and/or skilled nursing |
10 | facilities. Specialized plans of care that meet the needs of the individual Medicaid recipients shall |
11 | be coordinated and consistent across all state departments. The development of care plans shall be |
12 | person-centered and shall support individual self-determination, family involvement, when |
13 | appropriate, individual choice, and interdepartmental collaboration. |
14 | (b) Levels of care for long-term-care institutions (behavioral health residential treatment |
15 | facilities, long-term-care hospitals, intermediate-care facilities and/or skilled nursing facilities), |
16 | for which alternative community-based services and supports are available, shall be established |
17 | pursuant to § 40-8.9-9. The structure of the three (3) two (2) levels of care is as follows: |
18 | (1) Highest level of care. Individuals who are determined, based on medical need, to |
19 | require the institutional level of care will have the choice to receive services in a long-term-care |
20 | institution or in a home- and community-based setting. |
21 | (2) High level of care. Individuals who are determined, based on medical need, to benefit |
22 | from home- and community-based services. |
23 | (3) Preventive level of care. Individuals who do not presently need an institutional level |
24 | of care but who need services targeted at preventing admission, re-admissions, or reducing |
25 | lengths of stay in an institution. |
26 | (c) Determinations of levels of care and the provision of long-term-care health services |
27 | shall be determined in accordance with this section and shall be in accordance with the applicable |
28 | provisions of § 40-8.9-9. |
29 | § 40-8.10-4. Long-term care assessment and coordination. |
30 | (a) The executive office of health and human services shall implement a long-term-care- |
31 | options counseling program to provide individuals or their representative, or both, with long-term |
32 | care consultations that shall include, at a minimum, information about long-term-care options, |
33 | sources and methods of both public and private payment for long term-care services; information |
34 | on caregiver support services, including respite care; and an assessment of an individual's |
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1 | functional capabilities and opportunities for maximizing independence. Each individual admitted |
2 | to or seeking admission to a long-term care facility, regardless of the payment source, shall be |
3 | informed by the facility of the availability of the long-term-care-options counseling program and |
4 | shall be provided with a long-term-care-options consultation, if he or she so requests. Each |
5 | individual who applies for Medicaid long-term care services shall be provided with a long-term |
6 | care consultation. |
7 | (b) Core and preventative home- and community-based services defined and delineated in |
8 | § 40-8.10-2 shall be provided only to those individuals who meet one of the levels of care |
9 | provided for in this chapter. Other long-term care services authorized by the federal government, |
10 | such as medication management, may also be provided to Medicaid-eligible recipients who have |
11 | established the requisite need. |
12 | (c) The assessments for individuals conducted in accordance with this section shall serve |
13 | as the basis for individual budgets for those medical assistance recipients eligible to receive |
14 | services utilizing a self-directed delivery system. |
15 | (d) Nothing in this section shall prohibit the secretary of the executive office of health |
16 | and human services, or the directors of that office's departments from utilizing community |
17 | agencies or contractors when appropriate to perform assessment functions outlined in this chapter. |
18 | SECTION 8. Sections 42-14.5-2.1 and 42-14.5-3 of the General Laws in Chapter 42-14.5 |
19 | entitled “The Rhode Island Health Care Reform Act of 2004 — Health Insurance Oversight" are |
20 | hereby amended to read as follows: |
21 | § 42-14.5-2.1. Definitions. |
22 | As used in this chapter: |
23 | (1) “Accountability standards” means measures including service processes, client and |
24 | population outcomes, practice standard compliance and fiscal integrity of social and human service |
25 | providers on the individual contractual level and service type for all state contacts of the state or |
26 | any subdivision or agency to include, but not limited to, the department of children, youth and |
27 | families (DCYF), the department of behavioral healthcare, developmental disabilities and hospitals |
28 | (BHDDH), the department of human services (DHS), the department of health (DOH), and |
29 | Medicaid. This may include mandatory reporting, consolidated, standardized reporting, audits |
30 | regardless of organizational tax status, and accountability dashboards of aforementioned state |
31 | departments or subdivisions that are regularly shared with the public. |
32 | (2) “Executive Office of Health and Human Services (EOHHS)” means the department |
33 | that serves as “principal agency of the executive branch of state government” (§ 42-7.2-2) |
34 | responsible for managing the departments and offices of: health (RIDOH), human services (DHS), |
| LC000670 - Page 219 of 270 |
1 | healthy aging (OHA), veterans services (VETS), children, youth and families (DCYF), and |
2 | behavioral healthcare, developmental disabilities and hospitals (BHDDH). EOHHS is also |
3 | designated as the single state agency with authority to administer the Medicaid program in Rhode |
4 | Island. |
5 | (3) "Primary care services" means, for the purposes of the biennial review required under |
6 | § 42-14.5-3(t), professional services rendered by primary care providers at a primary care site of |
7 | care, including care management services performed in the context of team-based primary care. |
8 | (3) (4) “Rate review” means the process of reviewing and reporting of specific trending |
9 | factors that influence the cost of service that informs rate setting. |
10 | (4) (5) “Rate setting” means the process of establishing rates for social and human service |
11 | programs that are based on a thorough rate review process. |
12 | (5) (6) “Social and human service program” means a social, mental health, developmental |
13 | disability, child welfare, juvenile justice, prevention services, habilitative, rehabilitative, substance |
14 | use disorder treatment, residential care, adult or adolescent day services, vocational, employment |
15 | and training, or aging service program or accommodations purchased by the state. |
16 | (6) (7) “Social and human service provider” means a provider of social and human service |
17 | programs pursuant to a contract with the state or any subdivision or agency to include, but not be |
18 | limited to, the department of children, youth and families (DCYF), the department of behavioral |
19 | healthcare, developmental disabilities and hospitals (BHDDH), the department of human services |
20 | (DHS), the department of health (DOH), and Medicaid. |
21 | (7) (8) “State government and the provider network” refers to the contractual relationship |
22 | between a state agency or subdivision of a state agency and private companies the state contracts |
23 | with to provide the network of mandated and discretionary social and human services. |
24 | § 42-14.5-3. Powers and duties. |
25 | The health insurance commissioner shall have the following powers and duties: |
26 | (a) To conduct quarterly public meetings throughout the state, separate and distinct from |
27 | rate hearings pursuant to § 42-62-13, regarding the rates, services, and operations of insurers |
28 | licensed to provide health insurance in the state; the effects of such rates, services, and operations |
29 | on consumers, medical care providers, patients, and the market environment in which the insurers |
30 | operate; and efforts to bring new health insurers into the Rhode Island market. Notice of not less |
31 | than ten (10) days of the hearing(s) shall go to the general assembly, the governor, the Rhode Island |
32 | Medical Society, the Hospital Association of Rhode Island, the director of health, the attorney |
33 | general, and the chambers of commerce. Public notice shall be posted on the department’s website |
34 | and given in the newspaper of general circulation, and to any entity in writing requesting notice. |
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1 | (b) To make recommendations to the governor and the house of representatives and senate |
2 | finance committees regarding healthcare insurance and the regulations, rates, services, |
3 | administrative expenses, reserve requirements, and operations of insurers providing health |
4 | insurance in the state, and to prepare or comment on, upon the request of the governor or |
5 | chairpersons of the house or senate finance committees, draft legislation to improve the regulation |
6 | of health insurance. In making the recommendations, the commissioner shall recognize that it is |
7 | the intent of the legislature that the maximum disclosure be provided regarding the reasonableness |
8 | of individual administrative expenditures as well as total administrative costs. The commissioner |
9 | shall make recommendations on the levels of reserves, including consideration of: targeted reserve |
10 | levels; trends in the increase or decrease of reserve levels; and insurer plans for distributing excess |
11 | reserves. |
12 | (c) To establish a consumer/business/labor/medical advisory council to obtain information |
13 | and present concerns of consumers, business, and medical providers affected by health insurance |
14 | decisions. The council shall develop proposals to allow the market for small business health |
15 | insurance to be affordable and fairer. The council shall be involved in the planning and conduct of |
16 | the quarterly public meetings in accordance with subsection (a). The advisory council shall develop |
17 | measures to inform small businesses of an insurance complaint process to ensure that small |
18 | businesses that experience rate increases in a given year may request and receive a formal review |
19 | by the department. The advisory council shall assess views of the health provider community |
20 | relative to insurance rates of reimbursement, billing, and reimbursement procedures, and the |
21 | insurers’ role in promoting efficient and high-quality health care. The advisory council shall issue |
22 | an annual report of findings and recommendations to the governor and the general assembly and |
23 | present its findings at hearings before the house and senate finance committees. The advisory |
24 | council is to be diverse in interests and shall include representatives of community consumer |
25 | organizations; small businesses, other than those involved in the sale of insurance products; and |
26 | hospital, medical, and other health provider organizations. Such representatives shall be nominated |
27 | by their respective organizations. The advisory council shall be co-chaired by the health insurance |
28 | commissioner and a community consumer organization or small business member to be elected by |
29 | the full advisory council. |
30 | (d) To establish and provide guidance and assistance to a subcommittee (“the professional- |
31 | provider-health-plan work group”) of the advisory council created pursuant to subsection (c), |
32 | composed of healthcare providers and Rhode Island licensed health plans. This subcommittee shall |
33 | include in its annual report and presentation before the house and senate finance committees the |
34 | following information: |
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1 | (1) A method whereby health plans shall disclose to contracted providers the fee schedules |
2 | used to provide payment to those providers for services rendered to covered patients; |
3 | (2) A standardized provider application and credentials verification process, for the |
4 | purpose of verifying professional qualifications of participating healthcare providers; |
5 | (3) The uniform health plan claim form utilized by participating providers; |
6 | (4) Methods for health maintenance organizations, as defined by § 27-41-2, and nonprofit |
7 | hospital or medical service corporations, as defined by chapters 19 and 20 of title 27, to make |
8 | facility-specific data and other medical service-specific data available in reasonably consistent |
9 | formats to patients regarding quality and costs. This information would help consumers make |
10 | informed choices regarding the facilities and clinicians or physician practices at which to seek care. |
11 | Among the items considered would be the unique health services and other public goods provided |
12 | by facilities and clinicians or physician practices in establishing the most appropriate cost |
13 | comparisons; |
14 | (5) All activities related to contractual disclosure to participating providers of the |
15 | mechanisms for resolving health plan/provider disputes; |
16 | (6) The uniform process being utilized for confirming, in real time, patient insurance |
17 | enrollment status, benefits coverage, including copays and deductibles; |
18 | (7) Information related to temporary credentialing of providers seeking to participate in the |
19 | plan’s network and the impact of the activity on health plan accreditation; |
20 | (8) The feasibility of regular contract renegotiations between plans and the providers in |
21 | their networks; and |
22 | (9) Efforts conducted related to reviewing impact of silent PPOs on physician practices. |
23 | (e) To enforce the provisions of title 27 and title 42 as set forth in § 42-14-5(d). |
24 | (f) To provide analysis of the Rhode Island affordable health plan reinsurance fund. The |
25 | fund shall be used to effectuate the provisions of §§ 27-18.5-9 and 27-50-17. |
26 | (g) To analyze the impact of changing the rating guidelines and/or merging the individual |
27 | health insurance market, as defined in chapter 18.5 of title 27, and the small-employer health |
28 | insurance market, as defined in chapter 50 of title 27, in accordance with the following: |
29 | (1) The analysis shall forecast the likely rate increases required to effect the changes |
30 | recommended pursuant to the preceding subsection (g) in the direct-pay market and small-employer |
31 | health insurance market over the next five (5) years, based on the current rating structure and |
32 | current products. |
33 | (2) The analysis shall include examining the impact of merging the individual and small- |
34 | employer markets on premiums charged to individuals and small-employer groups. |
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1 | (3) The analysis shall include examining the impact on rates in each of the individual and |
2 | small-employer health insurance markets and the number of insureds in the context of possible |
3 | changes to the rating guidelines used for small-employer groups, including: community rating |
4 | principles; expanding small-employer rate bonds beyond the current range; increasing the employer |
5 | group size in the small-group market; and/or adding rating factors for broker and/or tobacco use. |
6 | (4) The analysis shall include examining the adequacy of current statutory and regulatory |
7 | oversight of the rating process and factors employed by the participants in the proposed, new |
8 | merged market. |
9 | (5) The analysis shall include assessment of possible reinsurance mechanisms and/or |
10 | federal high-risk pool structures and funding to support the health insurance market in Rhode Island |
11 | by reducing the risk of adverse selection and the incremental insurance premiums charged for this |
12 | risk, and/or by making health insurance affordable for a selected at-risk population. |
13 | (6) The health insurance commissioner shall work with an insurance market merger task |
14 | force to assist with the analysis. The task force shall be chaired by the health insurance |
15 | commissioner and shall include, but not be limited to, representatives of the general assembly, the |
16 | business community, small-employer carriers as defined in § 27-50-3, carriers offering coverage in |
17 | the individual market in Rhode Island, health insurance brokers, and members of the general public. |
18 | (7) For the purposes of conducting this analysis, the commissioner may contract with an |
19 | outside organization with expertise in fiscal analysis of the private insurance market. In conducting |
20 | its study, the organization shall, to the extent possible, obtain and use actual health plan data. Said |
21 | data shall be subject to state and federal laws and regulations governing confidentiality of health |
22 | care and proprietary information. |
23 | (8) The task force shall meet as necessary and include its findings in the annual report, and |
24 | the commissioner shall include the information in the annual presentation before the house and |
25 | senate finance committees. |
26 | (h) To establish and convene a workgroup representing healthcare providers and health |
27 | insurers for the purpose of coordinating the development of processes, guidelines, and standards to |
28 | streamline healthcare administration that are to be adopted by payors and providers of healthcare |
29 | services operating in the state. This workgroup shall include representatives with expertise who |
30 | would contribute to the streamlining of healthcare administration and who are selected from |
31 | hospitals, physician practices, community behavioral health organizations, each health insurer, and |
32 | other affected entities. The workgroup shall also include at least one designee each from the Rhode |
33 | Island Medical Society, Rhode Island Council of Community Mental Health Organizations, the |
34 | Rhode Island Health Center Association, and the Hospital Association of Rhode Island. In any year |
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1 | that the workgroup meets and submits recommendations to the office of the health insurance |
2 | commissioner, the office of the health insurance commissioner shall submit such recommendations |
3 | to the health and human services committees of the Rhode Island house of representatives and the |
4 | Rhode Island senate prior to the implementation of any such recommendations and subsequently |
5 | shall submit a report to the general assembly by June 30, 2024. The report shall include the |
6 | recommendations the commissioner may implement, with supporting rationale. The workgroup |
7 | shall consider and make recommendations for: |
8 | (1) Establishing a consistent standard for electronic eligibility and coverage verification. |
9 | Such standard shall: |
10 | (i) Include standards for eligibility inquiry and response and, wherever possible, be |
11 | consistent with the standards adopted by nationally recognized organizations, such as the Centers |
12 | for Medicare & Medicaid Services; |
13 | (ii) Enable providers and payors to exchange eligibility requests and responses on a system- |
14 | to-system basis or using a payor-supported web browser; |
15 | (iii) Provide reasonably detailed information on a consumer’s eligibility for healthcare |
16 | coverage; scope of benefits; limitations and exclusions provided under that coverage; cost-sharing |
17 | requirements for specific services at the specific time of the inquiry; current deductible amounts; |
18 | accumulated or limited benefits; out-of-pocket maximums; any maximum policy amounts; and |
19 | other information required for the provider to collect the patient’s portion of the bill; |
20 | (iv) Reflect the necessary limitations imposed on payors by the originator of the eligibility |
21 | and benefits information; |
22 | (v) Recommend a standard or common process to protect all providers from the costs of |
23 | services to patients who are ineligible for insurance coverage in circumstances where a payor |
24 | provides eligibility verification based on best information available to the payor at the date of the |
25 | request of eligibility. |
26 | (2) Developing implementation guidelines and promoting adoption of the guidelines for: |
27 | (i) The use of the National Correct Coding Initiative code-edit policy by payors and |
28 | providers in the state; |
29 | (ii) Publishing any variations from codes and mutually exclusive codes by payors in a |
30 | manner that makes for simple retrieval and implementation by providers; |
31 | (iii) Use of Health Insurance Portability and Accountability Act standard group codes, |
32 | reason codes, and remark codes by payors in electronic remittances sent to providers; |
33 | (iv) Uniformity in the processing of claims by payors; and the processing of corrections to |
34 | claims by providers and payors; |
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1 | (v) A standard payor-denial review process for providers when they request a |
2 | reconsideration of a denial of a claim that results from differences in clinical edits where no single, |
3 | common-standards body or process exists and multiple conflicting sources are in use by payors and |
4 | providers. |
5 | (vi) Nothing in this section, nor in the guidelines developed, shall inhibit an individual |
6 | payor’s ability to employ, and not disclose to providers, temporary code edits for the purpose of |
7 | detecting and deterring fraudulent billing activities. The guidelines shall require that each payor |
8 | disclose to the provider its adjudication decision on a claim that was denied or adjusted based on |
9 | the application of such edits and that the provider have access to the payor’s review and appeal |
10 | process to challenge the payor’s adjudication decision. |
11 | (vii) Nothing in this subsection shall be construed to modify the rights or obligations of |
12 | payors or providers with respect to procedures relating to the investigation, reporting, appeal, or |
13 | prosecution under applicable law of potentially fraudulent billing activities. |
14 | (3) Developing and promoting widespread adoption by payors and providers of guidelines |
15 | to: |
16 | (i) Ensure payors do not automatically deny claims for services when extenuating |
17 | circumstances make it impossible for the provider to obtain a preauthorization before services are |
18 | performed or notify a payor within an appropriate standardized timeline of a patient’s admission; |
19 | (ii) Require payors to use common and consistent processes and time frames when |
20 | responding to provider requests for medical management approvals. Whenever possible, such time |
21 | frames shall be consistent with those established by leading national organizations and be based |
22 | upon the acuity of the patient’s need for care or treatment. For the purposes of this section, medical |
23 | management includes prior authorization of services, preauthorization of services, precertification |
24 | of services, post-service review, medical-necessity review, and benefits advisory; |
25 | (iii) Develop, maintain, and promote widespread adoption of a single, common website |
26 | where providers can obtain payors’ preauthorization, benefits advisory, and preadmission |
27 | requirements; |
28 | (iv) Establish guidelines for payors to develop and maintain a website that providers can |
29 | use to request a preauthorization, including a prospective clinical necessity review; receive an |
30 | authorization number; and transmit an admission notification; |
31 | (v) Develop and implement the use of programs that implement selective prior |
32 | authorization requirements, based on stratification of healthcare providers’ performance and |
33 | adherence to evidence-based medicine with the input of contracted healthcare providers and/or |
34 | provider organizations. Such criteria shall be transparent and easily accessible to contracted |
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1 | providers. Such selective prior authorization programs shall be available when healthcare providers |
2 | participate directly with the insurer in risk-based payment contracts and may be available to |
3 | providers who do not participate in risk-based contracts; |
4 | (vi) Require the review of medical services, including behavioral health services, and |
5 | prescription drugs, subject to prior authorization on at least an annual basis, with the input of |
6 | contracted healthcare providers and/or provider organizations. Any changes to the list of medical |
7 | services, including behavioral health services, and prescription drugs requiring prior authorization, |
8 | shall be shared via provider-accessible websites; |
9 | (vii) Improve communication channels between health plans, healthcare providers, and |
10 | patients by: |
11 | (A) Requiring transparency and easy accessibility of prior authorization requirements, |
12 | criteria, rationale, and program changes to contracted healthcare providers and patients/health plan |
13 | enrollees which may be satisfied by posting to provider-accessible and member-accessible |
14 | websites; and |
15 | (B) Supporting: |
16 | (I) Timely submission by healthcare providers of the complete information necessary to |
17 | make a prior authorization determination, as early in the process as possible; and |
18 | (II) Timely notification of prior authorization determinations by health plans to impacted |
19 | health plan enrollees, and healthcare providers, including, but not limited to, ordering providers, |
20 | and/or rendering providers, and dispensing pharmacists which may be satisfied by posting to |
21 | provider-accessible websites or similar electronic portals or services; |
22 | (viii) Increase and strengthen continuity of patient care by: |
23 | (A) Defining protections for continuity of care during a transition period for patients |
24 | undergoing an active course of treatment, when there is a formulary or treatment coverage change |
25 | or change of health plan that may disrupt their current course of treatment and when the treating |
26 | physician determines that a transition may place the patient at risk; and for prescription medication |
27 | by allowing a grace period of coverage to allow consideration of referred health plan options or |
28 | establishment of medical necessity of the current course of treatment; |
29 | (B) Requiring continuity of care for medical services, including behavioral health services, |
30 | and prescription medications for patients on appropriate, chronic, stable therapy through |
31 | minimizing repetitive prior authorization requirements; and which for prescription medication shall |
32 | be allowed only on an annual review, with exception for labeled limitation, to establish continued |
33 | benefit of treatment; and |
34 | (C) Requiring communication between healthcare providers, health plans, and patients to |
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1 | facilitate continuity of care and minimize disruptions in needed treatment which may be satisfied |
2 | by posting to provider-accessible websites or similar electronic portals or services; |
3 | (D) Continuity of care for formulary or drug coverage shall distinguish between FDA |
4 | designated interchangeable products and proprietary or marketed versions of a medication; |
5 | (ix) Encourage healthcare providers and/or provider organizations and health plans to |
6 | accelerate use of electronic prior authorization technology, including adoption of national standards |
7 | where applicable; and |
8 | (x) For the purposes of subsections (h)(3)(v) through (h)(3)(x) of this section, the |
9 | workgroup meeting may be conducted in part or whole through electronic methods. |
10 | (4) To provide a report to the house and senate, on or before January 1, 2017, with |
11 | recommendations for establishing guidelines and regulations for systems that give patients |
12 | electronic access to their claims information, particularly to information regarding their obligations |
13 | to pay for received medical services, pursuant to 45 C.F.R. § 164.524. |
14 | (5) No provision of this subsection (h) shall preclude the ongoing work of the office of |
15 | health insurance commissioner’s administrative simplification task force, which includes meetings |
16 | with key stakeholders in order to improve, and provide recommendations regarding, the prior |
17 | authorization process. |
18 | (i) To issue an anti-cancer medication report. Not later than June 30, 2014, and annually |
19 | thereafter, the office of the health insurance commissioner (OHIC) shall provide the senate |
20 | committee on health and human services, and the house committee on corporations, with: (1) |
21 | Information on the availability in the commercial market of coverage for anti-cancer medication |
22 | options; (2) For the state employee’s health benefit plan, the costs of various cancer-treatment |
23 | options; (3) The changes in drug prices over the prior thirty-six (36) months; and (4) Member |
24 | utilization and cost-sharing expense. |
25 | (j) To monitor the adequacy of each health plan’s compliance with the provisions of the |
26 | federal Mental Health Parity Act, including a review of related claims processing and |
27 | reimbursement procedures. Findings, recommendations, and assessments shall be made available |
28 | to the public. |
29 | (k) To monitor the transition from fee-for-service and toward global and other alternative |
30 | payment methodologies for the payment for healthcare services. Alternative payment |
31 | methodologies should be assessed for their likelihood to promote access to affordable health |
32 | insurance, health outcomes, and performance. |
33 | (l) To report annually, no later than July 1, 2014, then biannually thereafter, on hospital |
34 | payment variation, including findings and recommendations, subject to available resources. |
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1 | (m) Notwithstanding any provision of the general or public laws or regulation to the |
2 | contrary, provide a report with findings and recommendations to the president of the senate and the |
3 | speaker of the house, on or before April 1, 2014, including, but not limited to, the following |
4 | information: |
5 | (1) The impact of the current, mandated healthcare benefits as defined in §§ 27-18-48.1, |
6 | 27-18-60, 27-18-62, 27-18-64, similar provisions in chapters 19, 20 and 41 of title 27, and §§ 27- |
7 | 18-3(c), 27-38.2-1 et seq., or others as determined by the commissioner, on the cost of health |
8 | insurance for fully insured employers, subject to available resources; |
9 | (2) Current provider and insurer mandates that are unnecessary and/or duplicative due to |
10 | the existing standards of care and/or delivery of services in the healthcare system; |
11 | (3) A state-by-state comparison of health insurance mandates and the extent to which |
12 | Rhode Island mandates exceed other states benefits; and |
13 | (4) Recommendations for amendments to existing mandated benefits based on the findings |
14 | in (m)(1), (m)(2), and (m)(3) above. |
15 | (n) On or before July 1, 2014, the office of the health insurance commissioner, in |
16 | collaboration with the director of health and lieutenant governor’s office, shall submit a report to |
17 | the general assembly and the governor to inform the design of accountable care organizations |
18 | (ACOs) in Rhode Island as unique structures for comprehensive healthcare delivery and value- |
19 | based payment arrangements, that shall include, but not be limited to: |
20 | (1) Utilization review; |
21 | (2) Contracting; and |
22 | (3) Licensing and regulation. |
23 | (o) On or before February 3, 2015, the office of the health insurance commissioner shall |
24 | submit a report to the general assembly and the governor that describes, analyzes, and proposes |
25 | recommendations to improve compliance of insurers with the provisions of § 27-18-76 with regard |
26 | to patients with mental health and substance use disorders. |
27 | (p) To work to ensure the health insurance coverage of behavioral health care under the |
28 | same terms and conditions as other health care, and to integrate behavioral health parity |
29 | requirements into the office of the health insurance commissioner insurance oversight and |
30 | healthcare transformation efforts. |
31 | (q) To work with other state agencies to seek delivery system improvements that enhance |
32 | access to a continuum of mental health and substance use disorder treatment in the state; and |
33 | integrate that treatment with primary and other medical care to the fullest extent possible. |
34 | (r) To direct insurers toward policies and practices that address the behavioral health needs |
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1 | of the public and greater integration of physical and behavioral healthcare delivery. |
2 | (s) The office of the health insurance commissioner shall conduct an analysis of the impact |
3 | of the provisions of § 27-38.2-1(i) on health insurance premiums and access in Rhode Island and |
4 | submit a report of its findings to the general assembly on or before June 1, 2023. |
5 | (t) To undertake the analyses, reports, and studies contained in this section: |
6 | (1) The office shall hire the necessary staff and prepare a request for proposal for a qualified |
7 | and competent firm or firms to undertake the following analyses, reports, and studies: |
8 | (i) The firm shall undertake a comprehensive review of all social and human service |
9 | programs having a contract with or licensed by the state or any subdivision of the department of |
10 | children, youth and families (DCYF), the department of behavioral healthcare, developmental |
11 | disabilities and hospitals (BHDDH), the department of human services (DHS), the department of |
12 | health (DOH), and Medicaid for the purposes of: |
13 | (A) Establishing a baseline of the eligibility factors for receiving services; |
14 | (B) Establishing a baseline of the service offering through each agency for those |
15 | determined eligible; |
16 | (C) Establishing a baseline understanding of reimbursement rates for all social and human |
17 | service programs including rates currently being paid, the date of the last increase, and a proposed |
18 | model that the state may use to conduct future studies and analyses; |
19 | (D) Ensuring accurate and adequate reimbursement to social and human service providers |
20 | that facilitate the availability of high-quality services to individuals receiving home and |
21 | community-based long-term services and supports provided by social and human service providers; |
22 | (E) Ensuring the general assembly is provided accurate financial projections on social and |
23 | human service program costs, demand for services, and workforce needs to ensure access to entitled |
24 | beneficiaries and services; |
25 | (F) Establishing a baseline and determining the relationship between state government and |
26 | the provider network including functions, responsibilities, and duties; |
27 | (G) Determining a set of measures and accountability standards to be used by EOHHS and |
28 | the general assembly to measure the outcomes of the provision of services including budgetary |
29 | reporting requirements, transparency portals, and other methods; and |
30 | (H) Reporting the findings of human services analyses and reports to the speaker of the |
31 | house, senate president, chairs of the house and senate finance committees, chairs of the house and |
32 | senate health and human services committees, and the governor. |
33 | (2) The analyses, reports, and studies required pursuant to this section shall be |
34 | accomplished and published as follows and shall provide: |
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1 | (i) An assessment and detailed reporting on all social and human service program rates to |
2 | be completed by January 1, 2023, including rates currently being paid and the date of the last |
3 | increase; |
4 | (ii) An assessment and detailed reporting on eligibility standards and processes of all |
5 | mandatory and discretionary social and human service programs to be completed by January 1, |
6 | 2023; |
7 | (iii) An assessment and detailed reporting on utilization trends from the period of January |
8 | 1, 2017, through December 31, 2021, for social and human service programs to be completed by |
9 | January 1, 2023; |
10 | (iv) An assessment and detailed reporting on the structure of the state government as it |
11 | relates to the provision of services by social and human service providers including eligibility and |
12 | functions of the provider network to be completed by January 1, 2023; |
13 | (v) An assessment and detailed reporting on accountability standards for services for social |
14 | and human service programs to be completed by January 1, 2023; |
15 | (vi) An assessment and detailed reporting by April 1, 2023, on all professional licensed |
16 | and unlicensed personnel requirements for established rates for social and human service programs |
17 | pursuant to a contract or established fee schedule; |
18 | (vii) An assessment and reporting on access to social and human service programs, to |
19 | include any wait lists and length of time on wait lists, in each service category by April 1, 2023; |
20 | (viii) An assessment and reporting of national and regional Medicaid rates in comparison |
21 | to Rhode Island social and human service provider rates by April 1, 2023; |
22 | (ix) An assessment and reporting on usual and customary rates paid by private insurers and |
23 | private pay for similar social and human service providers, both nationally and regionally, by April |
24 | 1, 2023; and |
25 | (x) Completion of the development of an assessment and review process that includes the |
26 | following components: eligibility; scope of services; relationship of social and human service |
27 | provider and the state; national and regional rate comparisons and accountability standards that |
28 | result in recommended rate adjustments; and this process shall be completed by September 1, 2023, |
29 | and conducted biennially hereafter. No later than September 1, 2027, all biennial reports shall |
30 | include a review and recommendations of rates for primary care services. The biennial rate setting |
31 | shall be consistent with payment requirements established in § 1902(a)(30)(A) of the Social |
32 | Security Act, 42 U.S.C. § 1396a(a)(30)(A), and all federal and state law, regulations, and quality |
33 | and safety standards. The results and findings of this process shall be transparent, and public |
34 | meetings shall be conducted to allow providers, recipients, and other interested parties an |
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1 | opportunity to ask questions and provide comment beginning in September 2023 and biennially |
2 | thereafter. |
3 | (3) In fulfillment of the responsibilities defined in subsection (t), the office of the health |
4 | insurance commissioner shall consult with the Executive Office of Health and Human Services. |
5 | (u) Annually, each department (namely, EOHHS, DCYF, DOH, DHS, and BHDDH) shall |
6 | include the corresponding components of the assessment and review (i.e., eligibility; scope of |
7 | services; relationship of social and human service provider and the state; and national and regional |
8 | rate comparisons and accountability standards including any changes or substantive issues between |
9 | biennial reviews) including the recommended rates from the most recent assessment and review |
10 | with their annual budget submission to the office of management and budget and provide a detailed |
11 | explanation and impact statement if any rate variances exist between submitted recommended |
12 | budget and the corresponding recommended rate from the most recent assessment and review |
13 | process starting October 1, 2023, and biennially thereafter. |
14 | (v) The general assembly shall appropriate adequate funding as it deems necessary to |
15 | undertake the analyses, reports, and studies contained in this section relating to the powers and |
16 | duties of the office of the health insurance commissioner. |
17 | SECTION 9. Rhode Island Medicaid Reform Act of 2008 Resolution. |
18 | WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode |
19 | Island Medicaid Reform Act of 2008”; and |
20 | WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws |
21 | section 42-12.4-1, et seq.; and |
22 | WHEREAS, Rhode Island General Laws section 42-7.2-5(3)(i) provides that the |
23 | secretary of the executive office of health and human Services is responsible for the review and |
24 | coordination of any Medicaid section 1115 demonstration waiver requests and renewals as well |
25 | as any initiatives and proposals requiring amendments to the Medicaid state plan or category II or |
26 | III changes as described in the demonstration, “with potential to affect the scope, amount, or |
27 | duration of publicly-funded health care services, provider payments or reimbursements, or access |
28 | to or the availability of benefits and services provided by Rhode Island general and public laws”; |
29 | and |
30 | WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is |
31 | fiscally sound and sustainable, the secretary requests legislative approval of the following |
32 | proposals to amend the demonstration; and |
33 | WHEREAS, implementation of adjustments may require amendments to the Rhode |
34 | Island’s Medicaid state plan and/or section 1115 waiver under the terms and conditions of the |
| LC000670 - Page 231 of 270 |
1 | demonstration. Further, adoption of new or amended rules, regulations and procedures may also |
2 | be required: |
3 | (a) Nursing Facility Rate Increase Alignment with State Revenue Growth. The executive |
4 | office of health and human services will pursue and implement any state plan amendments |
5 | needed to limit rate increases for nursing facilities in SFY 2026 to the anticipated rate of growth |
6 | of state tax revenue, estimated to be 2.3 percent. |
7 | (b) Inpatient and Outpatient Hospital Rate Increase Alignment with State Revenue |
8 | Growth. The executive office of health and human services will pursue and implement any state |
9 | plan amendments needed to limit rate increases for inpatient and outpatient hospital services in |
10 | SFY 2026 to the anticipated rate of growth of state tax revenue, estimated to be 2.3 percent. |
11 | (c) Home Care Rates. The secretary of the executive office of health and human services |
12 | will pursue and implement any state plan amendments needed to eliminate annual rate increases |
13 | for home care services. |
14 | (d) Elimination of Inpatient and Outpatient Hospital Upper Payment Limit Payments. |
15 | The secretary of the executive office of health and human services will pursue and implement any |
16 | state plan amendments needed to eliminate inpatient and outpatient hospital upper payment limit |
17 | payments. |
18 | (e) Establishment of interprofessional consultation program. The secretary of the |
19 | executive office of health and human services will pursue and implement any state plan |
20 | amendments needed to establish an interprofessional consultation program in Medicaid effective |
21 | October 1, 2025. |
22 | (f) Federal Financing Opportunities. The executive off health and human services |
23 | proposes that it shall review Medicaid requirements and opportunities under the U.S. Patient |
24 | Protection and Affordable Care Act of 2010 (PPACA) and various other recently enacted federal |
25 | laws and pursue any changes in the Rhode Island Medicaid program that promote, increase and |
26 | enhance service quality, access and cost-effectiveness that may require a Medicaid state plan |
27 | amendment or amendment under the terms and conditions of Rhode Island’s section 1115 waiver, |
28 | its successor, or any extension thereof. Any such actions by the executive office of health and |
29 | human services shall not have an adverse impact on beneficiaries or cause there to be an increase |
30 | in expenditures beyond the amount appropriated for state fiscal year 2025. |
31 | Now, therefore, be it: |
32 | RESOLVED, that the General Assembly hereby approves the above-referenced |
33 | proposals; and be it further; |
34 | RESOLVED, that the secretary of the executive office of health and human services is |
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1 | authorized to pursue and implement any waiver amendments, state plan amendments, and/or |
2 | changes to the applicable department’s rules, regulations and procedures approved herein and as |
3 | authorized by Rhode Island General Laws section 42-12.4; and be it further; |
4 | RESOLVED, that this Joint Resolution shall take effect on July 1, 2025. |
5 | SECTION 10. This article shall take effect upon passage, except Section 9 which shall |
6 | take effect as of July 1, 2025. |
| LC000670 - Page 233 of 270 |
1 | ARTICLE 9 |
2 | RELATING TO LEASES |
3 | SECTION 1. This article consists of a Joint Resolution that is submitted pursuant to Rhode |
4 | Island General Law § 37-6-2, authorizing various lease agreements for office space and operating |
5 | space. |
6 | SECTION 2. Department of Children Youth and Families (101 Friendship Street, |
7 | Providence). |
8 | WHERAS, the Department of Children Youth and Families currently occupies |
9 | approximately 99,500 square feet at 101 Friendship Street in the City of Providence; and |
10 | WHEREAS, the Department of Children Youth and Families currently holds a lease |
11 | agreement, in full force and effect, with Provident Property, LLC for approximately 99,500 square |
12 | feet of office space located at 101 Friendship Street, in the City of Providence; and |
13 | WHEREAS, the existing lease expires on November 30, 2025, and the Department of |
14 | Children Youth and Families wishes to renew this lease for an additional ten-year term; and |
15 | WHEREAS, the State of Rhode Island, acting by and through the Department of Children |
16 | Youth and Families attests to the fact that there are no clauses in the lease agreement with Provident |
17 | Property, LLC that would interfere with the Department of Children Youth and Families’ lease |
18 | agreement or use of the facility; and |
19 | WHEREAS, the leased premises provides a critical location for the offices of the |
20 | Department of Children Youth and Families from which the Department can fulfill its mission; and |
21 | WHEREAS, the annual fixed rent in the agreement in the current fiscal year, ending June |
22 | 30, 2025 is $2,089,500.00; and |
23 | WHEREAS, the annual fixed rent of the agreement in each of the first five (5) years of the |
24 | renewal term will not exceed $2,293,826.79 and shall not exceed $2,490,076.79 in each of the |
25 | remaining years of the renewal term [or in each of years six (6) through ten (10) of the renewal |
26 | term]; and |
27 | WHEREAS, the payment of the annual fixed rent will be made from funds available to the |
28 | Department of Children Youth and Families for the payments of rental and lease costs based on |
29 | annual appropriations made by the General Assembly; and |
30 | WHEREAS, the State Properties Committee now respectfully requests the approval by the |
31 | Rhode Island House of Representatives and the Rhode Island Senate of the lease agreement |
32 | between the Department of Children Youth and Families and Provident Property, LLC for leased |
33 | space located at 101 Friendship Street, Providence; now therefore be it |
34 | RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the |
| LC000670 - Page 234 of 270 |
1 | lease agreement, for a term not to exceed ten (10) years and an aggregate fixed rent not to exceed |
2 | $23,919,517.90; and it be further |
3 | RESOLVED, that this Joint Resolution shall take effect upon passage by the General |
4 | Assembly; and it be further |
5 | RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly |
6 | certified copies of this resolution to the Governor, the Director of the Department of Children Youth |
7 | and Families, the Director of Administration, the State Budget Officer, and the Chair of the State |
8 | Properties Committee. |
9 | SECTION 3. Rhode Island Emergency Management Agency (2700 Plainfield Pike, |
10 | Cranston). |
11 | WHEREAS, the Department of Administration currently holds a lease agreement which |
12 | was enacted during the Covid-19 emergency, with EIM Plainfield Pike, LLC for approximately |
13 | 73,770 square feet of warehouse space located at 2700 Plainfield Pike, in the City of Cranston; and |
14 | WHEREAS, the existing lease expires on July 31, 2025, but the warehousing needs |
15 | continue; and |
16 | WHEREAS, the annual gross rent in the agreement in the existing lease is $684,585.60; |
17 | WHEREAS, the Department of Administration and Rhode Island Emergency Management |
18 | officials received and reviewed proposals for warehouses that would meet Emergency Management |
19 | Agency needs; and |
20 | WHEREAS, upon completing an evaluation of the submitted lease proposals, the Rhode |
21 | Island Emergency Management Agency wishes to enter into a ten-year lease agreement with EIM |
22 | Plainfield Pike, LLC for approximately 73,770 square feet of warehouse space located at 2700 |
23 | Plainfield Pike in the city/town of Cranston. |
24 | WHEREAS, the aggregate base rent for the ten-year lease will not exceed $7,188,368.21. |
25 | WHEREAS, the payment of the annual base rent will be made from funds available to the |
26 | Rhode Island Emergency Management Agency for the payments of rental and lease costs based on |
27 | annual appropriations made by the General Assembly; and |
28 | WHEREAS, the State Properties Committee now respectfully requests the approval of the |
29 | Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement |
30 | between the Rhode Island Emergency Management Agency and EIM Plainfield Pike, LLC for lease |
31 | space located at 2700 Plainfield Pike; now therefore be it |
32 | RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the |
33 | lease agreement, for a term not to exceed ten (10) years and an aggregate base rent not to exceed |
34 | $7,188,368.21; and it be further |
| LC000670 - Page 235 of 270 |
1 | RESOLVED, that this Joint Resolution shall take effect upon passage by the General |
2 | Assembly; and it be further |
3 | RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly |
4 | certified copies of this resolution to the Governor, the Director of the Rhode Island Emergency |
5 | Management Agency, the Director of Administration, the State Budget Officer, and the Chair of |
6 | the State Properties Committee. |
7 | SECTION 4. This article shall take effect upon passage. |
| LC000670 - Page 236 of 270 |
1 | ARTICLE 10 |
2 | RELATING TO HEALTH AND HUMAN SERVICES |
3 | SECTION 1. Sections 23-15-2, 23-15-4, 23-15-4.1, 23-15-4.2, 23-15-4.4, 23-15-5, 23-15- |
4 | 6, 23-15-6.1, 23-15-10, and 23-15-11 of the General Laws in Chapter 23-15 entitled "Determination |
5 | of Need for New Healthcare Equipment and New Institutional Health Services” are hereby |
6 | amended to read as follows: |
7 | 23-15-2. Definitions. |
8 | As used in this chapter: |
9 | (1) “Accessible” or “accessibility” means the ability of underserved populations to access |
10 | healthcare and as may be further defined in rules and regulations promulgated by the department. |
11 | (1) (2) “Affected person” means and includes the person whose proposal is being reviewed, |
12 | or the applicant, healthcare facilities located within the state that provide institutionaal health |
13 | services, the state medical society, the state osteopathic society, those voluntary nonprofit area- |
14 | wide planning agencies that may be established in the state, the state budget office, the office of |
15 | health insurance commissioner, any hospital or medical-service corporation organized under the |
16 | laws of the state, the statewide health coordinating council, contiguous health-systems agencies, |
17 | and those members of the public who are to be served by the proposed, new institutional health |
18 | services or new healthcare equipment. |
19 | (3) “Affordable” means the relative ability of the people of the state to pay for, or incur the |
20 | cost, resulting from the proposed determination of need and as may be further defined in rules and |
21 | regulations promulgated by the department. |
22 | (4) “Applicant” means the person who has submitted a request for a certificate of need |
23 | review and approval in accordance with this chapter. |
24 | (5) “Capital expenditure” means the total non-recurring expenditures for physical |
25 | improvements, acquisition of existing buildings, land, and/or interests in land, including costs |
26 | associated therewith in excess of fifty million dollars ($50,000,000) and as may be further defined |
27 | in rules and regulations promulgated by the department. Further, beginning on July 1, 2026 and |
28 | each July thereafter, the amount of the threshold shall be adjusted by the percentage of increase in |
29 | the consumer price index for all urban consumers (CPI-U) as published by the United States |
30 | Department of Labor Statistics as of September 30 of the prior calendar year. Expenditures related |
31 | to electronic health and management information systems shall not be considered capital |
32 | expenditures for the purposes of this chapter. |
33 | (2) “Cost-impact analysis” means a written analysis of the effect that a proposal to offer or |
34 | develop new institutional health services or new healthcare equipment, if approved, will have on |
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1 | healthcare costs and shall include any detail that may be prescribed by the state agency in rules and |
2 | regulations. |
3 | (6) “Department” means the Rhode Island department of health. |
4 | (3) (7) “Director” means the director of the Rhode Island state department of health. |
5 | (4)(i) (8) “Healthcare facility” means any institutional health-service provider, facility or |
6 | institution, place, building, agency, or portion of them, whether a partnership or corporation, |
7 | whether public or private, whether organized for profit or not, used, operated, or engaged in |
8 | providing healthcare services that are limited to hospitals, nursing facilities, home nursing-care |
9 | provider, home-care provider, hospice provider, inpatient rehabilitation hospital centers (including |
10 | drug and/or alcohol abuse treatment centers), and freestanding emergency-care facilities as defined |
11 | in § 23-17-2, certain facilities providing surgical treatment to patients not requiring hospitalization |
12 | (surgi-centers, multi-practice, physician ambulatory-surgery centers and multi-practice, podiatry |
13 | ambulatory-surgery centers) and facilities providing inpatient hospice care. Single-practice |
14 | physician or podiatry ambulatory-surgery centers (as defined in § 23-17-2(17), (18), respectively) |
15 | are exempt from the requirements of chapter 15 of this title; provided, however, that such |
16 | exemption shall not apply if a single-practice physician or podiatry ambulatory-surgery center is |
17 | established by a medical practice group (as defined in § 5-37-1) within two (2) years following the |
18 | formation of such medical practice group, when such medical practice group is formed by the |
19 | merger or consolidation of two (2) or more medical practice groups or the acquisition of one |
20 | medical practice group by another medical practice group. The term “healthcare facility” does not |
21 | include Christian Science institutions (also known as Christian Science nursing facilities) listed and |
22 | certified by the Commission for Accreditation of Christian Science Nursing |
23 | Organizations/Facilities, Inc. (ii) Any provider of hospice care who provides hospice care without |
24 | charge shall be exempt from the provisions of this chapter. |
25 | (5) (9) “Healthcare provider” means a person who is a direct provider of health services |
26 | (including but not limited to licensed physicians, dentists, nurses, podiatrists, physician assistants, |
27 | or nurse practitioners) in that where the person’s primary current activity is the provision of |
28 | healthcare services for persons. |
29 | (6) (10) “Health services” means organized program components for preventive, |
30 | assessment, maintenance, diagnostic, treatment, and rehabilitative services provided in a healthcare |
31 | facility. |
32 | (7) (11) “Health services council” means the advisory body to the Rhode Island state |
33 | department of health established in accordance with chapter 17-13.1 of this title, appointed and |
34 | empowered as provided to serve as the advisory body to the state agency department in its review |
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1 | functions under this chapter. |
2 | (12) “Innovation” means the potential of the proposal to demonstrate or provide one or |
3 | more innovative approaches or methods for attaining a more cost effective and/or efficient |
4 | healthcare system as may be further defined in rules and regulations promulgated by the |
5 | department. |
6 | (8) (13) “Institutional health services” means health services provided in or through |
7 | healthcare facilities and includes the entities in or through that the which such services are provided. |
8 | (9) (14) “New healthcare equipment” means linear accelerators and positron emission |
9 | tomography (PET). , any single piece of medical equipment (and any components that constitute |
10 | operational components of the piece of medical equipment) proposed to be utilized in conjunction |
11 | with the provision of services to patients or the public, the capital costs of which would exceed two |
12 | million two hundred fifty thousand dollars ($2,250,000); provided, however, that the state agency |
13 | shall exempt from review any application that proposes one-for-one equipment replacement as |
14 | defined in regulation. Further, beginning July 1, 2012, and each July thereafter, the amount shall |
15 | be adjusted by the percentage of increase in the consumer price index for all urban consumers (CPI- |
16 | U) as published by the United States Department of Labor Statistics as of September 30 of the prior |
17 | calendar year. |
18 | (10) (15) “New institutional health services” means and includes: |
19 | (i) Construction, development, or other establishment of a new healthcare facility. |
20 | (ii) Any capital expenditure as defined herein. , except acquisitions of an existing |
21 | healthcare facility, that will not result in a change in the services or bed capacity of the healthcare |
22 | facility by, or on behalf of, an existing healthcare facility in excess of five million two hundred |
23 | fifty thousand dollars ($5,250,000) which is a capital expenditure including expenditures for |
24 | predevelopment activities; provided further, beginning July 1, 2012, and each July thereafter, the |
25 | amount shall be adjusted by the percentage of increase in the consumer price index for all urban |
26 | consumers (CPI-U) as published by the United States Department of Labor Statistics as of |
27 | September 30 of the prior calendar year. |
28 | (iii) Where a person makes an acquisition by, or on behalf of, a healthcare facility or health |
29 | maintenance organization under lease or comparable arrangement or through donation, which |
30 | would have required review if the acquisition had been by purchase, the acquisition shall be deemed |
31 | a capital expenditure subject to review. |
32 | (iv) Any increase in capital expenditure that results in the addition of a health service or |
33 | that changes the bed capacity of a licensed hospital. healthcare facility with respect to which the |
34 | expenditure is made, except that the state agency may exempt from review, by rules and regulations |
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1 | promulgated for this chapter, any bed reclassifications made to licensed nursing facilities and |
2 | annual increases in licensed bed capacities of nursing facilities that do not exceed the greater of ten |
3 | (10) beds or ten percent (10%) of facility licensed bed capacity and for which the related capital |
4 | expenditure does not exceed two million dollars ($2,000,000). |
5 | (v) Any health service proposed to be offered to patients or the public by a healthcare |
6 | facility that was not offered on a regular basis in or through the facility within the twelve-month |
7 | (12) period prior to the time the service would be offered, and that increases operating expenses by |
8 | more than one million five hundred thousand dollars ($1,500,000), except that the state agency may |
9 | exempt from review, by rules and regulations promulgated for this chapter, any health service |
10 | involving reclassification of bed capacity made to licensed nursing facilities. Further, beginning |
11 | July 1, 2012, and each July thereafter, the amount shall be adjusted by the percentage of increase |
12 | in the consumer price index for all urban consumers (CPI-U) as published by the United States |
13 | Department of Labor Statistics as of September 30 of the prior calendar year. |
14 | (vi) (v) Any new or expanded tertiary or specialty-care service in the following areas: |
15 | cardiac catheterization, obstetrics, open heart surgery, organ transplantation, and neonatal intensive |
16 | care services. , regardless of capital expense or operating expense, as defined by and listed in |
17 | regulation, the list not to exceed a total of twelve (12) categories of services at any one time and |
18 | shall include full-body magnetic resonance imaging and computerized axial tomography; provided, |
19 | however, that the state agency shall exempt from review any application that proposes one-for-one |
20 | equipment replacement as defined by and listed in regulation. Acquisition of full body magnetic |
21 | resonance imaging and computerized axial tomography shall not require a certificate-of-need |
22 | review and approval by the state agency if satisfactory evidence is provided to the state agency that |
23 | it was acquired for under one million dollars ($1,000,000) on or before January 1, 2010, and was |
24 | in operation on or before July 1, 2010. |
25 | (11) (16) “Person” means any individual, trust or estate, partnership, corporation (including |
26 | associations, joint stock companies, limited liability corporations, and insurance companies), state |
27 | or political subdivision, or instrumentality of a state. |
28 | (12) “Predevelopment activities” means expenditures for architectural designs, plans, |
29 | working drawings, and specifications, site acquisition, professional consultations, preliminary |
30 | plans, studies, and surveys made in preparation for the offering of a new, institutional health |
31 | service. |
32 | (13) “State agency” means the Rhode Island state department of health. |
33 | (14) (17) “To develop” means to undertake those activities that, on their completion, will |
34 | result in the offering of a new, institutional health service or new healthcare equipment or the |
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1 | incurring of a financial obligation, in relation to the offering of that service. |
2 | (15) (18) “To offer” means to hold oneself out as capable of providing, or as having the |
3 | means for the provision of, specified health services or healthcare equipment. |
4 | 23-15-4. Review and approval of new health care equipment and new institutional |
5 | health services. |
6 | (a) No health care healthcare provider or health care healthcare facility person shall |
7 | develop or offer new health care equipment or new institutional health services in Rhode Island, |
8 | the magnitude of which exceeds the limits defined by this chapter, without prior review by the |
9 | health services council and approval by the department state agency; except that review by the |
10 | health services council may be waived in the case of expeditious reviews conducted in accordance |
11 | with § 23-15-5. , and except that health maintenance organizations which fulfill criteria to be |
12 | established in rules and regulations promulgated by the state agency with the advice of the health |
13 | services council shall be exempted from the review and approval requirement established in this |
14 | section upon approval by the state agency of an application for exemption from the review and |
15 | approval requirement established in this section which contain any information that the state agency |
16 | may require to determine if the health maintenance organization meets the criteria. |
17 | (b) No approval shall be made without an adequate demonstration of need by the applicant |
18 | at the time and place and under the circumstances proposed, nor shall the approval be made without |
19 | a determination that a proposal for which need has been demonstrated is also affordable and |
20 | accessible by the people of the state. |
21 | (c) No approval of new institutional health services for the provision of health services to |
22 | inpatients shall be granted unless the written findings required in accordance with § 23-15-6(b)(6) |
23 | are made. |
24 | (d) (c) Applications for determination of need shall be filed with the department state |
25 | agency on a date fixed by the state agency together with plans and specifications and any other |
26 | appropriate data and information that the department state agency shall require by regulation, and |
27 | shall be considered in relation to each other no less than once a year. A duplicate copy of each |
28 | application together with all supporting documentation shall be kept on file by the department state |
29 | agency as a public record. |
30 | (e) (d) The health services council shall may consider, but shall not be limited to, the |
31 | following in conducting reviews and determining need: In its recommendations to the department, |
32 | the health services council may assess criteria, including but not limited to, affordability, |
33 | accessibility, innovation and quality standards, as further defined in regulations adopted by the |
34 | department. |
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1 | (1) The relationship of the proposal to state health plans that may be formulated by the state |
2 | agency; |
3 | (2) The impact of approval or denial of the proposal on the future viability of the applicant |
4 | and of the providers of health services to a significant proportion of the population served or |
5 | proposed to be served by the applicant; |
6 | (3) The need that the population to be served by the proposed equipment or services has |
7 | for the equipment or services; |
8 | (4) The availability of alternative, less costly, or more effective methods of providing |
9 | services or equipment, including economies or improvements in service that could be derived from |
10 | feasible cooperative or shared services; |
11 | (5) The immediate and long term financial feasibility of the proposal, as well as the |
12 | probable impact of the proposal on the cost of, and charges for, health services of the applicant; |
13 | (6) The relationship of the services proposed to be provided to the existing health care |
14 | system of the state; |
15 | (7) The impact of the proposal on the quality of health care in the state and in the population |
16 | area to be served by the applicant; |
17 | (8) The availability of funds for capital and operating needs for the provision of the services |
18 | or equipment proposed to be offered; |
19 | (9) The cost of financing the proposal including the reasonableness of the interest rate, the |
20 | period of borrowing, and the equity of the applicant in the proposed new institutional health service |
21 | or new equipment; |
22 | (10) The relationship, including the organizational relationship of the services or |
23 | equipment proposed, to ancillary or support services; |
24 | (11) Special needs and circumstances of those entities which provide a substantial portion |
25 | of their services or resources, or both, to individuals not residing within the state; |
26 | (12) Special needs of entities such as medical and other health professional schools, |
27 | multidisciplinary clinics, and specialty centers; also, the special needs for and availability of |
28 | osteopathic facilities and services within the state; |
29 | (13) In the case of a construction project: |
30 | (i) The costs and methods of the proposed construction, |
31 | (ii) The probable impact of the construction project reviewed on the costs of providing |
32 | health services by the person proposing the construction project; and |
33 | (iii) The proposed availability and use of safe patient handling equipment in the new or |
34 | renovated space to be constructed. |
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1 | (14) Those appropriate considerations that may be established in rules and regulations |
2 | promulgated by the state agency with the advice of the health services council; |
3 | (15) The potential of the proposal to demonstrate or provide one or more innovative |
4 | approaches or methods for attaining a more cost effective and/or efficient health care system; |
5 | (16) The relationship of the proposal to the need indicated in any requests for proposals |
6 | issued by the state agency; |
7 | (17) The input of the community to be served by the proposed equipment and services and |
8 | the people of the neighborhoods close to the health care facility who are impacted by the proposal; |
9 | (18) The relationship of the proposal to any long-range capital improvement plan of the |
10 | health care facility applicant. |
11 | (19) Cost impact statements forwarded pursuant to subsection 23-15-6(e). |
12 | (f) (e) In conducting its review, the health services council shall perform the following: |
13 | (1) Within one hundred and fifteen (115) days after initiating its review, which must be |
14 | commenced no later than thirty-one (31) days after the filing of an application, the health services |
15 | council shall make recommendations to the department relative to approval or denial of the new |
16 | institutional health services or new health care equipment proposed. determine as to each proposal |
17 | whether the applicant has demonstrated need at the time and place and under the circumstances |
18 | proposed, and in doing so may apply the criteria and standards set forth in subsection (e) of this |
19 | section; provided however, that a determination of need shall not alone be sufficient to warrant a |
20 | recommendation to the state agency that a proposal should be approved. The director shall render, |
21 | in writing, his or her decision within five (5) ten (10) days of the determination of the health services |
22 | council. |
23 | (2) Prior to the conclusion of its review in accordance with § 23-15-6(e), the health services |
24 | council shall evaluate each proposal for which a determination of need has been established in |
25 | relation to other proposals, comparing proposals with each other, whether similar or not, |
26 | establishing priorities among the proposals for which need has been determined, and taking into |
27 | consideration the criteria and standards relating to relative need and affordability as set forth in |
28 | subsection (e) of this section and § 23-15-6(f). |
29 | (3) At the conclusion of its review, the health services council shall make recommendations |
30 | to the state agency relative to approval or denial of the new institutional health services or new |
31 | health care equipment proposed; provided that: |
32 | (i) The health services council shall recommend approval of only those proposals found to |
33 | be affordable in accordance with the provisions of § 23-15-6(f); and |
34 | (ii) If the state agency proposes to render a decision that is contrary to the recommendation |
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1 | of the health services council, the state agency must render its reasons for doing so in writing. |
2 | (g) (f) Approval of new institutional health services or new health care equipment by the |
3 | department state agency shall may be subject to conditions as necessary to promote affordability, |
4 | accessibility, innovation, and quality standards. that may be prescribed by rules and regulations |
5 | developed by the state agency with the advice of the health services council, but those conditions |
6 | must relate to the considerations enumerated in subsection (e) and to considerations that may be |
7 | established in regulations in accordance with subsection (e)(14). |
8 | (h) (g) The offering or developing of new institutional health services or health care |
9 | equipment by a health care facility without prior review by the health services council and approval |
10 | by the department state agency shall be grounds for the imposition of licensure sanctions on the |
11 | facility, including denial, suspension, revocation, or curtailment or for imposition of any monetary |
12 | fines that may be statutorily permitted by virtue of individual health care facility licensing statutes. |
13 | (i) (h) No government agency and no hospital or medical service corporation organized |
14 | under the laws of the state shall reimburse any person health care facility or health care provider |
15 | for the costs associated with offering or developing new institutional health services or new health |
16 | care equipment unless the person health care facility or health care provider has received the |
17 | approval of the department state agency in accordance with this chapter. Government agencies and |
18 | hospital and medical service corporations organized under the laws of the state shall, during budget |
19 | negotiations, hold health care facilities and health care providers accountable to operating |
20 | efficiencies claimed or projected in proposals which receive the approval of the state agency in |
21 | accordance with this chapter. |
22 | (j) (i) In addition, the department state agency shall not make grants to, enter into contracts |
23 | with, or recommend approval of the use of federal or state funds by any person health care facility |
24 | or health care provider which proceeds with the offering or developing of new institutional health |
25 | services or new health care equipment after disapproval by the department state agency. |
26 | (j) The department may promulgate regulations as are necessary to effectuate the purposes |
27 | of this chapter. |
28 | 23-15-4.1. Exemption for nonclinical capital expenditures. |
29 | Notwithstanding the requirements of any other provisions of any general or public laws, |
30 | capital expenditures by a health care facility that are not directly related to the provision of health |
31 | services as defined in this chapter, including, but not limited to, capital expenditures for parking |
32 | lots, billing computer systems, and telephone, shall not require a certificate of need review and |
33 | approval by the department state agency. |
34 | 23-15-4.2. Exemption for Research |
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1 | Notwithstanding the requirements of any other provisions of any general or public laws, |
2 | capital expenditures by a health care facility related to research in basic biomedical or medical |
3 | research areas that are not directly related to the provision of clinical or patient care services shall |
4 | not require a certificate of need review and approval by the department state agency. |
5 | 23-15-4.4. Exemption for voter approved capital bond issues and other state capital |
6 | funds for health care facilities. |
7 | Notwithstanding the requirements of any other provisions of any general law or public |
8 | laws, voter approved state bond issues authorizing capital expenditures and any appropriations or |
9 | authorization of state capital funds by the General Assembly for state health care facilities shall not |
10 | require a certificate of need review and approval by the department state agency. |
11 | 23-15-5. Expeditious review. |
12 | (a) Any person who proposes to offer or develop new institutional health services or new |
13 | healthcare equipment for documented emergency needs; or for the purpose of eliminating or |
14 | preventing documented fire or safety hazards affecting the lives and health of patients or staff; or |
15 | for compliance with accreditation standards required for receipt of federal or state reimbursement; |
16 | or for any other purpose that the state agency may specify as may be further defined in rules and |
17 | regulations promulgated by the department, may apply for an expeditious review. The department |
18 | state agency may exercise its discretion in recommending approvals through an expeditious review, |
19 | except that no new institutional health service or new healthcare equipment may be approved |
20 | through the expeditious review if provision of the new institutional health service or new healthcare |
21 | equipment is contra-indicated by the state health plan as may be formulated by the state agency. |
22 | Specific procedures for the conduct of expeditious reviews shall be promulgated in rules and |
23 | regulations adopted by the department state agency with the advice of the health services council. |
24 | (b) The decision of the state agency not to conduct an expeditious review shall be |
25 | reconsidered upon a written petition to the state agency, and the state agency shall be required to |
26 | respond to the written petition within ten (10) days stating whether expeditious review is granted. |
27 | If the request for reconsideration is denied, the state agency shall state the reasons in writing why |
28 | the expeditious request had been denied. |
29 | (c) The decision of the state agency in connection with an expeditious review shall be |
30 | rendered within thirty (30) days after the commencement of said review. |
31 | (d) Any healthcare facility that provides a service performed in another state and that is not |
32 | performed in the state of Rhode Island, or such service is performed in the state on a very limited |
33 | basis, shall be granted expeditious review upon request under this section, provided that such |
34 | service, among other things, has a clear effect on the timeliness, access, or quality of care and is |
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1 | able to meet licensing standards. |
2 | 23-15-6. Procedures for review. |
3 | (a) The department state agency, with the advice of the health services council, and in |
4 | accordance with the Administrative Procedures Act, chapter 35 of title 42, after public hearing |
5 | pursuant to reasonable notice, which notice shall include affected persons, shall promulgate |
6 | appropriate rules and regulations that may be designated to further the accomplishment of the |
7 | purposes of this chapter including the formulation of procedures that may be particularly necessary |
8 | for the conduct on of reviews of particular types of new institutional health services or new health |
9 | care equipment. |
10 | (b) Review procedures promulgated in accordance with subsection (a) shall include at least |
11 | the following, except that substitute procedures for the conduct of expeditious and accelerated |
12 | reviews may be promulgated by the department state agency in accordance with § 23-15-5: |
13 | (1) Provision that the department state agency established a process requiring potential |
14 | applicants to file a detailed letter of intent to submit an application at least forty-five (45) days prior |
15 | to the submission of an application and that the state agency shall undertake reviews in a timely |
16 | fashion no less often than twice a year and give written notification to affected persons of the |
17 | beginning of the review. including the proposed schedule for the review, the period within which |
18 | a public meeting may be held, and the manner by which notification will be provided of the time |
19 | and place of any public meeting so held. |
20 | (2) Provision that no more than one hundred and twenty (120) days shall elapse between |
21 | initial notification of affected persons and the final decision of the state agency. |
22 | (3) (2) Provision that, if the department state agency fails to act upon an application within |
23 | the applicable period established in subsection (b)(2) § 23-15-4(e)(1), the applicant may apply to |
24 | the superior court of Providence County to require the department state agency to act upon the |
25 | application. |
26 | (4) (3) Provision for review and comment by the health services council and comment by |
27 | any affected person, including but not limited to those parties defined in § 23-15-2(1) and the |
28 | department of business regulation, the department of behavioral healthcare, developmental |
29 | disabilities and hospitals, the department of human services, health maintenance organizations, and |
30 | the state professional standards review organization, on every application for the determination of |
31 | need. |
32 | (5) Provision that a public meeting may be held during the course of the state agency review |
33 | at which any person may have the opportunity to present testimony. Procedures for the conduct of |
34 | the public meeting shall be established in rules and regulations promulgated by the state agency |
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1 | with the advice of the health services council. |
2 | (6) (4)(i) Provision for issuance of a written decision by the department state agency which |
3 | shall be based upon address and consider the findings and recommendations of the health services |
4 | council unless the department state agency shall afford written justification for variance from that |
5 | decision. |
6 | (ii) In the case of any proposed new institutional health service for the provision of health |
7 | services to inpatients, a state agency shall not make a finding that the proposed new institutional |
8 | health service is needed, unless it makes written findings recommendations as to: |
9 | (A) The efficiency and appropriateness of the use of existing inpatient facilities providing |
10 | inpatient services similar to those proposed; |
11 | (B) The capital and operating costs (and their potential impact on patient charges), |
12 | efficiency, and appropriateness of the proposed new institutional health services; and |
13 | (C) Makes each of the following findings in writing: |
14 | (I) That superior alternatives to inpatient services in terms of cost, efficiency, and |
15 | appropriateness do not exist and that the development of alternatives is not practicable; |
16 | (II) That, in the case of new construction, alternatives to new construction (e.g., |
17 | modernization or sharing arrangements) have been considered and implemented to the maximum |
18 | extent practicable; |
19 | (III) That patients will experience serious problems in terms of costs, availability, or |
20 | accessibility, or any other problems that may be identified by the state agency, in obtaining inpatient |
21 | care of the type proposed in the absence of the proposed new service; and |
22 | (IV) That, in the case of a proposal for the addition of beds for the provision of skilled |
23 | nursing or intermediate care, the relationship of the addition to the plans of other agencies of the |
24 | state responsible for providing and financing long-term care (including home health services) has |
25 | been considered. |
26 | (7) (5) Provision for the distribution of the decision of the department state agency, |
27 | including its findings and recommendations, to the applicant and to affected persons. |
28 | (8) (6) Provision that the department state agency may approve or disapprove in whole or |
29 | in part any application as submitted, but that the parties may mutually agree to a modification of |
30 | any element of an application as submitted, without requiring resubmission of the application. |
31 | (9) (7)(i) Provision that any person affected may request in writing reconsideration of a |
32 | state agency decision if the person: |
33 | (A) Presents significant relevant information not previously considered by the state |
34 | agency; |
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1 | (B) Demonstrates that there have been significant changes in factors or circumstances |
2 | relied upon by the state agency in reaching its decision; |
3 | (C) Demonstrates that the state agency has materially failed to follow its adopted |
4 | procedures in reaching its decision; or |
5 | (D) Provides any other basis for reconsideration that the state agency may have determined |
6 | by regulation to constitute good cause. |
7 | (ii) Procedures for reconsideration upon request of the applicant shall be established in |
8 | regulations promulgated by the department state agency with the advice of the health services |
9 | council. |
10 | (10) (8) Provision that upon the request of any affected person, the decision of the state |
11 | agency to issue, deny, or withdraw a certificate of need or to grant or deny an exemption shall be |
12 | administratively reviewed under an appeals mechanism provided for in the rules and regulations of |
13 | the state agency, with the review to be conducted by a hearing officer appointed by the director of |
14 | health. The procedures for judicial review shall be in accordance with the provisions of § 42-35- |
15 | 15. Provision for appeal by the applicant of the department's decision in accordance with § 42-35- |
16 | 15.1(a). |
17 | (c) The department state agency shall publish, at least annually, a report of reviews of new |
18 | institutional health services and new health care equipment conducted, together with the findings |
19 | and decisions rendered in the course of the reviews. The reports shall be published on or about |
20 | February 1 of each year and shall contain evaluations of the prior year’s statutory changes where |
21 | feasible. |
22 | (d) All applications reviewed by the department state agency and all written materials |
23 | pertinent to the department’s state agency review, including minutes of all health services council |
24 | meetings, shall be accessible to the public upon request. |
25 | (e) In the case or review of proposals by health care facilities who by contractual |
26 | agreement, chapter 19 of title 27, or other statute are required to adhere to an annual schedule of |
27 | budget or reimbursement determination to which the state is a party, the state budget office, the |
28 | office of the health insurance commissioner, and hospital service corporations organized under |
29 | chapter 19 of title 27 shall forward to the health services council within forty-five (45) days of the |
30 | initiation of the review of the proposals by the health services council under § 23-15-4(f)(1): |
31 | (1) A cost impact analysis of each proposal which analysis shall include, but not be limited |
32 | to, consideration of increases in operating expenses, per diem rates, health care insurance |
33 | premiums, and public expenditures; and |
34 | (2) Comments on acceptable interest rates and minimum equity contributions and/or |
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1 | maximum debt to be incurred in financing needed proposals. |
2 | (f) The health services council shall not make a recommendation to the state agency that a |
3 | proposal be approved unless it is found that the proposal is affordable to the people of the state. In |
4 | determining whether or not a proposal is affordable, the health service council shall consider the |
5 | condition of the state’s economy, the statements of authorities and/or parties affected by the |
6 | proposals, and any other factors that it may deem appropriate. |
7 | 23-15-6.1. Action subsequent to review. |
8 | Development of any new institutional health services or new health care equipment |
9 | approved by the department state agency must be initiated within one two years of the date of the |
10 | approval and may not exceed the maximum amount of capital expenditures specified in the decision |
11 | of the state agency without prior authorization of the state agency. The department state agency, |
12 | with the advice of the health services council, shall adopt procedures promulgate rules and |
13 | regulations for the review of the applicant’s failure to develop new institutional health services or |
14 | new health care equipment within the timeframe and capital limitation stipulated in this section, |
15 | and for the withdrawal of approval in the absence of a good faith effort to meet the stipulated |
16 | timeframe. |
17 | 23-15-10. Application fees. |
18 | The department state agency shall require that any applicant for certificate of need submit |
19 | an application fee prior to requesting any review of matters pursuant to the requirements of this |
20 | chapter; except that health care facilities and equipment owned and operated by the state of Rhode |
21 | Island shall be exempt from this application fee requirement. The application fee shall be paid by |
22 | check made payable to the general treasurer. Except for applications that propose new or expanded |
23 | tertiary or specialty care services as defined in subdivision 23-15-2(10)(vi) 23-15-2(15)(v), |
24 | submission of any application filed in accordance with § 23-15-4(d) shall include an application |
25 | fee of five hundred dollars ($500) per application plus an amount equal to one quarter of one percent |
26 | (0.25%) of the total capital expenditure costs associated with the application. For an application |
27 | filed in accordance with the requirements of § 23-15-5 (Expeditious review), the application shall |
28 | include an application processing fee of seven hundred and fifty dollars ($750) per application plus |
29 | an amount equal to one quarter of one percent (0.25%) of the total capital expenditure costs |
30 | associated with the application. Applications that propose new or expanded tertiary or specialty |
31 | care services as defined in subdivision 23-15-2(10)(vi) 23-15-2(15)(v), shall include an application |
32 | fee of ten thousand dollars ($10,000) plus an amount equal to one quarter of one percent (0.25%) |
33 | of the total capital expenditure costs associated with the application. Application fees shall be non- |
34 | refundable once the formal review of the application has commenced. All fees received pursuant |
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1 | to this chapter shall be deposited in the general fund. |
2 | 23-15-11. Reports, use of experts, and all costs and expenses. |
3 | The department state agency may in effectuating the purposes of this chapter engage |
4 | experts or consultants including, but not limited to, actuaries, investment bankers, accountants, |
5 | attorneys, or industry analysts. Except for privileged or confidential communications between the |
6 | department state agency and engaged attorneys, all copies of final reports prepared by experts and |
7 | consultants, and all costs and expenses associated with the reports, shall be public. All costs and |
8 | expenses incurred under this provision shall be the responsibility of the applicant in an amount to |
9 | be determined by the director as he or she shall deem appropriate. No application made pursuant to |
10 | the requirements of this chapter shall be considered complete unless an agreement has been |
11 | executed with the director for the payment of all costs and expenses in accordance with this section. |
12 | The maximum cost and expense to an applicant for experts and/or consultants that may be required |
13 | by the department state agency shall be fifty twenty thousand dollars ($20,000 $50,000); provided |
14 | however, that the maximum amount shall be increased by regulations promulgated by the state |
15 | agency on or after January 1, 2008 annually by the most recently available annual increase in the |
16 | federal consumer price index as determined by the department state agency. |
17 | SECTION 2. Sections 23-17.5-32, 23-17.5-33, and 23-17.5-34 of the General Laws in |
18 | Chapter 23-17.5 entitled "Rights of Nursing Home Patients” are hereby amended to read as follows: |
19 | 23-17.5-32 Minimum staffing levels. |
20 | (a) Each facility shall have the necessary nursing service personnel (licensed and non- |
21 | licensed) in sufficient numbers on a twenty-four (24) hour basis, to assess the needs of residents, |
22 | to develop and implement resident care plans, to provide direct resident care services, and to |
23 | perform other related activities to maintain the health, safety, and welfare of residents. The |
24 | facility shall have a registered nurse on the premises twenty-four (24) hours a day. |
25 | (b) For purposes of this section, the following definitions shall apply: |
26 | (1) “Direct caregiver” means a person who receives monetary compensation as an |
27 | employee of the nursing facility or a subcontractor as a director of nursing services, a nurse |
28 | (RNs/LPNs) with administrative duties, a registered nurse, a licensed practical nurse, a |
29 | medication technician, a certified nurse assistant, a licensed physical therapist, a physical therapy |
30 | assistant, a licensed occupational therapist, a certified occupational therapy assistant, a licensed |
31 | speech-language pathologist, a licensed respiratory care practitioner, a mental health worker who |
32 | is also a certified nurse assistant, a nurse aide in training, a social worker, or an activities |
33 | director/aide. |
34 | (2) “Hours of direct nursing care” means the actual hours of work performed per patient |
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1 | day by a direct caregiver. |
2 | (c)(i) Commencing on January 1, 2022, nursing facilities shall provide a quarterly |
3 | minimum average of three and fifty-eight hundredths (3.58) hours of direct nursing care per |
4 | resident, per day, of which at least two and forty-four hundredths (2.44) hours shall be provided |
5 | by certified nurse assistants. |
6 | (ii) Commencing on January 1, 2023, nursing facilities shall provide a quarterly |
7 | minimum of three and eighty-one hundredths (3.81) hours of direct nursing care per resident, per |
8 | day, of which at least two and six tenths (2.6) hours shall be provided by certified nurse assistants |
9 | (iii) Commencing on July 1, 2025, nursing facilities shall provide a quarterly minimum |
10 | of three and eighty-one hundredths (3.81) hours of direct nursing care per resident per day of |
11 | which at least two and two tenths (2.2) hours shall be provided by certified nursing assistants |
12 | (CNAs), certified nursing assistants (CNAs) who are specially trained and licensed as medication |
13 | aides, and nurse aides in training. |
14 | (d) Director of nursing hours and nursing staff hours spent on administrative duties or |
15 | non-direct caregiving tasks are excluded and may not be counted toward compliance with the |
16 | minimum staffing hours requirement in this section. |
17 | (e)(d) The minimum hours of direct nursing care requirements shall be minimum |
18 | standards only. Nursing facilities shall employ and schedule additional staff as needed to ensure |
19 | quality resident care based on the needs of individual residents and to ensure compliance with all |
20 | relevant state and federal staffing requirements. |
21 | (f)(e) The department shall promulgate rules and regulations to amend the Rhode Island |
22 | code of regulations in consultation with stakeholders to implement these minimum staffing |
23 | requirements on or before October 15, 2021. |
24 | (g)On or before January 1, 2024, and every five (5) years thereafter, the department shall |
25 | consult with consumers, consumer advocates, recognized collective bargaining agents, and |
26 | providers to determine the sufficiency of the staffing standards provided in this section and may |
27 | promulgate rules and regulations to increase the minimum staffing ratios to adequate levels. |
28 | 23-17.5-33. Minimum staffing level compliance and enforcement program. |
29 | (a) Compliance determination. |
30 | (1) The department shall submit proposed rules and regulations for adoption by October |
31 | 15, 2021, establishing a system for determining compliance with minimum staffing requirements |
32 | set forth in § 23-17.5-32. |
33 | (2) Compliance shall be determined quarterly by comparing the number of hours |
34 | provided per resident, per day using the Centers for Medicare and Medicaid Services’ payroll- |
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1 | based journal and the facility’s daily census, as self-reported by the facility to the department on a |
2 | quarterly basis. |
3 | (3) The department shall use the quarterly payroll-based journal and the self-reported |
4 | census to calculate the number of hours provided per resident, per day and compare this ratio to |
5 | the minimum staffing standards required under § 23-17.5-32. Discrepancies between job titles |
6 | contained in § 23-17.5-32 and the payroll-based journal shall be addressed by rules and |
7 | regulations. |
8 | (b) Monetary penalties. |
9 | (1) The department shall submit proposed rules and regulations for adoption on or before |
10 | October 15, 2021, implementing monetary penalty provisions for facilities not in compliance with |
11 | minimum staffing requirements set forth in § 23-17.5-32. |
12 | (2) Monetary penalties shall be imposed quarterly and shall be based on the latest quarter |
13 | for which the department has data. |
14 | (3) No monetary penalty may be issued for noncompliance with the increase in the |
15 | standard set forth in § 23-17.5-32(c)(ii) from January 1, 2023, to March 31, 2023. If a facility is |
16 | found to be noncompliant with the increase in the standard during the period that extends from |
17 | January 1, 2023, to March 31, 2023, the department shall provide a written notice identifying the |
18 | staffing deficiencies and require the facility to provide a sufficiently detailed correction plan to |
19 | meet the statutory minimum staffing levels. |
20 | (4) Monetary penalties shall be established based on a formula that calculates on a daily |
21 | basis the cost of wages and benefits for the missing staffing hours. |
22 | (5) All notices of noncompliance shall include the computations used to determine |
23 | noncompliance and establishing the variance between minimum staffing ratios and the |
24 | department’s computations. |
25 | (6) The penalty for the first offense shall be two hundred percent (200%) of the cost of |
26 | wages and benefits for the missing staffing hours. The penalty shall increase to two hundred fifty |
27 | percent (250%) of the cost of wages and benefits for the missing staffing hours for the second |
28 | offense and three hundred percent (300%) of the cost of wages and benefits for the missing |
29 | staffing hours for the third and all subsequent offenses. |
30 | (7) For facilities that have an offense in three (3) consecutive quarters, EOHHS shall |
31 | deny any further Medicaid Assistance payments with respect to all individuals entitled to benefits |
32 | who are admitted to the facility on or after January 1, 2022, or shall freeze admissions of new |
33 | residents. |
34 | (c)(1) The penalty shall be imposed regardless of whether the facility has committed |
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1 | other violations of this chapter during the same period that the staffing offense occurred. |
2 | (2) The penalty may not be waived except as provided in subsection (c)(3) of this section, |
3 | but the department shall have the discretion to determine the gravity of the violation in situations |
4 | where there is no more than a ten percent (10%) deviation from the staffing requirements and |
5 | make appropriate adjustments to the penalty. |
6 | (2) Beginning July 1, 2025, the Department shall impose a fine of up to one thousand |
7 | dollars ($1,000.00) per day for each day in a quarter in which a facility fails to comply with the |
8 | minimum nursing staff requirements for the quarterly average, unless mitigating factors exist. |
9 | The department may reduce penalties, to an amount no lower than two hundred and fifty dollars |
10 | ($250.00) per day in a quarter that a facility is non-compliant, if the department determines, in its |
11 | sole discretion, that any of the following mitigating circumstances existed during the period of |
12 | non-compliance: |
13 | (a) (i) Extraordinary circumstances faced the facility. For the purposes of this clause, |
14 | extraordinary circumstances shall mean that the facility experienced a natural disaster; a |
15 | national emergency affecting the facility has been officially declared; a State or |
16 | municipal emergency affecting the facility has been declared; or the facility experienced |
17 | a catastrophic event that caused physical damage to the facility or impaired the ability of |
18 | facility personnel to access the facility. Provided, however, that the facility must first |
19 | demonstrate, to the satisfaction of the department that such extraordinary circumstances |
20 | could not have been prevented or mitigated through effective implementation of any of |
21 | the facility’s emergency plans, or |
22 | (b) (ii) An acute labor supply shortage of nurse aides, certified nurse aides, licensed |
23 | practical nurses, or registered nurses exists in the metropolitan and nonmetropolitan area |
24 | in which the facility is located, as such areas are defined by the federal Bureau of Labor |
25 | Statistics. |
26 | (3) The department is granted discretion to waive the penalty when unforeseen |
27 | circumstances have occurred that resulted in call-offs of scheduled staff. This provision shall be |
28 | applied no more than two (2) times per calendar year. |
29 | (3) A nursing facility may seek from the Department a waiver of the minimum direct care |
30 | staffing requirements required hereunder. In deciding on the waiver request, the Director’s |
31 | determination shall be based on one or more of the following: |
32 | (i) the acuity levels of residents and how stable those levels are based on the case mix of |
33 | residents; |
34 | (ii) documented evidence of the facility’s inability to meet minimum staffing |
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1 | requirements, despite best efforts, such as offering wages at competitive rates for nursing facility |
2 | staff in the community; |
3 | (iii) whether the facility has undergone a system-wide culture change as described in § |
4 | 23-17-44(d) and the impact the facility asserts that such change has had on resident care; and |
5 | (iv) the quality performance of the nursing facility, as evidenced by a four- or five-star |
6 | overall rating from the Centers for Medicare or Medicaid Services (“CMS”), or a four- or five- |
7 | star overall rating in the areas of quality or staffing, or consistent survey performance with no |
8 | deficiencies at the substandard level of care scope and severity or higher. |
9 | Waivers may be granted for periods up to one year, after which a renewal must be |
10 | requested by the facility. The Department may seek input from the Rhode Island Department of |
11 | Labor and Training concerning labor availability in connection with any waiver request under this |
12 | section. |
13 | (4) Nothing in this section diminishes a facility’s right to appeal pursuant to the |
14 | provisions of chapter 35 of title 42 (“administrative procedures”). |
15 | (d)(1) Pursuant to rules and regulations established by the department, funds that are |
16 | received from financial penalties shall be used for technical assistance or specialized direct care |
17 | staff training. |
18 | (2) The assessment of a penalty does not supplant the state’s investigation process or |
19 | issuance of deficiencies or citations under this title. |
20 | (3) A notice of noncompliance, whether or not the penalty is waived, and the penalty |
21 | assessment shall be prominently posted in the nursing facility and included on the department’s |
22 | website. |
23 | (4) Fines for periods prior to the third quarter of 2025 shall be waived and forgiven. |
24 | 23-17.5-34. Nursing staff posting requirements. |
25 | (a) Each nursing facility shall post its daily direct care nurse staff levels by shift in a |
26 | public place within the nursing facility that is readily accessible to and visible by residents, |
27 | employees, and visitors. The posting shall be accurate to the actual number of direct care nursing |
28 | staff on duty for each shift per day. The posting shall be in a format prescribed by the director, to |
29 | include: |
30 | (1) The number of registered nurses, licensed practical nurses, certified nursing assistants, |
31 | medication technicians, licensed physical therapists, licensed occupational therapists, licensed |
32 | speech-language pathologists, mental health workers who are also certified nurse assistants, and |
33 | physical therapist assistants; |
34 | (2) The number of temporary, outside agency nursing staff; |
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1 | (3) The resident census as of twelve o’clock (12:00) a.m.; and |
2 | (4) Documentation of the use of unpaid eating assistants (if utilized by the nursing facility |
3 | on that date). |
4 | (b) The posting information shall be maintained on file by the nursing facility for no less |
5 | than three (3) years and shall be made available to the public upon request. |
6 | (c) Each nursing facility shall report the information compiled pursuant to section (a) of |
7 | this section and in accordance with department of health regulations to the department of health |
8 | on a quarterly basis in an electronic format prescribed by the director. The director shall make |
9 | this information available to the public on a quarterly basis on the department of health website, |
10 | accompanied by a written explanation to assist members of the public in interpreting the |
11 | information reported pursuant to this section. |
12 | (d) In addition to the daily direct nurse staffing level reports, each nursing facility shall |
13 | post the following information in a legible format and in a conspicuous place readily accessible to |
14 | and visible by residents, employees, and visitors of the nursing facility: |
15 | (1) The minimum number of nursing facility direct care staff per shift that is required to |
16 | comply with the minimum staffing level requirements in § 23-17.5-32; and |
17 | (2) The telephone number or internet website that a resident, employee, or visitor of the |
18 | nursing facility may use to report a suspected violation by the nursing facility of a regulatory |
19 | requirement concerning staffing levels and direct patient care. |
20 | (e) No nursing facility shall discharge or in any manner discriminate or retaliate against |
21 | any resident of any nursing facility, or any relative, guardian, conservator, or sponsoring agency |
22 | thereof or against any employee of any nursing facility or against any other person because the |
23 | resident, relative, guardian, conservator, sponsoring agency, employee, or other person has filed |
24 | any complaint or instituted or caused to be instituted any proceeding under this chapter, or has |
25 | testified or is about to testify in any such proceeding or because of the exercise by the resident, |
26 | relative, guardian, conservator, sponsoring agency, employee, or other person on behalf of |
27 | himself, herself, or others of any right afforded by §§ 23-17.5-32, 23-17.5-33, and 23-17.5-34. |
28 | Notwithstanding any other provision of law to the contrary, any nursing facility that violates any |
29 | provision of this section shall: |
30 | (1) Be liable to the injured party for treble damages; and |
31 | (2)(i) Reinstate the employee, if the employee was terminated from employment in |
32 | violation of any provision of this section; or |
33 | (ii) Restore the resident to the resident’s living situation prior to such discrimination or |
34 | retaliation, including the resident’s housing arrangement or other living conditions within the |
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1 | nursing facility, as appropriate, if the resident’s living situation was changed in violation of any |
2 | provision of this section. For purposes of this section, “discriminate or retaliate” includes, but is |
3 | not limited to, the discharge, demotion, suspension, or any other detrimental change in terms or |
4 | conditions of employment or residency, or the threat of any such action. |
5 | (f)(1) The nursing facility shall prepare an annual report showing the average daily direct |
6 | care nurse staffing level for the nursing facility by shift and by category of nurse to include: |
7 | (i) Registered nurses; |
8 | (ii) Licensed practical nurses; |
9 | (iii) Certified nursing assistants; |
10 | (iv) Medication technicians; |
11 | (v) Licensed physical therapists; |
12 | (vi) Licensed occupational therapists; |
13 | (vii) Licensed speech-language pathologists; |
14 | (viii) Mental health workers who are also certified nurse assistants; |
15 | (ix) Physical therapist assistants; |
16 | (x) The use of registered and licensed practical nurses and certified nursing assistant staff |
17 | from temporary placement agencies; and Director of nursing services; |
18 | (xi) The nurse and certified nurse assistant turnover rates. Nurse (RNs/LPNs) with |
19 | administrative duties, |
20 | (xii) Certified Occupational Therapy Assistants; |
21 | (xiii) Licensed Respiratory Care Practitioner: |
22 | (xiv) Social Workers; |
23 | (xv) Activities Director/aides; |
24 | (xvi) nurse aide in training; |
25 | (xvii) The use of registered and licensed practical nurses and certified nursing assistant |
26 | staff from temporary placement agencies; and |
27 | (xviii) The nurse and certified nurse assistant turnover rates. |
28 | (2) The annual report shall be submitted with the nursing facility’s renewal application |
29 | and provide data for the previous twelve (12) months and ending on or after September 30, for the |
30 | year preceding the license renewal year. Annual reports shall be submitted in a format prescribed |
31 | by the director. |
32 | (g) The information on nurse staffing shall be reviewed as part of the nursing facility’s |
33 | annual licensing survey and shall be available to the public, both in printed form and on the |
34 | department’s website, by nursing facility. |
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1 | (h) The director of nurses may act as a charge nurse only when the nursing facility is |
2 | licensed for thirty (30) beds or less. |
3 | (i) Whenever the licensing agency determines, in the course of inspecting a nursing |
4 | facility, that additional staffing is necessary on any residential area to provide adequate nursing |
5 | care and treatment or to ensure the safety of residents, the licensing agency may require the |
6 | nursing facility to provide such additional staffing and any or all of the following actions shall be |
7 | taken to enforce compliance with the determination of the licensing agency: |
8 | (1) The nursing facility shall be cited for a deficiency and shall be required to augment its |
9 | staff within ten (10) days in accordance with the determination of the licensing agency; |
10 | (2) If failure to augment staffing is cited, the nursing facility shall be required to curtail |
11 | admission to the nursing facility; |
12 | (3) If a continued failure to augment staffing is cited, the nursing facility shall be |
13 | subjected to an immediate compliance order to increase the staffing, in accordance with § 23-1- |
14 | 21; or |
15 | (4) The sequence and inclusion or non-inclusion of the specific sanctions may be |
16 | modified in accordance with the severity of the deficiency in terms of its impact on the quality of |
17 | resident care. |
18 | (j) No nursing staff of any nursing facility shall be regularly scheduled for double shifts. |
19 | (k) A nursing facility that fails to comply with the provisions of this chapter, or any rules |
20 | or regulations adopted pursuant thereto, shall be subject to a penalty as determined by the |
21 | department. |
22 | SECTION 3. Section 33-21.1-23 of the General Laws Chapter 33-21.1 entitled “Deposit |
23 | of funds” is hereby amended to read as follows: |
24 | 33-21.1-23. Deposit of funds. |
25 | (a) Except as otherwise provided by this section, the administrator shall promptly deposit |
26 | in the general fund of this state all funds received under this chapter, Rhode Island Baby Bond |
27 | Trust a one-time $3,000 allocation for each designated beneficiary as defined in § 35-24-1 born in |
28 | the preceding calendar year, including the proceeds from the sale of abandoned property under § 33-21.1-22 |
29 | § 33-21.1-22. The administrator shall promptly deposit all remaining funds into the general fund of |
30 | this state, including the proceeds from the sale of abandoned property under § 33-21.1-22. The |
31 | administrator shall retain in a separate bank account an amount not less than one hundred thousand |
32 | dollars ($100,000) from which prompt payment of claims duly allowed must be made by him or |
33 | her. Before making the deposit, the administrator shall record the name and last known address of |
34 | each person appearing from the holders’ reports to be entitled to the property and the name and last |
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1 | known address of each insured person or annuitant and beneficiary and with respect to each policy |
2 | or contract listed in the report of an insurance company its number and the name of the company. |
3 | The record with the exception of the amount due must be available for public inspection at all |
4 | reasonable business hours. |
5 | (b) Before making any transfer from the account surplus pursuant to subsection (a) to the |
6 | credit of the general fund, the administrator may deduct: |
7 | (1) Any costs in connection with the sale of abandoned property; |
8 | (2) Costs of mailing and publication in connection with any abandoned property; |
9 | (3) Reasonable service charges; |
10 | (4) Costs incurred in examining records of holders of property and in collecting the |
11 | property from those holders; and |
12 | (5) Any other charges, costs or expenses incurred in the administration of this chapter. |
13 | SECTION 4. Title 35 of the General Laws entitled “Public Finance” is hereby amended by |
14 | adding thereto the following chapter: |
15 | CHAPTER 24 |
16 | RHODE ISLAND BABY BOND TRUST |
17 | 35-24-1. Definitions. |
18 | As used in this chapter: |
19 | (1) “Designated beneficiary” means an individual who is: (i) born on or after January 1, |
20 | 2026; and (ii) whose parent or guardian is enrolled in the Rhode Island Works Program pursuant |
21 | to R.I. Gen. Laws § 40-5.2-1, et seq. within the first twelve (12) months of their life. |
22 | (2) “Eligible expenditure” means an expenditure associated with any of the following: |
23 | (i) Continuing education of a designated beneficiary at an institution of higher learning, |
24 | trade school, vocational school, or professional apprenticeship program in Rhode Island; |
25 | (ii) Ownership of a home in Rhode Island by a designated beneficiary; |
26 | (iii) Ownership of a business with a principal place of business in Rhode Island by a |
27 | designated beneficiary; or |
28 | (iv) Any investment in financial assets or personal capital that provides long-term gains to |
29 | wages or wealth, as defined by regulation promulgated by the general treasurer. |
30 | (3) “Trust” means the Rhode Island Baby Bond Trust, which consists of: |
31 | (i) All money from public or private sources appropriated or made available to the state for |
32 | the benefit of the Trust; and |
33 | (ii) All earnings on the money in the trust. |
34 | 35-24-2. Establishment. |
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1 | (a) There is hereby established the Rhode Island Baby Bond Trust. The trust shall constitute |
2 | an instrumentality of the state and shall perform essential governmental functions as provided under |
3 | the provisions of this chapter. The trust shall receive and hold all payments and deposits or |
4 | contributions intended for the trust, as well as gifts, bequests, endowments or federal, state or local |
5 | grants and any other funds from any public or private source and all earnings until disbursed in |
6 | accordance with § 35-24-7. |
7 | (b) The amounts on deposit in the trust shall not constitute property of the state and the |
8 | trust shall not be construed to be a department, institution or agency of the state. Amounts on |
9 | deposit in the trust shall not be commingled with state funds and the state shall have no claim to or |
10 | against, or interest in, such funds. Any contract entered into by, or any obligation of, the trust shall |
11 | not constitute a debt or obligation of the state and the state shall have no obligation to any |
12 | designated beneficiary or any other person on account of the trust and all amounts obligated to be |
13 | paid from the trust shall be limited to amounts available for such obligation on deposit in the trust. |
14 | The amounts on deposit in the trust may only be disbursed in accordance with the provisions of this |
15 | chapter. The trust shall continue in existence as long as it holds any deposits or has any obligations |
16 | and until its existence is terminated by law. Upon termination, any unclaimed assets shall return to |
17 | the state. |
18 | (c) The general treasurer shall be responsible for the receipt, maintenance, administration, |
19 | investigation, and disbursements from the trust. The trust shall not receive deposits in any form |
20 | other than cash. |
21 | 35-24-3. Powers of the general treasurer. |
22 | (a) The general treasurer, on behalf of the trust and for purposes of the trust, may: |
23 | (1) Receive and invest moneys in the trust in any instruments, obligations, securities or |
24 | property in accordance with the provisions of this chapter; |
25 | (2) Enter into one or more contractual agreements, including contracts for legal, actuarial, |
26 | accounting, custodial, advisory, management, administrative, advertising, marketing and |
27 | consulting services from the trust and pay for such services from the gains and earnings of the trust; |
28 | (3) Procure insurance in connection with the trust’s property, assets, activities or deposits |
29 | to the trust; |
30 | (4) Apply for, accept and expend gifts, grants or donations from public or private sources |
31 | to enable the trust to carry out its objectives; |
32 | (5) Adopt rules and regulations it deems necessary to effectuate the purposes of this |
33 | chapter; |
34 | (6) Sue and be sued; |
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1 | (7) Establish one or more funds within the trust and maintain separate accounts for each |
2 | designated beneficiary; and |
3 | (8) Take any other action necessary to effectuate the purposes of this chapter, and incidental |
4 | to the duties imposed on the general treasurer pursuant to this chapter. |
5 | (b) The general treasurer shall create a process within the office of the general treasurer to |
6 | determine whether an expenditure proposed by a designated beneficiary is an eligible expenditure |
7 | before the designated beneficiary is to receive any distribution under § 35-24-7. |
8 | 35-24-4. Investment of funds in the trust. |
9 | Notwithstanding the provisions of § 35-10-12 to § 35-10-14, inclusive, the general |
10 | treasurer shall invest the amounts on deposit in the trust in a manner reasonable and appropriate to |
11 | achieve the objectives of the trust, exercising the discretion and care of a prudent person in similar |
12 | circumstances with similar objectives. The general treasurer shall give due consideration to rate of |
13 | return, risk, term or maturity, diversification of the portfolio within the trust, liquidity, the projected |
14 | disbursements of the total portfolio within the trust, liquidity, the projected disbursements and |
15 | expenditures and the expected payments, deposits, contributions and gifts to be received. The |
16 | general treasurer shall not require the trust to invest directly in obligations of the state or any |
17 | political subdivision of the state or in any investment or other fund administered by the general |
18 | treasurer. The assets of the trust shall be continuously invested and reinvested in a manner |
19 | consistent with the objectives of the trust until disbursed for eligible expenditures as defined by this |
20 | act or expended on expenses incurred by the operations of the trust. |
21 | 35-24-5. Exemption from taxation. |
22 | (a) The property of the trust and the earnings on the trust shall be exempt from all taxation |
23 | by the state and all political subdivisions of the state. Distributions made pursuant to § 35-24-7 |
24 | shall be considered income subject to taxation in accordance with chapter 30 title 44 and shall be |
25 | subject to federal and state withholdings. |
26 | (b) The tax administrator may adopt rules and regulations necessary to monitor, implement, |
27 | and administer the Rhode Island personal income tax provisions referred to in subsection (a) of this |
28 | section. |
29 | 35-24-6. Moneys invested in trust not considered assets or income. |
30 | Except as otherwise required by federal law, any money deposited into the trust and |
31 | credited to a designated beneficiary, and any increase in the values thereof, shall not be used to |
32 | calculate the personal assets of a designated beneficiary for purposes of determining income |
33 | eligibility of the designated beneficiary for state or local assistance programs including: |
34 | (1) Any disability, medical or other health benefits administered by the state; and |
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1 | (2) Any student loan program, student grant program or other student financial program |
2 | administered by the state. |
3 | 35-24-7. Accounting for designated beneficiary. Claim for accounting. |
4 | (a) The general treasurer shall establish in the Rhode Island Baby Bond Trust an accounting |
5 | for each designated beneficiary. Each such account shall include the amount transferred to the trust |
6 | pursuant to § 35-24-8, plus the designated beneficiary’s pro rata share of total net earnings from |
7 | investments of sums as determined by the general treasurer and held in the trust. |
8 | (b) The Department of Human Services shall notify the office of the general treasurer of |
9 | the birth or enrollment of each designated beneficiary. |
10 | (c) Upon a designated beneficiary’s eighteenth birthday, if such a beneficiary is a resident |
11 | of the state and has been for the two (2) years immediately preceding receipt of any distribution |
12 | under this section, such beneficiary shall become eligible to receive the total sum of the accounting |
13 | under subsection (a) of this section to be used for eligible expenditures. |
14 | (d) A designated beneficiary must submit a claim that meets the requirements set forth in |
15 | this chapter before the designated beneficiary reaches thirty five (35) years of age. |
16 | (e) If a designated beneficiary is deceased before their eighteenth birthday, does not submit |
17 | a timely claim, or is no longer a resident of the state upon reaching thirty five (35) years of age, |
18 | such accounting shall be credited back to the general fund of the state. |
19 | (f) The general treasurer shall furnish each eligible beneficiary with an annual statement |
20 | relating to the individual’s accounting, which shall include: |
21 | (1) A statement of the balance attributable to the individual; |
22 | (2) A projection of the balance’s growth by the time the individual attains the age of |
23 | eighteen (18); |
24 | (3) Resources and information to promote financial wellness and literacy of the designated |
25 | beneficiary; and |
26 | (4) Such other information as the general treasurer deems relevant. |
27 | 35-24-8. Transfer to trust upon birth of designated beneficiary. |
28 | (a) Upon the birth of a designated beneficiary, the general treasurer shall allocate three |
29 | thousand dollars ($3,000) from the trust to be credited toward the accounting of such designated |
30 | beneficiary pursuant to § 35-24-7. |
31 | SECTION 5. This article shall take effect upon passage, except for section 3 and section 4, |
32 | which shall take effect on July 1, 2026. |
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1 | ARTICLE 11 |
2 | RELATING TO ASSAULT WEAPONS |
3 | SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby |
4 | amended by adding thereto the following chapter: |
5 | CHAPTER 47.2 |
6 | ASSAULT WEAPONS |
7 | 11-47.2-1. Short title. |
8 | This chapter shall be known and may be cited as the "Rhode Island Assault Weapons Ban |
9 | of 2025." |
10 | 11-47.2-2. Definitions. |
11 | When used in this chapter: |
12 | (1) "Ammunition feeding device" means a magazine, box, drum, tube, belt, feed strip, or |
13 | device which is capable of holding ammunition to be fed continuously and directly therefrom into |
14 | a semi-automatic firearm. The term shall not include an attached tubular device which is capable |
15 | of holding only .22 caliber rimfire ammunition. |
16 | (2) "Assault weapon" means: |
17 | (i) A semi-automatic shotgun that has at least one of the following: |
18 | (A) A fixed magazine capacity exceeding eight (8) rounds; |
19 | (B) The ability to accept a detachable magazine, or that may be readily |
20 | modified to accept a detachable magazine; |
21 | (C) A folding or telescopic stock; or |
22 | (D) A grenade launcher. |
23 | (ii) Any shotgun with a revolving cylinder. |
24 | (iii) A semi-automatic rifle with a fixed magazine capacity exceeding ten (10) |
25 | rounds. |
26 | (iv) A semi-automatic rifle that has the ability to accept a detachable magazine, or |
27 | that may be readily modified to accept a detachable magazine, and has at least one |
28 | of the following features: |
29 | (A) A folding, telescoping, or detachable stock, or a stock that is otherwise |
30 | foldable or adjustable in a manner that operates to reduce the length, size, |
31 | or any other dimension, or otherwise enhances the concealability of the |
32 | weapon; |
33 | (B) A bayonet mount; |
34 | (C) A grenade launcher; or |
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1 | (D) A shroud attached to the barrel or that partially or completely encircles |
2 | the barrel, allowing the bearer to hold the firearm with the non-trigger hand |
3 | without being burned, but excluding a slide that encloses the barrel. |
4 | (v) A semi-automatic pistol that has a fixed magazine capacity exceeding ten (10) |
5 | rounds. |
6 | (vi) A semi-automatic pistol that has an ability to accept a detachable magazine, or |
7 | that may be readily modified to accept a detachable magazine, and has at least one |
8 | of the following: |
9 | (A) The capacity to accept an ammunition magazine at a location outside |
10 | of the pistol grip; |
11 | (B) A threaded barrel capable of accepting a barrel extender, a non pin- |
12 | welded flash suppressor, forward handgrip, or silencer; |
13 | (C) A shroud that is attached to, or partially or completely encircles, the |
14 | barrel and that permits the shooter to hold the firearm with the non-trigger |
15 | hand without being burned but excluding a slide that encloses the barrel; |
16 | (D) A manufactured weight of fifty ounces (50 oz.) or more when the |
17 | pistol is unloaded; or |
18 | (E) A buffer tube, arm brace, or other part that protrudes horizontally |
19 | behind the pistol grip and is designed or redesigned to allow or facilitate |
20 | firing the weapon from the shoulder. |
21 | (vii) A semi-automatic firearm that has the capacity to accept belt ammunition |
22 | feeding device. |
23 | (viii) Any firearm that has been modified to be operable as an assault weapon as |
24 | defined in this section. |
25 | (ix) A combination of parts in the possession or under the control of the same |
26 | person from which an assault weapon as defined in this section may be readily |
27 | assembled. |
28 | (x) "Assault weapon" shall not include a semi-automatic rifle which has an |
29 | attached tubular device and which is capable of operating only with .22 caliber |
30 | rimfire ammunition. |
31 | (3) "Detachable magazine" means an ammunition feeding device that attaches to a firearm |
32 | and which can be removed without disassembly of the firearm, including an ammunition feeding |
33 | device that may be readily removed from a firearm with the use of a bullet, cartridge, accessory, or |
34 | other tool, or any other object that functions as a tool. |
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1 | (4) "Federally licensed firearm dealer" means a person who holds a valid federal firearm |
2 | dealers license issued pursuant to 18 U.S.C. § 923(a). |
3 | (6) "Fixed magazine" means an ammunition feeding device that is permanently fixed to the |
4 | firearm in such a manner that it cannot be removed without disassembly of the firearm, or contained |
5 | in and not removable from a firearm, or that is otherwise not a detachable magazine, but does not |
6 | include an attached tubular device designed to accept, and capable of operating only with, .22 |
7 | caliber rimfire ammunition. |
8 | (7) "Folding, telescoping, or detachable stock" means a stock that folds, telescopes, |
9 | detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise |
10 | enhances the concealability, of a firearm. |
11 | (8) "Forward grip" means a grip or handle located forward of the trigger. |
12 | (9) "Grandfathered assault weapon" means any assault weapon for which a certificate of |
13 | possession has been issued pursuant to § 11-47.2-4. |
14 | (10) "Grenade launcher" means a device designed to fire, launch or propel a grenade. |
15 | (11) "Pistol grip" means a well-defined handle, similar to that found on a handgun, that |
16 | protrudes conspicuously beneath the action of the weapon, and which permits the firearm to be held |
17 | and fired with one hand. |
18 | (12) "Secure storage" means a firearm that is stored in a locked container or equipped with |
19 | a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such |
20 | weapon inoperable by any person other than the owner or other lawfully authorized user. |
21 | (13) "Semi-automatic" means a firearm which fires a single projectile for each single pull |
22 | of the trigger and is self-reloading or automatically chambers a round, cartridge, or bullet. |
23 | (14) "Threaded barrel" means threads on the muzzle end of a barrel and shall include, but |
24 | not be limited to, any barrel on which a flash suppressor, muzzle brake or silencer has been attached. |
25 | 11-47.2-3. Restrictions on manufacture, sale, purchase and possession of assault |
26 | weapons. |
27 | (a) No person shall manufacture, sell, offer to sell, transfer, purchase, possess, or have |
28 | under his or her control an assault weapon, except as otherwise authorized under this section. Any |
29 | person convicted of violating this subsection shall be punished by imprisonment of not more than |
30 | ten (10) years, or by a fine up to ten thousand dollars ($10,000), and the assault weapon shall be |
31 | subject to forfeiture. |
32 | (b) Subsection (a) of this section shall not apply to: |
33 | (1) A person who, on the effective date of this chapter, lawfully possessed an |
34 | assault weapon and who, within one year of the effective date of this chapter: |
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1 | (i) Registers the assault weapon with the police department in the city or |
2 | town where the person resides or, if there is no such police department or |
3 | the person resides out of state, with the Rhode Island state police in |
4 | accordance with the provisions of this chapter; or |
5 | (ii) Renders the assault weapon permanently inoperable, as provided in |
6 | subsection (f) of this section; or |
7 | (iii) Surrenders the assault weapon to the police department in the city or |
8 | town where the person resides, or, if there is no such police department or |
9 | the person resides out of state, to the Rhode Island state police, in |
10 | accordance with the procedures for surrender of weapons set forth by the |
11 | police department or the Rhode Island state police; |
12 | (iv) Surrenders the assault weapon to any police station or other location |
13 | designated as a site of a bona fide “gun buy-back” program, but only if |
14 | said weapon is unloaded and any ammunition for said weapon is not |
15 | readily or directly accessible from the passenger compartment of such |
16 | vehicle while transporting same and further provided, that in the case of a |
17 | vehicle without a compartment separate from the passenger compartment, |
18 | the weapon or the ammunition shall be stored in a locked container; or |
19 | (v) Transfers or sells the assault weapon to a federally licensed firearm |
20 | dealer or person or firm lawfully entitled to own or possess such weapon. |
21 | (2) A federally licensed firearms dealer who manufactures, purchases, possesses |
22 | or has under his or her control an assault weapon, or who sells, offers to sell, or |
23 | transfers an assault weapon to another federally licensed firearms dealer, to an |
24 | entity identified in subsection (b)(3) of this section, or to an individual outside the |
25 | state who may lawfully possess such weapon. |
26 | (3) A law enforcement agency, acting under authority of the United States, the |
27 | State or any of its political subdivisions, to import, possess, or transfer an assault |
28 | weapon. |
29 | (4) A law enforcement officer to possess or have under his or her control an assault |
30 | weapon received through the authority of the United States or any department or |
31 | agency thereof; a state or a department, agency, or political subdivision thereof; a |
32 | municipality or a department or agency thereof or a federally recognized Indian |
33 | tribe or a department or agency thereof for purposes of employment provided said |
34 | officer is not otherwise prohibited from receiving such a weapon and who is either: |
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1 | (i) Exempt under §§ 11-47-9 and 11-47-9.1; or |
2 | (ii) A qualified law enforcement officer under 18 U.S.C. 926B(c) and who |
3 | is carrying the identification required by 18 U.S.C. 926B(d); |
4 | (d) Notwithstanding subsection (a), an active duty member of the armed forces of the |
5 | United States or the national guard, or a member of the United States military reserves, may possess |
6 | or have under his or her control an assault weapon when he or she is acting in the commission of |
7 | the member’s official duty. |
8 | (e) If the holder of a certificate to possess an assault weapon dies, or if the owner of an |
9 | assault weapon which has been registered pursuant to this chapter dies, then the heir(s) or estate of |
10 | the deceased person shall have one hundred eighty (180) days from the date of death to transfer the |
11 | firearm to a federally licensed firearm dealer or person or firm lawfully entitled to own or possess |
12 | such firearm; voluntarily surrender the firearm to the police department in the city or town where |
13 | the deceased resided, or to the Rhode Island state police; remove the assault weapon from the state; |
14 | within ninety (90) days of obtaining title, register the assault weapon in accordance with the |
15 | provisions of § 11-47.2-4; or, render such weapon permanently inoperable. |
16 | (f) If the owner of an assault weapon elects to render such weapon permanently inoperable, |
17 | the owner shall file a certification under penalty of perjury on a form prescribed by the |
18 | superintendent of the state police indicating the date on which the assault weapon was rendered |
19 | permanently inoperable. This certification shall be filed with either the chief law enforcement |
20 | officer of the municipality in which the owner resides or, if there is no such police department or |
21 | in the case of an owner who resides outside this state but stores or possesses an assault weapon in |
22 | this state, with the superintendent of the state police. For purposes of this section, "permanently |
23 | inoperable" shall mean that the assault weapon is altered in such a manner that it is incapable of |
24 | discharging a shot by means of an explosive and incapable of being readily restored to a firing |
25 | condition. |
26 | 11-47.2-4. Registration of assault weapons. |
27 | (a) Notwithstanding the provisions of § 11-47-41, the owner of an assault weapon lawfully |
28 | possessed on or before the effective date of this statute shall have one year from the effective date |
29 | of this statute to register that weapon. To register an assault weapon, the owner shall: |
30 | (1) Complete an assault weapon registration statement, in the form to be prescribed |
31 | by the superintendent of the state police; |
32 | (2) Submit to a fingerprint-supported criminal background check to ascertain |
33 | whether the person is disqualified from the lawful possession of firearms; and, |
34 | (3) Pay a registration fee of twenty-five dollars ($25.00) per each person |
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1 | registering one or more assault weapons; |
2 | (b) The information to be provided in the registration statement shall include: |
3 | (1) The full name, date of birth, address, motor vehicle operator’s license number |
4 | or state identification card number of the registrant; |
5 | (2) The make, model, caliber, and serial number of the assault weapon being |
6 | registered; and |
7 | (3) Each registration statement shall be signed by the registrant, and the signature |
8 | shall constitute a representation of the accuracy of the information contained in the |
9 | registration statement. |
10 | (c) For an applicant who resides in a municipality with an organized full-time police |
11 | department, the registration shall take place at the main office of the police department. For all |
12 | other applicants, the registration shall take place at a Rhode Island state police barracks. |
13 | (d) Within ninety (90) days of the effective date of this chapter, the superintendent of the |
14 | state police shall prepare the registration statement as described in subsection (a) of this section and |
15 | a certificate of inoperability as described in § 11-47.2-3(f), and shall provide a suitable supply of |
16 | such statements to each organized full-time municipal police department and each state police |
17 | barracks. |
18 | (e) One copy of the completed assault weapons registration statement shall be returned to |
19 | the registrant and shall constitute a certificate of possession of that assault weapon. A second copy |
20 | shall be sent to the superintendent, and, if the registration takes place at a municipal police |
21 | department, a third copy shall be retained by that municipal police department. A fourth copy of |
22 | the registration statement shall be sent to the attorney general. |
23 | (f) A certificate of possession shall only authorize the possession of the assault weapon |
24 | specified in the certificate. Any person in possession of multiple assault weapons on the effective |
25 | date of this chapter must submit a separate registration statement to obtain a certificate of |
26 | possession for each of the assault weapons of which they wish to retain possession; provided, |
27 | however, that only one registration fee of twenty-five dollars ($25.00) shall be collected pursuant |
28 | to subsection (a)(3) of this section. |
29 | (g) The name and address of a person issued a certificate of possession shall be kept |
30 | confidential and shall not be disclosed without a lawful court order, except such records may be |
31 | disclosed to state or federal law enforcement officers and state and federal probation and parole |
32 | officers acting in the performance of their duties. |
33 | 11-47.2-5. Use and possession of assault weapons with certificate of possession. |
34 | (a) Any person who has been issued a certificate of possession for an assault weapon as |
| LC000670 - Page 267 of 270 |
1 | provided for in this chapter, may possess the assault weapon only under the following conditions: |
2 | (1) At that person's residence, or place of business or other property owned by that |
3 | person, except the grandfathered assault weapon shall be kept in secure storage |
4 | when not in the immediate possession and control and as required by § 11-47-60.1; |
5 | (2) While on a target range which holds a regulatory or business license for the |
6 | purpose of practicing shooting at that target range; |
7 | (3) While on the premises of a licensed shooting club; |
8 | (4) While attending any exhibition, display or educational project which is about |
9 | firearms and which is sponsored by, conducted under the auspices of, or approved |
10 | by a law enforcement agency or a nationally or state recognized entity that fosters |
11 | proficiency in, or promotes education about, firearms; |
12 | (5) While transporting the grandfathered assault weapon to any federally licensed |
13 | firearm dealer for servicing, repair or sale; or |
14 | (6) While transporting an assault weapon for lawful use between any of the places |
15 | set forth in subsections (a)(1) through (a)(5) of this section or for lawful use out- |
16 | of-state; provided, the assault weapon is placed in a secure storage. |
17 | (b) Any person who violates the provisions of subsection (a) of this section, shall be fined |
18 | not more than two thousand five hundred dollars ($2,500) or imprisoned not more than three (3) |
19 | years, or both, and shall be subject to forfeiture of the assault weapon pursuant to § 11-47-22. |
20 | 11-47.2-6. Licensed firearm dealers -- Certificate of transfer. |
21 | (a) If an owner of a grandfathered assault weapon sells or transfers the assault weapon to a |
22 | federally licensed firearm dealer, such dealer shall, at the time of delivery of the firearm, in addition |
23 | to any other reports required by law, execute a certificate of transfer and cause copies of the |
24 | certificate of transfer to be mailed or delivered to the superintendent of the state police and the |
25 | attorney general. |
26 | (b) The certificate of transfer shall contain: |
27 | (1) The date of sale or transfer; |
28 | (2) The full name, date of birth, address, motor vehicle operator’s license number |
29 | or state identification card number of the seller or transferor; |
30 | (3) The federally licensed firearm dealer's federal firearms license number and |
31 | seller or transferor's certificate of possession number; and |
32 | (4) A description of the grandfathered assault weapon, including the caliber of the |
33 | assault weapon and its make, model and serial number. |
34 | (c) The federally licensed firearm dealer shall retain possession of the seller or transferor’s |
| LC000670 - Page 268 of 270 |
1 | certificate of possession and affix the certificate of possession to the certificate of transfer before |
2 | mailing or delivering copies of the certificate of transfer to the superintendent of the state police |
3 | and the attorney general. |
4 | (d) A federally licensed firearm dealer may receive and possess a lawfully grandfathered |
5 | assault weapon at their business premises, lawfully transport the grandfathered assault weapon |
6 | between dealers or out of the state, or lawfully sell or transfer the firearm outside the state. |
7 | (e) A federally licensed firearm dealer may take possession of a grandfathered assault |
8 | weapon for the purposes of servicing or repair from any person to whom certificate of possession |
9 | for such weapon has been issued pursuant this chapter. |
10 | (f) A federally licensed firearm dealer may temporarily transfer possession of a |
11 | grandfathered assault weapon received pursuant to subsection (a) of this section to another federally |
12 | licensed firearm dealer for the purpose of servicing or repairing the firearm. |
13 | 11-47.2-7. Severability. |
14 | If any provisions of the act or the application thereof to any person or circumstances is held |
15 | invalid, such invalidity shall not affect any other provisions or applications of this act, which can |
16 | be given effect without the invalid provision or application, and to this end the provisions of this |
17 | act are declared to be severable. |
18 | SECTION 2. This article shall take effect upon passage. |
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1 | ARTICLE 12 |
2 | RELATING TO EFFECTIVE DATE |
3 | SECTION 1. This act shall take effect as of July 1, 2025, except as otherwise |
4 | provided herein. |
5 | SECTION 2. This article shall take effect upon passage. |
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