H7133

	2014 -- H 7133
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	LC003615
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2014
	____________
	A N A C T
	RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR
	THE FISCAL YEAR ENDING JUNE 30, 2015

	Introduced By: Representative Raymond E.Gallison
	Date Introduced: January 16, 2014
	Referred To: House Finance
	(Governor)
	It is enacted by the General Assembly as follows:
1	ARTICLE 1
2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2015
3	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
4	in this act, the following general revenue amounts are hereby appropriated out of any money in
5	the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
6	2015. The amounts identified for federal funds and restricted receipts shall be made available
7	pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the
8	purposes and functions hereinafter mentioned, the state controller is hereby authorized and
9	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
10	portions thereof as may be required from time to time upon receipt by him or her of properly
11	authenticated vouchers.
12	Administration
13	Central Management
14	General Revenues 1,999,772
15	Office of Digital Excellence 908,192
16	Total – General Revenues 2,907,964
17	Total – Central Management 2,907,964
18	Legal Services

1	General Revenues 2,039,872
2	Total – Legal Services 2,039,872
3	Accounts and Control
4	General Revenues 4,033,748
5	Total – Accounts and Control 4,033,748
6	Office of Management and Budget
7	General Revenues 4,154,611
8	Restricted Receipts 61,374
9	Total – Office of Management and Budget 4,215,985
10	Purchasing
11	General Revenues 2,735,956
12	Other Funds 308,496
13	Total – Purchasing 3,044,452
14	Auditing
15	General Revenues 1,434,565
16	Total – Auditing 1,434,565
17	Human Resources
18	General Revenues 7,830,548
19	Federal Funds 766,793
20	Restricted Receipts 461,639
21	Other Funds 1,547,079
22	Total – Human Resources 10,606,059
23	Personnel Appeal Board
24	General Revenues 75,216
25	Total – Personnel Appeal Board 75,216
26	Facilities Management
27	General Revenues 30,816,117
28	Federal Funds 1,155,237
29	Restricted Receipts 462,262
30	Other Funds 3,322,025
31	Total – Facilities Management 35,755,641
32	Capital Projects and Property Management
33	General Revenues 1,278,254
34	Total – Capital Projects and Property Management 1,278,254
	LC003615 - Page 2 of 245
1	Information Technology
2	General Revenues 19,377,273
3	Federal Funds 6,631,482
4	Restricted Receipts 4,099,027
5	Other Funds 3,701,511
6	Total – Information Technology 33,809,293
7	Library and Information Services
8	General Revenues 881,464
9	Federal Funds 1,184,567
10	Restricted Receipts 653
11	Total – Library and Information Services 2,066,684
12	Planning
13	General Revenues 4,442,778
14	Federal Funds 12,662,645
15	Other Funds
16	Federal Highway – PL Systems Planning 2,984,304
17	Air Quality Modeling 22,875
18	Other Funds Total 3,007,179
19	Total – Planning 20,112,602
20	General
21	General Revenues
22	Rhode Island Commerce Corporation 5,395,572
23	RICC – Airport Impact Aid 1,025,000
24	Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
25	distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
26	the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
27	(40%) of the first $1,000,000 shall be distributed based on the share of landings during the
28	calendar year 2014 at North Central Airport, Newport-Middletown Airport, Block Island Airport,
29	Quonset Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island
30	Commerce Corporation shall make an impact payment to the towns or cities in which the airport
31	is located based on this calculation. Each community upon which any parts of the above airports
32	are located shall receive at least $25,000.
33	RICC – EPScore (Research Alliance) 1,150,000
34	Innovative Matching Grants 500,000
	LC003615 - Page 3 of 245
1	Miscellaneous Grants/Payments 146,049
2	Slater Centers of Excellence 500,000
3	Torts – Courts/Awards 400,000
4	Current Care/Health Information Exchange 225,000
5	I-195 Commission 301,000
6	RI Film and Television Office 310,312
7	State Employees/Teachers Retiree Health Subsidy 2,321,057
8	Resource Sharing and State Library Aid 8,773,398
9	Library Construction Aid 2,331,589
10	General Revenue Total 23,378,977
11	Federal Funds 4,345,555
12	Restricted Receipts 421,500
13	Other Funds
14	Rhode Island Capital Plan Fund
15	Statehouse Renovations 3,000,000
16	DoIT Enterprise Operations Center 250,000
17	Cranston Street Armory 1,000,000
18	Cannon Building 440,000
19	Zambarano Building Rehabilitation 500,000
20	Pastore Center Rehab DOA Portion 3,150,000
21	Old State House 1,445,000
22	State Office Building 1,700,000
23	Old Colony House 100,000
24	William Powers Building 1,475,000
25	Fire Code Compliance State Buildings 500,000
26	Pastore Center Fire Code Compliance 1,300,000
27	Pastore Center Utility Systems Upgrade 2,600,000
28	Replacement of Fueling Tanks 300,000
29	Environmental Compliance 200,000
30	Big River Management Area 120,000
31	Pastore Center Building Demolition 1,500,000
32	Washington County Government Center 225,000
33	Chapin Health Laboratory 1,250,000
34	Pastore Center Parking 890,000
	LC003615 - Page 4 of 245
1	Pastore Center Water Tanks 250,000
2	Pastore Cottages Rehab 800,000
3	Ladd Center Building Demolition 2,100,000
4	I-195 Commission 250,000
5	RI Convention Center Authority 1,000,000
6	Dunkin Donuts Center 1,387,500
7	Mathias 800,000
8	Pastore Center Power Plant 194,723
9	Harrington Hall Renovations 1,400,000
10	McCoy Stadium 50,000
11	Other Funds Total 30,177,223
12	Total – General 58,323,255
13	Debt Service Payments
14	General Revenues 187,623,893
15	Out of the general revenue appropriations for debt service, the General Treasurer is
16	authorized to make payments for the I-195 Redevelopment District Commission loan up to the
17	maximum debt service due in accordance with the loan agreement.
18	Federal Funds 2,667,399
19	Restricted Receipts 2,089,305
20	Other Funds
21	Transportation Debt Service 26,828,667
22	Investment Receipts – Bond Funds 100,000
23	COPS – DLT Building – TDI 271,653
24	Other Funds Total 27,200,320
25	Total - Debt Service Payments 219,580,917
26	Energy Resources
27	Federal Funds 524,775
28	Restricted Receipts 5,265,426
29	Total – Energy Resources 5,790,201
30	Rhode Island Health Benefits Exchange
31	Federal Funds 23,433,222
32	Total – Rhode Island Health Benefits Exchange 23,433,222
33	Construction Permitting, Approvals and Licensing
34	General Revenues 1,483,525
	LC003615 - Page 5 of 245
1	Restricted Receipts 1,339,903
2	Total – Construction Permitting, Approvals and Licensing 2,823,428
3	Office of Diversity, Equity & Opportunity
4	General Revenues 1,101,170
5	Federal Funds 82,284
6	Total – Office of Diversity, Equity & Opportunity 1,183,454
7	Grand Total – General Revenue Funds 295,595,931
8	Grand Total – Administration 432,514,812
9	Business Regulation
10	Central Management
11	General Revenues 1,234,949
12	Total – Central Management 1,234,949
13	Banking Regulation
14	General Revenues 1,514,260
15	Restricted Receipts 50,000
16	Total – Banking Regulation 1,564,260
17	Securities Regulation
18	General Revenues 1,009,651
19	Restricted Receipts 3,500
20	Total – Securities Regulation 1,013,151
21	Insurance Regulation
22	General Revenues 3,883,238
23	Restricted Receipts 1,294,012
24	Total – Insurance Regulation 5,177,250
25	Office of the Health Insurance Commissioner
26	General Revenues 507,142
27	Federal Funds 2,021,830
28	Restricted Receipts 10,500
29	Total – Office of the Health Insurance Commissioner 2,539,472
30	Board of Accountancy
31	General Revenues 16,654
32	Total – Board of Accountancy 16,654
33	Commercial Licensing, Racing & Athletics
34	General Revenues 586,948
	LC003615 - Page 6 of 245
1	Restricted Receipts 583,111
2	Total – Commercial Licensing, Racing & Athletics 1,170,059
3	Boards for Design Professionals
4	General Revenues 260,635
5	Total – Boards for Design Professionals 260,635
6	Grand Total – General Revenue Funds 9,013,477
7	Grand Total – Business Regulation 12,976,430
8	Labor and Training
9	Central Management
10	General Revenues 93,361
11	Restricted Receipts 337,854
12	Other Funds
13	Rhode Island Capital Plan Fund
14	Center General Building Roof 505,996
15	Center General Asset Protection 1,500,000
16	Other Funds Total 2,005,996
17	Total – Central Management 2,437,211
18	Workforce Development Services
19	General Funds 1,661,269
20	Federal Funds 23,892,612
21	Restricted Receipts 8,354,795
22	Other Funds 75,000
23	Total – Workforce Development Services 33,983,676
24	Workforce Regulation and Safety
25	General Revenues 2,720,916
26	Total – Workforce Regulation and Safety 2,720,916
27	Income Support
28	General Revenues 4,317,409
29	Federal Funds 18,291,060
30	Restricted Receipts
31	Restricted Receipts 2,146,562
32	Job Development Fund 20,460,000
33	Restricted Receipts Total 22,606,562
34	Other Funds
	LC003615 - Page 7 of 245
1	Temporary Disability Insurance Fund 198,485,516
2	Employment Security Fund 218,620,120
3	Other Funds Total 417,105,636
4	Total – Income Support 462,320,667
5	Injured Workers Services
6	Restricted Receipts 8,951,372
7	Total – Injured Workers Services 8,951,372
8	Labor Relations Board
9	General Revenues 388,648
10	Total – Labor Relations Board 388,648
11	Grand Total – General Revenue Funds 9,181,603
12	Grand Total – Labor and Training 510,802,490
13	Department of Revenue
14	Director of Revenue
15	General Revenues 1,122,100
16	Total – Director of Revenue 1,122,100
17	Office of Revenue Analysis
18	General Revenues 564,334
19	Total – Office of Revenue Analysis 564,334
20	Lottery Division
21	Other Funds
22	Lottery Funds 342,306,302
23	Total – Lottery Division 342,306,302
24	Municipal Finance
25	General Revenues 1,996,992
26	Total – Municipal Finance 1,996,992
27	Taxation
28	General Revenues 18,430,344
29	Federal Funds 1,294,330
30	Restricted Receipts 878,210
31	Other Funds
32	Motor Fuel Tax Evasion 43,232
33	Temporary Disability Insurance 952,454
34	Other Funds Total 995,686
	LC003615 - Page 8 of 245
1	Total – Taxation 21,598,570
2	Registry of Motor Vehicles
3	General Revenues 9,276,813
4	Federal Funds 1,654,256
5	Restricted Receipts 14,763
6	Total – Registry of Motor Vehicles 20,945,832
7	State Aid
8	General Revenue
9	Distressed Communities Relief Fund 10,384,458
10	Payment in Lieu of Tax Exempt Properties 35,080,409
11	Motor Vehicle Excise Tax Payments 10,000,000
12	Property Revaluation Program 633,209
13	Municipal Aid 5,000,000
14	Total – General Revenue Total 61,098,076
15	Restricted Receipts 922,013
16	Total – State Aid 62,020,089
17	Grand Total – General Revenue Funds 102,488,659
18	Grand Total – Revenue 450,554,219
19	Legislature
20	General Revenues 36,429,671
21	Restricted Receipts 1,587,079
22	Grand Total – Legislature 38,016,750
23	Lieutenant Governor
24	General Revenues 1,015,084
25	Federal Funds 74,350
26	Grand Total – Lieutenant Governor 1,089,434
27	Secretary of State
28	Administration
29	General Revenues 2,205,748
30	Total – Administration 2,205,748
31	Corporations
32	General Revenues 2,278,601
33	Total – Corporations 2,278,601
34	State Archives
	LC003615 - Page 9 of 245
1	General Revenues 69,266
2	Restricted Receipts 514,752
3	Total – State Archives 584,018
4	Elections & Civics
5	General Revenues 1,636,292
6	Total – Elections and Civics 1,636,292
7	State Library
8	General Revenues 521,178
9	Total – State Library 521,178
10	Office of Public Information
11	General Revenues 626,118
12	Receipted Receipts 15,000
13	Total – Office of Public Information 641,118
14	Grand Total – General Revenue Funds 7,337,203
15	Grand Total – Secretary of State 7,866,955
16	General Treasurer
17	Treasury
18	General Revenues 2,306,467
19	Federal Funds 270,861
20	Restricted Receipts 37,651
21	Other Funds
22	Temporary Disability Insurance Fund 220,608
23	Other Funds Total 220,608
24	Total – Treasury 2,835,587
25	State Retirement System
26	Restricted Receipts
27	Admin Expenses – State Retirement System 9,308,412
28	Retirement – Treasury Investment Operations 1,265,045
29	Defined Contribution – Administration 263,588
30	Restricted Receipts Total 10,837,045
31	Total – State Retirement System 10,837,045
32	Unclaimed Property
33	Restricted Receipts 19,524,231
34	Total – Unclaimed Property 19,524,231
	LC003615 - Page 10 of 245
1	Crime Victim Compensation Program
2	General Revenues 225,638
3	Federal Funds 599,477
4	Restricted Receipts 1,131,949
5	Total – Crime Victim Compensation Program 1,957,064
6	Grand Total – General Revenue Funds 2,532,105
7	Grand Total – General Treasurer 35,153,927
8	Board of Elections
9	General Revenues
10	General Revenues 2,145,127
11	Public Financing of General Elections 2,000,000
12	General Revenue Total 4,145,127
13	Grand Total – Board of Elections 4,145,127
14	Rhode Island Ethics Commission
15	General Revenues 1,581,205
16	Grand Total – Rhode Island Ethics Commission 1,581,205
17	Office of Governor
18	General Revenues
19	General Revenues 4,402,562
20	Contingency Fund 250,000
21	General Revenue Total 4,652,562
22	Grand Total – Office of Governor 4,652,562
23	Commission for Human Rights
24	General Revenues 1,193,083
25	Federal Funds 287,096
26	Grand Total – Commission for Human Rights 1,480,179
27	Public Utilities Commission
28	Federal Funds 87,733
29	Restricted Receipts 8,531,738
30	Grand Total – Public Utilities Commission 8,619,471
31	Office of Health and Human Services
32	Central Management
33	General Revenues 28,998,985
34	Federal Funds
	LC003615 - Page 11 of 245
1	Federal Funds 92,223,591
2	Federal Funds – Stimulus 312,000
3	Federal Funds Total 92,535,591
4	Restricted Receipts 5,292,880
5	Total – Central Management 126,827,456
6	Medical Assistance
7	General Revenue
8	Managed Care 278,857,024
9	Hospitals 82,077,840
10	Nursing Facilities 83,705,501
11	Home and Community Based Services 18,689,149
12	Other Services 46,020,916
13	Pharmacy 51,131,483
14	Rhody Health 258,137,601
15	General Revenue Total 818,619,514
16	Federal Funds
17	Managed Care 303,187,165
18	Hospitals 82,380,081
19	Nursing Facilities 83,806,008
20	Home and Community Based Services 24,810,851
21	Other Services 365,663,784
22	Pharmacy (504,783)
23	Rhody Health 260,535,199
24	Special Education 19,000,000
25	Federal Funds Total 1,138,878,305
26	Restricted Receipts 8,515,000
27	Total – Medical Assistance 1,966,012,819
28	Grand Total – General Revenue Funds 847,618,499
29	Grand Total – Office of Health and Human Services 2,092,840,275
30	Children, Youth, and Families
31	Central Management
32	General Revenues 4,625,414
33	Federal Funds 2,269,607
34	Total – Central Management 6,895,021
	LC003615 - Page 12 of 245
1	Children's Behavioral Health Services
2	General Revenues 6,070,125
3	Federal Funds 6,051,239
4	Other Funds
5	Rhode Island Capital Plan Funds
6	NAFI Center 21,494
7	Various Repairs and Improvements to YDC 1,154,000
8	Other Funds Total 1,175,494
9	Total – Children's Behavioral Health Services 13,296,858
10	Juvenile Correctional Services
11	General Revenue 23,400,611
12	Federal Funds 271,588
13	Other Funds
14	Rhode Island Capital Plan Fund
15	Thomas C. Slater Training School Maintenance Building 200,000
16	Other Funds Total 200,000
17	Total – Juvenile Correctional Services 23,872,199
18	Child Welfare
19	General Revenues
20	General Revenues 104,416,147
21	18 to 21 Year Olds 9,703,340
22	General Revenue Total 114,119,487
23	Federal Funds
24	Federal Funds 45,745,611
25	18 – 21 Year Olds 1,342,963
26	Federal Funds – Stimulus 446,340
27	Federal Funds Total 47,534,914
28	Restricted Receipts 2,448,750
29	Other Funds
30	Rhode Island Capital Plan Fund
31	Fire Code Upgrades 850,000
32	Other Funds Total 850,000
33	Total – Child Welfare 164,953,151
34	Higher Education Incentive Grants
	LC003615 - Page 13 of 245
1	General Revenues 200,000
2	Total – Higher Education Incentive Grants 200,000
3	Grand Total – General Revenue Funds 148,415,637
4	Grand Total – Children, Youth, and Families 209,217,229
5	Health
6	Central Management
7	General Revenues 541,605
8	Federal Funds 8,071,320
9	Restricted Receipts 4,226,651
10	Total – Central Management 12,839,576
11	State Medical Examiner
12	General Revenues 2,431,511
13	Federal Funds 141,325
14	Total – State Medical Examiner 2,572,836
15	Environmental and Health Services Regulation
16	General Revenues 9,251,095
17	Federal Funds 5,924,339
18	Restricted Receipts 3,628,936
19	Total – Environmental and Health Services Regulation 18,804,370
20	Health Laboratories
21	General Revenues 6,130,022
22	Federal Funds
23	Federal Funds 1,718,714
24	Federal Funds – Stimulus 6,500
25	Federal Funds Total 1,725,214
26	Total – Health Laboratories 7,855,236
27	Public Health Information
28	General Revenues 1,559,128
29	Federal Funds 2,066,331
30	Total – Public Health Information 3,625,459
31	Community and Family Health and Equity
32	General Revenues 2,171,249
33	Federal Funds
34	Federal Funds 40,748,562
	LC003615 - Page 14 of 245
1	Federal Funds – Stimulus 1,267,231
2	Federal Funds Total 42,015,793
3	Restricted Receipts 26,137,670
4	Total – Community and Family Health and Equity 70,324,712
5	Infectious Disease and Epidemiology
6	General Revenues 1,428,520
7	Federal Funds 5,150,071
8	Total – Infectious Disease and Epidemiology 6,578,591
9	Grand Total – General Revenue 23,513,130
10	Grand Total – Health 122,600,780
11	Human Services
12	Central Management
13	General Revenues 4,890,516
14	Federal Funds 3,777,064
15	Restricted Receipts 522,542
16	Total – Central Management 9,190,122
17	Child Support Enforcement
18	General Revenues 2,362,840
19	Federal Funds 5,877,595
20	Total – Child Support Enforcement 8,240,435
21	Individual and Family Support
22	General Revenues 25,177,187
23	Federal Funds
24	Federal Funds 117,044,391
25	Federal Funds – Stimulus 10,571,598
26	Federal Funds Total 127,615,989
27	Restricted Receipts 4,727,996
28	Other Funds
29	Rhode Island Capital Plan Fund
30	Blind Vending Facilities 165,000
31	Intermodal Surface Transportation Fund 4,162,981
32	Food Stamp Bonus Funding 150,000
33	Other Funds Total 4,477,981
34	Total – Individual and Family Support 161,999,153
	LC003615 - Page 15 of 245
1	Veterans' Affairs
2	General Revenues 20,274,566
3	Federal Funds 7,481,344
4	Restricted Receipts 635,000
5	Total – Veterans' Affairs 28,390,910
6	Health Care Eligibility
7	General Revenues 8,226,587
8	Federal Funds 11,774,391
9	Total – Health Care Eligibility 20,000,978
10	Supplemental Security Income Program
11	General Revenues 18,639,135
12	Total – Supplemental Security Income Program 18,639,135
13	Rhode Island Works
14	General Revenues
15	Child Care 9,668,635
16	General Revenue Total 9,668,635
17	Federal Funds 78,233,435
18	Total – Rhode Island Works 87,902,070
19	State Funded Programs
20	General Revenues
21	General Public Assistance 1,663,858
22	Of this appropriation, $210,000 shall be used for hardship contingency payments.
23	General Revenue Total 1,663,858
24	Federal Funds 300,692,138
25	Total – State Funded Programs 302,355,996
26	Elderly Affairs
27	General Revenues
28	General Revenue 6,195,226
29	RIPAE 174,484
30	Care and Safety of the Elderly 958
31	General Revenue Total 6,370,668
32	Federal Funds 12,223,967
33	Restricted Receipts 149,336
34	Total – Elderly Affairs 18,743,971
	LC003615 - Page 16 of 245
1	Grand Total General Revenue 97,273,992
2	Grand Total – Human Services 655,462,770
3	Behavioral Health, Developmental Disabilities, and Hospitals
4	Central Management
5	General Revenues 970,823
6	Federal Funds 539,262
7	Total – Central Management 1,510,085
8	Hospital and Community System Support
9	General Revenues 1,594,280
10	Restricted Receipts 934,379
11	Other Funds
12	Rhode Island Capital Plan Fund
13	Medical Center Rehabilitation 1,000,000
14	Community Facilities Fire Code 400,000
15	Other Funds Total 1,400,000
16	Total – Hospital and Community System Support 3,928,659
17	Services for the Developmentally Disabled
18	General Revenues 111,424,765
19	Federal Funds 112,972,476
20	Restricted Receipts 1,977,450
21	Other Funds
22	Rhode Island Capital Plan Fund
23	DD Private Waiver 507,286
24	Regional Center Repair/Rehabilitation 400,000
25	MR Community Facilities/Access to Independence 500,000
26	Other Funds Total 1,407,286
27	Total – Services for the Developmentally Disabled 227,781,977
28	Behavioral Healthcare Services
29	General Revenues 37,606,243
30	Federal Funds 51,267,483
31	Restricted Receipts 125,000
32	Other Funds
33	Rhode Island Capital Plan Fund
34	MH Community Facilities Repair 400,000
	LC003615 - Page 17 of 245
1	MH Housing Development-Thresholds 800,000
2	Substance Abuse Asset Production 100,000
3	Other Funds Total 1,300,000
4	Total – Behavioral Healthcare Services 90,298,726
5	Hospital and Community Rehabilitative Services
6	General Revenues 50,195,257
7	Federal Funds 50,415,072
8	Restricted Receipts 6,571,834
9	Other Funds
10	Rhode Island Capital Plan Fund
11	Zambarano Buildings and Utilities 150,000
12	Hospital Consolidation 9,950,000
13	BHDDH Administrative Buildings 2,000,000
14	MR Community Facilities 950,000
15	Hospital Equipment 275,000
16	Other Funds Total 13,325,000
17	Total - Hospital and Community Rehabilitative Services 120,507,163
18	Grand Total – General Revenue 201,791,368
19	Grand Total – Behavioral Health, Developmental Disabilities,
20	and Hospitals 444,026,610
21	Office of the Child Advocate
22	General Revenues 611,817
23	Federal Funds 50,000
24	Grand Total – Office of the Child Advocate 661,817
25	Commission on the Deaf and Hard of Hearing
26	General Revenues 394,279
27	Restricted Receipts 80,000
28	Grand Total – Com on Deaf and Hard of Hearing 474,279
29	Governor's Commission on Disabilities
30	General Revenues 358,275
31	Federal Funds 141,350
32	Restricted Receipts 9,177
33	Other Funds
34	Rhode Island Capital Plan Fund
	LC003615 - Page 18 of 245
1	Handicapped Accessibility 1,000,000
2	Other Funds Total 1,000,000
3	Grand Total – Governor's Commission on Disabilities 1,508,802
4	Office of the Mental Health Advocate
5	General Revenues 495,010
6	Grand Total – Office of the Mental Health Advocate 495,010
7	Elementary and Secondary Education
8	Administration of the Comprehensive Education Strategy
9	General Revenues 19,968,574
10	Federal Funds
11	Federal Funds 192,750,465
12	Federal Funds – Stimulus 7,727,747
13	RTTT LEA Share 6,379,521
14	Federal Funds Total 206,857,733
15	Restricted Receipts
16	Restricted Receipts 1,269,741
17	HRIC Adult Education Grants 3,800,000
18	Restricted Receipts Total 5,069,741
19	Other Funds
20	Rhode Island Capital Plan Fund
21	State-Owned Cranston 400,000
22	State-Owned Warwick 950,000
23	State-Owned Woonsocket 1,844,364
24	Other Funds Total 3,194,364
25	Total – Administration of the Comprehensive Education Strategy 235,090,412
26	Davies Career and Technical School
27	General Revenues 12,227,793
28	Federal Funds
29	Federal Funds 1,319,532
30	Federal Funds – Stimulus 42,099
31	Federal Funds Total 1,361,631
32	Restricted Receipts 4,050,538
33	Other Funds
34	Rhode Island Capital Plan Fund
	LC003615 - Page 19 of 245
1	Davies HVAC 1,237,345
2	Davies Asset Protection 194,962
3	Other Funds Total 1,432,307
4	Total – Davies Career and Technical School 19,072,269
5	RI School for the Deaf
6	General Revenues 5,929,824
7	Federal Funds
8	Federal Funds 221,056
9	Federal Funds – Stimulus 55,514
10	Federal Funds Total 276,570
11	Restricted Receipts 558,248
12	Other Funds 59,000
13	Total – RI School for the Deaf 6,823,642
14	Metropolitan Career and Technical School
15	General Revenues 10,536,607
16	Other Funds
17	Rhode Island Capital Plan Fund
18	MET Asset Protection 100,000
19	MET School HVAC 1,160,657
20	Other Funds Total 1,260,657
21	Total – Metropolitan Career and Technical School 11,797,264
22	Education Aid
23	General Revenues 61,917,693
24	Restricted Receipts 17,575,445
25	Other Funds
26	Permanent School Fund – Education Aid 300,000
27	Other Funds Total 300,000
28	Total – Education Aid 779,793,138
29	Central Falls School District
30	General Revenues 38,845,852
31	Total – Central Falls School District 38,845,852
32	Housing Aid
33	General Revenues 67,949,504
34	Total – Housing Aid 67,949,504
	LC003615 - Page 20 of 245
1	Teachers' Retirement
2	General Revenues 89,829,396
3	Total – Teachers' Retirement 89,829,396
4	Grand Total – General Revenue 1,007,205,243
5	Grand Total – Elementary and Secondary Education 1,249,201,477
6	Public Higher Education
7	Office of Postsecondary Commissioner
8	General Revenues 5,054,495
9	Federal Funds 5,092,287
10	Total – Office of Postsecondary Commissioner 10,146,782
11	University of Rhode Island
12	General Revenue
13	General Revenues 69,542,680
14	The University of Rhode Island shall maintain tuition charges in the 2014 – 2015
15	academic year at the same level as the 2013 – 2014 academic year. The University shall not
16	decrease internal student financial aid in the 2014 – 2015 academic year below the level of the
17	2013 – 2014 academic year. The President of the institution shall report, prior to the
18	commencement of the 2014-2015 academic year, to the chair of the Rhode Island Board of
19	Education that such tuition charges and student aid levels have been achieved at the start of FY
20	2015 as prescribed above.
21	Debt Service 20,925,420
22	RI State Forensics Laboratory 1,035,888
23	General Revenue Total 91,503,988
24	Other Funds
25	University and College Funds 612,113,492
26	Debt – Dining Services 1,110,746
27	Debt – Education and General 3,180,567
28	Debt – Health Services 136,814
29	Debt – Housing Loan Funds 10,625,414
30	Debt – Memorial Union 314,538
31	Debt – Ryan Center 2,798,531
32	Debt – Alton Jones Services 103,078
33	Debt – Parking Authority 949,029
34	Debt – Sponsored Research 94,572
	LC003615 - Page 21 of 245
1	Debt – URI Energy Conservation 2,460,718
2	Rhode Island Capital Plan Fund
3	Asset Protection 7,520,000
4	Fire and Safety Protection 3,250,000
5	Nursing Education Center 700,000
6	New Chemistry Building 21,300
7	Other Funds Total 645,378,799
8	Total – University of Rhode Island 736,882,787
9	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
10	unencumbered balances as of June 30, 2015 relating to the University of Rhode Island are hereby
11	reappropriated to fiscal year 2016.
12	Rhode Island College
13	General Revenues
14	General Revenues 42,911,103
15	Rhode Island College shall maintain tuition charges in the 2014 – 2015 academic year at
16	the same level as the 2013 – 2014 academic year. The College shall not decrease internal student
17	financial aid in the 2014 – 2015 academic year below the level of the 2013 – 2014 academic year.
18	The President of the institution shall report, prior to the commencement of the 2014-2015
19	academic year, to the chair of the Rhode Island Board of Education that such tuition charges and
20	student aid levels have been achieved at the start of FY 2015 as prescribed above.
21	Debt Service 4,260,122
22	General Revenue Total 47,171,225
23	Other Funds
24	University and College Funds 112,190,914
25	Debt – Education and General 883,664
26	Debt – Housing 2,054,108
27	Debt – Student Center and Dining 172,600
28	Debt – Student Union 234,963
29	Debt – G.O. Debt Service 1,641,626
30	Rhode Island Capital Plan Fund
31	Asset Protection 2,963,548
32	Infrastructure Modernization 2,000,000
33	Other Funds – Total 122,141,423
34	Total – Rhode Island College 169,312,648
	LC003615 - Page 22 of 245
1	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
2	unencumbered balances as of June 30, 2015 relating to Rhode Island College are hereby
3	reappropriated to fiscal year 2016.
4	Community College of Rhode Island
5	General Revenues
6	General Revenues 45,882,495
7	The Community College of Rhode Island shall maintain tuition charges in the 2014 –
8	2015 academic year at the same level as the 2013 – 2014 academic year. The College shall not
9	decrease internal student financial aid in the 2014 – 2015 academic year below the level of the
10	2013 – 2014 academic year. The President of the institution shall report, prior to the
11	commencement of the 2014-2015 academic year, to the chair of the Rhode Island Board of
12	Education that such tuition charges and student aid levels have been achieved at the start of FY
13	2015 as prescribed above.
14	Debt Service 2,126,760
15	General Revenue Total 48,009,255
16	Restricted Receipts 644,000
17	Other Funds
18	University and College Funds 102,754,282
19	Debt – Bookstore 27,693
20	CCRI Debt Service – Energy Conservation 807,475
21	Rhode Island Capital Plan Fund
22	Asset Protection 2,138,305
23	Knight Campus Renewal 2,000,000
24	Other Funds Total 107,727,755
25	Total – Community College of RI 156,381,010
26	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
27	unencumbered balances as of June 30, 2015 relating to the Community College of Rhode Island
28	are hereby reappropriated to fiscal year 2016.
29	Grand Total – General Revenue 191,738,963
30	Grand Total – Public Higher Education 1,072,723,227
31	RI State Council on the Arts
32	General Revenues
33	Operating Support 428,501
34	Grants 1,911,657
	LC003615 - Page 23 of 245
1	General Revenue Total 2,340,158
2	Federal Funds 799,348
3	Other Funds
4	Art for Public Facilities 632,536
5	Other Funds Total 632,536
6	Grand Total – RI State Council on the Arts 3,772,042
7	RI Atomic Energy Commission
8	General Revenues 913,197
9	Other Funds
10	URI Sponsored Research 257,977
11	Rhode Island Capital Plan Funds
12	RINSC Asset Protection 100,000
13	Other Funds Total 357,977
14	Grand Total – RI Atomic Energy Commission 1,271,174
15	RI Higher Education Assistance Authority
16	General Revenues
17	Needs Based Grants and Work Opportunities 4,134,726
18	Authority Operations and Other Grants 147,000
19	General Revenue Total 4,281,726
20	Federal Funds
21	Federal Funds 11,180,967
22	WaytogoRI Portal 650,000
23	Guaranty Agency Reserve Fund 1,500,000
24	Federal Funds Total 13,330,967
25	The $1.5 million expended from the Guaranty Agency Reserve Fund shall be used for RIHEAA
26	scholarships and grants to offset the reduction in Needs Based Grants and Work Opportunities in
27	the Tuition Savings Program.
28	Other Funds
29	Tuition Savings Prgm – Needs Based Grants and Work Opp 6,500,000
30	Tuition Savings Program – Administration 334,268
31	Other Funds Total 6,834,268
32	Grand Total – RI Higher Education Assistance Authority 24,446,961
33	RI Historical Preservation and Heritage Commission
34	General Revenues 1,280,610
	LC003615 - Page 24 of 245
1	Federal Funds 2,183,588
2	Restricted Receipts 434,910
3	Other Funds
4	RIDOT Project Review 70,868
5	Rhode Island Capital Fund
6	Eisenhower House Asset Protection 1,132,851
7	Other Funds Total 1,203,719
8	Grand Total – RI Historical Preservation and Heritage Comm 5,102,827
9	Attorney General
10	Criminal
11	General Revenues 14,455,192
12	Federal Funds 1,366,309
13	Restricted Receipts 10,332,721
14	Total – Criminal 26,154,222
15	Civil
16	General Revenues 4,816,217
17	Restricted Receipts 917,187
18	Total – Civil 5,733,404
19	Bureau of Criminal Identification
20	General Revenues 1,542,124
21	Total – Bureau of Criminal Identification 1,542,124
22	General
23	General Revenues 2,773,613
24	Other Funds
25	Rhode Island Capital Plan Fund
26	Building Renovations and Repairs 300,000
27	Other Funds Total 300,000
28	Total – General 3,073,613
29	Grand Total – General Revenue 23,587,146
30	Grand Total – Attorney General 36,503,363
31	Corrections
32	Central Management
33	General Revenues 9,070,974
34	Federal Funds 117,996
	LC003615 - Page 25 of 245
1	Total – Central Management 9,188,970
2	Parole Board
3	General Revenues 1,421,102
4	Federal Funds 38,000
5	Total – Parole Board 1,459,102
6	Custody and Security
7	General Revenues 118,747,911
8	Federal Funds 810,713
9	Total – Custody and Security 119,558,624
10	Institutional Support
11	General Revenues 15,726,066
12	Other Funds
13	Rhode Island Capital Plan Fund
14	Asset Protection 3,750,000
15	Maximum – General Renovations 715,433
16	General Renovations Women's 850,000
17	Bernadette Guay Roof 896,556
18	ISC Exterior Envelope and HVAC 3,933,749
19	Minimum Security Kitchen Expansion 4,160,392
20	Medium Infrastructure 4,833,931
21	Other Funds Total 19,140,061
22	Total – Institutional Support 34,866,127
23	Institutional Based Rehab./Population Management
24	General Revenues 8,972,305
25	Federal Funds 619,476
26	Restricted Receipts 29,164
27	Total – Institutional Based Rehab/Population Mgt. 9,620,945
28	Healthcare Services
29	General Revenues 19,751,408
30	Total – Healthcare Services 19,751,408
31	Community Corrections
32	General Revenues 15,035,529
33	Federal Funds 68,518
34	Restricted Receipts 25,475
	LC003615 - Page 26 of 245
1	Total – Community Corrections 15,129,522
2	Grand Total – General Revenue 188,725,295
3	Grand Total – Corrections 209,574,698
4	Judiciary
5	Supreme Court
6	General Revenues
7	General Revenues 26,400,642
8	Defense of Indigents 3,542,240
9	General Revenue Total 29,942,882
10	Federal Funds 151,954
11	Restricted Receipts 2,285,781
12	Other Funds
13	Rhode Island Capital Plan Fund
14	Judicial HVAC 525,000
15	Judicial Complexes Asset Protection 825,000
16	Other Funds Total 1,350,000
17	Total - Supreme Court 33,730,617
18	Judicial Tenure and Discipline
19	General Revenues 115,513
20	Total – Judicial Tenure and Discipline 115,513
21	Superior Court
22	General Revenues 22,359,027
23	Federal Funds 47,552
24	Restricted Receipts 302,378
25	Total – Superior Court 22,708,957
26	Family Court
27	General Revenues 19,245,592
28	Federal Funds 1,709,741
29	Total – Family Court 20,955,333
30	District Court
31	General Revenues 11,998,535
32	Restricted Receipts 292,802
33	Total – District Court 12,291,337
34	Traffic Tribunal
	LC003615 - Page 27 of 245
1	General Revenues 8,760,119
2	Total – Traffic Tribunal 8,760,119
3	Workers' Compensation Court
4	Restricted Receipts 7,932,640
5	Total – Workers' Compensation Court 7,932,640
6	Grand Total – General Revenue 92,421,668
7	Grand Total – Judiciary 106,494,516
8	Military Staff
9	General Revenues 1,842,096
10	Federal Funds 14,779,178
11	Restricted Receipts 442,800
12	Other Funds
13	Rhode Island Capital Plan Fund
14	Armory of Mounted Command Roof Replacement 300,000
15	State Armories Fire Code Compliance 10,000
16	Asset Protection 1,260,000
17	Logistics/Maintenance Facilities Fire Code Comp. 5,000
18	Benefit Street Arsenal Rehabilitation 375,000
19	Other Funds Total 1,950,000
20	Grand Total – Military Staff 19,014,074
21	Public Safety
22	Central Management
23	General Revenues 1,248,886
24	Federal Funds 4,096,105
25	Restricted Receipts 20,000
26	Total – Central Management 5,364,991
27	E-911 Emergency Telephone System
28	General Revenues 5,428,479
29	Total – E-911 Emergency Telephone System 5,428,479
30	State Fire Marshal
31	General Revenues 2,746,455
32	Federal Funds 94,000
33	Restricted Receipts 498,854
34	Other Funds
	LC003615 - Page 28 of 245
1	Rhode Island Capital Plan Fund
2	Fire Academy 1,934,500
3	Quonset Development Corporation 57,335
4	Other Funds – Total 1,991,835
5	Total – State Fire Marshal 5,331,144
6	Security Services
7	General Revenues 21,801,650
8	Total – Security Services 21,801,650
9	Municipal Police Training Academy
10	General Revenues 245,379
11	Federal Funds 397,400
12	Total – Municipal Police Training Academy 642,779
13	State Police
14	General Revenues 64,496,985
15	Federal Funds 2,306,770
16	Restricted Receipts 12,345,000
17	Other Funds
18	Rhode Island Capital Plan Fund
19	Barracks and Training 4,627,659
20	Headquarters Repairs/Rehabilitation 380,768
21	Parking Area Improvements 250,000
22	HQ Expansion 200,000
23	Traffic Enforcement – Municipal Training 134,500
24	Lottery Commission Assistance 1,399,683
25	Airport Corporation 176,206
26	Road Construction Reimbursement 2,935,000
27	Other Funds Total 10,103,816
28	Total – State Police 89,252,571
29	Grand Total – General Revenue 95,967,834
30	Grand Total – Public Safety 127,821,614
31	Office of Public Defender
32	General Revenues 11,130,816
33	Federal Funds 248,864
34	Grand Total – Office of Public Defender 11,379,680
	LC003615 - Page 29 of 245
1	Emergency Management
2	General Revenues 1,959,858
3	Federal Funds 18,273,640
4	Restricted Receipts 221,729
5	Other Funds
6	Rhode Island Capital Plan Fund
7	Hurricane Sandy Cleanup 167,000
8	Other Funds Total 167,000
9	Grand Total – Emergency Management 20,622,227
10	Environmental Management
11	Office of the Director
12	General Revenues
13	General Revenues 4,520,153
14	Permit Streamlining 33,414
15	General Revenue Total 4,553,567
16	Federal Funds 150,000
17	Restricted Receipts 2,884,372
18	Other Funds
19	Rhode Island Capital Plan Fund
20	DEM Telephone Repairs 175,000
21	Other Funds Total 175,000
22	Total – Office of the Director 7,762,939
23	Natural Resources
24	General Revenues 19,074,615
25	Federal Funds 21,348,128
26	Restricted Receipts 4,138,036
27	Other Funds
28	DOT Recreational Projects 1,114,278
29	Blackstone Bikepath Design 2,059,795
30	Transportation MOU 78,579
31	Rhode Island Capital Plan Fund
32	Dam Repair 550,000
33	Fort Adams Rehabilitation 300,000
34	Fort Adams America's Cup 2,450,000
	LC003615 - Page 30 of 245
1	Recreational Facilities Improvements 400,000
2	Galilee Piers Upgrade 500,000
3	Newport Piers 250,000
4	World War II Facility 2,600,000
5	Blackstone Valley Bike Path 350,000
6	Natural Resources Office/Visitor's Center 2,250,100
7	Other Funds Total 12,902,752
8	Total – Natural Resources 57,463,531
9	Environmental Protection
10	General Revenues 11,241,923
11	Federal Funds 10,281,483
12	Restricted Receipts 8,912,581
13	Other Funds
14	Transportation MOU 165,000
15	Other Funds Total 165,000
16	Total – Environmental Protection 30,600,987
17	Grand Total – General Revenue 34,870,105
18	Grand Total – Environmental Management 95,827,457
19	Coastal Resources Management Council
20	General Revenues 2,185,538
21	Federal Funds 1,802,613
22	Restricted Receipts 250,000
23	Grand Total – Coastal Resources Mgmt. Council 4,238,151
24	Transportation
25	Central Management
26	Federal Funds 9,199,986
27	Other Funds
28	Gasoline Tax 1,770,720
29	Other Funds Total 1,770,720
30	Total – Central Management 10,970,706
31	Management and Budget
32	Other Funds
33	Gasoline Tax 2,242,961
34	Other Funds Total 2,242,961
	LC003615 - Page 31 of 245
1	Total – Management and Budget 2,242,961
2	Infrastructure Engineering - GARVEE/Motor Fuel Tax Bonds
3	Federal Funds
4	Federal Funds 325,726,490
5	Federal Funds – Stimulus 17,188,279
6	Federal Funds Total 342,914,769
7	Restricted Receipts 12,352,761
8	Other Funds
9	Gasoline Tax 53,013,645
10	Land Sale Revenue 21,300,002
11	Rhode Island Capital Fund
12	RIPTA Land and Buildings 223,529
13	Highway Improvement Program 21,650,000
14	Other Funds Total 96,187,176
15	Total - Infrastructure Engineering – GARVEE 451,454,706
16	Infrastructure Maintenance
17	Other Funds
18	Gasoline Tax 44,849,009
19	Non-Land Surplus Property 10,000
20	Outdoor Advertising 150,000
21	Rhode Island Capital Plan Fund
22	Maintenance Facilities Improvements 400,000
23	Salt Storage Facilities 1,500,000
24	Portsmouth Facility 1,200,000
25	Maintenance - Capital Equipment Replacement 2,500,000
26	Train Station Maintenance and Repairs 200,000
27	Cooperative Maintenance Facility DOT/RIPTA 3,500,000
28	Mass Transit Preliminary Conceptual Design 250,000
29	Other Funds Total 54,559,009
30	Total – Infrastructure Maintenance 54,559,009
31	Grand Total – Transportation 519,227,382
32	Statewide Totals
33	General Revenues 3,456,087,970
34	Federal Funds 2,878,350,086
	LC003615 - Page 32 of 245
1	Restricted Receipts 258,886,990
2	Other Funds 1,950,636,957
3	Statewide Grand Total 8,543,962,003
4	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
5	appropriation.
6	SECTION 3. Upon the transfer of any function of a department or agency to another
7	department or agency, the Governor is hereby authorized by means of executive order to transfer
8	or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
9	thereby.
10	SECTION 4. From the appropriation for contingency shall be paid such sums as may be
11	required at the discretion of the Governor to fund expenditures for which appropriations may not
12	exist. Such contingency funds may also be used for expenditures in the several departments and
13	agencies where appropriations are insufficient, or where such requirements are due to unforeseen
14	conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
15	for the payment of bills incurred due to emergencies or to any offense against public peace and
16	property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
17	amended. All expenditures and transfers from this account shall be approved by the Governor.
18	SECTION 5. The general assembly authorizes the state controller to establish the internal
19	service accounts shown below, and no other, to finance and account for the operations of state
20	agencies that provide services to other agencies, institutions and other governmental units on a
21	cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
22	managed in a businesslike manner, promote efficient use of services by making agencies pay the
23	full costs associated with providing the services, and allocate the costs of central administrative
24	services across all fund types, so that federal and other non-general fund programs share in the
25	costs of general government support. The controller is authorized to reimburse these accounts for
26	the cost of work or services performed for any other department or agency subject to the
27	following expenditure limitations:
28	Account Expenditure Limit
29	State Assessed Fringe Benefit Internal Service Fund 37,123,794
30	Administration Central Utilities Internal Service Fund 14,244,902
31	State Central Mail Internal Service Fund 5,617,173
32	State Telecommunications Internal Service Fund 4,080,029
33	State Automotive Fleet Internal Service Fund 13,733,063
34	Surplus Property Internal Service Fund 2,500
	LC003615 - Page 33 of 245
1	Health Insurance Internal Service Fund 250,127,757
2	Other Post-Employment Benefits Fund 63,934,483
3	Capital Police Internal Service Fund 1,060,301
4	Corrections Central Distribution Center Internal Service Fund 6,739,558
5	Correctional Industries Internal Service Fund 7,704,793
6	Secretary of State Record Center Internal Service Fund 882,436
7	SECTION 6. The General Assembly may provide a written "statement of legislative
8	intent" signed by the chairperson of the House Finance Committee and by the chairperson of the
9	Senate Finance Committee to show the intended purpose of the appropriations contained in
10	Section 1 of this Article. The statement of legislative intent shall be kept on file in the House
11	Finance Committee and in the Senate Finance Committee.
12	At least twenty (20) days prior to the issuance of a grant or the release of funds, which
13	grant or funds are listed on the legislative letter of intent, all department, agency and corporation
14	directors, shall notify in writing the chairperson of the House Finance Committee and the
15	chairperson of the Senate Finance Committee of the approximate date when the funds are to be
16	released or granted.
17	SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
18	appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all
19	funds required to be disbursed for the benefit payments from the Temporary Disability Insurance
20	Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2015.
21	SECTION 8. Appropriation of Employment Security Funds -- There is hereby
22	appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to
23	be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending
24	June 30, 2015.
25	SECTION 9. Appropriation of Lottery Division Funds – There is hereby appropriated to
26	the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes
27	of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2015.
28	SECTION 10. Departments and agencies listed below may not exceed the number of full-
29	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
30	not include seasonal or intermittent positions whose scheduled period of employment does not
31	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
32	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
33	individuals engaged in training, the completion of which is a prerequisite of employment.
34	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
	LC003615 - Page 34 of 245
1	designee, and the President of the Senate or designee may authorize an adjustment to any
2	limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
3	recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
4	copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
5	the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
6	Senate Fiscal Advisor.
7	State employees whose funding is from non-state general revenue funds that are time
8	limited shall receive limited term appointment with the term limited to the availability of non-
9	state general revenue funding source.
10	FY 2015 FTE POSITION AUTHORIZATION
11	Departments and Agencies Full-Time Equivalent
12	Administration 723.7
13	Business Regulation 94.0
14	Labor and Training 410.0
15	Revenue 499.0
16	Legislature 298.5
17	Office of the Lieutenant Governor 8.0
18	Office of the Secretary of State 57.0
19	Office of the General Treasurer 83.0
20	Board of Elections 11.0
21	Rhode Island Ethics Commission 12.0
22	Office of the Governor 45.0
23	Commission for Human Rights 14.5
24	Public Utilities Commission 50.0
25	Office of Health and Human Services 184.0
26	Children, Youth, and Families 670.5
27	Health 491.3
28	Human Services 959.1
29	Behavioral Health, Developmental Disabilities, and Hospitals 1,422.4
30	Office of the Child Advocate 6.0
31	Commission on the Deaf and Hard of Hearing 3.0
32	Governor's Commission on Disabilities 4.0
33	Office of the Mental Health Advocate 3.7
34	Elementary and Secondary Education 154.9
	LC003615 - Page 35 of 245
1	School for the Deaf 60.0
2	Davies Career and Technical School 126.0
3	Office of Postsecondary Commissioner 12.8
4	Provided that 1.0 of the total authorization would be available only for positions that are
5	supported by third-party funds.
6	University of Rhode Island 2,456.50
7	Provided that 501.2 of the total authorization would be available only for positions that are
8	supported by third-party funds.
9	Rhode Island College 923.6
10	Provided that 82.0 of the total authorization would be available only for positions that are
11	supported by third-party funds.
12	Community College of Rhode Island 854.1
13	Provided that 58.7 of the total authorization would be available only for positions that are
14	supported by third-party funds.
15	Rhode Island State Council on the Arts 6.0
16	RI Atomic Energy Commission 8.6
17	Higher Education Assistance Authority 25.0
18	Historical Preservation and Heritage Commission 16.6
19	Office of the Attorney General 233.1
20	Corrections 1,419.0
21	Judicial 726.3
22	Military Staff 85.0
23	Public Safety 634.2
24	Office of the Public Defender 93.0
25	Emergency Management 32.0
26	Environmental Management 399.0
27	Coastal Resources Management Council 29.0
28	Transportation 752.6
29	Total 15,097.0
30	SECTION 11. The amounts reflected in this Article include the appropriation of Rhode
31	Island Capital Plan funds for fiscal year 2015 and supersede appropriations provided for FY 2015
32	within Section 11 of Article 1 of Chapter 144 of the P.L. of 2013.
33	The following amounts are hereby appropriated out of any money in the State's Rhode
34	Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
	LC003615 - Page 36 of 245
1	June 30, 2016, June 30, 2017, and June 30, 2018. These amounts supersede appropriations
2	provided within Section 11 of Article 1 of Chapter 144 of the P.L. of 2013. For the purposes and
3	functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw
4	his or her orders upon the General Treasurer for the payment of such sums and such portions
5	thereof as may be required by him or her upon receipt of properly authenticated vouchers.
6	FY Ending FY Ending FY Ending
7	June 30, 2016 June 30,2017 June 30, 2018
8	Project
9	BHDDH-Hospital Consolidation 30,645,820 10,590,850 5,780,000
10	DOA-State House Renovations 3,000,000 4,000,000 2,400,000
11	DOA-Pastore Center Building Demotion 1,025,000 975,000 1,200,000
12	Higher Ed-Asset Protection-CCRI 2,184,100 2,232,100 2,299,063
13	Higher Ed-Asset Protection-RIC 3,080,400 3,357,700 3,458,431
14	Higher Ed-Asset Protection-URI 5,482,900 7,856,000 8,030,000
15	DOC Asset Protection 4,020,000 3,000,000 3,000,000
16	Judicial-Asset Protection 850,000 875,000 950,000
17	Mil Staff-Asset Protection 1,225,000 179,250 342,500
18	DEM-Dam Repairs 750,000 1,000,000 2,000,000
19	DEM-Recreation Facility Improvements 500,000 500,000 500,000
20	DOT-Highway Improvement Program 23,200,000 23,200,000 23,200,000
21	SECTION 12. 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 may be reappropriated at the recommendation of the Governor in the ensuing
24	fiscal year and made available for the same purpose. However, any such reappropriations are
25	subject to final approval by the General Assembly as part of the supplemental appropriations act.
26	Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated at the
27	discretion of the State Budget Officer.
28	SECTION 13. For the Fiscal Year ending June 30, 2015, the Rhode Island Housing and
29	Mortgage Finance Corporation shall provide from its resources such sums as appropriate in
30	support of the Neighborhood Opportunities Program. The Corporation shall provide a report
31	detailing the amount of funding provided to this program, as well as information on the number
32	of units of housing provided as a result to the Director of Administration, the Chair of the
33	Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the
34	Senate Finance Committee and the State Budget Officer.
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1	SECTION 14. This article shall take effect as of July 1, 2014.
2	ARTICLE 2
3	RELATING TO MUNICIPAL AID
4	SECTION 1. Section 45-13.2-4 of the General Laws in Chapter 45-13.2 entitled
5	"Municipal Incentive Aid" is hereby amended to read as follows:
6	45-13.2-4. State Aid Incentive Program appropriated. – There are hereby appropriated
7	funds for a state aid program entitled "Municipal Incentive Aid Program." For fiscal year 2014,
8	fiscal year 2015 and fiscal year 2016, the amount of five million dollars ($5,000,000) shall be
9	appropriated., and an amount of ten million dollars ($10,000.000) will be requested for
10	appropriation for fiscal year 2015 and for fiscal year 2016. Municipal Incentive Aid shall be
11	administered and managed by the division of municipal finance within the department of revenue.
12	SECTION 2. This article shall take effect as of July 1, 2014.
13	ARTICLE 3
14	RELATING TO RESTRICTED RECEIPT ACCOUNTS
15	SECTION 1. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"
16	is hereby amended to read as follows:
17	35-4-27. Indirect cost recoveries on restricted receipt accounts. – Indirect cost
18	recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt
19	accounts, to be recorded as general revenues in the general fund. However, there shall be no
20	transfer from cash receipts with restrictions received exclusively: (1) from contributions from
21	non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on
22	federal grant funds; or (3) through transfers from state agencies to the department of
23	administration for the payment of debt service. These indirect cost recoveries shall be applied to
24	all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The
25	following restricted receipt accounts shall not be subject to the provisions of this section:
26	Executive Office of Health and Human Services
27	Organ Transplant Fund
28	HIV Care Grant Drug Rebates
29	Department of Human Services
30	Veterans' home – Restricted account
31	Veterans' home – Resident benefits
32	Pharmaceutical Rebates Account
33	Demand Side Management Grants
34	Organ transplant fund
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1	Veteran's Cemetery Memorial Fund
2	Donations- New Veterans' Home Construction
3	Department of Health
4	Providence Water Lead Grant
5	Pandemic medications and equipment account
6	Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
7	Eleanor Slater non-Medicaid third-party payor account
8	Hospital Medicare Part D Receipts
9	RICLAS Group Home Operations
10	Commission on the Deaf and Hard of Hearing
11	Emergency and public communication access account
12	Department of Environmental Management
13	National heritage revolving fund
14	Environmental response fund II
15	Underground storage tanks registration fees
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	Forfeited property – Retained
21	Forfeitures – Federal
22	Forfeited property – Gambling
23	Donation – Polygraph and Law Enforcement Training
24	Rhode Island State Firefighter's League Training Account
25	Fire Academy Training Fees Account
26	Attorney General
27	Forfeiture of property
28	Federal forfeitures
29	Attorney General multi-state account
30	Forfeited property – Gambling
31	Department of Administration
32	Office of Management and Budget
33	Information Technology Investment Fund
34	Restore and replacement – Insurance coverage
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1	Convention Center Authority rental payments
2	Investment Receipts – TANS
3	Car Rental Tax/Surcharge-Warwick Share
4	Legislature
5	Audit of federal assisted programs
6	Department of Children, Youth and Families
7	Children's Trust Accounts – SSI
8	Military Staff
9	RI Military Family Relief Fund
10	RI National Guard Counterdrug Program
11	Treasury
12	Admin. Expenses – State Retirement System
13	Retirement – Treasury Investment Options
14	Violent Crimes Compensation – Refunds
15	Treasury Research Fellowship
16	Business Regulation
17	Banking Division Reimbursement Account
18	Office of the Health Insurance Commissioner Reimbursement Account
19	Securities Division Reimbursement Account
20	Commercial Licensing and Racing and Athletics Division Reimbursement Account
21	Insurance Division Reimbursement Account
22	Historic Preservation Tax Credit Account
23	Judiciary
24	Arbitration Fund Restricted Receipt Account
25	Third Party Grants
26	Department of Elementary and Secondary Education
27	Statewide Student Transportation Services Account
28	School for the Deaf Fee for Service Account
29	Davies Career and Technical School Local Education Aid Account
30	Department of Labor and Training
31	Job Development Fund – Title XII loans principal and interest
32	Department of Transportation
33	Rhode Island Highway Maintenance Account
34	SECTION 2. Section 30-24-6 of the General Laws in Chapter 30-24 entitled "Rhode
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1	Island Veterans' Home" is hereby amended to read as follows:
2	30-24-6. Acceptance of gifts – Veterans' home restricted account. – (a) The director of
3	human services is hereby authorized and empowered to take and receive in the name of the state
4	any grant, devise, gift, or bequest of real or personal property that may be made for the use and
5	benefit of the Rhode Island veterans' home or the residents or purposes thereof. All money so
6	received, and all money received under the provisions of §§ 30-24-9 and 30-24-10, shall be paid
7	over to the general treasurer and shall be kept by him or her as a restricted account to be known as
8	the "veterans' home restricted account". Use of the "veterans' home restricted account" funds may
9	only be made upon prior approval of the house of representatives' finance committee and senate
10	finance committee. The director may sell and dispose of any real or personal property received
11	under this section, and any property received under § 30-24-9, and the proceeds of the sale shall
12	be paid over to the general treasurer to be made a part of the restricted account. The restricted
13	account shall be used for the improvement of social, recreational, and educational programs,
14	including the purchase of educational and recreational supplies and equipment for the welfare of
15	members and for operational expenses and capital improvements at the veterans' home and
16	veterans' cemetery, as deemed necessary by the director of human services.
17	(b) [Deleted by P.L. 1999, ch. 11, section 5.]
18	(c) Notwithstanding the provisions of subsection (a) of this section, there is hereby
19	established a restricted receipt account within the general fund of the state for the sole purpose of
20	the collection and disbursement of any grant, devise, gift, or bequest of real or personal property
21	that may be made for the use and benefit of the design, construction, and furnishing of a new
22	Rhode Island veterans home in Bristol. This account shall be known as "donations- new veterans'
23	home construction".
24	SECTION 3. This article shall take effect as of January 1, 2014.
25	ARTICLE 4
26	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
27	SECTION 1. This article consists of joint resolutions that are submitted pursuant to
28	Rhode Island General Laws § 35-18-1, et seq.
29	SECTION 2. Information Technology Improvements.
30	WHEREAS, the funds generated from the sale of State Property to be deposited into the
31	Information Technology Investment Fund will be insufficient to fund system and application
32	upgrades that are required and anticipated by the State in the immediate future; and
33	WHEREAS, the projects that are required and are not able to be financed through the
34	Information Technology Investment Fund include, but are not limited to: department of
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1	administration budget and grants management and human resources information systems,
2	emergency notification system upgrades, Rhode Island veterans home – automated pharmacy
3	services, content management system, department of health electronic birth records, department
4	of environmental management enterprise permit system and record digitization upgrades, and an
5	electronic permitting system; and
6	WHEREAS, the Office of Digital Excellence and the Division of Information
7	Technology within the Department of Administration will review all information technology
8	requests and will prioritize them based on potential positive impact for consolidation, efficiency,
9	improvement in customer service, and the need for ongoing technical support; and
10	WHEREAS, the project costs associated with these information technology
11	improvements are estimated to be $30.0 million. Total payments on the State's obligation over ten
12	(10) years on the $30.0 million issuance are projected to be $38.9 million, assuming an average
13	interest rate of 5.0 percent. The payments would be financed within the department of
14	administration from general revenue appropriations; now, therefore, be it
15	RESOLVED, that this general assembly hereby approves financing in an amount not to
16	exceed $30.0 million for the provision of information technology improvements, including $0.5
17	million to pay costs of financing; and be it further
18	RESOLVED, that this joint resolution shall take effect immediately upon its passage by
19	the general assembly.
20	SECTION 3. Virks Building Renovation
21	WHEREAS, the Virks Building at the John O. Pastore Government Center in Cranston is
22	a vacant, four-story structure of approximately 54,000 square feet and is in need of immediate
23	repair, including roof, envelope and interior renovations, so that the State can continue to use this
24	capital asset; and
25	WHEREAS, the Executive Office and Health and Human Services (hereafter "EOHHS")
26	is in need of office space as program and operations now require larger facilities to successfully
27	carry out these programs; and
28	WHEREAS, the Executive Office of Health and Human Services will be able to leverage
29	federal funding available to pay for fifty (50) percent of the lease payments required once the
30	building has been fully renovated and occupied by EOHHS; and
31	WHEREAS, preliminary architectural and design costs for the renovations to the Virks
32	Building will be financed with Rhode Island Capital Plan Fund expenditures, which are estimated
33	to be three hundred thousand dollars ($300,000) in fiscal year 2014; and
34	WHEREAS, the project costs associated with the full renovation and upgrade to the Virks
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1	Building at the John O. Pastore Government Center are estimated to be $13.0 million and would
2	begin in fiscal year 2015. Total payments on the State's obligation over fifteen (15) years on the
3	$13.0 million issuance are projected to be $18.8 million, assuming an average interest rate of 5.0
4	percent. The payments would be financed within the department of administration from general
5	revenue appropriations and through federal funds available to the Executive Office of Health and
6	Human Services; now, therefore, be it
7	RESOLVED, that this general assembly hereby approves financing in an amount not to
8	exceed $13.0 million for the provision of renovations and upgrades to the Virks Building at the
9	Pastore Center in Cranston, which will provide additional office space for the Executive Office of
10	Health and Human Services, including $0.2 million to pay costs of financing; and be it further
11	RESOLVED, that this joint resolution shall take effect immediately upon its passage by
12	the general assembly.
13	SECTION 4. Garrahy Courthouse Parking Project.
14	WHEREAS, given the prime geographic location of the Garrahy Courthouse surface
15	parking lot site and its current limitations to adequately serve the Courthouse and surrounding
16	buildings; and
17	WHEREAS, given the results of the Garrahy Courthouse Parking Garage Conceptual
18	Analysis presented to a Special Legislative Commission for the Garrahy Parking Garage in
19	January, 2014 which identifies development of the current site into a multi-level parking garage
20	as a way to alleviate parking demand in the area and to spur economic activity; and
21	WHEREAS, the I-195 Redevelopment District Commission ("Commission") has the
22	principal responsibility for developing the surplus land from the relocation of Interstate 195 ("the
23	Link"), to promote economic development through the best use of nearby-by freed-up parcels;
24	and
25	WHEREAS, the Commission has indicated that adequate structured parking is essential
26	to the development of the Link; and
27	WHEREAS, the State is prepared, on its own, in concert with the Commission, another
28	quasi-public agency or in a public-private partnership to develop and operate the garage once
29	constructed; and
30	WHEREAS, the State would enter into a long term financial structure that would provide
31	initial financial benefits for the State from development of the garage, and include provisions for
32	long term revenues based on the upside potential of the project; now, therefore, be it
33	RESOLVED, that the State is authorized, if in the best interests of the State and to
34	effectuate the development of the garage, to sell the surface lot adjacent to the Garrahy
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1	Courthouse to a quasi-public agency, to enter into a long-term parking lease for court employees
2	and other state employees, and to enter into appropriate agreements including financing
3	arrangements that would permit the development and operation of the garage; and be it further
4	RESOLVED, that the general assembly hereby approves financing in an amount not to
5	exceed $45.0 million for the provision of financing for construction of a parking garage at the
6	current site of the Garrahy surface parking lot providing approximately 1,250 parking spaces and
7	13,800 square feet of retail space on the ground level; and further
8	RESOLVED, that this Joint Resolution shall take effect immediately upon its passage by
9	this General Assembly.
10	SECTION 5. Rhode Island Airport Corporation.
11	WHEREAS, the Rhode Island Commerce Corporation is a public instrumentality of the
12	State of Rhode Island (the "State"), created by the General Assembly pursuant to Rhode Island
13	General Laws §§ 42-64-1 et seq. (as enacted, reenacted and amended, the "Act"); and
14	WHEREAS, the Act declares, in part, that new industrial, manufacturing, recreational,
15	and commercial facilities are required to attract and house new industries and thereby reduce the
16	hazards of unemployment; and that unaided efforts of private enterprises have not met and cannot
17	meet the needs of providing those facilities due to problems encountered in assembling suitable
18	building sites, lack of adequate public service, unavailability of private capital for development,
19	and the inability of private enterprise alone to plan, finance, and coordinate industrial,
20	recreational, and commercial development; and
21	WHEREAS, the Act further declares it to be the public policy of the state to furnish
22	proper and adequate airport facilities within the state and to encourage the integration of these
23	facilities so far as practicable; and
24	WHEREAS, in furtherance of these goals, it is the policy of the state to retain existing
25	industries and to induce, encourage and attract new industries through the acquisition,
26	construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and
27	commercial facilities, as well as transportation, residential, environmental, utility, public service,
28	institutional and civic and community facilities, and to develop sites for such facilities; and
29	WHEREAS, the Act has empowered the Rhode Island Commerce Corporation to
30	establish subsidiary corporations to exercise its powers and functions, or any of them, and,
31	pursuant to such power, the Rhode Island Commerce Corporation has established the Rhode
32	Island Airport Corporation to plan, develop, construct, finance, manage, and operate airport
33	facilities in the state; and
34	WHEREAS, the Act provides that the Rhode Island Airport Corporation shall have the
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1	power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and
2	otherwise deal in and with, real or personal property, or any interest therein, wherever situated;
3	and
4	WHEREAS, the Act also provides that the Rhode Island Airport Corporation shall have
5	the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any
6	project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or
7	to grant options for any such purposes with respect to any real or personal property or interest
8	therein, all of the foregoing for such consideration as the Rhode Island Airport Corporation shall
9	determine. Any lease by the Rhode Island Airport Corporation to another party may be for such
10	part of the Rhode Island Airport Corporation's property, real or personal, for such period, upon
11	such terms or conditions, with or without an option on the part of the lessee to purchase any or all
12	of the leased property for such consideration, at or after the retirement of all indebtedness
13	incurred by the Rhode Island Airport Corporation on account thereof, as the Rhode Island Airport
14	Corporation shall determine; and
15	WHEREAS, the Act authorizes the Rhode Island Commerce Corporation to borrow
16	money and issue bonds for any of its corporate purposes; and
17	WHEREAS, pursuant to Rhode Island General Laws Sections 35-18-3 and 35-18-4, the
18	Rhode Island Commerce Corporation has requested the approval of the General Assembly of the
19	Rhode Island Commerce Corporation's issuance of airport revenue bonds (the "Bonds") for the
20	purpose of providing funds to the Rhode Island Airport Corporation for financing the various
21	capital projects including by way of example and not limitation runway and taxiway
22	improvements and facility developments on the premises, the provision of architectural,
23	engineering, surveying, construction management and other professional services necessary or
24	appropriate therefore ,funding capitalized interest, costs of issuing the Bonds and related costs,
25	and the establishment of reserves for the project and the Bonds, including a debt service reserve
26	fund (the "Airport Project"); and
27	WHEREAS, the financing of the Airport Project will be accomplished through one or
28	more loan agreements having the Rhode Island Airport Corporation as borrower, such agreement
29	or agreements to require that the Rhode Island Airport Corporation make loan payments in an
30	amount equal to the debt service on the Bonds.
31	RESOLVED, the General Assembly hereby approves the Rhode Island Commerce
32	Corporation's issuance of the Bonds (as defined below) and notes in anticipation thereof. The
33	Bonds will be special obligations of the Rhode Island Commerce Corporation payable exclusively
34	from loan repayments under a loan agreement with the Rhode Island Airport Corporation and
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1	from Bond proceeds, funds, accounts, and properties and the proceeds thereof pledged therefor,
2	and thus the Rhode Island Commerce Corporation's maximum liability will be limited to loan
3	repayments received under the loan agreement and the aggregate amount of such other funds,
4	accounts, properties, and proceeds.
5	RESOLVED, that the total amount of debt approved to be issued in the aggregate shall be
6	limited to not more than $60,000,000 (the "Bonds"). Total debt service on the Bonds is not
7	expected to exceed approximately $4,600,000 annually and approximately $135,000,000 in the
8	aggregate based on anticipated level annual payments, an estimated average interest rate of 6.25%
9	and a maturity of 30 years.
10	RESOLVED, the General Assembly hereby approves the Rhode Island Airport
11	Corporation's entering into the loan agreements described above. Payments under the loan
12	agreements shall be derived exclusively from project revenues and such other proceeds, funds,
13	accounts, projects and the proceeds thereof as the Rhode Island Airport Corporation may pledge
14	therefor.
15	RESOLVED, the Bonds or the amounts due under the loan agreements shall not
16	constitute indebtedness of the State or a debt for which the full faith and credit of the State is
17	pledged or a moral obligation thereof.
18	RESOLVED, that this resolution shall apply to debt issued within two (2) years of the
19	date of passage of this resolution.
20	SECTION 6. This article shall take effect upon passage.
21	ARTICLE 5
22	RELATING TO CAPITAL DEVELOPMENT PROGRAM
23	SECTION 1. Proposition to be submitted to the people. -- At the general election to be
24	held on the Tuesday next after the first Monday in November 2014, there shall be submitted to
25	the people for their approval or rejection the following proposition:
26	"Shall the action of the general assembly, by an act passed at the January 2014 session,
27	authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the
28	capital projects and in the amount with respect to each such project listed below be approved, and
29	the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the
30	provisions of said act?"
31	Project
32	(1) Higher Education Facilities $125,000,000
33	Approval of this question will allow the State of Rhode Island to issue general obligation
34	bonds, refunding bonds, and temporary notes in an amount not to exceed one hundred twenty-five
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1	million dollars ($125,000,000) to construct a new College of Engineering building and undertake
2	supporting renovations. The new building will anchor the northwest corner of the Engineering
3	Quadrangle on the Kingston Campus and provide contemporary and state-of-the-art instructional
4	and research facilities. As part of this project, outdated engineering buildings will be taken out of
5	service and razed.
6	(2) Creative and Cultural Economy $35,000,000
7	Approval of this question will authorize the State of Rhode Island to issue general
8	obligation bonds, refunding bonds, and temporary notes in an amount not to exceed thirty-five
9	million dollars ($35,000,000) to fund capital preservation and renovation projects for public and
10	nonprofit artistic, performance centers, historic sites, museums and cultural art centers located
11	throughout the State of Rhode Island. Of the thirty-five million dollars ($35,000,000) amount,
12	thirty million dollars ($30,000,000) will be used to capitalize a new Cultural Arts and the
13	Economy Grant program to be administered by the Rhode Island Commerce Corporation in
14	consultation with the Rhode Island State Council on the Arts and five million dollars
15	($5,000,000) will be used to assist cities and towns and non-profit organizations to renovate and
16	improve public and nonprofit historic sites, museums, and cultural art centers located in historic
17	structures to be administered by the Rhode Island Historical Preservation and Heritage
18	Commission.
19	(3) Mass Transit Hub Infrastructure $40,000,000
20	Approval of this question will allow the State of Rhode Island to issue general obligation
21	bonds, refunding bonds, and temporary notes in an amount not to exceed forty million dollars
22	($40,000,000) to fund enhancements and renovations to mass transit hub infrastructure
23	throughout the State of Rhode Island to improve access to multiple intermodal sites, key
24	transportation, healthcare, and other locations.
25	(4) Clean Water, Open Space, and Healthy Communities $75,000,000
26	Approval of this question will allow the State of Rhode Island to issue general obligation
27	bonds, refunding bonds, and temporary notes in an amount not to exceed seventy-five million
28	dollars ($75,000,000) for environmental and recreational purposes, to be allotted as follows:
29	(a) Brownfield Remediation and Economic Development $5,000,000
30	Provides up to eighty percent (80%) matching grants to public, private, and/or non-profit
31	entities for brownfield remediation projects.
32	(b) Green Streets and Green Neighborhoods $4,000,000
33	Provides up to seventy percent (70%) matching grants of five hundred thousand dollars
34	($500,000) or less for public, private, and/or non-profit entities to install "Green Infrastructure".
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1	(c) Flood Prevention $3,000,000
2	To provide grants to public and/or non-profit entities for project design and construction
3	grants for repairing and/or removing dams, restoring and/or improving resiliency of vulnerable
4	coastal habitats, and restoring rivers and stream floodplains.
5	(d) Local Land Acquisition $3,000,000
6	Provides fifty percent (50%) matching grants to municipalities, local land trusts and non-
7	profit organizations to acquire fee-simple title, development rights, or conservation easements to
8	open space in Rhode Island.
9	(e) Local Food Sector $500,000
10	Provides funds through the Department of Environmental Management's Local
11	Agriculture and Seafood Act program to farmers and/or non-profit entities to acquire, renovate
12	and construct agricultural structures that enhance the viability and profitability of Rhode Island's
13	food system.
14	(f) Farmland Acquisition $3,000,000
15	Provides funds to protect the state's working farms.
16	(g) Aquaculture Sector $3,200,000
17	Provides funds to develop a facility to serve as the base of operations for shellfish
18	management and restoration in Rhode Island.
19	(h) Marine Infrastructure and Pier Development $4,300,000
20	Provides funds for marine infrastructure and pier development at sites critical to Rhode
21	Island's tourism and fishing economy
22	(i) Parks and Management Area Improvement and Development $4,000,000
23	Provides funds to repair and improve Rhode Island's park and management areas
24	infrastructure.
25	(j) Land Conservation and Acquisition $4,000,000
26	Provides funds to purchase land, development rights and conservation easements to fill
27	gaps in state parks and management areas; protect iconic properties that have statewide
28	significance; and for state parks, beaches, and water access points.
29	(k) Lake Recreation and Restoration Fund $1,000,000
30	Provides funds to carry out long-term projects to improve water quality in lakes that are
31	priority state recreational assets and to improve access to and recreational opportunities on Rhode
32	Island's fresh water bodies.
33	(l) Local Recreation Grants $4,000,000
34	Provides up to eighty percent (80%) matching grant funds to municipalities to acquire ,
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1	develop, or rehabilitate local recreational facilities to meet the growing needs for active
2	recreational facilities.
3	(m) Distressed Community Recreation Grants $1,000,000
4	Provides ninety percent (90%) matching grants under the distressed communities
5	program to develop and acquire parks and parkland.
6	(n) Clean Water Finance Agency $20,000,000
7	Provides funds to finance water pollution abatement infrastructure projects.
8	(o) Water Facilities Assistance $15,000,000
9	Provides funds to be leveraged with local water supplier funds to finance state water
10	supply infrastructure projects.
11	SECTION 2. Ballot labels and applicability of general election laws. -- The secretary
12	of state shall prepare and deliver to the state board of elections ballot labels for each of the
13	projects provided for in section 1 hereof with the designations "approve" or "reject" provided next
14	to the description of each such project to enable voters to approve or reject each such proposition.
15	The general election laws, so far as consistent herewith, shall apply to this proposition.
16	SECTION 3. Approval of projects by people. -- If a majority of the people voting on
17	the proposition provided for in section 1 hereof shall vote to approve the proposition as to any
18	project provided for in section 1 hereof, said project shall be deemed to be approved by the
19	people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be
20	limited to the aggregate amount for all such projects as set forth in the proposition provided for in
21	section 1 hereof which has been approved by the people.
22	SECTION 4. Bonds for capital development program. -- The general treasurer is
23	hereby authorized and empowered with the approval of the governor and in accordance with the
24	provisions of this act, to issue from time to time capital development bonds in serial form in the
25	name and on behalf of the state in amounts as may be specified from time to time by the governor
26	in an aggregate principal amount not to exceed the total amount for all projects approved by the
27	people and designated as "capital development loan of 2014 bonds" provided, however, that the
28	aggregate principal amount of such capital development bonds and of any temporary notes
29	outstanding at any one time issued in anticipation thereof pursuant to section 7 hereof shall not
30	exceed the total amount for all such projects as have been approved by the people. All provisions
31	in this act relating to "bonds" shall also be deemed to apply to "refunding bonds".
32	Capital development bonds issued under this act shall be in denominations of one
33	thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency
34	of the United States which at the time of payment shall be legal tender for public and private
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1	debts. These capital development bonds shall bear such date or dates, mature at specified time or
2	times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in
3	which they are issued, bear interest payable semi-annually at a specified rate or different or
4	varying rates, be payable at designated time or times at specified place or places, be subject to
5	expressed terms of redemption or recall, with or without premium, be in a form, with or without
6	interest coupons attached, carry such registration, conversion, reconversion, transfer, debt
7	retirement, acceleration and other provisions as may be fixed by the general treasurer, with the
8	approval of the governor, upon each issue of such capital development bonds at the time of each
9	issue. Whenever the governor shall approve the issuance of such capital development bonds, he
10	or she shall certify approval to the secretary of state; the bonds shall be signed by the general
11	treasurer and countersigned by the manual or facsimile signature of the secretary of state and
12	shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be
13	endorsed on each bond so approved with a facsimile of his or her signature.
14	SECTION 5. Refunding bonds for 2014 capital development program. -- The general
15	treasurer is hereby authorized and empowered, with the approval of the governor and in
16	accordance with the provisions of this act, to issue from time to time bonds to refund the 2014
17	capital development program bonds in the name and on behalf of the state, in amounts as may be
18	specified from time to time by the governor in an aggregate principal amount not to exceed the
19	total amount approved by the people, to be designated as "capital development program loan of
20	2014 refunding bonds" (hereinafter "refunding bonds").
21	The general treasurer with the approval of the governor shall fix the terms and form of
22	any refunding bonds issued under this act in the same manner as the capital development bonds
23	issued under this act, except that the refunding bonds may not mature more than twenty (20)
24	years from the date of original issue of the capital development bonds being refunded.
25	The proceeds of the refunding bonds, exclusive of any premium and accrual interest and
26	net the underwriters' cost, and cost of bond insurance, shall, upon their receipt, be paid by the
27	general treasurer immediately to the paying agent for the capital development bonds which are to
28	be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they
29	are applied to prepay the capital development bonds. While such proceeds are held in trust, they
30	may be invested for the benefit of the state in obligations of the United States of America or the
31	State of Rhode Island.
32	If the general treasurer shall deposit with the paying agent for the capital development
33	bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when
34	invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
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1	principal, interest, and premium, if any, on the capital development bonds until these bonds are
2	called for prepayment, then such capital development bonds shall not be considered debts of the
3	State of Rhode Island for any purpose from the date of deposit of such moneys with the paying
4	agent. The refunding bonds shall continue to be a debt of the state until paid.
5	The term "bond" shall include "note", and the term "refunding bonds" shall include
6	"refunding notes" when used in this act.
7	SECTION 6. Proceeds of capital development program. -- The general treasurer is
8	directed to deposit the proceeds from the sale of capital development bonds issued under this act,
9	exclusive of premiums and accrued interest and net the underwriters' cost, and cost of bond
10	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
11	in special accounts (hereinafter cumulatively referred to as "such capital development bond
12	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
13	have been approved by the people to be used for the purpose of paying the cost of all such
14	projects so approved.
15	All monies in the capital development bond fund shall be expended for the purposes
16	specified in the proposition provided for in section 1 hereof under the direction and supervision of
17	the director of administration (hereinafter referred to as "director"). The director or his or her
18	designee shall be vested with all power and authority necessary or incidental to the purposes of
19	this act, including but not limited to, the following authority: (a) to acquire land or other real
20	property or any interest, estate or right therein as may be necessary or advantageous to
21	accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans
22	and specifications, and relocation expenses and other costs such as for furnishings, equipment
23	designing, inspecting and engineering, required in connection with the implementation of any
24	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
25	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
26	improvements to land in connection with the implementation of any projects set forth in section 1
27	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
28	for repair, renovation or conversion of systems and structures as necessary for 2014 capital
29	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
30	expended in excess of the amount of the capital development bond fund designated for each
31	project authorized in section 1 hereof. With respect to the bonds and temporary notes described in
32	section 1, the proceeds shall be used for the following purposes:
33	Question 1 relating to bonds in the amount of one hundred twenty-five million dollars
34	($125,000,000) to be provided to the University of Rhode Island to construct a state-of-the-art
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1	College of Engineering building and for supporting renovations and demolition of outdated
2	engineering buildings at the University of Rhode Island Kingston Campus.
3	Question 2 relating to bonds in the amount of thirty-five million dollars ($35,000,000) for
4	capital preservation and renovation projects for public and non-profit artistic, performance
5	centers, historic sites, museums and cultural arts centers to be allocated as follows:
6	(a) Cultural Arts and the Economy Grant Program $30,000,000
7	Provide funds for the a new Cultural Arts and the Economy Grant program to be
8	administered by the Rhode Island Commerce Corporation in consultation with the Rhode Island
9	State Council on the Arts for capital preservation and renovation projects for public and nonprofit
10	artistic, performance centers and cultural art centers located throughout the State of Rhode Island.
11	(b) State Preservation Grants Program $5,000,000
12	Provide funds to cities, towns and non-profit organizations to preserve, renovate and
13	improve public and nonprofit historic sites, museums, and cultural art centers located in historic
14	structures in the State of Rhode Island to be administered by the Rhode Island Historical
15	Preservation and Heritage Commission.
16	Question 3 relating to bonds in the amount of forty million dollars ($40,000,000) to be
17	provided to the Department of Transportation to provide funding for enhancements and
18	renovations to mass transit hub infrastructure throughout the State of Rhode Island to improve
19	access to multiple intermodal sites, key transportation, healthcare, and other locations.
20	Question 4 relating to bonds in the amount of seventy five million dollars ($75,000,000)
21	for Clean Water, Open Space, and Healthy Communities programs to be allocated as follows:
22	(a) Brownfield Remediation for Economic Development $5,000,000
23	Provides up to eighty percent (80%) matching grants to public, private, and/or non-profit
24	entities for brownfield remediation projects. Between 10,000 and 12,000 abandoned industrial
25	sites, referred to as "brownfields," lie idle in towns and cities across the state, much of it in prime
26	commercial or industrial locations within the state's urban services boundaries established by
27	Land Use 2020. Cleanup, reinvestment and re-use of these sites creates and attracts jobs, protects
28	the urban environment, removes hazards, prevents sprawl, and reduces the cost of stormwater
29	flooding.
30	(b) Green Streets and Green Neighborhoods $4,000,000
31	Provides up to seventy percent (70%) matching grants of five hundred thousand dollars
32	($500,000) or less for public, private, and/or non-profit entities to install "Green Infrastructure",
33	such as green roofs, rain gardens, vegetated swales, pocket wetlands, green parking, vegetated
34	filter strips, and riparian buffers to address major stormwater issues in Rhode Island communities.
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1	Investment in green infrastructure will reduce beach closures, polluted ponds and flooding; build
2	resiliency to extreme weather events; and create green jobs.
3	(c) Flood Prevention $3,000,000
4	Provides grants to public and/or non-profit entities for project design and construction
5	grants for repairing and/or removing dams, restoring and/or improving resiliency of vulnerable
6	coastal habitats, and restoring rivers and stream floodplains. These funds are expected to leverage
7	significant matching funds to support local programs to improve community resiliency and public
8	safety in the face of increased flooding, major storm events, and environmental degradation.
9	(d) Local Land Acquisition to Build Resiliency and Natural Buffers $3,000,000
10	Provides fifty percent (50%) matching grants to municipalities, local land trusts and non-
11	profit organizations to acquire fee-simple title, development rights, or conservation easements to
12	open space in Rhode Island. Two million dollars ($2,000,000) of this bond funding will be
13	prioritized for acquisitions or easements along vulnerable rivers, streams, ponds, and shoreline.
14	(e) Growing our Local Food Sector $500,000
15	Provides funds through the Department of Environmental Management's Local
16	Agriculture and Seafood Act program to farmers and/or non-profit entities to acquire, renovate,
17	and construct agricultural structures that enhance the viability and profitability of Rhode Island's
18	food system.
19	(f) Farmland Acquisition for Active Use $3,000,000
20	Provides funds to protect the state's working farms. Through the State Land Acquisition
21	Program, the Department of Environmental Management will purchase farmland in danger of
22	converting to non-agricultural use, then restrict and affordably sell or lease the land to qualified
23	farmers. Funds from sale of the land to farmers will be returned to the program account for re-use
24	in new projects.
25	(g) Supporting the Growth of our Aquaculture Sector $3,200,000
26	Provides funds for developing a facility to serve as the base of operations for shellfish
27	management and restoration in Rhode Island. Linked to the priorities and recommendations of the
28	University of Rhode Island-led Shellfish Management Planning Initiative, the facility will house
29	the Department of Environmental Management's Fish and Wildlife staff, host marine restoration
30	partners, such as The Nature Conservancy, Save the Bay, and state universities; and serve as the
31	base for aquaculture research, restoration, and aquaculture business sector development.
32	(h) Marine Infrastructure and Pier Development $4,300,000
33	Provides funds for marine infrastructure and pier development at sites critical to Rhode
34	Island's tourism and fishing economy. Funds used for marine development and improvements
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1	will be matched with federal funds, with landside improvements to be leveraged with local,
2	private, and federal funds. These funds shall be used to: develop a fishing pier and boating access
3	ramp at Rocky Point in Warwick; develop a fishing pier and public restroom facility at India
4	Point in Providence; and develop a fishing pier at Green Lane in Portsmouth.
5	(i) Park and Management Area Improvement and Development $4,000,000
6	Provides funds to repair and improve Rhode Island's park and management areas
7	infrastructure. The Department of Environmental Management maintains over fifty state-owned
8	buildings and over 163 miles of paved and un-paved roads in state parks and management areas.
9	Priority projects include facility upgrades at Colt State Park, Brenton Point, and Fisherman's
10	Memorial state park; drainage and road improvements within the state's management areas;
11	demolition of structures at Arcadia, Black Farm, and Chopmist management areas; and the initial
12	phase of Rocky Point development.
13	(j) Land Conservation and Acquisition Program $4,000,000
14	Provides funds to purchase land, development rights and conservation easements to fill
15	gaps in state parks and management areas; protect iconic properties that have statewide
16	significance; and for state parks, beaches, and water access points. Rhode Island's beaches, bays,
17	forests, farms, and rivers help to sustain the state's economy and provide residents with a high
18	quality of life. On average, the Department of Environmental Management is able to leverage a
19	seventy-five percent (75%) match from federal and local sources to match the state's investment.
20	(k) Lake Recreation and Restoration Fund $1,000,000
21	Provides funds to carry out long-term projects to improve water quality in lakes that are
22	priority state recreational assets and to improve access to and recreational opportunities on Rhode
23	Island's fresh water bodies. Rhode Island's landscape includes hundreds of freshwater lakes and
24	ponds covering 20,749 acres. Freshwater facilities and water bodies provide a myriad of outdoor
25	recreational opportunities, support our robust recreational fishing economy, and in many
26	communities serve as drinking water supplies.
27	(l) Local Recreation Grants $4,000,000
28	Provides up to eighty percent (80%) matching grant funds to municipalities to acquire,
29	develop, or rehabilitate local recreational facilities to meet the growing needs for active
30	recreational facilities. All grant applications are evaluated and ranked by the State Recreation
31	Resources Review Committee.
32	(m) Distressed Community Recreation Grants $1,000,000
33	Provides ninety percent (90%) matching grants under the distressed communities
34	program for development of parks and parkland acquisition.
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1	(n) Capital for Clean Water $20,000,000
2	Provides funds to be administered by the Clean Water Finance Agency to finance water
3	pollution abatement infrastructure projects. The Department of Environmental Management has
4	compiled a list of more than $1.8 billion dollars of needed clean water infrastructure
5	improvements from municipalities and the Narragansett Bay Commission. Projects range from
6	wastewater treatment upgrades and stormwater quality improvements to combined sewer
7	overflow abatement projects.
8	(o) Protection and Enhancement of Public Drinking Water Supplies $15,000,000
9	Provides funds to be leveraged with local water supplier funds to finance state water
10	supply infrastructure projects. Projects include the construction of an alternative water supply line
11	for the Bristol County Water Authority and to construct interconnection lines between major
12	water systems for strategic movement of water throughout the State, both for emergency and
13	normal operations.
14	SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority
15	of this act shall be sold from time to time at not less than the principal amount thereof, in such
16	mode and on such terms and conditions as the general treasurer, with the approval of the
17	governor, shall deem to be for the best interests of the state.
18	Any premiums and accrued interest, net of the cost of bond insurance and underwriter's
19	discount, which may be received on the sale of the capital development bonds or notes shall
20	become part of the Rhode Island Capital Plan Fund of the state, unless directed by federal law or
21	regulation to be used for some other purpose.
22	In the event that the amount received from the sale of the capital development bonds or
23	notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may
24	be used to the extent possible to retire the bonds as the same may become due, to redeem them in
25	accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the
26	approval of the governor, shall deem to be for the best interests of the state.
27	Any bonds or notes issued under the provisions of this act and coupons on any capital
28	development bonds, if properly executed by the manual or facsimile signatures of officers of the
29	state in office on the date of execution shall be valid and binding according to their tenor,
30	notwithstanding that before the delivery thereof and payment therefor, any or all such officers
31	shall for any reason have ceased to hold office.
32	SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -
33	- All bonds and notes issued under the authority of this act shall be exempt from taxation in the
34	state and shall be general obligations of the state, and the full faith and credit of the state is hereby
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1	pledged for the due payment of the principal and interest on each of such bonds and notes as the
2	same shall become due.
3	SECTION 9. Investment of moneys in fund. -- All moneys in the capital development
4	fund not immediately required for payment pursuant to the provisions of this act may be invested
5	by the investment commission, as established by chapter 35-10, pursuant to the provisions of such
6	chapter; provided, however, that the securities in which the capital development fund is invested
7	shall remain a part of the capital development fund until exchanged for other securities; and
8	provided further, that the income from investments of the capital development fund shall become
9	a part of the general fund of the state and shall be applied to the payment of debt service charges
10	of the state, unless directed by federal law or regulation to be used for some other purpose, or to
11	the extent necessary, to rebate to the United States treasury any income from investments
12	(including gains from the disposition of investments) of proceeds of bonds or notes to the extent
13	deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from
14	federal income taxation.
15	SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not
16	otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and
17	notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise
18	appropriated.
19	SECTION 11. Advances from general fund. -- The general treasurer is authorized from
20	time to time with the approval of the director and the governor, in anticipation of the issue of
21	notes or bonds under the authority of this act, to advance to the capital development bond fund for
22	the purposes specified in section 6 hereof, any funds of the state not specifically held for any
23	particular purpose; provided, however, that all advances made to the capital development bond
24	fund shall be returned to the general fund from the capital development bond fund forthwith upon
25	the receipt by the capital development fund of proceeds resulting from the issue of notes or bonds
26	to the extent of such advances.
27	SECTION 12. Federal assistance and private funds. -- In carrying out this act, the
28	director, or his or her designee, is authorized on behalf of the state, with the approval of the
29	governor, to apply for and accept any federal assistance which may become available for the
30	purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of
31	any federal legislation therefor, to enter into, act and carry out contracts in connection therewith,
32	to act as agent for the federal government in connection therewith, or to designate a subordinate
33	so to act. Where federal assistance is made available, the project shall be carried out in
34	accordance with applicable federal law, the rules and regulations thereunder and the contract or
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1	contracts providing for federal assistance, notwithstanding any contrary provisions of state law.
2	Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited
3	in the capital development bond fund and expended as a part thereof. The director or his or her
4	designee may also utilize any private funds that may be made available for the purposes of this
5	act.
6	SECTION 13. Effective Date. -- Sections 1, 2, 3, 11, and 12 of this article shall take
7	effect upon passage. The remaining sections of this article shall take effect when and if the state
8	board of elections shall certify to the secretary of state that a majority of the qualified electors
9	voting on the propositions contained in section 1 hereof have indicated their approval of all or any
10	projects thereunder.
11	ARTICLE 6
12	RELATING TO RESOURCE RECOVERY CORPORATION
13	SECTION 1. Section 23-19-13.5 of the General Laws in Chapter 23-19 entitled "Rhode
14	Island Resource Recovery Corporation" is hereby amended to read as follows:
15	23-19-13.5. Interim rates. -- The municipal tipping fee charged by the resource recovery
16	corporation shall be as follows:
17	(1) Thirty-two dollars ($32.00) per ton from July 1, 2011 to June 30, 2014 2015, for any
18	municipality that recycles between zero percent (0%) and twenty-four and ninety-nine hundredths
19	percent (24.99%) of its solid waste at the Corporation's material recycling facility ("MRF") in
20	Johnston.
21	(2) Thirty-one dollars ($31.00) per ton from July 1, 2011 to June 30, 2014 2015, for any
22	municipality that recycles between twenty-five percent (25%) and twenty-nine and ninety-nine
23	hundredths percent (29.99%) of its solid waste at the Corporation's ("MRF") in Johnston.
24	(3) Thirty dollars ($30.00) per ton from July 1, 2011 to June 30, 2014 2015, for any
25	municipality that recycles between thirty percent (30%) and thirty-four and ninety-nine
26	hundredths percent (34.99%) of its solid waste at the Corporation's ("MRF") in Johnston.
27	(4) Twenty-nine dollars ($29.00) per ton from July 1, 2011 to June 30, 2014 2015, for
28	any municipality that recycles thirty-five percent (35%) or more of its solid waste at the
29	Corporation's ("MRF") in Johnston.
30	(5) The Corporation shall issue a rebate not later than September 1 of each year to those
31	municipalities qualifying for a year-end tipping fee adjustment according to the municipality's
32	actual recorded tonnage delivered to the MRF in Johnston, and in accordance with the provisions
33	of the municipality's current-year signed solid waste and recycling services agreement with the
34	corporation.
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1	SECTION 2. This article shall take effect as of July 1, 2014.
2	ARTICLE 7
3	RELATING TO REGIONAL GREENHOUSE GAS INITIATIVE ACT
4	SECTION 1. Section 23-82-6 of the General Laws in Chapter 23-82 entitled
5	"Implementation of the Regional Greenhouse Gas Initiative Act" is hereby amended to read as
6	follows:
7	23-82-6. Use of auction or sale proceeds. -- (a) The proceeds from the auction or sale of
8	the allowances shall be used for the benefit of energy consumers through investment in the most
9	cost-effective available projects that can reduce long-term consumer energy demands and costs.
10	Such proceeds may be used only for the following purposes, in a proportion to be determined
11	annually by the office in consultation with the council and the board:
12	(1) Promotion of cost-effective energy efficiency and conservation in order to achieve the
13	purposes of § 39-1-27.7;
14	(2) Promotion of cost-effective renewable non-carbon emitting energy technologies in
15	Rhode Island as defined in § 39-26-5 and to achieve the purposes of chapter 39-26 entitled
16	"Renewable Energy Standard";
17	(3) Cost-effective direct rate relief for consumers;
18	(4) Direct rate relief for low-income consumers;
19	(5) Reasonable compensation to an entity selected to administer the auction or sale; and
20	(6) Reasonable costs of the department of environmental management and office of
21	energy resources in administering this program, as well as other climate change, energy
22	efficiency, and renewable program efforts of the department of environmental management and
23	office of energy resources, which shall not in any year exceed three hundred thousand dollars
24	($300,000) or five percent (5%) ten percent (10%) of the proceeds from sale or auction of the
25	allowances, whichever is less greater. Administrative funds not expended in any fiscal year shall
26	remain in the administrative account to be used as needed in subsequent years. The office of
27	energy resources shall have the ability to apply administrative funds not used in a fiscal year to
28	achieve the purpose of this section. The funds deposited into the administrative funds account
29	shall be exempt from the indirect cost recovery provisions of section 35-4-27.
30	(b) Any interest earned on the funds so generated must be credited to the fund. Funds not
31	spent in any fiscal year shall remain in the fund to be used for future energy efficiency and carbon
32	reduction programs.
33	(c) Annually, the office, in consultation with council and board, shall prepare a draft
34	proposal on how the proceeds from the allowances shall be allocated. The draft proposal shall be
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1	designed to augment and coordinate with existing energy efficiency and renewable energy
2	programs, and shall not propose use of auction proceeds for projects already funded under other
3	programs. The proposal for allocation of proceeds in subsections 23-82-6(1), (2) and (3) shall be
4	one that best achieves the purposes of the law, namely, lowering carbon emissions and
5	minimizing costs to consumers over the long term. The office shall hold a public hearing and
6	accept public comment on the draft proposal in accordance with chapter 42-35 (the
7	"Administrative Procedure Act"). Once the proposal is final, the office shall authorize the
8	disbursement of funds in accordance with the final plan.
9	(d) The office shall prepare, in consultation with council and board, a report by April
10	15th of each year describing the implementation and operation of RGGI, the revenues collected
11	and the expenditures, including funds that were allocated to the energy efficiency and renewable
12	energy programs, and the individuals, businesses and vendors that received funding, made under
13	this section, the statewide energy efficiency and carbon reduction programs, and any
14	recommendations for changes to law relating to the state's energy conservation or carbon
15	reduction efforts. The report shall be made public and be posted electronically on the website of
16	the office of energy resources and shall also be submitted to the general assembly.
17	SECTION 2. This article shall take effect as of July 1, 2014.
18	ARTICLE 8
19	RELATING TO WATER SUPPLIES
20	SECTION 1. Sections 46-15.5-2, 46-15.5-4, 46-15.5-5, 46-15.5-6, 46-15.5-6.1, 46-15.5-
21	7, and 46-15.5-9 of the General Laws in Chapter 46-15.5 entitled "Bristol County Water Supply"
22	are hereby amended to read as follows:
23	46-15.5-2. Legislative declaration. -- Recognizing the importance of protecting,
24	maintaining and utilizing all sources of potable water and recognizing that with the continued
25	demands on the Scituate Reservoir water resources throughout the State, the existing Bristol
26	County water supplies will remain an important source of water for Bristol County in the future
27	(there being no other logical recipient of this water), it is the intent of the legislature that the
28	existing sources, transmission lines and treatment facilities be maintained and/or upgraded to
29	conform to federal Safe Drinking Water Act standards, 42 U.S.C. § 300f et seq. as a tertiary
30	source, irrespective of whether ownership and control is maintained by the Bristol County water
31	authority or is turned over to the state water resources board or its successor. Accordingly, this
32	general assembly hereby finds and declares that:
33	(1) The citizens of Bristol County and East Providence lack an adequate and secure
34	supply a secure and reliable secondary source of potable water;
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1	(2) Heretofore acting through Bristol County water authority the state water resources
2	board, the citizens of Bristol County Staff of the state water resources board, representatives of
3	the Pawcatuck water supply board, the East Providence water division, and the Bristol County
4	water authority have presented a proposal for the construction of certain water facilities to bring
5	water from the Scituate Reservoir Pawtucket Water Supply Board's reservoirs to East Providence
6	and the Bristol County water authority pump station in East Providence;
7	(3) The state and its citizens would be better served and the environment enhanced by the
8	construction of an additional connection connecting Bristol County to the Scituate Reservoir
9	future demands for potable water in the state's Northern Region are estimated by the state water
10	resources board to be adequately serviced by the Northern Region surface water systems; and
11	(4) The need for water in Bristol County and East Providence is critical and requires
12	immediate and prompt action on the part of the state, its agencies, boards and commissions.
13	(5) The Bristol County will require water authority and the East Providence water
14	division may use water from the Pawtucket water supply board as an alternate source of supply,
15	in order to construct the improvements to its existing system of reservoirs, wells, and treatment
16	plants in addition to their existing water supply from the Providence water supply board,
17	(6) The alternatives connection to the Pawtucket water supply board authorized by this
18	chapter will be less expensive than the East Providence connection Shad Factory pipeline
19	replacement and the Child Street Treatment facility upgrade, so-called, and
20	(7) Reliance by citizens of East Providence and Bristol County on a single connection to
21	the Providence water supply board would create a hazard to the health, safety and welfare of the
22	citizens of East Providence and Bristol County, and, therefore, the construction of an emergency
23	connection interconnection to the Pawtucket water supply board, which shall permit water to flow
24	in either direction is a public necessity.
25	(8) The state is mandated to upgrade the current Bristol County water system of
26	reservoirs, wells, treatment plant, and transmission lines, with the first priority being given to the
27	construction of a new raw water transmission line coordinate the construction of the
28	interconnection between Pawtucket water supply board, the East Providence water division, and
29	the Bristol County water authority.
30	46-15.5-4. Rates and charges for water. -- If either the Pawtucket water supply board,
31	city of East Providence or the Bristol County water authority shall utilize the emergency
32	connection interconnection, the party providing water shall charge the party for the water so
33	provided an amount determined by applying the rate charged to such providing party by the
34	Providence originating water supply board under the then current schedule applicable to such
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1	party. No such connection nor the transmission of water through such connection nor the payment
2	of the surcharge shall subject the either the City of East Providence or the Pawtucket water supply
3	board to the jurisdiction of the public utilities commission pursuant to § 39-1-2(20).
4	46-15.5-5. Financing. -- (a) The Bristol County water authority extension of the its
5	transmission system to connect the Bristol County water authority to the Providence Pawtucket
6	water supply system through the additional connection together with the emergency connection as
7	set forth in § 46-15.5-3 and the cost of planning, design and permitting the improvements to the
8	Bristol County water authority's existing system as set forth in § 46-15.5-6 (the "existing system"
9	enhancement) as directed by the water resources board shall be deemed an approved intersystem
10	facility as that term is defined in § 46-15.2-3 and up to fifty percent (50%) of the cost thereof
11	shall be considered eligible for funding pursuant to the provisions of chapter 15.2 of this title.
12	This funding will supplement the funding available through provisions of § 46-15.5-6 and 46-
13	15.5-6.1. The remaining costs will be contributed by the Pawtucket water supply board, East
14	Providence water division, and the Bristol County water authority, in proportions to be
15	established by the state water resources board. There is hereby included in the 1994 capital
16	budget an amount equal to $14.8 million ($14,800,000) to be used to fund such additional
17	connections, the emergency connection and the existing system enhancement. The water
18	resources board is hereby directed to take such steps as shall be necessary to transfer any funds
19	heretofore set aside or designated for purposes of providing funding to the Bristol County water
20	authority for the cross-bay pipeline to the East Providence connection for the design, permitting,
21	and construction of interconnections between the Pawtucket water supply board and the Bristol
22	County water authority system, as authorized and directed by this chapter.
23	(b) The Bristol County water authority, the East Providence water division, and the
24	Pawtucket water supply board is deemed to have met the provisions of § 46-15.2-5(d)(2), (3), (4),
25	(5), (6), (8), (e) and (f) with respect to the connections authorized by this chapter. The water
26	resources board shall give priority to the application filed by the Bristol County water authority in
27	accordance with chapter 15.2 of this title and this chapter and shall approve the project based
28	upon its findings of fact as provided in §§ 46-15.2-5(d)(1) and (7) without the necessity of
29	meeting any other conditions precedent set forth in §§ 46-15.2-4(e) and 46-15.2-6(a).
30	(c) All other state agencies having jurisdiction over the Bristol County water authority
31	with respect to any permit required to design and construct the additional and emergency
32	connections authorized by this chapter shall give administrative, hearing and decisional priority to
33	any application for any such permit.
34	46-15.5-6. Existing facilities of the Bristol County water authority. -- (a) The Bristol
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1	County water authority will continue to maintain its reservoirs, wells and well sites, transmission
2	lines and water treatment plants in good, sound and safe condition in accordance with its past
3	practices. The Bristol County water authority shall continue to take all steps necessary to protect
4	its legal right to withdraw water from its existing reservoirs, wells and well sites, and shall protect
5	the watershed surrounding said reservoirs to the extent it has legal authority to do so and shall
6	maintain its transmission lines from its existing reservoirs, wells, well sites and water treatment
7	facilities; provided, however, that if in order to protect its legal authority to withdraw water from
8	the existing reservoirs, the Bristol County water authority shall be required to maintain all or part
9	of its facilities in accordance with federal Safe Drinking Water Act standards, 42 U.S.C. § 300f et
10	seq., the capital cost thereof shall be paid for by the state water resources board ratepayers of the
11	Bristol County water authority.
12	(b) The Bristol County water authority in co-operation with the state water resources
13	board shall prepare a plan to protect, enhance and improve its existing reservoirs, wells, well
14	sites, transmission lines and treatment plants. Upon approval of such plan, the authority shall
15	cause to be prepared definitive construction plans and drawings and shall apply for and prosecute
16	to completion all federal, state and local permits necessary to permit such construction to be
17	lawfully undertaken.; provided, however, if at any time, the Bristol County water authority shall
18	have satisfied the limitation on its financial commitment as set forth in § 46-15.5-6.1, then it shall
19	no longer be required to undertake such planning, design and permitting unless the water
20	resources board shall lawfully provide one hundred percent (100%) of the cost thereof. This plan
21	will be integrated into the Bristol County water authority water supply system management plan
22	pursuant to chapter 15.3 of this title. Such plan shall make reference to the proper use,
23	management, and maintenance of the primary, secondary, and tertiary sources of supply.
24	(c) Upon completion of the construction authorized by such plan, the Bristol County
25	water authority shall utilize the existing system as so improved in the overall management of its
26	water supply and distribution system in compliance with its water supply management plan
27	approved pursuant to chapter 15.4 15.3 of this title. If, after all permits for such improvements
28	and enhancements have been received the water resources board shall determine to purchase such
29	existing reservoirs, wells, well sites, transmission lines, and distribution of water treatment
30	facilities, the Bristol County water authority is authorized to sell or lease any one or more of such
31	reservoirs, wells, well sites, transmission lines, or treatment facilities to the board pursuant to the
32	provision of § 46-15.1-7 and the board is authorized to the extent not otherwise permitted by law
33	to acquire such facilities and improve such facilities under the provisions of chapter 15.3 of this
34	title except as specifically provided for in this section. From and after the date of the activation of
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1	the additional and emergency connection, the Bristol County water authority shall have no further
2	obligation to expend funds for improvements to its reservoirs, pipelines connecting any one or
3	more of such reservoirs and water treatment facilities unless and to the extent that such funds
4	shall be provided by the water resources board pursuant to existing provisions of the general laws
5	or such provisions as may be hereinafter enacted.
6	(d) The state water resources board shall provide funding necessary to maintain the
7	reservoirs, wells and well sites and pipelines connecting any one or more of such reservoirs, wells
8	and well sites, and water treatment facilities of the Bristol County water authority system from
9	general obligation bond proceeds, if available, of up to $13.5 million (fifty percent (50%) of the
10	total estimated project cost of $27.0 million) to construct interconnections from the Pawtucket
11	water supply board system to the Bristol County water authority system, so as to meet all federal
12	standards related to safe drinking water. Notwithstanding any other provision of law, any
13	amounts so expended by the state water resources board shall be deemed eligible expenditures
14	within the meaning of § 46-15.3-4(4).
15	46-15.5-6.1. Limitation on expenditures. -- The Bristol County water authority, the
16	Pawtucket water supply board, and the East Providence water division shall pay fifty percent
17	(50%) proportional shares of costs of planning, design, permitting and construction of the
18	additional and emergency connections authorized by this chapter, until the total cost thereof shall
19	equal $29.6 million ($29,600,000) in proportions to be established by the state water resources
20	board. All costs in excess of $29.6 million ($29,600,000) $13.5 million will be paid by the Bristol
21	County water authority, the East Providence water division, and the Pawtucket water supply
22	board, in proportions to be established by the state water resources board. In the event that the
23	total expenditures by the Bristol County water authority for the planning, design, permitting and
24	construction of the additional and emergency connections authorized hereby shall be less than
25	$14.8 million ($14,800,000), the Bristol County water authority shall expend the differences for
26	the planning, design, permitting and construction of the existing systems enhancements, with the
27	first priority being given to the completion of a new raw water transmission line to the existing
28	Bristol County reservoirs.
29	46-15.5-7. Connection with Providence and Pawtucket water supply system. -- The
30	provisions of § 18 of chapter 1278 of the public laws of Rhode Island, of 1915 as amended,
31	dealing with the connection of the Bristol County water authority with the Providence water
32	supply system are hereby amended to authorize the additional connection and the emergency
33	connections in the manner approved by the water resources board in accordance with the
34	provisions of this chapter and with chapter 15 of this title. That § 18 is further amended by adding
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1	the City of East Providence to those cities wherein all pipelines and other water works
2	appurtenances of the Bristol County water authority are exempt from local taxation. The City of
3	Providence is authorized and directed to treat the additional connection as an acceptable "delivery
4	point" pursuant to those provisions of that certain agreement dated March 28, 1986 between the
5	Bristol County water authority and the City of Providence, subject nevertheless to the provisions
6	of § 5 of such agreement. The connection of the Bristol County water authority system and the
7	East Providence water division with the Pawtucket water supply board system shall be authorized
8	by the water resources board in accordance with the provisions of this chapter and with chapter
9	15 of this title, and as stated in a written agreement executed by the parties.
10	46-15.5-9. Administrative priority. -- Any state agency, board, council, or commission
11	shall give priority in terms of consideration of, and hearing on, any application made by the
12	Bristol County water authority, East Providence water division, or the Pawtucket water supply
13	board, seeking necessary approvals to carry out the provisions of this chapter.
14	SECTION 2. Section 46-15.5-3 of the General Laws in Chapter 46-15.5 entitled "Bristol
15	County Water Supply" is hereby repealed.
16	46-15.5-3. Pipeline connection. -- (a) The Bristol County water authority shall design,
17	plan, permit, and construct an additional connection to the City of Providence water supply
18	system and construct a new water transmission line to its existing reservoirs. The additional
19	connection to Providence will be constructed north of Fields Point across the Providence River
20	through subterranean excavation, directional drilling or micro tunneling for a pipe not to exceed
21	thirty (30) inches in diameter and without any excavation of the river bed and to extend its
22	transmission mains into and through the city of East Providence to connect with the distribution
23	system of the Bristol County water authority to effect a regular and emergency connection at such
24	places and on such terms and pursuant to such plans as the water resources board shall approve
25	pursuant to the provisions of § 46-15-7.
26	(1) In addition, the Bristol County water authority shall design, plan, permit, and
27	construct an emergency connection to the City of East Providence water supply system at such
28	point and upon such terms and conditions as the authority, the city and the water resources board
29	shall agree upon.
30	(2) It is hereby being determined that such connections are just and equitable to all the
31	municipalities affected thereby and that such connections are justified by public necessity and are
32	desirable, and will not adversely affect present and future necessities for sources of water supply,
33	including an adequate flow to the Pawtuxet River.
34	(3) The Providence water supply board shall release a minimum of nine million
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1	(9,000,000) gallons of water per day into the Pawtuxet River from the Scituate Reservoir, thereby
2	assisting the cities of Cranston and Warwick and the towns of Coventry and West Warwick to
3	achieve its wastewater treatment plan permit limits and enable the Pawtuxet River to meet EPA
4	Class C water quality standards.
5	(4) The water resources board shall give priority consideration to the application, when
6	and if filed by the Bristol County water authority pursuant to the provisions of § 46-15-7, but the
7	application need only address the plans and specifications for the connections and the means by
8	which the connections will be effected. There shall be no requirement that the Bristol County
9	water authority demonstrate public necessity, or whether the plans and specifications give
10	consideration to present and future necessities for the sources of water supply. The design
11	contained in the plans and specifications shall afford the Bristol County water authority a capacity
12	not to exceed 7.5 million (7,500,000) gallons per day maximum day demand. The provisions of §
13	46-15.3-7.6 or chapter 15.3 of this title shall not apply to any approval of the connection.
14	(b) The design, of both the new raw water transmission line and the additional
15	connections to the City of Providence water supply system including the emergency connection
16	to the City of East Providence water supply system shall be commenced simultaneously, and such
17	projects shall be simultaneously pursued to completion with all reasonable diligence.
18	SECTION 3. This article shall take effect upon passage.
19	ARTICLE 9
20	RELATING TO FICA ALTERNATE RETIREMENT PLAN
21	SECTION 1. Section 36-7-2 of the General Laws in Chapter 36-7 entitled "Federal Old-
22	Age and Survivors' Insurance" is hereby amended to read as follows:
23	36-7-2. Definitions. -- For the purposes of §§ 36-7-1 – 36-7-31, 36-7-33.1, and 36-7-35,
24	the following terms shall have the meanings indicated unless different meanings are clearly
25	expressed or required by the context:
26	(1) "Agency of the state" shall mean:
27	(i) All departments, divisions, agencies, and instrumentalities of the state which are not
28	juristic entities, legally separate and distinct from the state;
29	(ii) Civilian employees of the Rhode Island national guard; or
30	(iii) Any instrumentality of the state such as fire districts, water districts, water
31	authorities, sewer commissions and authorities, housing authorities, or other instrumentality of
32	the state which are a juristic entity and legally separate and distinct from the state and if the
33	employees of the instrumentality are not by virtue of their relation to juristic entity employees of
34	the state. Without limiting the generality of the foregoing, examples of those agencies would be
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1	the Kent County water authority, the Providence housing authority, the Blackstone Valley sewer
2	district commission, and other like instrumentalities of the state.
3	(2) "City or town" shall mean:
4	(i) Any city or town of the state of Rhode Island, inclusive of any department, division,
5	agency, board, commission, or bureau thereof;
6	(ii) Any instrumentality of a city or town which is a juristic entity and legally separate
7	and distinct from the city or town and if its employees are not by virtue of their relation to the
8	juristic entity employees of the city or town; or
9	(iii) Any instrumentality of two or more citizens and/or towns which is a juristic entity as
10	provided in subdivision (ii) hereof.
11	(3) "IRC" shall mean the Internal Revenue Code of 1986, as amended.
12	(4) "Coverage group" shall mean:
13	(i) All employees of the state other than those engaged in performing service in
14	connection with a proprietary function;
15	(ii) All employees of a city or town other than those engaged in performing service in
16	connection with a single proprietary function;
17	(iii) All employees of the state engaged in performing service in connection with a single
18	proprietary function;
19	(iv) All employees of an agency of the state;
20	(v) All employees of a city or town of the state engaged in performing service in
21	connection with a single proprietary function. If under the preceding sentence an employee would
22	be included in more than one coverage group by reason of the fact that he or she performs service
23	in connection with two (2) or more proprietary functions or in connection with both a proprietary
24	function and a nonproprietary function, he or she shall be included in only one coverage group.
25	The determination of the coverage group in which the employee shall be included shall be made
26	in such manner as may be specified in the agreement. Members of retirement systems shall
27	constitute separate coverage groups as provided in § 36-7-10.
28	(5) "Employee" shall mean any officer or employee of any city, town, or agency of the
29	state receiving salaries or wages for employment.
30	(6) "Employment" shall mean any service performed by an employee for wages as a
31	member of a coverage group as herein defined, including service of an emergency nature, service
32	in any class or classes of elective positions and service in part-time positions, but excluding the
33	following:
34	(i) Service in a position the compensation for which is on a fee basis;
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1	(ii) Service performed by election officials or election workers for calendar year 2003 in
2	which the remuneration paid for that service is less than one thousand two hundred fifty dollars
3	($1,250), and for each calendar year after 2003 in which the remuneration paid is less than the
4	adjusted amount in accordance with section 218(c)(8)(B) of the Social Security Act;
5	(iii) Service which under the federal Social Security Act may not be included in an
6	agreement between the state and the secretary entered into under this chapter;
7	(iv) Service which, in the absence of an agreement entered into under §§ 36-7-1 – 36-7-
8	31, would constitute "employment" as defined in the federal Social Security Act. Service which
9	under the federal Social Security Act may be included in an agreement only upon certification by
10	the governor in accordance with § 218(d)(3) of the federal Social Security Act, 42 U.S.C. §
11	418(d)(3), shall be included in the term "employment" if and when the governor issues, with
12	respect to that service, a certificate to the secretary, pursuant to § 36-7-19.
13	(B) Notwithstanding any of the foregoing, if pursuant to § 141 of P.L. 92-603, 42 U.S.C.
14	§ 418, the state agreement with the federal government referred to in § 36-7-3 is modified
15	appropriately at any time prior to January 1, 1974, the term "employment" with respect to any
16	coverage group specified in the modification shall, effective after the effective date specified in
17	the modification, include services in designated part-time positions but not services performed in
18	the employ of a school, college, or university by a student who is enrolled and regularly attending
19	classes at that school, college, or university.
20	(7) "FARP" shall mean the FICA Alternative Retirement Income Security Program as
21	described in § 36-7-33.1.
22	(8) "FARP-eligible employee" shall mean any part-time, seasonal, or temporary
23	employee of the state of Rhode Island who is ineligible for participation in the Employees'
24	Retirement System of Rhode Island.
25	(9) "FARP part-time employee" shall mean an employee of the state of Rhode Island who
26	works less than twenty (20) hours or less per week, in accordance with IRC standards.
27	(10) "Federal Insurance Contributions Act" or "FICA" shall mean subchapter A of
28	chapter 9 of the federal Internal Revenue Code of 1939, subchapters A and B of chapter 21 of the
29	federal Internal Revenue Code of 1954, and subchapters A and B of chapter 21 of the federal
30	Internal Revenue Code of 1986 as those codes have been and may from time to time be amended;
31	and the term "employee tax" shall mean the tax imposed by § 1400 of the code of 1939, § 3101 of
32	the code of 1954, and § 3101 of the code of 1986.
33	(11) "Federal Social Security Act", 42 U.S.C. § 301 et seq., shall mean the act of
34	congress approved August 14, 1935, officially cited as the "Social Security Act", including any
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1	amendments thereto, and any regulations, directives, or requirements interpretative or
2	implementive thereof.
3	(12) "Part-time employment" shall mean any employment by those who work on a
4	regularly scheduled basis regardless of hours.
5	(13) "Retirement board" shall mean the retirement board as provided in chapter 8 of this
6	title.
7	(14) "Secretary", except when used in the title "secretary of the treasury", shall mean the
8	secretary of health and human services and any individual to whom the secretary of health and
9	human services has delegated any of his or her functions under the federal Social Security Act, 42
10	U.S.C. § 301 et seq., with respect to coverage under that act of employees of states and their
11	political subdivisions.
12	(15) "Sick pay" shall mean the amount of any payment (including any amount paid by an
13	employer for insurance or annuities, or into a fund to provide for any sick pay) made to, or on
14	behalf of, an employee or any of his or her dependents under a plan or system established by an
15	employer which makes provision for his employees generally (or for his or her employees
16	generally and their dependents) or for a class or classes of his employees (or for a class or classes
17	of his employees and their dependents), on account of sickness or accident disability.
18	(16) "State" shall mean the state of Rhode Island.
19	(17) "Wages" or "salaries" shall mean all compensation received by an employee for
20	employment as defined herein, including the cash value of all remuneration received by an
21	employee in any medium other than cash, except that this term shall not include that part of the
22	remuneration which, even if it were for "employment" within the meaning of the Federal
23	Insurance Contributions Act, 26 U.S.C. § 3101 et seq., would not constitute "wages" within the
24	meaning of that act.
25	SECTION 2. This article shall take effect upon passage.
26	ARTICLE 10
27	RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2014
28	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
29	in this act, the following general revenue amounts are hereby appropriated out of any money in
30	the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
31	2014. The amounts identified for federal funds and restricted receipts shall be made available
32	pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the
33	purposes and functions hereinafter mentioned, the state controller is hereby authorized and
34	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
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1	portions thereof as may be required from time to time upon receipt by him or her of properly
2	authenticated vouchers.
3	FY 2014 FY 2014 FY 2014
4	Enacted Change Final
5	Administration
6	Central Management
7	General Revenues 2,111,597 339,878 2,451,475
8	Office of Digital Excellence 810,441 5,099 815,540
9	Federal Funds 194,591 (194,591) 0
10	Total - Central Management 3,116,629 150,386 3,267,015
11	Legal Services
12	General Revenues 1,948,683 364,033 2,312,716
13	Total – Legal Services 1,948,683 364,033 2,312,716
14	Accounts and Control
15	General Revenues 3,966,422 (93,883) 3,872,539
16	Total - Accounts and Control 3,966,422 (93,883) 3,872,539
17	Office of Management and Budget
18	General Revenues 4,049,888 (108,988) 3,940,900
19	Restricted Receipts 481,303 (215,364) 265,939
20	Total – Office of Management and Budget 4,531,191 (324,352) 4,206,839
21	Purchasing
22	General Revenues 2,689,542 143,779 2,833,321
23	Federal Funds 193,710 (115,403) 78,307
24	Other Funds 360,814 (45,523) 315,291
25	Total – Purchasing 3,244,066 (17,147) 3,226,919
26	Auditing
27	General Revenues 1,344,585 16,669 1,361,254
28	Other Funds 0 25,000 25,000
29	Total – Auditing 1,344,585 41,669 1,386,254
30	Human Resources
31	General Revenues 8,329,216 (67,831) 8,261,385
32	Federal Funds 808,123 (80,589) 727,534
33	Restricted Receipts 469,283 (36,684) 432,599
34	Other Funds 1,580,772 (49,414) 1,531,358
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1	Total - Human Resources 11,187,394 (234,518) 10,952,876
2	Personnel Appeal Board
3	General Revenues 75,036 0 75,036
4	Total – Personnel Appeal Board 75,036 0 75,036
5	Facilities Management
6	General Revenues 32,198,875 (1,774,970) 30,423,905
7	Federal Funds 925,630 206,048 1,131,678
8	Restricted Receipts 616,083 (163,194) 452,889
9	Other Funds 3,696,513 (441,380) 3,255,133
10	Total – Facilities Management 37,437,101 (2,173,496) 35,263,605
11	Capital Projects and Property Management
12	General Revenues 1,240,545 23,888 1,264,433
13	Total – Capital Projects and
14	Property Management 1,240,545 23,888 1,264,433
15	Information Technology
16	General Revenues 19,293,222 (214,943) 19,078,279
17	Federal Funds 7,135,490 (613,302) 6,522,188
18	Restricted Receipts 5,370,582 (234,387) 5,136,195
19	Other Funds 2,182,024 611,114 2,793,138
20	Total – Information Technology 33,981,318 (451,518) 33,529,800
21	Library and Information Services
22	General Revenues 1,007,465 (4,060) 1,003,405
23	Federal Funds 1,183,126 186,031 1,369,157
24	Restricted Receipts 1,694 (1,041) 653
25	Total - Library and Information Services 2,192,285 180,930 2,373,215
26	Planning
27	General Revenues 4,701,094 (17,377) 4,683,717
28	Federal Funds 10,935,098 4,094,745 15,029,843
29	Other Funds
30	Federal Highway – PL Systems Planning 5,039,312 (1,311,824) 3,727,488
31	Air Quality Modeling 0 22,875 22,875
32	Total - Planning 20,675,504 2,788,419 23,463,923
33	General
34	General Revenues
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1	Economic Development Corporation
2	Rhode Island Commerce Corporation 4,545,572 0 4,545,572
3	EDC RICC – Airport Corporation Impact Aid 1,025,000 0 1,025,000
4	Sixty percent (60%) of the first one million dollars ($1,000,000) appropriated for airport
5	impact aid shall be distributed to each airport serving more than one million (1,000,000)
6	passengers based upon its percentage of the total passengers served by all airports serving more
7	than 1,000,000 passengers. Forty percent (40%) of the first one million dollars ($1,000,000) shall
8	be distributed based on the share of landings during the calendar year 2013 at North Central
9	Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport, T.F. Green Airport
10	and Westerly Airport, respectively. The Economic Development Corporation Rhode Island
11	Commerce Corporation shall make an impact payment to the towns or cities in which the airport
12	is located based on this calculation. Each community upon which any parts of the above airports
13	are located shall receive at least twenty-five thousand dollars ($25,000).
14	EDC RICC – EPScore (Research Alliance) 1,150,000 0 1,150,000
15	Innovative Matching Grants 500,000 0 500,000
16	Miscellaneous Grants/Payments 146,049 0 146,049
17	Slater Centers of Excellence 1,000,000 0 1,000,000
18	Torts – Courts 400,000 0 400,000
19	Current Care/Health Information Exchange 450,000 0 450,000
20	I-195 Commission 501,000 674,679 1,175,679
21	RI Film and Television Office 310,747 (1,782) 308,965
22	State Employees/Teachers Retiree Health Subsidy 2,321,057 0 2,321,057
23	Resource Sharing and State Library Aid 8,773,398 0 8,773,398
24	Library Construction Aid 2,500,666 0 2,500,666
25	Federal Funds 4,345,555 0 4,345,555
26	Restricted Receipts 421,500 0 421,500
27	Rhode Island Capital Plan Funds
28	Statehouse Renovations 1,879,000 (454,000) 1,425,000
29	DoIT Enterprise Operations Center 250,000 106,350 356,350
30	Cranston Street Armory 1,650,000 (724,456) 925,544
31	Cannon Building 650,000 288,987 938,987
32	Zambarano Building Rehabilitation 1,530,000 63,080 1,593,080
33	Pastore Center Rehab DOA Portion 1,155,000 1,362,000 2,517,000
34	Old State House 500,000 32,000 532,000
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1	State Office Building 715,000 358,936 1,073,936
2	Old Colony House 175,000 187,605 362,605
3	William Powers Building 2,700,000 (200,000) 2,500,000
4	Fire Code Compliance State Buildings 500,000 (500,000) 0
5	Pastore Center Fire Code Compliance 1,691,596 (966,596) 725,000
6	Pastore Center Utility Systems Upgrade 2,745,789 (1,645,789) 1,100,000
7	Replacement of Fueling Tanks 300,000 350,000 650,000
8	Environmental Compliance 200,000 0 200,000
9	Big River Management Area 180,000 175,811 355,811
10	Pastore Center Building Demolition 2,400,000 (1,063,123) 1,336,877
11	Washington County Government Center 612,000 (152,000) 460,000
12	Veterans Memorial Auditorium 5,298,789 246,016 5,544,805
13	Chapin Health Laboratory 1,725,000 (1,425,000) 300,000
14	Pastore Center Parking 300,000 300,884 600,884
15	Pastore Center Water Tanks 300,000 0 300,000
16	Board of Elections New Location 1,250,000 (1,250,000) 0
17	Pastore Cottages Rehab 800,000 (177,672) 622,328
18	Ladd Center Building Demolition 1,500,000 228,208 1,728,208
19	I-195 Commission 250,000 30,789 280,789
20	RI Convention Center Authority 1,000,000 58,531 1,058,531
21	Dunkin Donuts Center 925,000 0 925,000
22	Mathias 1,600,000 (350,000) 1,250,000
23	Pastore Center Power Plant 1,600,000 0 1,600,000
24	Virks 1,000,000 (700,000) 300,000
25	Harrington Hall Renovations 1,000,000 180,000 1,180,000
26	Veterans Land Purchase 4,150,000 0 4,150,000
27	Health Laboratory Feasibility Study 0 111,892 111,892
28	Zambarano Wood Chip Boiler 0 32,838 32,838
29	Ladd Rubble Pile 0 45,000 45,000
30	Provided that the cost for the land purchase shall not exceed $70.00 per square foot.
31	Total – General 70,922,718 (4,776,812) 66,145,906
32	Debt Service Payments
33	General Revenues 157,387,801 (3,188,408) 154,199,393
34	Of the general revenue appropriation for debt service, two million five hundred thousand
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1	dollars ($2,500,000) is appropriated for transfer to the Capital Reserve Fund of the EDC RICC
2	Job Creation Guaranty program.
3	Federal Funds 2,759,328 (91,929) 2,667,399
4	Restricted Receipts 2,131,275 (46,026) 2,085,249
5	Other Funds
6	Transportation Debt Service 30,369,820 116,868 30,486,688
7	Investment Receipts – Bond Funds 100,000 0 100,000
8	COPS - DLT Building – TDI 278,848 (7,195) 271,653
9	Total - Debt Service Payments 193,027,072 (3,216,690) 189,810,382
10	Energy Resources
11	Federal Funds 590,080 (18,915) 571,165
12	Federal Funds – Stimulus 5,150,000 560,235 5,710,235
13	Restricted Receipts 5,459,477 183,062 5,642,539
14	Total – Energy Resources 11,199,557 724,382 11,923,939
15	Rhode Island Health Benefits Exchange
16	Federal Funds 28,348,926 24,079,750 52,428,676
17	Total - Rhode Island Health Benefits
18	Exchange 28,348,926 24,079,750 52,428,676
19	Construction Permitting, Approvals and Licensing
20	General Revenues 1,421,350 70,225 1,491,575
21	Restricted Receipts 1,408,159 (12,172) 1,395,987
22	Total – Construction Permitting, Approvals and
23	Licensing 2,829,509 58,053 2,887,562
24	Personnel Savings
25	General Revenues (1,398,040) 1,134,452 (263,588)
26	Federal Funds (379,988) 316,875 (63,113)
27	Restricted Receipts (446,548) 416,848 (29,700)
28	Other Funds (342,628) 331,490 (11,138)
29	Total – Personnel Savings (2,567,204) 2,199,665 (367,539)
30	Grand Total – Administration 428,701,337 19,322,759 448,024,096
31	Business Regulation
32	Central Management
33	General Revenues 1,197,671 23,727 1,221,398
34	Total – Central Management 1,197,671 23,727 1,221,398
	LC003615 - Page 73 of 245
1	Banking Division
2	General Revenues 1,715,225 (197,531) 1,517,694
3	Restricted Receipts 125,000 (75,000) 50,000
4	Total – Banking Division 1,840,225 (272,531) 1,567,694
5	Securities Regulation
6	General Revenues 980,090 (44,942) 935,148
7	Restricted Receipts 15,000 (11,500) 3,500
8	Total - Securities Regulation 995,090 (56,442) 938,648
9	Insurance Regulation
10	General Revenues 3,767,883 15,069 3,782,952
11	Restricted Receipts 1,345,584 (62,844) 1,282,740
12	Total - Insurance Regulation 5,113,467 (47,775) 5,065,692
13	Office of the Health Commissioner
14	General Revenues 542,180 (42,005) 500,175
15	Federal Funds 1,747,589 2,210,905 3,958,494
16	Restricted Receipts 10,500 0 10,500
17	Total – Office of the Health Commissioner 2,300,269 2,168,900 4,469,169
18	Board of Accountancy
19	General Revenues 81,034 (64,380) 16,654
20	Total – Board of Accountancy 81,034 (64,380) 16,654
21	Commercial Licensing, Racing & Athletics
22	General Revenues 707,941 (123,246) 584,695
23	Restricted Receipts 500,329 56,287 556,616
24	Total - Commercial Licensing, Racing &
25	Athletics 1,208,270 (66,959) 1,141,311
26	Board for Design Professionals
27	General Revenues 253,854 2,360 256,214
28	Total – Board for Design Professionals 253,854 2,360 256,214
29	Grand Total - Business Regulation 12,989,880 1,686,900 14,676,780
30	Labor and Training
31	Central Management
32	General Revenues 118,760 (27,682) 91,078
33	Restricted Receipts 342,730 244,280 587,010
34	Rhode Island Capital Plan Funds
	LC003615 - Page 74 of 245
1	Center General Building Roof 0 751,412 751,412
2	Center General Asset Protection 702,000 (86,931) 615,069
3	Total - Central Management 1,163,490 881,079 2,044,569
4	Workforce Development Services
5	General Funds 1,250,000 (825) 1,249,175
6	Federal Funds 22,942,484 6,974,518 29,917,002
7	Restricted Receipts 9,134,984 3,327,267 12,462,251
8	Other Funds 0 40,250 40,250
9	Total - Workforce Development Services 33,327,468 10,341,210 43,668,678
10	Workforce Regulation and Safety
11	General Revenues 3,002,408 2,325 3,004,733
12	Total – Workforce Regulation and Safety 3,002,408 2,325 3,004,733
13	Income Support
14	General Revenues 4,299,157 17,344 4,316,501
15	Federal Funds 17,957,752 11,059,374 29,017,126
16	Federal Funds – Stimulus – UI 54,810,000 (14,677,519) 40,132,481
17	Restricted Receipts 2,008,358 138,480 2,146,838
18	Job Development Fund 22,500,000 8,605,360 31,105,360
19	Other Funds
20	Temporary Disability Insurance Fund 172,549,295 8,513,122 181,062,417
21	Employment Security Fund 271,329,801 (29,212,784) 242,117,017
22	Total - Income Support 545,454,363 (15,556,623) 529,897,740
23	Injured Workers Services
24	Restricted Receipts 9,139,647 (198,616) 8,941,031
25	Total – Injured Workers Services 9,139,647 (198,616) 8,941,031
26	Labor Relations Board
27	General Revenues 393,736 (7,204) 386,532
28	Total - Labor Relations Board 393,736 (7,204) 386,532
29	Grand Total - Labor and Training 592,481,112 (4,537,829) 587,943,283
30	Department of Revenue
31	Director of Revenue
32	General Revenues 1,222,847 (111,184) 1,111,663
33	Total – Director of Revenue 1.222,847 (111,184) 1,111,663
34	Office of Revenue Analysis
	LC003615 - Page 75 of 245
1	General Revenues 528,721 (8,284) 520,437
2	Total – Office of Revenue Analysis 528,721 (8,284) 520,437
3	Lottery Division
4	Lottery Funds 245,451,858 89,310,926 334,762,784
5	Rhode Island Capital Plan Funds
6	Lottery Building Renovations 0 306,750 306,750
7	Total – Lottery Division 245,451,858 89,617,676 335,069,534
8	Municipal Finance
9	General Revenues 2,351,173 (326,580) 2,024,593
10	Total – Municipal Finance 2,351,173 (326,580) 2,024,593
11	Taxation
12	General Revenues 18,027,851 (442,343) 17,585,508
13	Federal Funds 1,261,962 23,582 1,285,544
14	Restricted Receipts 849,626 22,433 872,059
15	Other Funds
16	Motor Fuel Tax Evasion 43,232 0 43,232
17	Temporary Disability Insurance 916,617 29,364 945,981
18	Total – Taxation 21,099,288 (366,964) 20,732,324
19	Registry of Motor Vehicles
20	General Revenues 18,895,421 89,185 18,984,606
21	Federal Funds 1,786,689 938,517 2,725,206
22	Restricted Receipts 14,763 2,185,833 2,200,596
23	Rhode Island Capital Plan Funds
24	Safety & Emissions Lift Replacement 150,000 150,000 300,000
25	Total – Registry of Motor Vehicles 20,846,873 3,363,535 24,210,408
26	State Aid
27	General Revenue
28	Distressed Communities Relief Fund 10,384,458 0 10,384,458
29	Payment in Lieu of Tax Exempt Properties 35,080,409 0 35,080,409
30	Motor Vehicle Excise Tax Payments 10,000,000 0 10,000,000
31	Property Revaluation Program 516,615 (55,999) 460,616
32	Municipal Aid 5,000,000 0 5,000,000
33	Restricted Receipts 957,497 (48,514) 908,983
34	Total – State Aid 61,938,979 (104,513) 61,834,466
	LC003615 - Page 76 of 245
1	Grand Total – Revenue 353,439,739 92,063,686 445,503,425
2	Legislature
3	General Revenues 36,186,933 2,467,284 38,654,217
4	Restricted Receipts 1,604,615 (36,615) 1,568,000
5	Grand Total – Legislature 37,791,548 2,430,669 40,222,217
6	Lieutenant Governor
7	General Revenues 986,890 (40,389) 946,501
8	Federal Funds 1,108,488 485,836 1,594,324
9	Restricted Receipts 0 135,000 135,000
10	Grand Total - Lieutenant Governor 2,095,378 580,447 2,675,825
11	Secretary of State
12	Administration
13	General Revenues 2,078,542 130,070 2,208,612
14	Total – Administration 2,078,542 130,070 2,208,612
15	Corporations
16	General Revenues 2,152,424 134,404 2,286,828
17	Total – Corporations 2,152,424 134,404 2,286,828
18	State Archives
19	General Revenues 131,705 (60,564) 71,141
20	Restricted Receipts 449,931 56,482 506,413
21	Total - State Archives 581,636 (4,082) 577,554
22	Elections & Civics
23	General Revenues 1,162,821 (264,015) 898,806
24	Federal Funds 0 50,163 50,163
25	Total – Elections & Civics 1,162,821 (213,852) 948,969
26	State Library
27	General Revenues 611,318 (93,230) 518,088
28	Total – State Library 611,318 (93,230) 518,088
29	Office of Public Information
30	General Revenues 361,023 133,071 494,094
31	Restricted Receipts 5,000 8,431 13,431
32	Total – Office of Public Information 366,023 141,502 507,525
33	Grand Total – Secretary of State 6,952,764 94,812 7,047,576
34	General Treasurer
	LC003615 - Page 77 of 245
1	Treasury
2	General Revenues 2,471,194 (52,024) 2,419,170
3	Federal Funds 293,099 (21,821) 271,278
4	Restricted Receipts 40,000 246 40,246
5	Other Funds
6	Temporary Disability Insurance Fund 228,923 (18,646) 210,277
7	Total – Treasury 3,033,216 (92,245) 2,940,971
8	State Retirement System
9	Restricted Receipts
10	Admin Expenses - State Retirement System 10,256,532 (421,569) 9,834,963
11	Retirement - Treasury Investment Operations 1,162,562 (112,654) 1,049,908
12	Defined Contribution – Administration 246,971 8,918 255,889
13	Total - State Retirement System 11,666,065 (525,305) 11,140,760
14	Unclaimed Property
15	Restricted Receipts 18,559,092 4,688,073 23,247,165
16	Total – Unclaimed Property 18,559,092 4,688,073 23,247,165
17	Crime Victim Compensation Program
18	General Revenues 183,498 14,649 198,147
19	Federal Funds 837,323 (257,572) 579,751
20	Restricted Receipts 1,128,267 25,045 1,153,312
21	Total - Crime Victim Compensation Program 2,149,088 (217,878) 1,931,210
22	Grand Total – General Treasurer 35,407,461 3,852,645 39,260,106
23	Board of Elections
24	General Revenues 1,589,361 21,044 1,610,405
25	Public Financing of General Elections 150,000 0 150,000
26	Grand Total - Board of Elections 1,739,361 21,044 1,760,405
27	Rhode Island Ethics Commission
28	General Revenues 1,577,204 (1,264) 1,575,940
29	Grand Total - Rhode Island Ethics Commission 1,577,204 (1,264) 1,575,940
30	Office of Governor
31	General Revenues 4,193,513 (25,867) 4,167,646
32	Contingency Fund 250,000 196,428 446,428
33	Grand Total – Office of Governor 4,443,513 170,561 4,614,074
34	Commission for Human Rights
	LC003615 - Page 78 of 245
1	General Revenues 1,150,785 (4,719) 1,146,066
2	Federal Funds 308,638 8,729 317,367
3	Grand Total - Commission for Human Rights 1,459,423 4,010 1,463,433
4	Public Utilities Commission
5	Federal Funds 90,574 0 90,574
6	Federal Funds – Stimulus 76,244 38,238 114,482
7	Restricted Receipts 8,253,475 60,396 8,313,871
8	Grand Total - Public Utilities Commission 8,420,293 98,634 8,518,927
9	Office of Health and Human Services
10	Central Management
11	General Revenues 27,699,190 11,206 27,710,396
12	Federal Funds 88,057,656 9,876,555 97,934,211
13	Federal Funds – Stimulus 537,780 0 537,780
14	Restricted Receipts 982,284 (15,215) 967,069
15	Total – Central Management 117,276,910 9,872,546 127,149,456
16	Medical Assistance
17	General Revenues
18	Managed Care 281,682,858 (2,118,545) 279,564,313
19	Hospitals 107,499,737 (9,822,158) 97,677,579
20	Of this amount, $5,482,009 is for the outpatient upper payment limit reimbursement.
21	Nursing Facilities 179,263,818 (37,507,018) 141,756,800
22	Home and Community Based Services 48,645,073 (9,857,873) 38,787,200
23	Other Services 44,013,672 (74,751) 43,938,921
24	Pharmacy 51,721,344 7,759 51,729,103
25	Rhody Health 100,701,958 59,177,987 159,879,945
26	Affordable Care Act Transition Program 2,000,000 (1,000,000) 1,000,000
27	Federal Funds
28	Managed Care 311,563,733 (128,046) 311,435,687
29	Hospitals 111,449,104 (9,980,627) 101,468,477
30	Of this amount, $5,570,428 is for the outpatient upper payment limit reimbursement.
31	Nursing Facilities 182,155,169 (38,111,969) 144,043,200
32	Home and Community Based Services 49,429,970 (10,017,170) 39,412,800
33	Other Services 150,655,199 (6,310,320) 144,344,879
34	Pharmacy 243,742 (464,485) (220,743)
	LC003615 - Page 79 of 245
1	Rhody Health 101,617,845 62,802,210 164,420,055
2	Special Education 19,000,000 0 19,000,000
3	Restricted Receipts 9,015,000 0 9,015,000
4	Total - Medical Assistance 1,750,658,222 (3,405,006) 1,747,253,216
5	Grand Total – Office of Health and
6	Human Services 1,867,935,132 6,467,540 1,874,402,672
7	Children, Youth, and Families
8	Central Management
9	General Revenues 4,911,020 (297,451) 4,613,569
10	Federal Funds 2,155,735 107,297 2,263,032
11	Restricted Receipts 34,991 (34,991) 0
12	Total - Central Management 7,101,746 (225,145) 6,876,601
13	Children's Behavioral Health Services
14	General Revenues 4,491,441 2,073,802 6,565,243
15	Federal Funds 5,572,682 1,415,666 6,988,348
16	Rhode Island Capital Plan Funds
17	NAFI Center 280,000 114,806 394,806
18	Mt. Hope Building Facade 275,000 (275,000) 0
19	Fire Towers 0 137,500 137,500
20	Various Repairs and Improvements to YDC 0 355,000 355,000
21	Total - Children's Behavioral Health
22	Services 10,619,123 3,821,774 14,440,897
23	Juvenile Correctional Services
24	General Revenues 26,877,697 (2,372,381) 24,505,316
25	Federal Funds 330,645 (30,031) 300,614
26	Federal Funds – Stimulus 4,270 22,109 26,379
27	Rhode Island Capital Plan Funds
28	Thomas C. Slater Training School
29	Maintenance Building 535,000 (200,000) 335,000
30	Vocational Building – RITS 0 265,770 265,770
31	Generators – Rhode Island Training School 0 213,837 213,837
32	Total - Juvenile Correctional Services 27,747,612 (2,100,696) 25,646,916
33	Child Welfare
34	General Revenues 105,380,058 255,950 105,636,008
	LC003615 - Page 80 of 245
1	18 to 21 Year Olds 11,116,775 (296,585) 10,820,190
2	Federal Funds 46,003,996 1,571,835 47,575,831
3	18 to 21 Year Olds 2,239,970 (493,973) 1,745,997
4	Federal Funds – Stimulus 385,107 61,233 446,340
5	Restricted Receipts 2,579,179 (130,429) 2,448,750
6	Rhode Island Capital Plan Funds
7	Fire Code Upgrades 500,000 (225,000) 275,000
8	Total - Child Welfare 168,205,085 743,031 168,948,116
9	Higher Education Incentive Grants
10	General Revenues 200,000 0 200,000
11	Total – Higher Education Incentive Grants 200,000 0 200,000
12	Grand Total - Children, Youth, and Families 213,873,566 2,238,964 216,112,530
13	Health
14	Central Management
15	General Revenues 544,959 (4,534) 540,425
16	Federal Funds 8,645,598 (877,478) 7,768,120
17	Restricted Receipts 4,239,580 (496,226) 3,743,354
18	Total - Central Management 13,430,137 (1,378,238) 12,051,899
19	State Medical Examiner
20	General Revenues 2,365,037 (10,236) 2,354,801
21	Federal Funds 163,940 (22,604) 141,336
22	Total - State Medical Examiner 2,528,977 (32,840) 2,496,137
23	Environmental and Health Services Regulation
24	General Revenues 9,491,266 (149,084) 9,342,182
25	Federal Funds 5,856,356 539,335 6,395,691
26	Restricted Receipts 4,199,254 (610,785) 3,588,469
27	Total - Environmental and Health Services
28	Regulation 19,546,876 (220,534) 19,326,342
29	Health Laboratories
30	General Revenues 6,199,240 (132,018) 6,067,222
31	Federal Funds 1,492,480 706,450 2,198,930
32	Federal Funds – Stimulus 0 6,500 6,500
33	Total - Health Laboratories 7,691,720 580,932 8,272,652
34	Public Health Information
	LC003615 - Page 81 of 245
1	General Revenues 1,524,091 13,552 1,537,643
2	Federal Funds 847,574 1,857,068 2,704,642
3	Federal Funds – Stimulus 97,959 76,067 174,026
4	Total – Public Health Information 2,469,624 1,946,687 4,416,311
5	Community and Family Health and Equity
6	General Revenues 2,448,286 82,911 2,531,197
7	Federal Funds 41,420,480 (4,171,236) 37,249,244
8	Federal Funds - Stimulus 382,645 (16,418) 366,227
9	Restricted Receipts 26,194,072 (1,020,877) 25,173,195
10	Other Funds
11	Safe and Active Commuting 35,310 93,752 129,062
12	Total – Community and Family Health
13	and Equity 70,480,793 (5,031,868) 65,448,925
14	Infectious Disease and Epidemiology
15	General Revenues 1,735,122 (113,977) 1,621,145
16	Federal Funds 3,097,510 1,293,208 4,390,718
17	Restricted Receipts 0 5,995 5,995
18	Total – Infectious Disease and Epidemiology 4,832,632 1,185,226 6,017,858
19	Grand Total – Health 120,980,759 (2,950,635) 118,030,124
20	Human Services
21	Central Management
22	General Revenues 5,543,121 (54,037) 5,489,084
23	Federal Funds 5,244,172 (960,068) 4,284,104
24	Restricted Receipts 414,962 107,580 522,542
25	Total - Central Management 11,202,255 (906,525) 10,295,730
26	Child Support Enforcement
27	General Revenues 2,370,212 (6,365) 2,363,847
28	Federal Funds 6,095,358 (153,076) 5,942,282
29	Total – Child Support Enforcement 8,465,570 (159,441) 8,306,129
30	Individual and Family Support
31	General Revenues 20,922,405 3,723,397 24,645,802
32	Federal Funds 133,591,509 (3,691,527) 129,899,982
33	Federal Funds – Stimulus 0 11,748,163 11,748,163
34	Restricted Receipts 7,352,671 (2,624,675) 4,727,996
	LC003615 - Page 82 of 245
1	Rhode Island Capital Plan Fund
2	Blind Vending Facilities 165,000 18,083 183,083
3	Intermodal Surface Transportation Fund 4,165,364 567,561 4,732,925
4	Food Stamp Bonus Funding 150,000 110,000 260,000
5	Total - Individual and Family Support 166,346,949 9,851,002 176,197,951
6	Veterans' Affairs
7	General Revenues 20,993,993 (1,155,505) 19,838,488
8	Federal Funds 7,678,815 1,405,161 9,083,976
9	Restricted Receipts 1,467,376 266,764 1,734,140
10	Total - Veterans' Affairs 30,140,184 516,420 30,656,604
11	Health Care Eligibility
12	General Revenues 8,141,377 (75,646) 8,065,731
13	Federal Funds 11,060,155 (574,912) 10,485,243
14	Total - Health Care Eligibility 19,201,532 (650,558) 18,550,974
15	Supplemental Security Income Program
16	General Revenues 18,234,514 206,996 18,441,510
17	Total - Supplemental Security Income
18	Program 18,234,514 206,996 18,441,510
19	Rhode Island Works
20	General Revenues - Child Care 9,668,635 0 9,668,635
21	Federal Funds 80,298,745 (2,087,360) 78,211,385
22	Total – Rhode Island Works 89,967,380 (2,087,360) 87,880,020
23	State Funded Programs
24	General Revenues
25	General Public Assistance 1,906,800 108,800 2,015,600
26	Of this appropriation, $210,000 shall be used for hardship contingency payments.
27	Federal Funds 298,637,602 2,450,176 301,087,778
28	Total - State Funded Programs 300,544,402 2,558,976 303,103,378
29	Elderly Affairs
30	General Revenues 5,522,367 383,690 5,906,057
31	RIPAE 174,484 0 174,484
32	Care and Safety of the Elderly 1,287 (329) 958
33	Federal Funds 11,761,746 243,182 12,004,928
34	Restricted Receipts 527,491 (378,323) 149,168
	LC003615 - Page 83 of 245
1	Total – Elderly Affairs 17,987,375 248,220 18,235,595
2	Grand Total - Human Services 662,090,161 9,577,730 671,667,891
3	Behavioral Health, Developmental Disabilities, and Hospitals
4	Central Management
5	General Revenues 816,045 159,398 975,443
6	Federal Funds 429,446 119,963 549,409
7	Total - Central Management 1,245,491 279,361 1,524,852
8	Hospital and Community System Support
9	General Revenues 1,592,216 (12,399) 1,579,817
10	Restricted Receipts 734,152 182,570 916,722
11	Rhode Island Capital Plan Funds
12	Medical Center Rehabilitation 925,000 (75,000) 850,000
13	Community Facilities Fire Code 325,000 75,000 400,000
14	Total - Hospital and Community System
15	Support 3,576,368 170,171 3,746,539
16	Services for the Developmentally Disabled
17	General Revenues 109,467,984 519,665 109,987,649
18	Federal Funds 112,094,959 815,775 112,910,734
19	Restricted Receipts 1,652,750 306,700 1,959,450
20	Rhode Island Capital Plan Funds
21	DD Private Waiver 225,431 (40,866) 184,565
22	Regional Center Repair/Rehabilitation 400,000 (50,000) 350,000
23	MR Community Facilities/Access to Independence 500,000 118,863 618,863
24	Total - Services for the Developmentally
25	Disabled 224,341,124 1,670,137 226,011,261
26	Behavioral Healthcare Services
27	General Revenues 39,670,207 (294,255) 39,375,952
28	Federal Funds 53,105,582 4,107,101 57,212,683
29	Federal Funds – Stimulus 232,500 (232,500) 0
30	Restricted Receipts 125,000 0 125,000
31	Rhode Island Capital Plan Funds
32	MH Community Facilities Repair 225,000 95,000 320,000
33	MH Housing Development-Thresholds 800,000 0 800,000
34	Substance Abuse Asset Production 125,000 (25,000) 100,000
	LC003615 - Page 84 of 245
1	Total – Behavioral Healthcare Services 94,283,289 3,650,346 97,933,635
2	Hospital and Community Rehabilitative Services
3	General Revenues 50,544,930 (1,528,714) 49,016,216
4	Federal Funds 51,897,236 (2,687,441) 49,209,795
5	Restricted Receipts 4,884,970 1,665,298 6,550,268
6	Rhode Island Capital Plan Funds
7	Zambarano Buildings and Utilities 150,000 0 150,000
8	Hospital Consolidation 3,000,000 (1,400,000) 1,600,000
9	BHDDH Administrative Buildings 3,000,000 140,000 3,140,000
10	MR Community Facilities 925,000 89,831 1,014,831
11	Total - Hospital and Community
12	Rehabilitative Services 114,402,136 (3,721,026) 110,681,110
13	Grand Total – Behavioral Healthcare,
14	Developmental Disabilities, and Hospitals 437,848,408 2,048,989 439,897,397
15	Office of the Child Advocate
16	General Revenues 608,651 (33,174) 575,477
17	Federal Funds 39,997 10,003 50,000
18	Grand Total – Office of the Child Advocate 648,648 (23,171) 625,477
19	Commission on the Deaf and Hard of Hearing
20	General Revenues 391,609 (2,342) 389,267
21	Restricted Receipts 80,000 0 80,000
22	Grand Total – Com. on Deaf and Hard of
23	Hearing 471,609 (2,342) 469,267
24	Governor's Commission on Disabilities
25	General Revenues 357,711 (1,359) 356,352
26	Federal Funds 129,989 26,341 156,330
27	Restricted Receipts 10,365 5,565 15,930
28	Rhode Island Capital Plan Funds
29	Accessibility to Disability Service Provider 247,938 (247,938) 0
30	Accessibility Fire Safety Renovations 115,833 (115,833) 0
31	Accessibility to Higher Education 593,500 (593,500) 0
32	Handicapped Accessibility 0 957,000 957,000
33	Grand Total - Governor's Commission on
34	Disabilities 1,455,336 30,276 1,485,612
	LC003615 - Page 85 of 245
1	Office of the Mental Health Advocate
2	General Revenues 486,144 (2,428) 483,716
3	Grand Total - Office of the Mental
4	Health Advocate 486,144 (2,428) 483,716
5	Elementary and Secondary Education
6	Administration of the Comprehensive Education Strategy
7	General Revenues 19,826,703 (237,487) 19,589,216
8	Federal Funds 192,856,736 5,787,982 198,644,718
9	Federal Funds – Stimulus 19,956,823 (3,015,906) 16,940,917
10	RTTT LEA Share 11,022,400 210,345 11,232,745
11	Restricted Receipts 1,400,286 (216,874) 1,183,412
12	HRIC Adult Education Grants 3,800,000 0 3,800,000
13	Rhode Island Capital Plan Funds
14	State-Owned Cranston 872,583 0 872,583
15	State-Owned East Providence 175,000 0 175,000
16	State-Owned Warwick 500,000 35,040 535,040
17	State-Owned Woonsocket 1,575,000 (1,375,000) 200,000
18	Total – Administration of the Comprehensive
19	Education Strategy 251,985,531 1,188,100 253,173,631
20	Davies Career and Technical School
21	General Revenues 12,792,048 0 12,792,048
22	Federal Funds 1,384,139 (16,880) 1,367,259
23	Federal Funds – Stimulus 123,877 42,137 166,014
24	Restricted Receipts 2,564,848 353,003 2,917,851
25	Rhode Island Capital Plan Funds
26	Davies HVAC 830,271 192,265 1,022,536
27	Davies Asset Protection 95,000 1,131,038 1,226,038
28	Davies School Roof Repairs 0 330,000 330,000
29	Total - Davies Career and Technical School 17,790,183 2,031,563 19,821,746
30	RI School for the Deaf
31	General Revenues 6,070,194 (165,622) 5,904,572
32	Federal Funds 281,867 24,488 306,355
33	Federal Funds – Stimulus 120,812 45,732 166,544
34	Restricted Receipts 300,000 233,629 533,629
	LC003615 - Page 86 of 245
1	Other Funds 0 59,000 59,000
2	Total - RI School for the Deaf 6,772,873 197,227 6,970,100
3	Metropolitan Career and Technical School
4	General Revenues 11,085,049 0 11,085,049
5	Rhode Island Capital Plan Funds
6	MET School East Bay 2,580,000 2,902,642 5,482,642
7	MET Asset Protection 100,000 0 100,000
8	MET School HVAC 833,333 506,010 1,339,343
9	Total – Metropolitan Career and Technical
10	School 14,598,382 3,408,652 18,007,034
11	Education Aid
12	General Revenues 724,892,567 (90,130) 724,802,437
13	Restricted Receipts 19,593,382 (2,034,382) 17,559,000
14	Permanent School Fund – Education Aid 300,000 (59,000) 241,000
15	Total – Education Aid 744,785,949 (2,183,512) 742,602,437
16	Central Falls School District
17	General Revenues 38,399,591 0 38,399,591
18	Total – Central Falls School District 38,399,591 0 38,399,591
19	Housing Aid
20	General Revenues 69,949,504 (2,286,468) 67,663,036
21	Total – Housing Aid 69,949,504 (2,286,468) 67,663,036
22	Teachers' Retirement
23	General Revenues 81,691,253 (799,316) 80,891,937
24	Total – Teachers’ Retirement 81,691,253 (799,316) 80,891,937
25	Grand Total - Elementary and Secondary
26	Education 1,225,973,266 1,556,246 1,227,529,512
27	Public Higher Education
28	Board of Governors/Office of Higher Education
29	Office of Postsecondary Commissioner
30	General Revenues 4,994,523 (3,951) 4,990,572
31	Federal Funds 6,190,306 (1,158,112) 5,032,194
32	Total - Board of Governors/Office of
33	Higher Education Office of
34	Postsecondary Commissioner 11,184,829 (1,162,063) 10,022,766
	LC003615 - Page 87 of 245
1	University of Rhode Island
2	General Revenues
3	General Revenues 64,086,076 (122,375) 63,963,701
4	The University of Rhode Island shall maintain tuition charges in the 2013 – 2014 academic
5	year at the same level as the 2012 – 2013 academic year. The University shall not decrease
6	internal student financial aid in the 2013 – 2014 academic year below the level of the 2012 –
7	2013 academic year. The President of the institution shall report, prior to the commencement of
8	the 2013 – 2014 academic year, to the chair of the Rhode Island Board of Education that such
9	tuition charges and student aid levels have been achieved at the start of FY 2014 as prescribed
10	above.
11	Debt Service 20,585,263 (233,333) 20,351,930
12	State Crime Lab 1,027,327 (3,781) 1,023,546
13	University and College Funds
14	University and College Funds 600,530,024 5,674,407 606,204,431
15	Debt – Dining Services 1,160,911 (45,246) 1,115,665
16	Debt – Education and General 3,304,053 (122,041) 3,182,012
17	Debt – Health Services 152,595 (16,413) 136,182
18	Debt – Housing Loan Funds 11,049,281 (362,824) 10,686,457
19	Debt – Memorial Union 301,628 3,980 305,608
20	Debt – Ryan Center 2,798,704 5,367 2,804,071
21	Debt – Alton Jones Services 115,305 157 115,462
22	Debt - Parking Authority 1,040,836 (95,810) 945,026
23	Debt – Sponsored Research (Ind. Cost) 100,238 (16,201) 84,037
24	Debt – Energy Conservation 2,905,496 (501,296) 2,404,200
25	Rhode Island Capital Plan Funds
26	Asset Protection 7,357,500 0 7,357,500
27	Fire and Safety Protection 10,100,000 0 10,100,000
28	Nursing Education Center 2,500,000 (700,000) 1,800,000
29	New Chemistry Building 0 682,510 682,510
30	Fire Arts Center Advanced Planning 0 55,231 55,231
31	Total – University of Rhode Island 729,115,237 4,202,332 733,317,569
32	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
33	unencumbered balances as of June 30, 2014 relating to the University of Rhode Island are hereby
34	reappropriated to fiscal year 2015.
	LC003615 - Page 88 of 245
1	Rhode Island College
2	General Revenues
3	General Revenues 39,004,298 (114,389) 38,889,909
4	Rhode Island College shall maintain tuition charges in the 2013 – 2014 academic year at the
5	same level as the 2012 – 2013 academic year. The College shall not decrease internal student
6	financial aid in the 2013 – 2014 academic year below the level of the 2012 – 2013 academic year.
7	The President of the institution shall report, prior to the commencement of the 2013 – 2014
8	academic year, to the chair of the Rhode Island Board of Education that such tuition charges and
9	student aid levels have been achieved at the start of FY 2014 as prescribed above.
10	Debt Service 3,887,576 (245,333) 3,642,243
11	University and College Funds
12	University and College Funds 110,482,163 (279,282) 110,202,881
13	Debt – Education and General 886,640 0 886,640
14	Debt – Housing 2,050,004 0 2,050,004
15	Debt – Student Center and Dining 172,078 0 172,078
16	Debt – Student Union 234,113 0 234,113
17	Debt – G.O. Debt Service 1,638,017 0 1,638,017
18	Rhode Island Capital Plan Funds
19	Asset Protection 2,843,250 407,491 3,250,741
20	Infrastructure Modernization 5,000,000 871,317 5,871,317
21	New Art Center Advance Planning 0 103,162 103,162
22	Total – Rhode Island College 166,198,139 742,966 166,941,105
23	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
24	unencumbered balances as of June 30, 2014 relating to Rhode Island College are hereby
25	reappropriated to fiscal year 2015.
26	Community College of Rhode Island
27	General Revenues
28	General Revenues 44,589,076 (155,790) 44,433,286
29	The Community College of Rhode Island College shall maintain tuition charges in the 2013
30	– 2014 academic year at the same level as the 2012 – 2013 academic year. The Community
31	College shall not decrease internal student financial aid in the 2013 – 2014 academic year below
32	the level of the 2012 – 2013 academic year. The President of the institution shall report, prior to
33	the commencement of the 2013 – 2014 academic year, to the chair of the Rhode Island Board of
34	Education that such tuition charges and student aid levels have been achieved at the start of FY
	LC003615 - Page 89 of 245
1	2014 as prescribed above.
2	Debt Service 1,839,656 0 1,839,656
3	Restricted Receipts 702,583 0 702,583
4	University and College Funds
5	University and College Funds 100,333,007 2,102,805 102,435,812
6	Debt – Bookstore 28,443 0 28,443
7	CCRI Debt Service – Energy Conservation 1,289,480 (483,555) 805,925
8	Rhode Island Capital Plan Funds
9	Asset Protection 2,093,500 0 2,093,500
10	Knight Campus Renewal 125,000 0 125,000
11	Total – Community College of RI 151,000,745 1,463,460 152,464,205
12	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
13	unencumbered balances as of June 30, 2014 relating to the Community College of Rhode Island
14	are hereby reappropriated to fiscal year 2015.
15	Grand Total – Public Higher Education 1,057,498,950 5,246,695 1,062,745,645
16	RI State Council on the Arts
17	General Revenues
18	Operating Support 423,973 (18,039) 405,934
19	Grants 911,657 0 911,657
20	Federal Funds 797,329 (649) 796,680
21	Other Funds
22	Arts for Public Facilities 632,536 0 632,536
23	Grand Total - RI State Council on the Arts 2,765,495 (18,688) 2,746,807
24	RI Atomic Energy Commission
25	General Revenues 861,710 (4,940) 856,770
26	Federal Funds 267,044 (206,320) 60,724
27	Other Funds
28	URI Sponsored Research 257,977 0 257,977
29	Rhode Island Capital Plan Funds
30	RINSC Asset Protection 50,000 0 50,000
31	Grand Total - RI Atomic Energy Commission 1,436,731 (211,260) 1,225,471
32	RI Higher Education Assistance Authority
33	General Revenues
34	Needs Based Grants and Work Opportunities 4,134,726 51,597 4,186,323
	LC003615 - Page 90 of 245
1	Authority Operations and Other Grants 147,000 0 147,000
2	Federal Funds 13,274,020 (957,506) 12,316,514
3	Other Funds
4	Tuition Savings Program – Needs Based Grants &
5	Work Opportunities 8,800,000 (800,000) 8,000,000
6	Tuition Savings Program – Administration 407,989 (77,907) 330,082
7	Grand Total – RI Higher Education
8	Assistance Authority 26,763,735 (1,783,816) 24,979,919
9	RI Historical Preservation and Heritage Commission
10	General Revenues 1,357,510 (16,714) 1,340,796
11	Federal Funds 609,949 1,565,473 2,175,422
12	Restricted Receipts 454,491 (34,171) 420,320
13	Other Funds
14	RIDOT – Project Review 84,999 (16,310) 68,689
15	Rhode Island Capital Plan Funds
16	Eisenhower House Asset Protection 1,000,000 (500,000) 500,000
17	Grand Total – RI Historical Preservation
18	and Heritage Commission 3,506,949 998,278 4,505,227
19	Attorney General
20	Criminal
21	General Revenues 14,446,868 (140,216) 14,306,652
22	Federal Funds 1,619,532 1,202,380 2,821,912
23	Restricted Receipts 4,440,620 10,880,185 15,320,805
24	Total – Criminal 20,507,020 11,942,349 32,449,369
25	Civil
26	General Revenues 4,985,425 466,534 5,451,959
27	Restricted Receipts 632,970 2,900 635,870
28	Total – Civil 5,618,395 469,434 6,087,829
29	Bureau of Criminal Identification
30	General Revenues 1,503,119 21,106 1,524,225
31	Federal Funds 0 7,178 7,178
32	Total – Bureau of Criminal Identification 1,503,119 28,284 1,531,403
33	General
34	General Revenues 2,721,567 9,391 2,730,958
	LC003615 - Page 91 of 245
1	Rhode Island Capital Plan Funds
2	Building Renovations and Repairs 50,000 191,805 241,805
3	Total – General 2,771,567 201,196 2,972,763
4	Grand Total - Attorney General 30,400,101 12,641,263 43,041,364
5	Corrections
6	Central Management
7	General Revenues 9,077,039 (877,921) 8,199,118
8	Federal Funds 45,094 566,605 611,699
9	Federal Funds – Stimulus 10,770 (10,770) 0
10	Total – Central Management 9,132,903 (322,086) 8,810,817
11	Parole Board
12	General Revenues 1,354,433 (76,812) 1,277,621
13	Federal Funds 38,000 0 38,000
14	Total – Parole Board 1,392,433 (76,812) 1,315,621
15	Custody and Security
16	General Revenues 115,418,407 1,561,770 116,980,177
17	Federal Funds 761,526 210,013 971,539
18	Total – Custody and Security 116,179,933 1,771,783 117,951,716
19	Institutional Support
20	General Revenues 15,728,306 198,384 15,926,690
21	Rhode Island Capital Plan Funds
22	Asset Protection 3,000,000 4,042,068 7,042,068
23	Maximum – General Renovations 1,100,000 178,624 1,278,624
24	General Renovations – Women’s 1,000,000 196,857 1,196,857
25	Bernadette Guay Roof 1,165,000 (568,444) 596,556
26	ISC Exterior Envelope and HVAC 4,000,000 (1,643,673) 2,356,327
27	Minimum Security Kitchen Expansion 2,485,392 (1,985,400) 499,992
28	Medium Infrastructure 4,719,359 (3,457,938) 1,261,421
29	Women’s Bath Renovations 0 364,673 364,673
30	D-Building State Match – Reintegration C 0 220,022 220,022
31	Total - Institutional Support 33,198,057 (2,454,827) 30,743,230
32	Institutional Based Rehab./Population Management
33	General Revenues 9,129,775 75,133 9,204,908
34	Federal Funds 794,918 (12,853) 782,065
	LC003615 - Page 92 of 245
1	Federal Funds – Stimulus 64,394 (64,311) 83
2	Restricted Receipts 29,758 (894) 28,864
3	Total – Institutional Based Rehab/Pop/Mgt. 10,018,845 (2,925) 10,015,920
4	Healthcare Services
5	General Revenue 19,639,269 (55,609) 19,583,660
6	Total – Healthcare Services 19,639,269 (55,609) 19,583,660
7	Community Corrections
8	General Revenues 15,031,969 (162,101) 14,869,868
9	Federal Funds 73,986 43,267 117,253
10	Restricted Receipts 35,132 2,157 37,289
11	Total – Community Corrections 15,141,087 (116,677) 15,024,410
12	Grand Total – Corrections 204,702,527 (1,257,153) 203,445,374
13	Judiciary
14	Supreme Court
15	General Revenues 26,221,542 (99,073) 26,122,469
16	Defense of Indigents 3,562,240 (20,000) 3,542,240
17	Federal Funds 272,163 (81,512) 190,651
18	Restricted Receipts 3,356,909 51,563 3,408,472
19	Rhode Island Capital Plan Funds
20	Judicial HVAC 425,000 197,271 622,771
21	Judicial Complexes Asset Protection 650,000 182,719 832,719
22	Murray Judicial Complex Cell Block 440,000 290,293 730,293
23	Total - Supreme Court 34,927,854 521,261 35,449,115
24	Judicial Tenure and Discipline
25	General Revenues 115,627 (573) 115,054
26	Total – Judicial Tenure and Discipline 115,627 (573) 115,054
27	Superior Court
28	General Revenues 22,294,581 (364,700) 21,929,881
29	Federal Funds 94,205 44,956 139,161
30	Restricted Receipts 306,723 (4,345) 302,378
31	Total - Superior Court 22,695,509 (324,089) 22,371,420
32	Family Court
33	General Revenues 18,851,385 141,452 18,992,837
34	Federal Funds 2,257,880 (523,932) 1,733,948
	LC003615 - Page 93 of 245
1	Total - Family Court 21,109,265 (382,480) 20,726,785
2	District Court
3	General Revenues 12,545,634 (423,287) 12,122,347
4	Restricted Receipts 297,822 (5,020) 292,802
5	Total - District Court 12,843,456 (428,307) 12,415,149
6	Traffic Tribunal
7	General Revenues 8,090,350 490,228 8,580,578
8	Total – Traffic Tribunal 8,090,350 490,228 8,580,578
9	Workers' Compensation Court
10	Restricted Receipts 7,842,060 (7,530) 7,834,530
11	Total – Workers’ Compensation Court 7,842,060 (7,530) 7,834,530
12	Grand Total – Judiciary 107,624,121 (131,490) 107,492,631
13	Military Staff
14	National Guard
15	General Revenues 1,361,037 315,776 1,676,813
16	Federal Funds 14,816,306 (322,293) 14,494,013
17	Restricted Receipts 300,000 263,000 563,000
18	Rhode Island Capital Plan Funds
19	Armory of Mounted Command Roof
20	Replacement 280,000 (140,000) 140,000
21	State Armories Fire Code Compliance 20,250 14,750 35,000
22	Federal Armories Fire Code Compliance 20,250 (16,150) 4,100
23	Asset Protection 775,000 (132,102) 642,898
24	Logistics/Maintenance Facilities Fire Code Comp. 12,500 (2,500) 10,000
25	Benefit Street Arsenal Rehabilitation 800,000 (375,000) 425,000
26	Hurricane Sandy Cleanup 1,500,000 88,702 1,588,702
27	Command Center Readiness Addition 0 168,458 168,458
28	Emergency Management Building 0 29,643 29,643
29	Burrillville Regional Training Institute 0 30,290 30,290
30	Camp Fogarty Amory Roof 0 406,367 406,367
31	Total - National Guard 19,885,343 328,941 20,214,284
32	Emergency Management
33	General Revenues 2,508,946 (545,722) 1,963,224
34	Federal Funds 20,062,446 6,773,663 26,836,109
	LC003615 - Page 94 of 245
1	Restricted Receipts 700,779 (492,721) 208,058
2	Total - Emergency Management 23,272,171 5,735,220 29,007,391
3	Grand Total - Military Staff 43,157,514 6,064,161 49,221,675
4	Public Safety
5	Central Management
6	General Revenues 1,240,692 (37,439) 1,203,253
7	Federal Funds 4,032,164 682,295 4,714,459
8	Federal Funds – Stimulus 73,809 073,809
9	Restricted Receipts 850 19,150 20,000
10	Total – Central Management 5,347,515 664,006 6,011,521
11	E-911 Emergency Telephone System
12	General Revenues 5,488,731 (44,435) 5,444,296
13	Total - E-911 Emergency Telephone System 5,488,731 (44,435) 5,444,296
14	State Fire Marshal
15	General Revenues 2,894,425 (168,764) 2,725,661
16	Federal Funds 0 316,668 316,668
17	Restricted Receipts 277,338 131,417 408,755
18	Rhode Island Capital Plan Funds
19	Fire Academy 800,000 (583,500) 216,500
20	Quonset Development Corp 55,303 64 55,367
21	Total - State Fire Marshal 4,027,066 (304,115) 3,722,951
22	Security Services
23	General Revenues 21,814,553 (688,213) 21,126,340
24	Total – Security Services 21,814,553 (688,213) 21,126,340
25	Municipal Police Training Academy
26	General Revenues 293,022 (56,618) 236,404
27	Federal Funds 269,151 21,249 290,400
28	Restricted Receipts 0 60,000 60,000
29	Total - Municipal Police Training Academy 562,173 24,631 586,804
30	State Police
31	General Revenues 64,630,376 (721,641) 63,908,735
32	Federal Funds 1,780,411 3,117,696 4,898,107
33	Federal Funds – Stimulus 0 155,000 155,000
34	Restricted Receipts 12,475,000 (110,000) 12,365,000
	LC003615 - Page 95 of 245
1	Rhode Island Capital Plan Funds
2	Barracks and Training 1,409,743 (1,152,426) 257,317
3	Headquarters Repairs/Rehabilitation 500,000 65,032 565,032
4	Parking Area Improvements 225,000 137,967 362,967
5	HQ Expansion 210,000 27,044 237,044
6	State Police Headquarters Facility 0 150,000 150,000
7	Statewide Microwave Tower Installations 0 50,000 50,000
8	Traffic Enforcement - Municipal Training 130,150 4,350 134,500
9	Lottery Commission Assistance 1,558,727 (249,498) 1,309,229
10	Airport Corporation 240,304 (51,155) 189,149
11	Road Construction Reimbursement 3,078,000 (143,000) 2,935,000
12	Total - State Police 86,237,711 1,279,369 87,517,080
13	Grand Total – Public Safety 123,477,749 931,243 124,408,992
14	Office of Public Defender
15	General Revenues 11,034,686 (149,275) 10,885,411
16	Federal Funds 291,996 (34,910) 257,086
17	Grand Total - Office of Public Defender 11,326,682 (184,185) 11,142,497
18	Environmental Management
19	Office of the Director
20	General Revenues 4,575,920 (95,543) 4,480,377
21	Permit Streamlining 33,414 0 33,414
22	Federal Funds 150,000 0 150,000
23	Federal Funds – Stimulus 0 355,000 355,000
24	Restricted Receipts 2,929,180 394,800 3,323,980
25	Total – Office of the Director 7,688,514 654,257 8,342,771
26	Natural Resources
27	General Revenues 18,718,638 (292,930) 18,425,708
28	Federal Funds 27,119,465 (1,359,271) 25,760,194
29	Restricted Receipts 6,594,688 72,630 6,667,318
30	Other Funds
31	DOT Recreational Projects 370,428 723,850 1,094,278
32	Blackstone Bikepath Design 2,060,087 0 2,060,087
33	Transportation MOU 78,579 0 78,579
34	Rhode Island Capital Plan Funds
	LC003615 - Page 96 of 245
1	Dam Repair 1,300,000 0 1,300,000
2	Fort Adams Rehabilitation 500,000 0 500,000
3	Fort Adams America’s Cup 3,883,558 0 3,883,558
4	Recreational Facilities Improvements 3,390,000 (600,000) 2,790,000
5	Galilee Piers Upgrade 2,696,307 (44,997) 2,651,310
6	Newport Piers 250,000 (104,958) 145,042
7	World War II Facility 2,600,000 (2,600,000) 0
8	Blackstone Valley Bike Path 596,000 (196,000) 400,000
9	Natural Resources Office/Visitor’s Center 1,800,000 (1,352,547) 447,453
10	Rocky Point Acquisition/Renovations 2,500,000 0 2,500,000
11	Total - Natural Resources 74,457,750 (5,754,223) 68,703,527
12	Environmental Protection
13	General Revenues 11,428,346 (164,643) 11,263,703
14	Federal Funds 11,122,266 (1,274,824) 9,847,442
15	Restricted Receipts 8,557,647 352,505 8,910,152
16	Other Funds
17	Transportation MOU 165,000 0 165,000
18	Retrofit Heavy-Duty Diesel Vehicles 2,760,000 (2,500,000) 260,000
19	Total - Environmental Protection 34,033,259 (3,586,962) 30,446,297
20	Grand Total - Environmental
21	Management 116,179,523 (8,686,928) 107,492,595
22	Coastal Resources Management Council
23	General Revenues 2,174,331 (15,595) 2,158,736
24	Federal Funds 1,754,919 (119,656) 1,635,263
25	Federal Funds – Stimulus 405,674 294,095 699,769
26	Restricted Receipts 374,982 (124,982) 250,000
27	Rhode Island Capital Plan Funds
28	Security Facility Area 0 50,000 50,000
29	Grand Total - Coastal Resources Mgmt.
30	Council 4,709,906 83,862 4,793,768
31	Transportation
32	Central Management
33	Federal Funds 11,307,723 (3,307,736) 7,999,987
34	Other Funds
	LC003615 - Page 97 of 245
1	Gasoline Tax 1,455,983 237,729 1,693,712
2	Total – Central Management 12,763,706 (3,070,007) 9,693,699
3	Management and Budget
4	Other Funds
5	Gasoline Tax 1,549,669 616,312 2,165,981
6	Total – Central Management 1,549,669 616,312 2,165,981
7	Infrastructure Engineering – GARVEE/Motor Fuel Tax Bonds
8	Federal Funds 293,587,942 34,817,619 328,405,561
9	Of these federal funds, $1,790,000 is appropriated to the Public Rail Corporation from
10	CMAQ federal funds for the payment of liability insurance.
11	Federal Funds – Stimulus 6,865,921 5,856,068 12,721,989
12	Restricted Receipts 8,010,496 (1,141,546) 6,868,950
13	Other Funds
14	Gasoline Tax 53,061,714 (248,450) 52,813,264
15	Land Sale Revenue 14,809,264 (5,709,183) 9,100,081
16	Rhode Island Capital Plan Funds
17	RIPTA Land and Buildings 104,000 115,261 219,261
18	Highway Projects Match Plan 21,135,000 (13,398,640) 7,736,360
19	Total – Infrastructure Engineering
20	GARVEE/Motor Fuel Tax Bonds 397,574,337 20,291,129 417,865,466
21	Infrastructure Maintenance
22	Other Funds
23	Gasoline Tax 42,251,075 (566,694) 41,684,381
24	Non-Land Surplus Property 125,000 (75,000) 50,000
25	Outdoor Advertising 175,000 150,000 325,000
26	Rhode Island Capital Plan Funds
27	Maintenance Facilities Improvements 776,210 14,044 790,254
28	Salt Storage Facilities 1,500,000 171,435 1,671,435
29	Portsmouth Facility 1,835,000 (935,000) 900,000
30	Maintenance Equipment Replacement 1,000,000 1,000,000 2,000,000
31	Train Station Maintenance and Repairs 100,000 (2,126) 97,874
32	Cooperative Maintenance Facility DOT/RIPTA 600,000 (300,000) 300,000
33	Cherry Hill/Lincoln Facility 0 481,007 481,007
34	East Providence Facility 0 150,000 150,000
	LC003615 - Page 98 of 245
1	DOT Maintenance Facilities – Fire Alarms 0 17,187 17,187
2	Total – Infrastructure Maintenance 48,362,285 104,853 48,467,138
3	Grand Total – Transportation 460,249,997 17,942,287 478,192,284
4	Statewide Totals
5	General Revenues 3,359,755,123 (8,102,315) 3,351,742,808
6	Federal Funds 2,717,673,430 105,084,530 2,822,757,960
7	Restricted Receipts 255,035,912 24,359,686 279,395,598
8	Other Funds 1,880,597,557 44,930,611 1,925,528,168
9	Statewide Grand Total 8,213,062,022 166,362,512 8,379,424,534
10	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
11	appropriation.
12	SECTION 3. The general assembly authorizes the state controller to establish the internal
13	service accounts shown below, and no other, to finance and account for the operations of state
14	agencies that provide services to other agencies, institutions and other governmental units on a
15	cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
16	managed in a businesslike manner, promote efficient use of services by making agencies pay the
17	full costs associated with providing the services, and allocate the costs of central administrative
18	services across all fund types, so that federal and other non-general fund programs share in the
19	costs of general government support. The controller is authorized to reimburse these accounts for
20	the cost of work or services performed for any other department or agency subject to the
21	following expenditure limitations:
22	FY 2014 FY 2014 FY 2014
23	Account Enacted Change Final
24	State Assessed Fringe Benefit Internal Service Fund 33,644,675 2,053,134 35,697,809
25	Administration Central Utilities Internal Service Fund 20,253,728 (6,015,271) 14,238,457
26	State Central Mail Internal Service Fund 5,336,633 183,170 5,519,803
27	State Telecommunications Internal Service Fund 4,084,660 (31,222) 4,053,438
28	State Automotive Fleet Internal Service Fund 13,668,556 (263,198) 13,405,358
29	Surplus Property Internal Service Fund 2,500 0 2,500
30	Health Insurance Internal Service Fund 250,127,757 0 250,127,757
31	Other Post-Employment Benefits Fund
32	Retired State Employees 49,727,160 (518,377) 49,208,783
33	Retired Higher Education Employees 2,536,462 0 2,536,462
34	Retired Teachers 7,531,279 0 7,531,279
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1	Retired State Police 3,073,102 0 3,073,102
2	Retired Legislators 772,532 0 772,532
3	Retired Judges 931,493 0 931,493
4	Capital Police Internal Service Fund 872,233 147,688 1,019,921
5	Corrections Central Distribution Center Internal
6	Service Fund 6,701,947 569,518 7,271,465
7	Correctional Industries Internal Service Fund 8,341,086 (750,581) 7,590,505
8	Secretary of State Record Center Internal Service Fund 869,457 (3,166) 866,291
9	SECTION 4. Departments and agencies listed below may not exceed the number of full-
10	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
11	not include seasonal or intermittent positions whose scheduled period of employment does not
12	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
13	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
14	individuals engaged in training, the completion of which is a prerequisite of employment.
15	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
16	designee, and the President of the Senate or designee may authorize an adjustment to any
17	limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
18	recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
19	copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
20	the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
21	Senate Fiscal Advisor.
22	State employees whose funding is from non-state general revenue funds that are time
23	limited shall receive limited term appointment with the term limited to the availability of non-
24	state general revenue funding source.
25	FY 2014 FTE POSITION AUTHORIZATION
26	Departments and Agencies Full-Time Equivalent
27	Administration 720.7
28	Business Regulation 94.0
29	Labor and Training 392.0 410.0
30	Revenue 492.0
31	Legislature 298.5
32	Office of the Lieutenant Governor 8.0
33	Office of the Secretary of State 57.0
34	Office of the General Treasurer 83.0
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1	Board of Elections 11.0
2	Rhode Island Ethics Commission 12.0
3	Office of the Governor 45.0
4	Commission for Human Rights 14.5
5	Public Utilities Commission 49.0
6	Office of Health and Human Services 184.0
7	Children, Youth, and Families 670.5
8	Health 494.1 491.1
9	Human Services 959.1
10	Behavioral Health, Developmental Disabilities, and Hospitals 1,423.4 1,422.4
11	Office of the Child Advocate 6.0
12	Commission on the Deaf and Hard of Hearing 3.0
13	Governor's Commission on Disabilities 4.0
14	Office of the Mental Health Advocate 3.7
15	Elementary and Secondary Education 171.4
16	School for the Deaf 60.0
17	Davies Career and Technical School 126.0
18	Office of Higher Education Office of Postsecondary Commissioner 13.8 12.8
19	Provided that 1.0 of the total authorization would be available only for positions that are
20	supported by third-party funds.
21	University of Rhode Island 2,456.5
22	Provided that 593.2 518.6 of the total authorization would be available only for positions that
23	are supported by third-party funds.
24	Rhode Island College 923.6
25	Provided that 82.0 of the total authorization would be available only for positions that are
26	supported by third-party funds.
27	Community College of Rhode Island 854.1
28	Provided that 100.0 59.7 of the total authorization would be available only for positions that
29	are supported by third-party funds.
30	Rhode Island State Council on the Arts 6.0
31	RI Atomic Energy Commission 8.6
32	Higher Education Assistance Authority 23.0
33	Historical Preservation and Heritage Commission 16.6
34	Office of the Attorney General 233.1
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1	Corrections 1,419.0
2	Judicial 726.3
3	Military Staff 117.0
4	Public Safety 645.2 634.2
5	Office of the Public Defender 93.0
6	Environmental Management 399.0
7	Coastal Resources Management Council 29.0
8	Transportation 772.6 752.6
9	Total 15,118.3 15,100.3
10	SECTION 5. Notwithstanding any public laws to the contrary, three million, three
11	hundred twenty thousand, nine hundred seventy nine dollars ($3,320,979) of bond premium
12	deposited into the Rhode Island Capital Plan Fund in FY 2014 shall be transferred to the general
13	fund on or before June 30, 2014.
14	SECTION 6. This Article shall take effect upon passage.
15	ARTICLE 11
16	JOB DEVELOPMENT FUND ASSESSMENT
17	SECTION 1. Section 28-42-84 of the General Laws in Chapter 28-42 entitled
18	"Employment Security – General Provisions" is hereby amended to read as follows:
19	28-42-84. Job development fund – Disbursements – Unexpended balance. -- (a) The
20	moneys in the job development fund shall be used for the following purposes:
21	(1) To reimburse the department of labor and training for the loss of any federal funds
22	resulting from the collection and maintenance of the fund by the department;
23	(2) To make refunds of contributions erroneously collected and deposited in the fund;
24	(3) To pay any administrative expenses incurred by the department of labor and training
25	associated with the collection of the contributions for employers paid pursuant to § 28-43-8.5, and
26	any other administrative expenses associated with the maintenance of the fund, including the
27	payment of all premiums upon bonds required pursuant to § 28-42-85;
28	(4) To provide for job training, counseling and assessment services, and other related
29	activities and services. Services will include, but are not limited to, research, development,
30	coordination, and training activities to promote workforce development and business
31	development as established by the human resource investment council;
32	(5) To support the state's job training for economic development;
33	(6)(i) Beginning January 1, 2001, two hundredths of one percent (0.02%) out of the
34	twenty-one hundredths of one percent (0.21%) job development assessment paid pursuant to §
	LC003615 - Page 102 of 245
1	28-43-8.5 shall be used to support necessary core services in the unemployment insurance and
2	employment services programs operated by the department of labor and training; and
3	(ii) Beginning January 1, 2011 and ending in tax year 2015, two hundredths of one
4	percent (0.02%) out of the fifty- one hundredths of one percent (0.51%) job development
5	assessment paid pursuant to § 28-43-8.5 shall be used to support necessary core services in the
6	unemployment insurance and employment services programs operated by the department of labor
7	and training; and
8	(7)(i) Beginning January 1, 2011 and ending in tax year 2015, three tenths of one percent
9	(0.3%) out of the fifty-one hundredths of one percent (0.51%) job development assessment paid
10	pursuant to § 28-43.8.5 shall be deposited into a restricted receipt account to be used solely to pay
11	the principal and/or interest due on Title XII advances received from the federal government in
12	accordance with the provisions of Section 1201 of the Social Security Act; provided, however,
13	that if the federal Title XII loans are repaid through a state revenue bond or other financing
14	mechanism, then these funds may also be used to pay the principal and/or interest that accrues on
15	that debt. Any remaining funds in the restricted receipt account, after the outstanding principal
16	and interest due has been paid, shall be transferred to the employment security fund for the
17	payment of benefits.
18	(ii) Notwithstanding the provisions of this section, for FY 2015 and ensuing fiscal years,
19	the general assembly may annually allocate in the budget out of available funds in the restricted
20	receipt account such funds as may be necessary to support the costs associated with the
21	department's unemployment insurance modernization project.
22	(b) The general treasurer shall pay all vouchers duly drawn by the council upon the fund,
23	in any amounts and in any manner that the council may prescribe. Vouchers so drawn upon the
24	fund shall be referred to the controller within the department of administration. Upon receipt of
25	those vouchers, the controller shall immediately record and sign them and shall promptly transfer
26	those signed vouchers to the general treasurer. Those expenditures shall be used solely for the
27	purposes specified in this section and its balance shall not lapse at any time but shall remain
28	continuously available for expenditures consistent with this section. The general assembly shall
29	annually appropriate the funds contained in the fund for the use of the human resource investment
30	council and, in addition, for the use of the department of labor and training effective July 1, 2000,
31	and for the payment of the principal and interest due on federal Title XII loans beginning July 1,
32	2011; provided, however, that if the federal Title XII loans are repaid through a state revenue
33	bond or other financing mechanism, then the funds may also be used to pay the principal and/or
34	interest that accrues on that debt.
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1	SECTION 2. This article shall take effect upon passage.
2	ARTICLE 12
3	RELATING TO REVENUES
4	SECTION 1. Chapter 31-3-6.1 of the General Laws entitled "Registration of Vehicles" is
5	hereby amended by adding thereto the following section:
6	31-3-6.1.1. Denial of registration- Denial of transfer of registration -- Failure to file
7	tax returns and/or pay taxes. -- (a) On or before October 31 in each year and at least quarterly
8	thereafter, the tax administrator shall furnish the division of motor vehicles, with a list the names,
9	addresses and social security numbers of persons who have neglected or refused to file a tax
10	return(s) and/or to pay any tax administered by the tax administrator and that there is no
11	administrative or appellate review pending regarding such tax matter.
12	(b) Thereafter, the tax administrator, at the times and in the manner mutually agreed to by
13	the tax administrator and the administrator of the division of motor vehicles, shall furnish to the
14	division of motor vehicles the names, addresses and social security numbers of those persons
15	whose names appear on that list but who have subsequently filed all required returns and paid all
16	required taxes, interest and attendant penalties in full or entered into a time payment agreement
17	satisfactory to the tax administrator. Upon receipt of said information, said names, addresses and
18	social security numbers of said persons shall be removed from the list.
19	(c) The administrator of the division of motor vehicles shall not register any motor
20	vehicle or transfer the registration of any motor vehicle for any person whose name appears on a
21	list provided by the tax administrator pursuant to subsection (a) above until all state taxes, interest
22	and attendant penalties have been paid in full and the payment has been certified to the division
23	of motor vehicles by the tax administrator.
24	(d) If the person thereafter files an overdue return and/or remits past taxes due or enters
25	into a satisfactory time payment agreement with respect to any and all returns due and taxes
26	payable, the tax administrator shall, within five (5) business days of the person's request, provide
27	the division of motor vehicles with a certificate of good standing specified in § 5-76-5. Within
28	five (5) business days of receiving such a certificate, the division of motor vehicles shall register
29	or transfer the person's registration.
30	(e) If a person files an overdue return and/or remits past due taxes in order to register a
31	motor vehicle or transfer the registration of a motor vehicle, said late filing and/or payment shall
32	not be an admission of a violation of any criminal tax statute regarding late filing and/or late
33	payment. The tax administrator shall not refer such person to the Attorney General for
34	prosecution based solely upon said late filing and/or payment of past due taxes.
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1	SECTION 2. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby
2	amended by adding thereto the following section:
3	44-1-31.2. Charges of Electronic Filing of Tax Returns. -- (a) For the purpose of this
4	chapter, the following terms have the specified meanings:
5	(1) "Authorized tax document" means a document which the tax administrator has
6	authorized to be filed electronically.
7	(2) "Software Company" means a developer of tax software.
8	(3) "Tax Return Preparer" means any person who prepares for compensation, or who
9	employs or engages one or more persons to prepare for compensation, any authorized tax
10	document. For the purpose of this section, the term "tax return preparer" also includes a payroll
11	service.
12	(4) "Tax Software" means any computer software program intended for tax return
13	preparation purposes. For purposes of this section, the term "tax software" includes, but is not
14	limited to, an off-the-shelf software program loaded onto a tax return preparer's or taxpayer's
15	computer, or an online tax preparation application.
16	(b) It shall be unlawful for a tax return preparer or a software company to charge a
17	separate fee for the electronic filing of authorized tax documents. It shall also be unlawful for a
18	software company to offer a version of its tax software that charges a separate fee for the
19	electronic filing of authorized tax documents and a version of the same tax software that does not.
20	(c) Any tax return preparer or software company violating this section shall be liable for a
21	civil penalty of five hundred dollars ($500.00) for the first violation and on thousand dollars
22	($1,000.00) for each succeeding violation. The civil penalties imposed by this section shall be
23	paid to the tax administrator upon notice and demand, and will be assessed, collected and paid in
24	the same manner as taxes under this title.
25	SECTION 3. Sections 44-18-7, 44-18-7.3, 44-18-12.1, and 44-18-36.1 of the General
26	Laws in Chapter 44-18 entitled "Sales and Use Tax – Liability and Computation" are hereby
27	amended to read as follows:
28	44-18-7. Sales defined. -- "Sales" means and includes:
29	(1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or
30	otherwise, in any manner or by any means of tangible personal property for a consideration.
31	"Transfer of possession", "lease", or "rental" includes transactions found by the tax administrator
32	to be in lieu of a transfer of title, exchange, or barter.
33	(2) The producing, fabricating, processing, printing, or imprinting of tangible personal
34	property for a consideration for consumers who furnish either directly or indirectly the materials
	LC003615 - Page 105 of 245
1	used in the producing, fabricating, processing, printing, or imprinting.
2	(3) The furnishing and distributing of tangible personal property for a consideration by
3	social, athletic, and similar clubs and fraternal organizations to their members or others.
4	(4) The furnishing, preparing, or serving for consideration of food, meals, or drinks,
5	including any cover, minimum, entertainment, or other charge in connection therewith.
6	(5) A transaction whereby the possession of tangible personal property is transferred, but
7	the seller retains the title as security for the payment of the price.
8	(6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate
9	commerce, of tangible personal property from the place where it is located for delivery to a point
10	in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental,
11	conditional or otherwise, in any manner or by any means whatsoever, of the property for a
12	consideration.
13	(7) A transfer for a consideration of the title or possession of tangible personal property,
14	which has been produced, fabricated, or printed to the special order of the customer, or any
15	publication.
16	(8) The furnishing and distributing of electricity, natural gas, artificial gas, steam,
17	refrigeration, and water.
18	(9) The furnishing for consideration of intrastate, interstate and international
19	telecommunications service sourced in this state in accordance with subsections 44-18.1(15) and
20	(16) and all ancillary services, any maintenance services of telecommunication equipment other
21	than as provided for in subdivision 44-18-12(b)(ii). For the purposes of chapters 18 and 19 of this
22	title only, telecommunication service does not include service rendered using a prepaid telephone
23	calling arrangement.
24	(ii) Notwithstanding the provisions of paragraph (i) of this subdivision, in accordance
25	with the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 – 126), subject to the
26	specific exemptions described in 4 U.S.C. § 116(c), and the exemptions provided in §§ 44-18-8
27	and 44-18-12, mobile telecommunications services that are deemed to be provided by the
28	customer's home service provider are subject to tax under this chapter if the customer's place of
29	primary use is in this state regardless of where the mobile telecommunications services originate,
30	terminate or pass through. Mobile telecommunications services provided to a customer, the
31	charges for which are billed by or for the customer's home service provider, shall be deemed to be
32	provided by the customer's home service provider.
33	(10) The furnishing of service for transmission of messages by telegraph, cable, or radio
34	and the furnishing of community antenna television, subscription television, and cable television
	LC003615 - Page 106 of 245
1	services.
2	(11) The rental of living quarters in any hotel, as defined in § 42-63.1-2, rooming house,
3	or tourist camp.
4	(12) The transfer for consideration of prepaid telephone calling arrangements and the
5	recharge of prepaid telephone calling arrangements sourced to this state in accordance with §§
6	44-18.1-11 and 44-18.1-15. "Prepaid telephone calling arrangement" means and includes prepaid
7	calling service and prepaid wireless calling service.
8	(13) The sale, storage, use or other consumption of over-the-counter drugs as defined in
9	paragraph 44-18-7.1(h)(ii).
10	(14) The sale, storage, use or other consumption of prewritten computer software
11	delivered electronically or by load and leave as defined in paragraph 44-18-7.1(v).
12	(15) The sale, storage, use or other consumption of medical marijuana as defined in § 21-
13	28.6-3.
14	(16) The furnishing of services in this state as defined in § 44-18-7.3
15	44-18-7.3. Services defined. -- a) "Services" means all activities engaged in for other
16	persons for a fee, retainer, commission, or other monetary charge, which activities involve the
17	performance of a service in this state as distinguished from selling property.
18	(b) The following businesses and services performed in this state, along with the
19	applicable 2007 North American Industrial Classification System (NAICS) codes, are included in
20	the definition of services:
21	(1) Taxicab and limousine services including but not limited to:
22	(i) Taxicab services including taxi dispatchers (485310); and
23	(ii) Limousine services (485320).
24	(2) Other road transportation service including but not limited to:
25	(i) Charter bus service (485510); and
26	(ii) All other transit and ground passenger transportation (485999).
27	(3) Pet care services (812910) except veterinary and testing laboratories services.
28	(c)(1) "Room reseller" or "Reseller." Room reseller or reseller shall mean any person
29	having any right, permission, license, or other authority from or through a hotel, as defined in §
30	42-63.1-2, to reserve, or arrange the transfer of occupancy of, accommodations, the reservation or
31	transfer of which is subject to this chapter, such that the occupant pays all or a portion of the
32	rental and other fees to the reseller. Room reseller or reseller shall include, but not be limited to,
33	sellers of travel packages as defined in this section. Notwithstanding the provisions of any other
34	law, where said reservation or transfer of occupancy is made using a room reseller, the
	LC003615 - Page 107 of 245
1	application of the sales and use under §§ 44-18-18 and 44-18-20, and the hotel tax under §44-18-
2	36.1 shall be as follows: The room reseller is required to register with and shall collect and pay to
3	the tax administrator the sales and use and hotel taxes with said taxes being calculated upon the
4	amount of rental and other fees paid by the occupant to the room reseller, less the amount of any
5	rental and other fees paid by the reseller to the hotel. The hotel shall collect and pay to the tax
6	administrator said taxes upon the amount of rental and other fees paid to the hotel by the reseller
7	and/or the occupant. No assessment shall be made by the tax administrator against a hotel because
8	of an incorrect remittance of the taxes under this chapter by a room reseller. No assessment shall
9	be made by the tax administrator against a room reseller because of an incorrect remittance of the
10	taxes under this chapter by a hotel. If the hotel has paid the taxes imposed under this chapter, the
11	occupant and/or room reseller shall reimburse the hotel for said taxes. If the reseller has paid said
12	taxes, the occupant shall reimburse the reseller for said taxes. Each hotel and room reseller shall
13	add and collect from the occupant or the room reseller the full amount of the taxes imposed on the
14	rental and other fees. When added to the rental and other fees, the taxes shall be a debt owed by
15	the occupant to the hotel or room reseller, as applicable, and shall be recoverable at law in the
16	same manner as other debts. The amount of the taxes collected by the hotel and/or room reseller
17	from the occupant under this chapter shall be stated and charged separately from the rental and
18	other fees, and shall be shown separately on all records thereof, whether made at the time the
19	transfer of occupancy occurs and made on valid evidence of the transfer, issued or used by the
20	hotel or the room reseller. A room reseller shall not be required to disclose to the occupant the
21	amount of tax charged by the hotel; provided, however, the reseller shall represent to the
22	occupant that the separately stated taxes charged by the reseller include taxes charged by the
23	hotel. No person shall operate a hotel in this state, or act as a room reseller for any hotel in the
24	state, unless the tax administrator has issued a permit pursuant to R.I. Gen. Laws § 44-19-1.
25	(2) "Travel package" means a room or rooms bundled with one or more other, separate
26	components of travel such as air transportation, car rental or similar items, which travel package
27	is charged to the customer or occupant for a single retail price. When the room occupancy is
28	bundled for a single consideration, with other property, services, amusement charges, or any other
29	items, the separate sale of which would not otherwise be subject to tax under this chapter, the
30	entire single consideration shall be treated as rent, subject to tax under this chapter; provided,
31	however, that where the amount of the rental or other fees for room occupancy is stated
32	separately from the price of such other property, services, amusement charges, or other items, on
33	any sales slip, invoice, receipt, or other statement given the occupant, and such rental and other
34	fees are determined by the tax administrator to be reasonable in relation to the value of such other
	LC003615 - Page 108 of 245
1	property, services, amusement charges or other items, only such separately stated rental and other
2	fees will be subject to tax under this chapter. The value of the transfer of any room or rooms
3	bundled as part of a travel package may be determined by the tax administrator from the room
4	reseller's and/or hotel's books and records kept in the regular and ordinary course of business.
5	(c)(d) The tax administrator is authorized to promulgate rules and regulations in
6	accordance with the provisions of chapter 42-35 to carry out the provisions, policies, and
7	purposes of this chapter.
8	44-18-12.1. Additional measure subject to tax. -- Also included in the measure subject
9	to tax under this chapter is the total amount charged for the furnishing or distributing of
10	electricity, natural gas, artificial gas, steam, refrigeration, water, telecommunications, telegraph,
11	cable, and radio message service, community antenna television, subscription television, and
12	cable television service; provided, that the measure of tax in regard to telecommunications service
13	is the total consideration received for the service as defined in § 44-18-7(9); provided, that in
14	order to prevent multistate taxation of all telecommunications service, any taxpayer is allowed a
15	credit or refund of sales tax upon presenting proof that a tax has been paid to another state to
16	which the tax is properly due for the identical service taxed under this chapter. Furthermore,
17	included in the measure of tax is the total amount charged for the rental of living quarters in any
18	hotel as defined in § 42-63.1-2, rooming house, or tourist camp.
19	44-18-36.1. Hotel tax. -- (a) There is imposed a hotel tax of five percent (5%) upon the
20	total consideration charged for occupancy of any space furnished by any hotel, as defined in § 42-
21	63.1-2, or room reseller, as defined in § 44-18-7.3(c), in this state. The hotel tax is in addition to
22	any sales tax imposed. This hotel tax is administered and collected by the division of taxation and
23	unless provided to the contrary in this chapter, all the administration, collection, and other
24	provisions of chapters 18 and 19 of this title apply. Nothing in this chapter shall be construed to
25	limit the powers of the convention authority of the city of Providence established pursuant to the
26	provisions of chapter 84 of the public laws of 1980, except that distribution of hotel tax receipts
27	shall be made pursuant to chapter 63.1 of title 42 rather than chapter 84 of the public laws of
28	1980.
29	(b) There is hereby levied and imposed, upon the total consideration charged for
30	occupancy of any space furnished by any hotel, as defined in § 42-63.1-2, or room reseller as
31	defined in § 44-18-7.3(c), in this state, in addition to all other taxes and fees now imposed by law,
32	a local hotel tax at a rate of one percent (1%). The local hotel tax shall be administered and
33	collected in accordance with subsection (a).
34	(c) All sums received by the division of taxation from the local hotel tax, penalties or
	LC003615 - Page 109 of 245
1	forfeitures, interest, costs of suit and fines shall be distributed at least quarterly, credited and paid
2	by the state treasurer to the city or town where the space for occupancy that is furnished by the
3	hotel is located. Unless provided to the contrary in this chapter, all of the administration,
4	collection, and other provisions of chapters 18 and 19 of this title shall apply.
5	(d) Notwithstanding the provisions of subsection (a) of this section, the city of Newport
6	shall have the authority to collect from hotels, as defined in § 42-63.1-2, or room reseller as
7	defined in § 44-18-7.3(c), located in the city of Newport the tax imposed by subsection (a) of this
8	section.
9	(1) Within ten (10) days of collection of the tax, the city of Newport shall distribute the
10	tax as provided in § 42-63.1-3. No later than the first day of March and the first day of September
11	in each year in which the tax is collected, the city of Newport shall submit to the division of
12	taxation a report of the tax collected and distributed during the six (6) month period ending thirty
13	(30) days prior to the reporting date.
14	(2) The city of Newport shall have the same authority as the division of taxation to
15	recover delinquent hotel taxes pursuant to chapter 44-19, and the amount of any hotel tax, penalty
16	and interest imposed by the city of Newport until collected constitutes a lien on the real property
17	of the taxpayer.
18	In recognition of the work being performed by the Streamlined Sales and Use Tax
19	Governing Board, upon passage of any federal law which authorizes states to requires remote
20	sellers to collect and remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter
21	following the change, the rate imposed under § 44-18-36.1(b) shall be one and one-half percent
22	(1.5%). effective on the same date this state requires remote sellers to collect and remit sales and
23	use taxes.
24	SECTION 4. Section 42-63.1-2 of the General Laws in Chapter 42-63.1 entitled
25	"Tourism and Development" is hereby amended to read as follows:
26	42-63.1-2. Definitions. -- For the purposes of this chapter:
27	(1) "Consideration" means the monetary charge for the use of space devoted to transient
28	lodging accommodations.
29	(2) "Corporation" means the Rhode Island economic development corporation Rhode
30	Island Commerce Corporation.
31	(3) "District" means the regional tourism districts set forth in § 42-63.1-5.
32	(4) "Hotel" means any facility offering a minimum of three (3) one rooms for which the
33	public may, for a consideration, obtain transient lodging accommodations. The term "hotel" shall
34	include hotels, motels, bed and breakfasts (B&B's), time shares as defined in §34-41-1.02(13),
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1	tourist homes, tourist camps, lodging houses, and inns and shall exclude schools, hospitals,
2	sanitariums, nursing homes, and chronic care centers.
3	(5) "Occupancy" means a person, firm or corporation's use of space ordinarily used for
4	transient lodging accommodations not to exceed thirty (30) days. Excluded from "occupancy" is
5	the use of space for which the occupant has a written lease for the space, which lease covers a
6	rental period of twelve (12) months or more.
7	(6) "Tax" means the hotel tax imposed by subsection 44-18-36.1(a).
8	SECTION 5. Chapter 44-30 entitled "Personal Income Tax" is hereby amended by
9	adding thereto the following section:
10	44-30-100. Lookup Table to Report Use Tax on Personal Income Tax Return. -- (a)
11	When reporting the amount of use tax obligation on the Rhode Island personal income return, the
12	taxpayer shall list either the actual amount (from books, records, and other sources), or an amount
13	using a lookup table established by the tax administrator.
14	(b) Establishment of lookup table. (1) The tax administrator shall create the lookup table
15	with reference to a taxpayer's federal adjusted gross income (AGI) as listed on the Rhode Island
16	personal income tax return before modifications, adjustments, or other changes. To determine the
17	amount of use tax from the lookup table, the taxpayer shall multiply 0.0008 by the amount of the
18	taxpayer's federal AGI as listed on the Rhode Island personal income tax return before
19	modifications, adjustments, or other changes.
20	(2) The AGI income ranges within the lookup table shall be adjusted by the tax
21	administrator by December 31 of each calendar year by the percentage, if any, by which the
22	Consumer Price Index for All Urban Consumers (CPI-U) as of the close of the 12-month period
23	ending on August 31 of that year, exceeds the CPI-U as of the close of the 12-month period
24	ending on August 31 of the immediately preceding year. For purposes of the annual calculation,
25	the tax administrator shall be free to substitute an inflation index which is substantially similar to
26	the CPI-U.
27	(3) If a taxpayer uses the lookup table, the taxpayer shall list on the return not only the
28	result from the lookup table, but also the actual amount of each single purchase whose purchase
29	price equals or exceeds $1,000.
30	(4) Instructions for the personal income tax form shall indicate that the use of the lookup
31	table as described in this section is, for the taxpayer, a "safe harbor" alternative to listing the
32	actual amount of the taxpayer's use tax obligation.
33	(c) When completing and filing a Rhode Island personal income tax return, the taxpayer
34	shall check a box attesting to the amount of use tax listed on the return. The tax administrator
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1	shall direct computer software providers to require the taxpayer or the taxpayer's preparer to
2	proactively check the box; software providers shall not program an automatically checked
3	attestation box.
4	(d) The tax administrator shall make clear on personal income tax forms and instructions
5	that use tax is typically due on internet, mail-order, and catalog out-of-state purchases.
6	SECTION 6. Sections 44-20-1 and 44-20-13.2 of the General Laws in Chapter 44-20
7	entitled "Cigarette Tax" are hereby amended to read as follows:
8	44-20-1. Definitions. -- Whenever used in this chapter, unless the context requires
9	otherwise:
10	(1) "Administrator" means the tax administrator;
11	(2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form,
12	and each sheet of cigarette rolling paper;
13	(3) "Dealer" means any person whether located within or outside of this state, who sells
14	or distributes cigarettes to a consumer in this state;
15	(4) "Distributor" means any person:
16	(A) Whether located within or outside of this state, other than a dealer, who sells or
17	distributes cigarettes within or into this state. Such term shall not include any cigarette
18	manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. §
19	5712, if such person sells or distributes cigarettes in this state only to licensed distributors, or to
20	an export warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. §
21	5712;
22	(B) Selling cigarettes directly to consumers in this state by means of at least twenty-five
23	(25) cigarette vending machines;
24	(C) Engaged in this state in the business of manufacturing cigarettes or any person
25	engaged in the business of selling cigarettes to dealers, or to other persons, for the purpose of
26	resale only; provided, that seventy-five percent (75%) of all cigarettes sold by that person in this
27	state are sold to dealers or other persons for resale and selling cigarettes directly to at least forty
28	(40) dealers or other persons for resale; or
29	(D) Maintaining one or more regular places of business in this state for that purpose;
30	provided, that seventy-five percent (75%) of the sold cigarettes are purchased directly from the
31	manufacturer and selling cigarettes directly to at least forty (40) dealers or other persons for
32	resale;
33	(5) "Electronic cigarette", commonly known as "E-Cigarette", means a personal
34	vaporizer, electronic nicotine delivery system or an electronic inhaler, which generally utilizes a
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1	heating element that vaporizes a liquid solution containing nicotine or nicotine derivative.
2	(5)(6) "Importer" means any person who imports into the United States, either directly or
3	indirectly, a finished cigarette for sale or distribution;
4	(6)(7) "Licensed", when used with reference to a manufacturer, importer, distributor or
5	dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for
6	the type of business being engaged in. When the term "licensed" is used before a list of entities,
7	such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be
8	deemed to apply to each entity in such list;
9	(7)(8) "Manufacturer" means any person who manufactures, fabricates, assembles,
10	processes, or labels a finished cigarette;
11	(8)(9) "Person" means any individual, including an employee or agent, firm, fiduciary,
12	partnership, corporation, trust, or association, however formed;
13	(9)(10) "Place of business" means and includes any place where cigarettes are sold or
14	where cigarettes are stored or kept for the purpose of sale or consumption, including any vessel,
15	vehicle, airplane, train, or vending machine;
16	(10)(11) "Sale" or "sell" includes and applies to gifts, exchanges, and barter;
17	(11)(12) "Stamp" means the impression, device, stamp, label, or print manufactured,
18	printed, or made as prescribed by the administrator to be affixed to packages of cigarettes, as
19	evidence of the payment of the tax provided by this chapter or to indicate that the cigarettes are
20	intended for a sale or distribution in this state that is exempt from state tax under the provisions of
21	state law; and also includes impressions made by metering machines authorized to be used under
22	the provisions of this chapter.
23	44-20-13.2. Tax imposed on smokeless tobacco, cigars, and pipe tobacco products. --
24	(a) A tax is imposed on all smokeless tobacco, electronic cigarettes, cigars, and pipe tobacco
25	products sold or held for sale in the state by any person, the payment of the tax to be
26	accomplished according to a mechanism established by the administrator, division of taxation,
27	department of administration. Any tobacco product on which the proper amount of tax provided
28	for in this chapter has been paid, payment being evidenced by a stamp, is not subject to a further
29	tax under this chapter. The tax imposed by this section shall be as follows:
30	(1) At the rate of eighty percent (80%) of the wholesale cost of cigars, pipe tobacco
31	products and smokeless tobacco other than snuff.
32	(2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of
33	cigars, the tax shall not exceed fifty cents ($.50) for each cigar.
34	(3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like
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1	rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net
2	weight as listed by the manufacturer, provided, however, that any product listed by the
3	manufacturer as having a net weight of less than 1.2 ounces shall be taxed as if the product has a
4	net weight of 1.2 ounces.
5	(b) Any dealer having in his or her possession any tobacco, cigars, and pipe tobacco
6	products with respect to the storage or use of which a tax is imposed by this section shall, within
7	five (5) days after coming into possession of the tobacco, cigars, and pipe tobacco in this state,
8	file a return with the tax administrator in a form prescribed by the tax administrator. The return
9	shall be accompanied by a payment of the amount of the tax shown on the form to be due.
10	Records required under this section shall be preserved on the premises described in the relevant
11	license in such a manner as to ensure permanency and accessibility for inspection at reasonable
12	hours by authorized personnel of the administrator.
13	(c) The proceeds collected are paid into the general fund.
14	SECTION 7. Title 44 of the General Laws entitled "Taxation" is hereby amended by
15	adding thereto the following chapter:
16	CHAPTER 69
17	COMPLIANCE OF STATE EMPLOYEES WITH STATE INCOME TAX ACT
18	44-69-1. Short title. -- This chapter shall be known as the "State Employee Tax
19	Compliance Act".
20	44-69-2. Definitions. -- (a) "Appointing Authority" means the person or group of persons
21	having the power by virtue of the constitution, a state statute, or lawfully delegated authority to
22	make appointments.
23	(b) "Employee" or "State Employee" means an appointed officer or employee of a state
24	agency; provided, the term employee or state employee shall not include an elected official or an
25	employee of a local governmental entity.
26	(c) "State Agency" means any office, department, board, commission or institution of the
27	executive, legislative, higher education or judicial branch of state government.
28	44-68-3. Administration. -- (a) The department of administration shall, not later than
29	August 1, 2014, and August 1 of each year thereafter, provide to the tax administrator a list of all
30	state employees as of the preceding July 1 and such identifying information as may be required
31	by the Tax Administrator. Such list and information shall be used by the Tax Administrator
32	exclusively for the purpose of collection of income taxes due to the State of Rhode Island.
33	(b) The Tax Administrator shall, not later than December 1, 2014, and December 1 of
34	each year thereafter, notify any state employee who is not in compliance with the income tax laws
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1	of this state. Such notification shall include:
2	(1) A statement that the employee will be subject to mandatory garnishment of wages by
3	the state controller, unless the taxpayer is deemed by the Tax Administrator to be in compliance
4	with the income tax laws of this state;
5	(2) The reasons that the taxpayer is considered to be out of compliance with the income
6	tax laws of this state, including a statement of the amount of any tax, penalties and interest due, or
7	a list of the tax years for which income tax returns have not been filed, as required by law;
8	(3) An explanation of the rights of the taxpayer and the procedures which must be
9	followed by the taxpayer in order to come into compliance with the income tax laws of this state;
10	and
11	(4) Such other information as may be deemed necessary by the Tax Administrator.
12	(c) A state employee who has entered into and is abiding by a payment agreement, or
13	who has requested relief as an innocent spouse, which request is pending or has been granted,
14	shall be deemed to be in compliance with the state income tax laws for purposes of this section.
15	(d) If the Tax Administrator notifies a state employee who is not in compliance with the
16	income tax laws of this state as required in this section and such state employee does not respond
17	to such notification or fails to come into compliance with the income tax laws of this state after an
18	assessment has been made final or after the Tax Administrator determines that every reasonable
19	effort has been made to assist the state employee to come into compliance with the income tax
20	laws of this state, the Tax Administrator shall so notify the state controller, who shall commence
21	mandatory garnishment of the state employee's wages and shall notify the state employee of the
22	reason for such action. If a state employee, who has been previously reported by the Tax
23	Administrator to a state agency as being out of compliance, comes into compliance, the Tax
24	Administrator shall immediately notify the state controller. Neither a state agency nor an
25	appointing authority shall be held liable for any action with respect to a state employee pursuant
26	to the provisions of this section.
27	SECTION 8. Chapter 44-19 entitled "Sales and Use Taxes – Enforcement and
28	Collection" is hereby amended by adding thereto the following section:
29	44-19-42. Sales Suppression Devices -- Definitions and Applicability. -- (a) As used in
30	this section:
31	(1) "Automated sales suppression device," also known as a "zapper," means a software
32	program, carried on a memory stick or removable compact disc, accessed through an Internet
33	link, or accessed through any other means, that falsifies transaction data, transaction reports, or
34	any other electronic records of electronic cash registers and other point-of-sale systems.
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1	(2) "Electronic cash register" means a device that keeps a register or supporting
2	documents through the means of an electronic device or computer system designed to record
3	transaction data for the purpose of computing, compiling, or processing retail sales transaction
4	data in any manner.
5	(3) "Phantom-ware" means a hidden programming option, whether preinstalled or
6	installed at a later time, embedded in the operating system of an electronic cash register or
7	hardwired into the electronic cash register that:
8	(A) Can be used to create a virtual second till; or
9	(B) May eliminate or manipulate transaction records.
10	(4) "Transaction data" includes items purchased by a customer, the price for each item, a
11	taxability determination for each item, a segregated tax amount for each of the taxed items, the
12	amount of cash or credit tendered, the net amount returned to the customer in change, the date
13	and time of the purchase, the name, address, and identification number of the vendor, and the
14	receipt or invoice number of the transaction.
15	(5) "Transaction reports" means a report documenting, but not limited to, the sales, taxes
16	collected, media totals, and discount voids at an electronic cash register that is printed on cash
17	register tape at the end of a day or shift, or a report documenting every action at an electronic
18	cash register that is stored electronically.
19	(b) A person shall not knowingly sell, purchase, install, transfer or possess an automated
20	sales suppression device or phantom-ware.
21	(c) Any person who violates subdivision (b) of this section shall be guilty of a felony and,
22	upon conviction, shall be subject to a fine not exceeding fifty-thousand dollars ($50,000) or
23	imprisonment not exceeding five (5) years, or both.
24	(d) In addition, a person who violates subdivision (b) of this section shall be liable to the
25	State for:
26	(1) All taxes, interest, and penalties due as the result of the person's use of an automated
27	sales suppression device or phantom-ware; and
28	(2) All profits associated with the person's sale of an automated sales suppression device
29	or phantom-ware.
30	(e) An automated sales suppression device or phantom-ware and any device containing
31	such device or software shall be deemed contraband and shall be subject to seizure by the tax
32	administrator or by a law enforcement officer when directed to do so by the tax administrator.
33	(f) Safe Harbor. A person shall not be subject to prosecution under Rhode Island General
34	Laws § 44-19-42, if by October 1, 2014 the person:
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1	(1) Notifies the division of taxation of the person's possession of an automated sales
2	suppression device;
3	(2) Provides any information requested by the division of taxation, including transaction
4	records, software specifications, encryption keys, passwords, and other data; and
5	(3) Corrects any underreported sales tax records and fully pays the division of taxation
6	any amounts previously owed.
7	(g) This section shall not be construed to limit the person's civil or criminal liability under
8	any other provision of law.
9	SECTION 9. This article shall take effect as of July 1, 2014.
10	ARTICLE 13
11	RELATING TO STATE LOTTERY
12	SECTION 1. Section 42-61-15 of the General Laws in Chapter 42-61 entitled "State
13	Lottery" is hereby amended to read as follows:
14	42-61-15. State lottery fund. -- (a) There is created the state lottery fund, into which
15	shall be deposited all revenues received by the division from the sales of lottery tickets and
16	license fees. The fund shall be in the custody of the general treasurer, subject to the direction of
17	division for the use of the division, and money shall be disbursed from it on the order of the
18	controller of the state, pursuant to vouchers or invoices signed by the director and certified by the
19	director of administration. The moneys in the state lottery fund shall be allotted in the following
20	order, and only for the following purposes:
21	(1) Establishing a prize fund from which payments of the prize awards shall be disbursed
22	to holders of winning lottery tickets on checks signed by the director and countersigned by the
23	controller of the state or his or her designee.
24	(i) The amount of payments of prize awards to holders of winning lottery tickets shall be
25	determined by the division, but shall not be less than forty-five percent (45%) nor more than
26	sixty-five percent (65%) of the total revenue accruing from the sale of lottery tickets.
27	(ii) However, for For the lottery game commonly known as "Keno", the amount of prize
28	awards to holders of winning Keno tickets shall be determined by the division, but shall not be
29	less than forty-five percent (45%) nor more than seventy-two percent (72%) of the total revenue
30	accruing from the sale of Keno tickets.
31	(2) Payment of expenses incurred by the division in the operation of the state lotteries
32	including, but not limited to, costs arising from contracts entered into by the director for
33	promotional, consulting, or operational services, salaries of professional, technical, and clerical
34	assistants, and purchases or lease of facilities, lottery equipment, and materials; provided
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1	however, solely for the purpose of determining revenues remaining and available for transfer to
2	the state's general fund, beginning in fiscal year 2015, expenses incurred by the division in the
3	operation of state lotteries shall reflect the actuarially determined employer contribution to the
4	Employees' Retirement System consistent with the state's adopted funding policy. For financial
5	reporting purposed, the state lottery fund financial statements shall be prepared in a accordance
6	with generally accepted accounting principles as promulgated by the Governmental Accounting
7	Standards Board; and
8	(3) Repayment into the general revenue fund of the amount appropriated for the
9	implementation of the state lottery; and
10	(4)(3) Payment into the general revenue fund of all revenues remaining in the state lottery
11	fund after the payments specified in subdivisions (a)(1) – (a)(3) (a)(2) of this section; provided,
12	that the amount to be transferred into the general revenue fund shall equal no less than twenty-
13	five percent (25%) of the total revenue received and accrued from the sale of lottery tickets plus
14	any other income earned from the lottery; provided further, that the revenue returned to the
15	general fund from the game commonly known as Keno, shall not be calculated as part of the
16	twenty-five percent (25%) mandate required by this section, but the amount transferred into the
17	general revenue fund shall equal no less than fifteen percent (15%) of the total Keno revenue
18	received.
19	(b) The auditor general shall conduct an annual post audit of the financial records and
20	operations of the lottery for the preceding year in accordance with generally accepted auditing
21	standards and government auditing standards. In connection with the audit, the auditor general
22	may examine all records, files, and other documents of the division, and any records of lottery
23	sales agents that pertain to their activities as agents, for purposes of conducting the audit. The
24	auditor general, in addition to the annual post audit, may require or conduct any other audits or
25	studies he or she deems appropriate, the costs of which shall be borne by the division.
26	(c) Payments into the state's general fund specified in subsection (a)(4) (3) of this section
27	shall be made on an estimated quarterly basis. Payment shall be made on the tenth business day
28	following the close of the quarter except for the fourth quarter when payment shall be on the last
29	business day.
30	SECTION 2. Section 42-61.2-7 of the General Laws in Chapter 42-61.7 entitled "Video
31	Lottery Terminal" is hereby amended to read as follows:
32	42-61.2-7. Division of revenue. -- (a) Notwithstanding the provisions of § 42-61-15, the
33	allocation of net terminal income derived from video lottery games is as follows:
34	(1) For deposit in the general fund and to the state lottery division fund for administrative
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1	purposes: Net terminal income not otherwise disbursed in accordance with subdivisions (a)(2) –
2	(a)(6) herein;
3	(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one
4	percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally
5	allocated to the distressed communities as defined in § 45-13-12 provided that no eligible
6	community shall receive more than twenty-five percent (25%) of that community's currently
7	enacted municipal budget as its share under this specific subsection. Distributions made under
8	this specific subsection are supplemental to all other distributions made under any portion of
9	general laws § 45-13-12. For the fiscal year ending June 30, 2008 distributions by community
10	shall be identical to the distributions made in the fiscal year ending June 30, 2007 and shall be
11	made from general appropriations. For the fiscal year ending June 30, 2009, the total state
12	distribution shall be the same total amount distributed in the fiscal year ending June 30, 2008 and
13	shall be made from general appropriations. For the fiscal year ending June 30, 2010, the total
14	state distribution shall be the same total amount distributed in the fiscal year ending June 30,
15	2009 and shall be made from general appropriations, provided however that $784,458 of the total
16	appropriation shall be distributed equally to each qualifying distressed community. For each of
17	the fiscal years ending June 30, 2011, June 30, 2012, and June 30, 2013 seven hundred eighty-
18	four thousand four hundred fifty-eight dollars ($784,458) of the total appropriation shall be
19	distributed equally to each qualifying distressed community.
20	(ii) Five one hundredths of one percent (0.05%) up to a maximum of five million dollars
21	($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of § 44-33-
22	2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum
23	amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit
24	of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be
25	less than the prior fiscal year.
26	(iii) One and twenty-two one hundredths of one percent (1.22%) to fund § 44-34.1-1,
27	entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum
28	amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event
29	shall the exemption in any fiscal year be less than the prior fiscal year.
30	(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent
31	(0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to
32	communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of
33	general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008
34	distributions by community shall be identical to the distributions made in the fiscal year ending
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1	June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30,
2	2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010 and thereafter,
3	funding shall be determined by appropriation.
4	(2) To the licensed video lottery retailer:
5	(a) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-six
6	percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars
7	($384,996);
8	(ii) On and after the effective date of the NGJA Master Contract, to the licensed video
9	lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said
10	Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars
11	($384,996).
12	(iii) Effective July 1, 2013 the rate of net terminal income payable to Newport Grand,
13	LLC under the Newport Grand Master Contract shall increase by two and one quarter percent
14	(2.25%) points. The increase herein shall sunset and expire on June 30, 2015 and the rate in effect
15	as of June 30, 2013 shall be reinstated.
16	(b) Prior to the effective date of the UTGR Master Contract, to the present licensed video
17	lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-eight
18	and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven thousand six
19	hundred eighty-seven dollars ($767,687);
20	(ii) On and after the effective date of the UTGR Master Contract, to the licensed video
21	lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said
22	Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars
23	($767,687).
24	(3) To the technology providers who are not a party to the GTECH Master Contract as set
25	forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net terminal
26	income of the provider's terminals; in addition thereto, technology providers who provide
27	premium or licensed proprietary content or those games that have unique characteristics such as
28	3D graphics, unique math/game play features or merchandising elements to video lottery
29	terminals may receive incremental compensation, either in the form of a daily fee or as an
30	increased percentage, if all of the following criteria are met:
31	(A) A licensed video lottery retailer has requested the placement of premium or licensed
32	proprietary content at its licensed video lottery facility;
33	(B) The division of lottery has determined in its sole discretion that the request is likely to
34	increase net terminal income or is otherwise important to preserve or enhance the competiveness
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1	of the licensed video lottery retailer;
2	(C) After approval of the request by the division of lottery, the total number of premium
3	or licensed propriety content video lottery terminals does not exceed ten percent (10%) of the
4	total number of video lottery terminals authorized at the respective licensed video lottery retailer;
5	and
6	(D) All incremental costs are shared between the division and the respective licensed
7	video lottery retailer based upon their proportionate allocation of net terminal income. The
8	division of lottery is hereby authorized to amend agreements with the licensed video lottery
9	retailers, or the technology providers, as applicable, to effect the intent herein.
10	(ii) To contractors who are a party to the Master Contract as set forth and referenced in
11	Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;
12	(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted
13	proportionately from the payments to technology providers the sum of six hundred twenty-eight
14	thousand seven hundred thirty-seven dollars ($628,737);
15	(4) To the city of Newport one and one hundredth percent (1.01%) of net terminal income
16	of authorized machines at Newport Grand, except that:
17	(i) Effective November 9, 2009 until June 30, 2013, the allocation shall be one and two
18	tenths percent (1.2%) of net terminal income of authorized machines at Newport Grand for each
19	week the facility operates video lottery games on a twenty-four (24) hour basis for all eligible
20	hours authorized, and
21	(ii) Effective July 1, 2013, provided that the referendum measure authorized by Section 1
22	of Chapters 24 and 25 of the Public Laws of 2012 is approved statewide and in the City of
23	Newport, the allocation shall be one and forty-five hundredths percent (1.45%) of net terminal
24	income of authorized video lottery terminals at Newport Grand; and
25	(B) To the town of Lincoln one and twenty-six hundredths percent (1.26%) of net
26	terminal income of authorized machines at Twin River except that,
27	(i) Effective November 9, 2009 until June 30, 2013, the allocation shall be one and forty-
28	five hundredths percent (1.45%) of net terminal income of authorized machines at Twin River for
29	each week video lottery games are offered on a twenty-four (24) hour basis for all eligible hours
30	authorized, and
31	(ii) Effective July 1, 2013, provided that the referendum measure authorized by Article
32	25, Chapter 151, Section 4 of the Public Laws of 2011 is approved statewide and in the Town of
33	Lincoln, the allocation shall be one and forty-five hundredths percent (1.45%) of net terminal
34	income of authorized video lottery terminals at Twin River; and
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1	(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net
2	terminal income of authorized machines at Lincoln Park up to a maximum of ten million dollars
3	($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a
4	Tribal Development Fund to be used for the purpose of encouraging and promoting: home
5	ownership and improvement, elderly housing, adult vocational training; health and social
6	services; childcare; natural resource protection; and economic development consistent with state
7	law. Provided, however, such distribution shall terminate upon the opening of any gaming facility
8	in which the Narragansett Indians are entitled to any payments or other incentives; and provided
9	further, any monies distributed hereunder shall not be used for, or spent on previously contracted
10	debts; and
11	(6) Unclaimed prizes and credits shall remit to the general fund of the state; and
12	(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)(6) shall
13	be made on an estimated monthly basis. Payment shall be made on the tenth day following the
14	close of the month except for the last month when payment shall be on the last business day.
15	(b) Notwithstanding the above, the amounts payable by the Division to UTGR related to
16	the Marketing Program shall be paid on a frequency agreed by the Division, but no less
17	frequently than annually.
18	(c) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the
19	Director is authorized to fund the Marketing Program as described above in regard to the First
20	Amendment to the UTGR Master Contract.
21	(d) Notwithstanding the above, the amounts payable by the Division to Newport Grand
22	related to the Marketing Program shall be paid on a frequency agreed by the Division, but no less
23	frequently than annually.
24	(e) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the
25	Director is authorized to fund the Marketing Program as described above in regard to the First
26	Amendment to the Newport Grand Master Contract.
27	(f) Notwithstanding the provisions of § 42-61-15, the allocation of Net Table Game
28	Revenue derived from Table Games at Twin River is as follows:
29	(1) For deposit into the state lottery fund for administrative purposes and then the balance
30	remaining into the general fund:
31	(i) Sixteen percent (16%) Eighteen percent (18%) of Net Table Game Revenue, except as
32	provided in subsection (f)(1)(ii):
33	(ii) An additional two percent (2%) of Net Table Game Revenue generated at Twin River
34	shall be allocated starting from the commencement of Table Game activities by such Table Game
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1	Retailer, and ending, with respect to such Table Game Retailer, on the first date that such Table
2	Game Retailer's net terminal income for a full State fiscal year is less than such Table Game
3	Retailer's net terminal income for the prior State fiscal year, at which point this additional
4	allocation to the State shall no longer apply to such Table Game Retailer.
5	(ii) After casino gaming has commenced in the Commonwealth of Massachusetts, for the
6	first consecutive twelve (12) month period thereafter that the Table Game Retailer's net terminal
7	income is less than its net terminal income for the same twelve (12) month period in the prior
8	year, then for one (1) period of four (4) consecutive State fiscal years immediately thereafter, the
9	State's share of Net Table Game Revenue shall be decreased from eighteen percent (18%) to
10	sixteen percent (16%) with an additional one percent (1%) of Net Table Game Revenue generated
11	by the Table Game Retailer allocated to said Table Game Retailer and one percent (1%) of Net
12	Table Game Revenue generated by the Table Game Retailer allocated to the town of Lincoln.
13	(2) To UTGR, Net Table Game Revenue not otherwise disbursed pursuant to above
14	subsection (f)(1).; provided, however, on the first date that such Table Game Retailer's net
15	terminal income for a full State fiscal year is less than such Table Game Retailer's net terminal
16	income for the prior State fiscal year, as set forth in subsection (f)(1)(ii) above, one percent (1%)
17	of this Net Table Game Revenue shall be allocated to the town of Lincoln for four (4) consecutive
18	State fiscal years.
19	(g) Notwithstanding the provisions of § 42-61-15, the allocation of Net Table Game
20	Revenue derived from Table Games at Newport Grand is as follows:
21	(1) For deposit into the state lottery fund for administrative purposes and then the balance
22	remaining into the general fund: eighteen percent (18%) of Net Table Game Revenue.
23	(2) To Newport Grand LLC, Net Table Game Revenue not otherwise disbursed pursuant
24	to above subsection (g)(1) provided, however, on the first date that such Table Game Retailer's
25	net terminal income for a full State fiscal year is less than such Table Game Retailer's net
26	terminal income for the prior State fiscal year, one percent (1%) of this Net Table Game Revenue
27	shall be allocated to the city of Newport for four (4) consecutive State fiscal years.
28	SECTION 3. This article will take effect July 1, 2014.
29	ARTICLE 14
30	RELATING TO MARKETPLACE FAIRNESS ACT
31	SECTION 1. Section 44-11-2 of the General Laws in Chapter 44-11 entitled "Business
32	Corporation Tax" is hereby amended to read as follows:
33	44-11-2. Imposition of tax. -- (a) Each corporation shall annually pay to the state a tax
34	equal to nine percent (9.0%) of net income, as defined in § 44-11-11, qualified in § 44-11-12, and
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1	apportioned to this state as provided in §§ 44-11-13 – 44-11-15, for the taxable year. In
2	recognition of the work being performed by the Streamlined Sales and Use Tax Governing Board,
3	upon passage of any federal law which authorizes states to require remote sellers defined in
4	section 44-18-15.2, to collect and remit sales and use taxes under chapters 18 and 19 of this title,
5	the rate imposed under section 44-11-2 shall be reduced from nine percent (9.0%) to six percent
6	(6.0%). The six percent (6.0%) rate shall take effect for tax years beginning on or after the date
7	the state requires remote sellers to collect and remit sales and use tax.
8	(b) A corporation shall pay the amount of any tax as computed in accordance with
9	subsection (a) of this section after deducting from "net income," as used in this section, fifty
10	percent (50%) of the excess of capital gains over capital losses realized during the taxable year, if
11	for the taxable year:
12	(1) The corporation is engaged in buying, selling, dealing in, or holding securities on its
13	own behalf and not as a broker, underwriter, or distributor;
14	(2) Its gross receipts derived from these activities during the taxable year amounted to at
15	least ninety percent (90%) of its total gross receipts derived from all of its activities during the
16	year. "Gross receipts" means all receipts, whether in the form of money, credits, or other valuable
17	consideration, received during the taxable year in connection with the conduct of the taxpayer's
18	activities.
19	(c) A corporation shall not pay the amount of the tax computed on the basis of its net
20	income under subsection (a) of this section, but shall annually pay to the state a tax equal to ten
21	cents ($.10) for each one hundred dollars ($100) of gross income for the taxable year or a tax of
22	one hundred dollars ($100), whichever tax shall be the greater, if for the taxable year the
23	corporation is either a "personal holding company" registered under the federal Investment
24	Company Act of 1940, 15 U.S.C. § 80a-1 et seq., "regulated investment company", or a "real
25	estate investment trust" as defined in the federal income tax law applicable to the taxable year.
26	"Gross income" means gross income as defined in the federal income tax law applicable to the
27	taxable year, plus:
28	(1) Any interest not included in the federal gross income; minus
29	(2) Interest on obligations of the United States or its possessions, and other interest
30	exempt from taxation by this state; and minus
31	(3) Fifty percent (50%) of the excess of capital gains over capital losses realized during
32	the taxable year.
33	(d) A small business corporation having an election in effect under subchapter S, 26
34	U.S.C. § 1361 et seq., shall not be subject to the Rhode Island income tax on corporations, except
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1	that the corporation shall be subject to the provisions of subsection (a), to the extent of the income
2	that is subjected to federal tax under subchapter S.
3	(2) The shareholders of the corporation who are residents of Rhode Island shall include in
4	their income their proportionate share of the corporation's federal taxable income.
5	(3) [Deleted by P.L. 2004, ch. 595. art. 29, § 1.]
6	(4) [Deleted by P.L. 2004, ch. 595, art. 29, § 1.]
7	(e) Minimum tax. The tax imposed upon any corporation under this section shall not be
8	less than five hundred dollars ($500).
9	SECTION 2. Sections 44-18-18, 44-18-18.1, 44-18-20 and 44-18-30 of the General Laws
10	in Chapter 44-18 entitled "Sales and Use Tax – Liability and Computation" are hereby amended
11	to read as follows:
12	44-18-18. Sales tax imposed. -- A tax is imposed upon sales at retail in this state
13	including charges for rentals of living quarters in hotels as defined in § 42-63.1-2, rooming
14	houses, or tourist camps, at the rate of six percent (6%) of the gross receipts of the retailer from
15	the sales or rental charges; provided, that the tax imposed on charges for the rentals applies only
16	to the first period of not exceeding thirty (30) consecutive calendar days of each rental; provided,
17	further, that for the period commencing July 1, 1990, the tax rate is seven percent (7%). The tax is
18	paid to the tax administrator by the retailer at the time and in the manner provided. Excluded from
19	this tax are those living quarters in hotels, rooming houses, or tourist camps for which the
20	occupant has a written lease for the living quarters which lease covers a rental period of twelve
21	(12) months or more. In recognition of the work being performed by the Streamlined Sales and
22	Use Tax Governing Board, upon passage any federal law which authorizes states to require
23	remote sellers to collect and remit sales and use taxes, the rate imposed under § 44-18-18 shall be
24	reduced from seven percent (7%) to six and one-half percent (6.5%). The six and one-half percent
25	(6.5%) rate shall take effect on the date that the state requires remote sellers to collect and remit
26	sale and use taxes.
27	44-18-18.1. Local meals and beverage tax. -- (a) There is hereby levied and imposed,
28	upon every purchaser of a meal and/or beverage, in addition to all other taxes and fees now
29	imposed by law, a local meals and beverage tax upon each and every meal and/or beverage sold
30	within the state of Rhode Island in or from an eating and/or drinking establishment, whether
31	prepared in the eating and/or drinking establishment or not and whether consumed at the premises
32	or not, at a rate of one percent of the gross receipts. The tax shall be paid to the tax administrator
33	by the retailer at the time and in the manner provided.
34	(b) All sums received by the division of taxation under this section as taxes, penalties or
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1	forfeitures, interest, costs of suit and fines shall be distributed at least quarterly, credited and paid
2	by the state treasurer to the city or town where the meals and beverages are delivered.
3	(c) When used in this section, the following words have the following meanings:
4	(1) "Beverage" means all nonalcoholic beverages, as well as alcoholic beverages, beer,
5	lager beer, ale, porter, wine, similar fermented malt or vinous liquor.
6	(2) "Eating and/or drinking establishments" mean and include restaurants, bars, taverns,
7	lounges, cafeterias, lunch counters, drive-ins, roadside ice cream and refreshment stands, fish and
8	chip places, fried chicken places, pizzerias, food and drink concessions, or similar facilities in
9	amusement parks, bowling alleys, clubs, caterers, drive-in theatres, industrial plants, race tracks,
10	shore resorts or other locations, lunch carts, mobile canteens and other similar vehicles, and other
11	like places of business which furnish or provide facilities for immediate consumption of food at
12	tables, chairs or counters or from trays, plates, cups or other tableware or in parking facilities
13	provided primarily for the use of patrons in consuming products purchased at the location.
14	Ordinarily, eating establishments do not mean and include food stores and supermarkets. Eating
15	establishments do not mean "vending machines," a self-contained automatic device that dispenses
16	for sale foods, beverages, or confection products. Retailers selling prepared foods in bulk either in
17	customer-furnished containers or in the seller's containers, for example "Soup and Sauce"
18	establishments, are deemed to be selling prepared foods ordinarily for immediate consumption
19	and, as such, are considered eating establishments.
20	(3) "Meal" means any prepared food or beverage offered or held out for sale by an eating
21	and/or drinking establishment for the purpose of being consumed by any person to satisfy the
22	appetite and which is ready for immediate consumption. All such food and beverage, unless
23	otherwise specifically exempted or excluded herein shall be included, whether intended to be
24	consumed on the seller's premises or elsewhere, whether designated as breakfast, lunch, snack,
25	dinner, supper or by some other name, and without regard to the manner, time or place of service.
26	(d) This local meals and beverage tax shall be administered and collected by the division
27	of taxation and unless provided to the contrary in this chapter, all of the administration,
28	collection, and other provisions of chapters 18 and 19 of this article apply.
29	In recognition of the work being performed by the Streamlined Sales and Use Tax
30	Governing Board, upon passage of any federal law which authorizes states to require remote
31	sellers to collect and remit sales and use taxes, the rate imposed under § 44-18-18.1 shall be
32	increased from one percent (1%) to one and one-half percent (1.5%). The one and one-half
33	percent (1.5%) rate shall take effect on the date that the state requires remote sellers to collect and
34	remit sales and use taxes.
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1	44-18-20. Use tax imposed. -- (a) An excise tax is imposed on the storage, use, or other
2	consumption in this state of tangible personal property, prewritten computer software delivered
3	electronically or by load and leave or services as defined in § 44-18-7.3; including a motor
4	vehicle, a boat, an airplane, or a trailer, purchased from any retailer at the rate of six percent (6%)
5	of the sale price of the property.
6	(b) An excise tax is imposed on the storage, use, or other consumption in this state of a
7	motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle
8	dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent
9	(6%) of the sale price of the motor vehicle, boat, airplane, or trailer.
10	(c) The word "trailer" as used in this section and in § 44-18-21 means and includes those
11	defined in § 31-1-5(a) – (e) and also includes boat trailers, camping trailers, house trailers, and
12	mobile homes.
13	(d) Notwithstanding the provisions contained in this section and in § 44-18-21 relating to
14	the imposition of a use tax and liability for this tax on certain casual sales, no tax is payable in
15	any casual sale:
16	(1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child
17	of the transferor or seller;
18	(2) When the transfer or sale is made in connection with the organization, reorganization,
19	dissolution, or partial liquidation of a business entity; provided:
20	(i) The last taxable sale, transfer, or use of the article being transferred or sold was
21	subjected to a tax imposed by this chapter;
22	(ii) The transferee is the business entity referred to or is a stockholder, owner, member, or
23	partner; and
24	(iii) Any gain or loss to the transferor is not recognized for income tax purposes under the
25	provisions of the federal income tax law and treasury regulations and rulings issued thereunder;
26	(3) When the sale or transfer is of a trailer, other than a camping trailer, of the type
27	ordinarily used for residential purposes and commonly known as a house trailer or as a mobile
28	home; or
29	(4) When the transferee or purchaser is exempt under the provisions of § 44-18-30 or
30	other general law of this state or special act of the general assembly of this state.
31	(e) The term "casual" means a sale made by a person other than a retailer; provided, that
32	in the case of a sale of a motor vehicle, the term means a sale made by a person other than a
33	licensed motor vehicle dealer or an auctioneer at an auction sale. In no case is the tax imposed
34	under the provisions of subsections (a) and (b) of this section on the storage, use, or other
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1	consumption in this state of a used motor vehicle less than the product obtained by multiplying
2	the amount of the retail dollar value at the time of purchase of the motor vehicle by the applicable
3	tax rate; provided, that where the amount of the sale price exceeds the amount of the retail dollar
4	value, the tax is based on the sale price. The tax administrator shall use as his or her guide the
5	retail dollar value as shown in the current issue of any nationally recognized used vehicle guide
6	for appraisal purposes in this state. On request within thirty (30) days by the taxpayer after
7	payment of the tax, if the tax administrator determines that the retail dollar value as stated in this
8	subsection is inequitable or unreasonable, he or she shall, after affording the taxpayer reasonable
9	opportunity to be heard, re-determine the tax.
10	(f) Every person making more than five (5) retail sales of tangible personal property or
11	prewritten computer software delivered electronically or by load and leave, or services as defined
12	in § 44-18-7.3 during any twelve (12) month period, including sales made in the capacity of
13	assignee for the benefit of creditors or receiver or trustee in bankruptcy, is considered a retailer
14	within the provisions of this chapter.
15	(g) "Casual sale" includes a sale of tangible personal property not held or used by a seller
16	in the course of activities for which the seller is required to hold a seller's permit or permits or
17	would be required to hold a seller's permit or permits if the activities were conducted in this state;
18	provided, that the sale is not one of a series of sales sufficient in number, scope, and character
19	(more than five (5) in any twelve (12) month period) to constitute an activity for which the seller
20	is required to hold a seller's permit or would be required to hold a seller's permit if the activity
21	were conducted in this state.
22	(2) Casual sales also include sales made at bazaars, fairs, picnics, or similar events by
23	nonprofit organizations, which are organized for charitable, educational, civic, religious, social,
24	recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6)
25	days duration each calendar year. Each event requires the issuance of a permit by the division of
26	taxation. Where sales are made at events by a vendor, which holds a sales tax permit and is not a
27	nonprofit organization, the sales are in the regular course of business and are not exempt as casual
28	sales.
29	(h) The use tax imposed under this section for the period commencing July 1, 1990 is at
30	the rate of seven percent (7%). In recognition of the work being performed by the Streamlined
31	Sales and Use Tax Governing Board, upon passage of any federal law which authorizes states to
32	require remote sellers to collect and remit sales and use taxes, effective the first (1st) day of the
33	first (1st) state fiscal quarter following the change, the rate imposed under § 44-18-18 shall be
34	reduced from seven percent (7.0%) to six and one-half percent (6.5%). The six and one- half
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1	percent (6.5%) rate shall take effect on the date that the state requires remote sellers to collect and
2	remit sales and use taxes.
3	44-18-30. Gross receipts exempt from sales and use taxes. -- There are exempted from
4	the taxes imposed by this chapter the following gross receipts:
5	(1) Sales and uses beyond constitutional power of state. From the sale and from the
6	storage, use, or other consumption in this state of tangible personal property the gross receipts
7	from the sale of which, or the storage, use, or other consumption of which, this state is prohibited
8	from taxing under the Constitution of the United States or under the constitution of this state.
9	(2) Newspapers.
10	(i) From the sale and from the storage, use, or other consumption in this state of any
11	newspaper.
12	(ii) "Newspaper" means an unbound publication printed on newsprint, which contains
13	news, editorial comment, opinions, features, advertising matter, and other matters of public
14	interest.
15	(iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or
16	similar item unless the item is printed for and distributed as a part of a newspaper.
17	(3) School meals. From the sale and from the storage, use, or other consumption in this
18	state of meals served by public, private, or parochial schools, school districts, colleges,
19	universities, student organizations, and parent teacher associations to the students or teachers of a
20	school, college, or university whether the meals are served by the educational institutions or by a
21	food service or management entity under contract to the educational institutions.
22	(4) Containers.
23	(i) From the sale and from the storage, use, or other consumption in this state of:
24	(A) Non-returnable containers, including boxes, paper bags, and wrapping materials
25	which are biodegradable and all bags and wrapping materials utilized in the medical and healing
26	arts, when sold without the contents to persons who place the contents in the container and sell
27	the contents with the container.
28	(B) Containers when sold with the contents if the sale price of the contents is not required
29	to be included in the measure of the taxes imposed by this chapter.
30	(C) Returnable containers when sold with the contents in connection with a retail sale of
31	the contents or when resold for refilling.
32	(ii) As used in this subdivision, the term "returnable containers" means containers of a
33	kind customarily returned by the buyer of the contents for reuse. All other containers are "non-
34	returnable containers."
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1	(5) Charitable, educational, and religious organizations. From the sale to as in defined in
2	this section, and from the storage, use, and other consumption in this state or any other state of
3	the United States of America of tangible personal property by hospitals not operated for a profit,
4	"educational institutions" as defined in subdivision (18) not operated for a profit, churches,
5	orphanages, and other institutions or organizations operated exclusively for religious or charitable
6	purposes, interest free loan associations not operated for profit, nonprofit organized sporting
7	leagues and associations and bands for boys and girls under the age of nineteen (19) years, the
8	following vocational student organizations that are state chapters of national vocational students
9	organizations: Distributive Education Clubs of America, (DECA); Future Business Leaders of
10	America, phi beta lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers
11	of America/Home Economics Related Occupations (FHA/HERD); and Vocational Industrial
12	Clubs of America (VICA), organized nonprofit golden age and senior citizens clubs for men and
13	women, and parent teacher associations.
14	(ii) In the case of contracts entered into with the federal government, its agencies or
15	instrumentalities, this state or any other state of the United States of America, its agencies, any
16	city, town, district, or other political subdivision of the states, hospitals not operated for profit,
17	educational institutions not operated for profit, churches, orphanages, and other institutions or
18	organizations operated exclusively for religious or charitable purposes, the contractor may
19	purchase such materials and supplies (materials and/or supplies are defined as those which are
20	essential to the project) that are to be utilized in the construction of the projects being performed
21	under the contracts without payment of the tax.
22	(iii) The contractor shall not charge any sales or use tax to any exempt agency,
23	institution, or organization but shall in that instance provide his or her suppliers with certificates
24	in the form as determined by the division of taxation showing the reason for exemption; and the
25	contractor's records must substantiate the claim for exemption by showing the disposition of all
26	property so purchased. If any property is then used for a nonexempt purpose, the contractor must
27	pay the tax on the property used.
28	(6) Gasoline. From the sale and from the storage, use, or other consumption in this state
29	of: (i) gasoline and other products taxed under chapter 36 of title 31, and (ii) fuels used for the
30	propulsion of airplanes.
31	(7) Purchase for manufacturing purposes.
32	(i) From the sale and from the storage, use, or other consumption in this state of computer
33	software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration,
34	and water, when the property or service is purchased for the purpose of being manufactured into a
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1	finished product for resale, and becomes an ingredient, component, or integral part of the
2	manufactured, compounded, processed, assembled, or prepared product, or if the property or
3	service is consumed in the process of manufacturing for resale computer software, tangible
4	personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water.
5	(ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the
6	property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.
7	(iii) "Consumed" includes mere obsolescence.
8	(iv) "Manufacturing" means and includes manufacturing, compounding, processing,
9	assembling, preparing, or producing.
10	(v) "Process of manufacturing" means and includes all production operations performed
11	in the producing or processing room, shop, or plant, insofar as the operations are a part of and
12	connected with the manufacturing for resale of tangible personal property, electricity, natural gas,
13	artificial gas, steam, refrigeration, or water and all production operations performed insofar as the
14	operations are a part of and connected with the manufacturing for resale of computer software.
15	(vi) "Process of manufacturing" does not mean or include administration operations such
16	as general office operations, accounting, collection, sales promotion, nor does it mean or include
17	distribution operations which occur subsequent to production operations, such as handling,
18	storing, selling, and transporting the manufactured products, even though the administration and
19	distribution operations are performed by or in connection with a manufacturing business.
20	(8) State and political subdivisions. From the sale to, and from the storage, use, or other
21	consumption by, this state, any city, town, district, or other political subdivision of this state.
22	Every redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a
23	subdivision of the municipality where it is located.
24	(9) Food and food ingredients. From the sale and storage, use, or other consumption in
25	this state of food and food ingredients as defined in § 44-18-7.1(l).
26	For the purposes of this exemption "food and food ingredients" shall not include candy,
27	soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending
28	machines or prepared food (as those terms are defined in § 44-18-7.1, unless the prepared food is:
29	(i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,
30	except sub-sector 3118 (bakeries);
31	(ii) Sold in an unheated state by weight or volume as a single item;
32	(iii) Bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries,
33	donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and is not sold with
34	utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or
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1	straws.
2	(10) Medicines, drugs and durable medical equipment. From the sale and from the
3	storage, use, or other consumption in this state, of;
4	(i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and
5	insulin whether or not sold on prescription. For purposes of this exemption drugs shall not
6	include over-the-counter drugs and grooming and hygiene products as defined in § 44-18-
7	7.1(h)(iii).
8	(ii) Durable medical equipment as defined in section 44-18-7.1(k) for home use only,
9	including, but not limited to, syringe infusers, ambulatory drug delivery pumps, hospital beds,
10	convalescent chairs, and chair lifts. Supplies used in connection with syringe infusers and
11	ambulatory drug delivery pumps which are sold on prescription to individuals to be used by them
12	to dispense or administer prescription drugs, and related ancillary dressings and supplies used to
13	dispense or administer prescription drugs shall also be exempt from tax.
14	(11) Prosthetic devices and mobility enhancing equipment. From the sale and from the
15	storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t),
16	sold on prescription, including but not limited to, artificial limbs, dentures, spectacles and
17	eyeglasses, and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on
18	prescription and mobility enhancing equipment as defined in § 44-18-7.1(p) including
19	wheelchairs, crutches and canes.
20	(12) Coffins, caskets, and burial garments. From the sale and from the storage, use, or
21	other consumption in this state of coffins or caskets, and shrouds or other burial garments which
22	are ordinarily sold by a funeral director as part of the business of funeral directing.
23	(13) Motor vehicles sold to nonresidents.
24	(i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide
25	nonresident of this state who does not register the motor vehicle in this state, whether the sale or
26	delivery of the motor vehicle is made in this state or at the place of residence of the nonresident.
27	A motor vehicle sold to a bona fide nonresident whose state of residence does not allow a like
28	exemption to its nonresidents is not exempt from the tax imposed under § 44-18-20. In that event
29	the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that
30	would be imposed in his or her state of residence not to exceed the rate that would have been
31	imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed motor vehicle
32	dealer shall add and collect the tax required under this subdivision and remit the tax to the tax
33	administrator under the provisions of chapters 18 and 19 of this title. When a Rhode Island
34	licensed motor vehicle dealer is required to add and collect the sales and use tax on the sale of a
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1	motor vehicle to a bona fide nonresident as provided in this section, the dealer in computing the
2	tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of
3	motor vehicles.
4	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
5	require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the
6	tax administrator deems reasonably necessary to substantiate the exemption provided in this
7	subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the
8	motor vehicle was the holder of, and had in his or her possession a valid out of state motor
9	vehicle registration or a valid out of state driver's license.
10	(iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of
11	the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage,
12	or other consumption in this state, and is subject to, and liable for the use tax imposed under the
13	provisions of § 44-18-20.
14	(14) Sales in public buildings by blind people. From the sale and from the storage, use, or
15	other consumption in all public buildings in this state of all products or wares by any person
16	licensed under § 40-9-11.1.
17	(15) Air and water pollution control facilities. From the sale, storage, use, or other
18	consumption in this state of tangible personal property or supplies acquired for incorporation into
19	or used and consumed in the operation of a facility, the primary purpose of which is to aid in the
20	control of the pollution or contamination of the waters or air of the state, as defined in chapter 12
21	of title 46 and chapter 25 of title 23, respectively, and which has been certified as approved for
22	that purpose by the director of environmental management. The director of environmental
23	management may certify to a portion of the tangible personal property or supplies acquired for
24	incorporation into those facilities or used and consumed in the operation of those facilities to the
25	extent that that portion has as its primary purpose the control of the pollution or contamination of
26	the waters or air of this state. As used in this subdivision, "facility" means any land, facility,
27	device, building, machinery, or equipment.
28	(16) Camps. From the rental charged for living quarters, or sleeping or housekeeping
29	accommodations at camps or retreat houses operated by religious, charitable, educational, or
30	other organizations and associations mentioned in subdivision (5), or by privately owned and
31	operated summer camps for children.
32	(17) Certain institutions. From the rental charged for living or sleeping quarters in an
33	institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.
34	(18) Educational institutions. From the rental charged by any educational institution for
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1	living quarters, or sleeping or housekeeping accommodations or other rooms or accommodations
2	to any student or teacher necessitated by attendance at an educational institution. "Educational
3	institution" as used in this section means an institution of learning not operated for profit which is
4	empowered to confer diplomas, educational, literary, or academic degrees, which has a regular
5	faculty, curriculum, and organized body of pupils or students in attendance throughout the usual
6	school year, which keeps and furnishes to students and others records required and accepted for
7	entrance to schools of secondary, collegiate, or graduate rank, no part of the net earnings of which
8	inures to the benefit of any individual.
9	(19) Motor vehicle and adaptive equipment for persons with disabilities.
10	(i) From the sale of: (A) special adaptations, (B) the component parts of the special
11	adaptations, or (C) a specially adapted motor vehicle; provided, that the owner furnishes to the
12	tax administrator an affidavit of a licensed physician to the effect that the specially adapted motor
13	vehicle is necessary to transport a family member with a disability or where the vehicle has been
14	specially adapted to meet the specific needs of the person with a disability. This exemption
15	applies to not more than one motor vehicle owned and registered for personal, noncommercial
16	use.
17	(ii) For the purpose of this subsection the term "special adaptations" includes, but is not
18	limited to: wheelchair lifts; wheelchair carriers; wheelchair ramps; wheelchair securements; hand
19	controls; steering devices; extensions, relocations, and crossovers of operator controls; power-
20	assisted controls; raised tops or dropped floors; raised entry doors; or alternative signaling
21	devices to auditory signals.
22	(iii) From the sale of: (a) special adaptations, (b) the component parts of the special
23	adaptations, for a "wheelchair accessible taxicab" as defined in § 39-14-1 and/or a "wheelchair
24	accessible public motor vehicle" as defined in § 39-14.1-1.
25	(iv) For the purpose of this subdivision the exemption for a "specially adapted motor
26	vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due
27	on the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the
28	special adaptations, including installation.
29	(20) Heating fuels. From the sale and from the storage, use, or other consumption in this
30	state of every type of fuel used in the heating of homes and residential premises.
31	(21) Electricity and gas. From the sale and from the storage, use, or other consumption in
32	this state of electricity and gas furnished for domestic use by occupants of residential premises.
33	(22) Manufacturing machinery and equipment.
34	(i) From the sale and from the storage, use, or other consumption in this state of tools,
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1	dies, and molds, and machinery and equipment (including replacement parts), and related items to
2	the extent used in an industrial plant in connection with the actual manufacture, conversion, or
3	processing of tangible personal property, or to the extent used in connection with the actual
4	manufacture, conversion or processing of computer software as that term is utilized in industry
5	numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the
6	technical committee on industrial classification, office of statistical standards, executive office of
7	the president, United States bureau of the budget, as revised from time to time, to be sold, or that
8	machinery and equipment used in the furnishing of power to an industrial manufacturing plant.
9	For the purposes of this subdivision, "industrial plant" means a factory at a fixed location
10	primarily engaged in the manufacture, conversion, or processing of tangible personal property to
11	be sold in the regular course of business;
12	(ii) Machinery and equipment and related items are not deemed to be used in connection
13	with the actual manufacture, conversion, or processing of tangible personal property, or in
14	connection with the actual manufacture, conversion or processing of computer software as that
15	term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification
16	manual prepared by the technical committee on industrial classification, office of statistical
17	standards, executive office of the president, United States bureau of the budget, as revised from
18	time to time, to be sold to the extent the property is used in administration or distribution
19	operations;
20	(iii) Machinery and equipment and related items used in connection with the actual
21	manufacture, conversion, or processing of any computer software or any tangible personal
22	property which is not to be sold and which would be exempt under subdivision (7) or this
23	subdivision if purchased from a vendor or machinery and equipment and related items used
24	during any manufacturing, converting or processing function is exempt under this subdivision
25	even if that operation, function, or purpose is not an integral or essential part of a continuous
26	production flow or manufacturing process;
27	(iv) Where a portion of a group of portable or mobile machinery is used in connection
28	with the actual manufacture, conversion, or processing of computer software or tangible personal
29	property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under
30	this subdivision even though the machinery in that group is used interchangeably and not
31	otherwise identifiable as to use.
32	(23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other
33	consumption in this state of so much of the purchase price paid for a new or used automobile as is
34	allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of
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1	the proceeds applicable only to the automobile as are received from the manufacturer of
2	automobiles for the repurchase of the automobile whether the repurchase was voluntary or not
3	towards the purchase of a new or used automobile by the buyer. For the purpose of this
4	subdivision, the word "automobile" means a private passenger automobile not used for hire and
5	does not refer to any other type of motor vehicle.
6	(24) Precious metal bullion.
7	(i) From the sale and from the storage, use, or other consumption in this state of precious
8	metal bullion, substantially equivalent to a transaction in securities or commodities.
9	(ii) For purposes of this subdivision, "precious metal bullion" means any elementary
10	precious metal which has been put through a process of smelting or refining, including, but not
11	limited to, gold, silver, platinum, rhodium, and chromium, and which is in a state or condition
12	that its value depends upon its content and not upon its form.
13	(iii) The term does not include fabricated precious metal which has been processed or
14	manufactured for some one or more specific and customary industrial, professional, or artistic
15	uses.
16	(25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of
17	fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the
18	repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use
19	of the vessels including provisions, supplies, and material for the maintenance and/or repair of the
20	vessels.
21	(26) Commercial fishing vessels. From the sale and from the storage, use, or other
22	consumption in this state of vessels and other water craft which are in excess of five (5) net tons
23	and which are used exclusively for "commercial fishing", as defined in this subdivision, and from
24	the repair, alteration, or conversion of those vessels and other watercraft, and from the sale of
25	property purchased for the use of those vessels and other watercraft including provisions,
26	supplies, and material for the maintenance and/or repair of the vessels and other watercraft and
27	the boats nets, cables, tackle, and other fishing equipment appurtenant to or used in connection
28	with the commercial fishing of the vessels and other watercraft. "Commercial fishing" means the
29	taking or the attempting to take any fish, shellfish, crustacea, or bait species with the intent of
30	disposing of them for profit or by sale, barter, trade, or in commercial channels. The term does
31	not include subsistence fishing, i.e., the taking for personal use and not for sale or barter; or sport
32	fishing; but shall include vessels and other watercraft with a Rhode Island party and charter boat
33	license issued by the department of environmental management pursuant to § 20-2-27.1 which
34	meet the following criteria: (i) the operator must have a current U.S.C.G. license to carry
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1	passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii)
2	U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island
3	boat registration to prove Rhode Island home port status; (iv) the vessel must be used as a
4	commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be
5	able to demonstrate that at least fifty percent (50%) of its annual gross income derives from
6	charters or provides documentation of a minimum of one hundred (100) charter trips annually; (v)
7	the vessel must have a valid Rhode Island party and charter boat license. The tax administrator
8	shall implement the provisions of this subdivision by promulgating rules and regulations relating
9	thereto.
10	(27) Clothing and footwear. From the sales of articles of clothing, including footwear,
11	intended to be worn or carried on or about the human body for sales prior to October 1, 2012.
12	Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including
13	footwear, intended to be worn or carried on or about the human body up to two hundred and fifty
14	dollars ($250) of the sales price per item. For the purposes of this section, "clothing or footwear"
15	does not include clothing accessories or equipment or special clothing or footwear primarily
16	designed for athletic activity or protective use as these terms are defined in section 44-18-7.1(f).
17	In recognition of the work being performed by the Streamlined Sales and Use Tax Governing
18	Board, upon passage of any federal law which authorizes states to require remote sellers to collect
19	and remit sales and use taxes, this unlimited exemption will apply as it did prior to October 1,
20	2012. The unlimited exemption on sales of clothing and footwear shall take effect on the date that
21	the state requires remote sellers to collect and remit sales and use taxes.
22	(28) Water for residential use. From the sale and from the storage, use, or other
23	consumption in this state of water furnished for domestic use by occupants of residential
24	premises.
25	(29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes
26	to Decisions.] From the sale and from the storage, use, or other consumption in the state of any
27	canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited
28	to, the Old Testament and the New Testament versions.
29	(30) Boats.
30	(i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not
31	register the boat or vessel in this state, or document the boat or vessel with the United States
32	government at a home port within the state, whether the sale or delivery of the boat or vessel is
33	made in this state or elsewhere; provided, that the nonresident transports the boat within thirty
34	(30) days after delivery by the seller outside the state for use thereafter solely outside the state.
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1	(ii) The tax administrator, in addition to the provisions of §§ 44-19-17 and 44-19-28, may
2	require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the
3	tax administrator deems reasonably necessary to substantiate the exemption provided in this
4	subdivision, including the affidavit of the seller that the buyer represented himself or herself to be
5	a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.
6	(31) Youth activities equipment. From the sale, storage, use, or other consumption in this
7	state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island
8	eleemosynary organizations, for the purposes of youth activities which the organization is formed
9	to sponsor and support; and by accredited elementary and secondary schools for the purposes of
10	the schools or of organized activities of the enrolled students.
11	(32) Farm equipment. From the sale and from the storage or use of machinery and
12	equipment used directly for commercial farming and agricultural production; including, but not
13	limited to, tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors,
14	balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment,
15	greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and
16	other farming equipment, including replacement parts, appurtenant to or used in connection with
17	commercial farming and tools and supplies used in the repair and maintenance of farming
18	equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or
19	the production within this state of agricultural products, including, but not limited to, field or
20	orchard crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or
21	production provides at least two thousand five hundred dollars ($2,500) in annual gross sales to
22	the operator, whether an individual, a group, a partnership, or a corporation for exemptions issued
23	prior to July 1, 2002; for exemptions issued or renewed after July 1, 2002, there shall be two (2)
24	levels. Level I shall be based on proof of annual gross sales from commercial farming of at least
25	twenty-five hundred dollars ($2,500) and shall be valid for purchases subject to the exemption
26	provided in this subdivision except for motor vehicles with an excise tax value of five thousand
27	dollars ($5,000) or greater; Level II shall be based on proof of annual gross sales from
28	commercial farming of at least ten thousand dollars ($10,000) or greater and shall be valid for
29	purchases subject to the exemption provided in this subdivision including motor vehicles with an
30	excise tax value of five thousand dollars ($5,000) or greater. For the initial issuance of the
31	exemptions, proof of the requisite amount of annual gross sales from commercial farming shall be
32	required for the prior year; for any renewal of an exemption granted in accordance with this
33	subdivision at either Level I or Level II, proof of gross annual sales from commercial farming at
34	the requisite amount shall be required for each of the prior two (2) years. Certificates of
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1	exemption issued or renewed after July 1, 2002, shall clearly indicate the level of the exemption
2	and be valid for four (4) years after the date of issue. This exemption applies even if the same
3	equipment is used for ancillary uses, or is temporarily used for a non-farming or a non-
4	agricultural purpose, but shall not apply to motor vehicles acquired after July 1, 2002, unless the
5	vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for registration displaying
6	farm plates as provided for in § 31-3-31.
7	(33) Compressed air. From the sale and from the storage, use, or other consumption in
8	the state of compressed air.
9	(34) Flags. From the sale and from the storage, consumption, or other use in this state of
10	United States, Rhode Island or POW-MIA flags.
11	(35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor
12	vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or
13	the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether
14	service connected or not. The motor vehicle must be purchased by and especially equipped for
15	use by the qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under
16	rules or regulations that the tax administrator may prescribe.
17	(36) Textbooks. From the sale and from the storage, use, or other consumption in this
18	state of textbooks by an "educational institution" as defined in subdivision (18) of this section and
19	as well as any educational institution within the purview of § 16-63-9(4) and used textbooks by
20	any purveyor.
21	(37) Tangible personal property and supplies used in on-site hazardous waste recycling,
22	reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible
23	personal property or supplies used or consumed in the operation of equipment, the exclusive
24	function of which is the recycling, reuse, or recovery of materials (other than precious metals, as
25	defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes", as
26	defined in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the
27	same taxpayer and where the personal property is located at, in, or adjacent to a generating
28	facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of
29	the department of environmental management certifying that the equipment and/or supplies as
30	used, or consumed, qualify for the exemption under this subdivision. If any information relating
31	to secret processes or methods of manufacture, production, or treatment is disclosed to the
32	department of environmental management only to procure an order, and is a "trade secret" as
33	defined in § 28-21-10(b), it is not open to public inspection or publicly disclosed unless
34	disclosure is required under chapter 21 of title 28 or chapter 24.4 of title 23.
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1	(38) Promotional and product literature of boat manufacturers. From the sale and from
2	the storage, use, or other consumption of promotional and product literature of boat
3	manufacturers shipped to points outside of Rhode Island which either: (i) accompany the product
4	which is sold, (ii) are shipped in bulk to out of state dealers for use in the sale of the product, or
5	(iii) are mailed to customers at no charge.
6	(39) Food items paid for by food stamps. From the sale and from the storage, use, or other
7	consumption in this state of eligible food items payment for which is properly made to the retailer
8	in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of
9	1977, 7 U.S.C. § 2011 et seq.
10	(40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-
11	12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed
12	with the Rhode Island public utilities commission on the number of miles driven or by the
13	number of hours spent on the job.
14	(41) Trade-in value of boats. 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 boat as is
16	allocated for a trade-in allowance on the boat of the buyer given in trade to the seller or of the
17	proceeds applicable only to the boat as are received from an insurance claim as a result of a stolen
18	or damaged boat, towards the purchase of a new or used boat by the buyer.
19	(42) Equipment used for research and development. From the sale and from the storage,
20	use, or other consumption of equipment to the extent used for research and development purposes
21	by a qualifying firm. For the purposes of this subdivision, "qualifying firm" means a business for
22	which the use of research and development equipment is an integral part of its operation, and
23	"equipment" means scientific equipment, computers, software, and related items.
24	(43) Coins. From the sale and from the other consumption in this state of coins having
25	numismatic or investment value.
26	(44) Farm structure construction materials. Lumber, hardware and other materials used
27	in the new construction of farm structures, including production facilities such as, but not limited
28	to, farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying
29	houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing
30	rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker and
31	trench silos, feed storage sheds, and any other structures used in connection with commercial
32	farming.
33	(45) Telecommunications carrier access service. Carrier access service or
34	telecommunications service when purchased by a telecommunications company from another
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1	telecommunications company to facilitate the provision of telecommunications service.
2	(46) Boats or vessels brought into the state exclusively for winter storage, maintenance,
3	repair or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11, 44-18-20, the tax
4	imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in
5	any year to and including the 30th day of April next succeeding with respect to the use of any
6	boat or vessel within this state exclusively for purposes of: (i) delivery of the vessel to a facility in
7	this state for storage, including dry storage and storage in water by means of apparatus preventing
8	ice damage to the hull, maintenance, or repair; (ii) the actual process of storage, maintenance, or
9	repair of the boat or vessel; or (iii) storage for the purpose of selling the boat or vessel.
10	(47) Jewelry display product. From the sale and from the storage, use, or other
11	consumption in this state of tangible personal property used to display any jewelry product;
12	provided, that title to the jewelry display product is transferred by the jewelry manufacturer or
13	seller and that the jewelry display product is shipped out of state for use solely outside the state
14	and is not returned to the jewelry manufacturer or seller.
15	(48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax
16	imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage,
17	use, or other consumption in this state of any new or used boat. The exemption provided for in
18	this subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal
19	ten percent (10%) surcharge on luxury boats is repealed.
20	(49) Banks and Regulated investment companies interstate toll-free calls.
21	Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not apply to
22	the furnishing of interstate and international, toll-free terminating telecommunication service that
23	is used directly and exclusively by or for the benefit of an eligible company as defined in this
24	subdivision; provided, that an eligible company employs on average during the calendar year no
25	less than five hundred (500) "full-time equivalent employees", as that term is defined in § 42-
26	64.5-2. For purposes of this section, an "eligible company" means a "regulated investment
27	company" as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. § 1 et seq., or a
28	corporation to the extent the service is provided, directly or indirectly, to or on behalf of a
29	regulated investment company, an employee benefit plan, a retirement plan or a pension plan or a
30	state chartered bank.
31	(50) Mobile and manufactured homes generally. From the sale and from the storage, use,
32	or other consumption in this state of mobile and/or manufactured homes as defined and subject to
33	taxation pursuant to the provisions of chapter 44 of title 31.
34	(51) Manufacturing business reconstruction materials.
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1	(i) From the sale and from the storage, use or other consumption in this state of lumber,
2	hardware, and other building materials used in the reconstruction of a manufacturing business
3	facility which suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any
4	occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more
5	of an operating manufacturing business facility within this state. "Disaster" does not include any
6	damage resulting from the willful act of the owner of the manufacturing business facility.
7	(ii) Manufacturing business facility includes, but is not limited to, the structures housing
8	the production and administrative facilities.
9	(iii) In the event a manufacturer has more than one manufacturing site in this state, the
10	sixty percent (60%) provision applies to the damages suffered at that one site.
11	(iv) To the extent that the costs of the reconstruction materials are reimbursed by
12	insurance, this exemption does not apply.
13	(52) Tangible personal property and supplies used in the processing or preparation of
14	floral products and floral arrangements. From the sale, storage, use, or other consumption in this
15	state of tangible personal property or supplies purchased by florists, garden centers, or other like
16	producers or vendors of flowers, plants, floral products, and natural and artificial floral
17	arrangements which are ultimately sold with flowers, plants, floral products, and natural and
18	artificial floral arrangements or are otherwise used in the decoration, fabrication, creation,
19	processing, or preparation of flowers, plants, floral products, or natural and artificial floral
20	arrangements, including descriptive labels, stickers, and cards affixed to the flower, plant, floral
21	product or arrangement, artificial flowers, spray materials, floral paint and tint, plant shine, flower
22	food, insecticide and fertilizers.
23	(53) Horse food products. From the sale and from the storage, use, or other consumption
24	in this state of horse food products purchased by a person engaged in the business of the boarding
25	of horses.
26	(54) Non-motorized recreational vehicles sold to nonresidents.
27	(i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to
28	a bona fide nonresident of this state who does not register the non-motorized recreational vehicle
29	in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this
30	state or at the place of residence of the nonresident; provided, that a non-motorized recreational
31	vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption
32	to its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in
33	that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the
34	rate that would be imposed in his or her state of residence not to exceed the rate that would have
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1	been imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed non-
2	motorized recreational vehicle dealer shall add and collect the tax required under this subdivision
3	and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title.
4	Provided, that when a Rhode Island licensed non-motorized recreational vehicle dealer is required
5	to add and collect the sales and use tax on the sale of a non-motorized recreational vehicle to a
6	bona fide nonresident as provided in this section, the dealer in computing the tax takes into
7	consideration the law of the state of the nonresident as it relates to the trade-in of motor vehicles.
8	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
9	require any licensed non-motorized recreational vehicle dealer to keep records of sales to bona
10	fide nonresidents as the tax administrator deems reasonably necessary to substantiate the
11	exemption provided in this subdivision, including the affidavit of a licensed non-motorized
12	recreational vehicle dealer that the purchaser of the non-motorized recreational vehicle was the
13	holder of, and had in his or her possession a valid out-of-state non-motorized recreational vehicle
14	registration or a valid out-of-state driver's license.
15	(iii) Any nonresident who registers a non-motorized recreational vehicle in this state
16	within ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-
17	motorized recreational vehicle for use, storage, or other consumption in this state, and is subject
18	to, and liable for the use tax imposed under the provisions of § 44-18-20.
19	(iv) "Non-motorized recreational vehicle" means any portable dwelling designed and
20	constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use
21	which is eligible to be registered for highway use, including, but not limited to, "pick-up coaches"
22	or "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1
23	of title 31.
24	(55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of
25	sprinkler and fire alarm systems, emergency lighting and alarm systems, and from the sale of the
26	materials necessary and attendant to the installation of those systems, that are required in
27	buildings and occupancies existing therein in July 2003, in order to comply with any additional
28	requirements for such buildings arising directly from the enactment of the Comprehensive Fire
29	Safety Act of 2003, and that are not required by any other provision of law or ordinance or
30	regulation adopted pursuant to that Act. The exemption provided in this subdivision shall expire
31	on December 31, 2008.
32	(56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-
33	18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other
34	consumption in this state of any new or used aircraft or aircraft parts.
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1	(57) Renewable energy products. Notwithstanding any other provisions of Rhode Island
2	general laws the following products shall also be exempt from sales tax: solar photovoltaic
3	modules or panels, or any module or panel that generates electricity from light; solar thermal
4	collectors, including, but not limited to, those manufactured with flat glass plates, extruded
5	plastic, sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-
6	water and water-to-air type pumps; wind turbines; towers used to mount wind turbines if
7	specified by or sold by a wind turbine manufacturer; DC to AC inverters that interconnect with
8	utility power lines; manufactured mounting racks and ballast pans for solar collector, module or
9	panel installation. Not to include materials that could be fabricated into such racks; monitoring
10	and control equipment, if specified or supplied by a manufacturer of solar thermal, solar
11	photovoltaic, geothermal, or wind energy systems or if required by law or regulation for such
12	systems but not to include pumps, fans or plumbing or electrical fixtures unless shipped from the
13	manufacturer affixed to, or an integral part of, another item specified on this list; and solar storage
14	tanks that are part of a solar domestic hot water system or a solar space heating system. If the tank
15	comes with an external heat exchanger it shall also be tax exempt, but a standard hot water tank is
16	not exempt from state sales tax.
17	(58) Returned property. The amount charged for property returned by customers upon
18	rescission of the contract of sale when the entire amount exclusive of handling charges paid for
19	the property is refunded in either cash or credit, and where the property is returned within one
20	hundred twenty (120) days from the date of delivery.
21	(59) Dietary Supplements. From the sale and from the storage, use or other consumption
22	of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions.
23	(60) Blood. From the sale and from the storage, use or other consumption of human
24	blood.
25	(61) Agricultural products for human consumption. From the sale and from the storage,
26	use or other consumption of livestock and poultry of the kinds of products of which ordinarily
27	constitute food for human consumption and of livestock of the kind the products of which
28	ordinarily constitute fibers for human use.
29	(62) Diesel emission control technology. From the sale and use of diesel retrofit
30	technology that is required by § 31-47.3-4 of the general laws.
31	(63) Feed for certain animals used in commercial farming. From the sale of feed for
32	animals as described in subsection 44-18-30(61).
33	(64) Alcoholic beverages. From the sale and storage, use, or other consumption in this
34	state by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and
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1	malt beverages from December 1, 2013 through March 31, 2015; provided, further,
2	notwithstanding § 6-13-1 or any other general or public law to the contrary, alcoholic beverages,
3	as defined in § 44-18-7.1, shall not be subject to minimum markup from December 1, 2013
4	through March 31, 2015.
5	(65) Electricity and gas. In recognition of the work being performed by the Streamlined
6	Sales and Use Tax Governing Board, upon passage of any federal law which authorizes states to
7	require remote sellers defined in § 44-18-15.2, to collect and remit sales and use taxes under
8	chapters 18 and 19 of this title, the sale and storage, use, or other consumption in this state of
9	electricity and gas furnished to any business shall be exempted from the taxes imposed by this
10	chapter. This exemption shall take effect on the date that the state requires remote sellers to
11	collect and remit sales and use tax.
12	SECTION 3. This article shall take effect upon passage.
13	ARTICLE 15
14	RELATING TO HISTORIC TAX CREDITS
15	SECTION 1. Section 1 of Article 22 of Chapter 144 of the 2013 Public Laws entitled
16	"Relating to Making Appropriations for the Support of the State for the Fiscal Year ending June
17	30, 2014" is hereby amended to read as follows:
18	WHEREAS, the General Assembly finds that the State of Rhode Island tax credits earned
19	pursuant to Rhode Island General Laws chapters 44-33.2 and 44-33.6 (the "Historic Tax Credits")
20	have had and continue to have the desired effect of stimulating, promoting and encouraging the
21	redevelopment and reuse of historic structures by modern commercial, residential and
22	manufacturing enterprises in order to foster civic beauty, promote public education, pleasure and
23	welfare and otherwise generally improve and enhance the long-term economic well-being of the
24	citizens and municipalities of the State of Rhode Island; and
25	WHEREAS, the 2008 General Assembly authorized Rhode Island Economic
26	Development Corporation (the "RIEDC") to issue not more than three hundred fifty-six million
27	two hundred thousand dollars ($356.2 million) of Revenue Bonds – Historic Structures Tax
28	Credit Financing Taxable Series to assist in the future cost of the Historic Structures Tax Credit
29	Program; and
30	WHEREAS, this three hundred fifty-six million two hundred thousand dollars ($356.2
31	million) authorization included two hundred ninety-nine million nine hundred thousand dollars
32	($299.9 million) to be deposited into the project fund, and the balance was authorized for a debt
33	service reserve fund and cost of issuance; and
34	WHEREAS, allowing tax credits formerly issued to projects declared abandoned by the
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1	Division of Taxation on May 15, 2013 to be reissued would stimulate and encourage the
2	redevelopment and reuse of historic structures by modern commercial, residential and
3	manufacturing enterprises, in order to foster civic beauty, promote public education, pleasure and
4	welfare and otherwise generally improve and further enhance the long-term economic well-being
5	of the citizens and municipalities of the State of Rhode Island however the total amount of credits
6	requested far exceeded the total amount of credits available; now, therefore, be it
7	RESOLVED, that the RIEDC is authorized to continue with the financing as detailed in
8	the 2008 Joint Resolution and the General Assembly hereby reaffirms the RIEDC's issuance of
9	not more than $356.2 million in Bonds; and be it further
10	RESOLVED, that the original amount of bonds authorized to be issued for deposit in the
11	project fund of $299.9 million plus the approximately $52.1 million originally planned for a
12	reserve fund (totaling $352.0 million) shall be the maximum amount that can be issued to pay
13	processing fee reimbursements on abandoned projects and to reimburse the State of Rhode Island
14	for tax credits issued on original projects or those approved after July 1, 2013, recognizing that
15	savings from currently abandoned projects have primarily offset the lower interest earnings on
16	bond proceeds and the processing fees originally anticipated in 2008; and be it further
17	RESOLVED, that the RIEDC is authorized to use the Bond proceeds to pay processing
18	fee reimbursements and to reimburse the State of Rhode Island for Historic Tax Credits approved
19	in accordance with Rhode Island General Laws chapter 44-33.2 or 44-33.6 as well as any project
20	approved on or after July 1, 2013; and be it further
21	RESOLVED, that the RIEDC shall continue to request the Governor to include in each of
22	the fiscal years following the issuance of the Bonds by the RIEDC an amount equal to the debt
23	service of the Bonds pursuant to the terms set forth in this Resolution; and be it further
24	RESOLVED, that neither the Bonds nor the Payment Agreement shall constitute
25	indebtedness of the State or any of its subdivisions or a debt for which the full faith and credit of
26	the State or any of its subdivisions is pledged, except to the extent that the State appropriates
27	funds for the Bonds or the Payment Agreement subject to annual budget appropriations.
28	SECTION 2. This article shall take effect upon passage.
29	ARTICLE 16
30	RELATING TO UNDERGROUND ECONOMY AND EMPLOYEE
31	MISCLASSIFICATION ACT
32	SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND
33	GOVERNMENT" is hereby amended by adding thereto the following chapter:
34	CHAPTER 155
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1	UNDERGROUND ECONOMY AND EMPLOYEE MISCLASSIFICATION ACT
2	42-155-1. Short Title. -- This chapter shall be known as the "Underground Economy and
3	Employee Misclassification Act".
4	42-155-2. Declaration of purpose. -- The general assembly finds and declares that this
5	state's economy, its workers and its businesses is harmed by the existence of an illegal
6	underground economy in which individuals and businesses conceal their activities from
7	government licensing, regulatory and taxing authorities. The underground economy and, in
8	particular, the practice of employee misclassification:
9	(a) exploits vulnerable workers and deprives them of legal benefits and protections;
10	(b) gives unlawful businesses an unfair competitive advantage over lawful businesses by
11	illegally driving down violators' taxes, wages, and other overhead costs;
12	(c) defrauds the government of substantial tax revenues; and
13	(d) harms consumers who suffer at the hands of unlicensed businesses that fail to
14	maintain minimum levels of skills and knowledge.
15	The creation of a task force has proven to be an effective mechanism for enhancing
16	interagency cooperation, information sharing, and the prosecution of violators.
17	42-155-3. Task Force.-- There is hereby established a Task Force on the Underground
18	Economy and Employee Misclassification. The Task Force shall consist of the following
19	members or their designees:
20	(a) the director of labor and training or designee;
21	(b) the tax administrator or designee;
22	(c) the director of business regulations or designee;
23	(d) the head of the workforce regulation and safety division or designee;
24	(e) the attorney general or designee; and
25	(f) the commissioner of the department of public safety or designee,
26	The director of labor and training shall chair the Task Force.
27	42-155-4. Duties and Responsibilities. -- The Task Force shall coordinate joint efforts to
28	combat the underground economy and employee misclassification, The Task Force shall: foster
29	voluntary compliance with the law by educating business owners and employees about applicable
30	requirements;
31	(b) conduct joint, targeted investigations and enforcement actions against violators;
32	(c) protect the health, safety and benefit rights of workers; and
33	(d) restore competitive equality for law-abiding businesses.
34	42-155-5. Sharing of Information. -- Notwithstanding any other law or regulation to the
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1	contrary, the Task Force shall facilitate timely information sharing between and among Task
2	Force members, including the establishment of protocols by which participating agencies will
3	advise or refer to other agencies matters of potential investigative interest.
4	44-155-6. Annual Report.-- No later than March 15, 2015 and every March 15th
5	thereafter, the Task Force shall submit a report to the governor and the chairpersons of the house
6	finance committee and senate finance committee summarizing the Task Force's activities during
7	the preceding year. The report shall, without limitation:
8	(a) describe the Task Force's efforts and accomplishments during the year;
9	(b) identify any administrative or legal barriers impeding the more effective operation of
10	the Task Force, including any barriers to information sharing or joint action; and propose
11	appropriate administrative, legislative, or regulatory changes to strengthen the Task Force's
12	operations and enforcement efforts and reduce or eliminate any barriers to those efforts.
13	SECTION 2. The article shall take effect upon passage.
14	ARTICLE 17
15	RELATING TO GOVERNMENT REFORM
16	SECTION 1. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts and
17	Control" is hereby amended to read as follows:
18	35-6-1. Controller – Duties in general. -- (a) Within the department of administration
19	there shall be a controller who shall be appointed by the director of administration pursuant to
20	chapter 4 of title 36. The controller shall be responsible for accounting and expenditure control
21	and shall be required to:
22	(1) Administer a comprehensive accounting and recording system which will classify the
23	transactions of the state departments and agencies in accordance with the budget plan;
24	(2) Maintain control accounts for all supplies, materials, and equipment for all
25	departments and agencies except as otherwise provided by law;
26	(3) Prescribe a financial, accounting, and cost accounting system for state departments
27	and agencies;
28	(4) Preaudit all state receipts and expenditures;
29	(5) Prepare financial statements required by the several departments and agencies, by the
30	governor, or by the general assembly;
31	(6) Approve the orders drawn on the general treasurer; provided, that the preaudit of all
32	expenditures under authority of the legislative department and the judicial department by the state
33	controller shall be purely ministerial, concerned only with the legality of the expenditure and
34	availability of the funds, and in no event shall the state controller interpose his or her judgment
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1	regarding the wisdom or expediency of any item or items of expenditure;
2	(7) Prepare and timely file, on behalf of the state, any and all reports required by the
3	United States, including, but not limited to, the internal revenue service, or required by any
4	department or agency of the state, with respect to the state payroll; and
5	(8) Prepare a preliminary closing statement for each fiscal year. The controller shall
6	forward the statement to the chairpersons of the house finance committee and the senate finance
7	committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by
8	September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment
9	of the appropriations act, whichever is later. The report shall include but is not limited to:
10	(i) A report of all revenues received by the state in the completed fiscal year, together
11	with the estimates adopted for that year as contained in the final enacted budget, and together
12	with all deviations between estimated revenues and actual collections. The report shall also
13	include cash collections and accrual adjustments;
14	(ii) A comparison of actual expenditures with each of the actual appropriations, including
15	supplemental appropriations and other adjustments provided for in the Rhode Island General
16	Laws;
17	(iii) A statement of the opening and closing surplus in the general revenue account; and
18	(iv) A statement of the opening surplus, activity, and closing surplus in the state budget
19	reserve and cash stabilization account and the state bond capital fund.
20	(b) The controller shall provide supporting information on revenues, expenditures, capital
21	projects, and debt service upon request of the house finance committee chairperson, senate
22	finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.
23	(c) Upon issuance of the audited annual financial statement, the controller shall provide a
24	report of the differences between the preliminary financial report and the final report as contained
25	in the audited annual financial statement.
26	(d) Upon issuance of the audited financial statement, the controller shall transfer all
27	general revenues received in the completed fiscal year net of transfer to the state budget reserve
28	and cash stabilization account as required by § 35-3-20 in excess of those estimates adopted for
29	that year as contained in the final enacted budget to the employees' retirement system of the state
30	of Rhode Island as defined in § 36-8-2.
31	(e)(d) The controller shall create a special fund not part of the general fund and shall
32	deposit amounts equivalent to all deferred contributions under this act into that fund. Any
33	amounts remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who
34	shall transfer such amounts into the retirement system as appropriate.
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1	(e) The controller shall implement a direct deposit payroll system for state employees.
2	(i) There shall be no service charge of any type paid by the state employee at any time
3	which shall decrease the net amount of the employee's salary deposited to the financial institution
4	of the personal choice of the employee as a result of the use of direct deposit.
5	(ii) Employees hired after September 30, 2014, shall participate in the direct deposit
6	system. At the time the employee is hired, the employee shall identify a financial institution that
7	will serve as a personal depository agent for the employee.
8	(iii) No later than June 30, 2016, each employee hired before September 30, 2014, who is
9	not a participant in the direct deposit system, shall identify a financial institution that will serve as
10	a personal depository agent for the employee.
11	(iv) The controller shall promulgate rules and regulations as necessary for implementation
12	and administration of the direct deposit system, which shall include limited exceptions to required
13	participation.
14	SECTION 2. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit
15	System" is hereby repealed.
16	36-4-16.4. Salaries of directors. – (a) In the month of March of each year, the
17	department of administration shall conduct a public hearing to determine salaries to be paid to
18	directors of all state executive departments for the following year, at which hearing all persons
19	shall have the opportunity to provide testimony, orally and in writing. In determining these
20	salaries, the department of administration will take into consideration the duties and
21	responsibilities of the aforenamed officers, as well as such related factors as salaries paid
22	executive positions in other states and levels of government, and in comparable positions
23	anywhere which require similar skills, experience, or training. Consideration shall also be given
24	to the amounts of salary adjustments made for other state employees during the period that pay
25	for directors was set last.
26	(b) Each salary determined by the department of administration will be in a flat amount,
27	exclusive of such other monetary provisions as longevity, educational incentive awards, or other
28	fringe additives accorded other state employees under provisions of law, and for which directors
29	are eligible and entitled.
30	(c) In no event will the department of administration lower the salaries of existing
31	directors during their term of office.
32	(d) Upon determination by the department of administration, the proposed salaries of
33	directors will be referred to the general assembly by the last day in April of that year to go into
34	effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting
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1	concurrently within that time.
2	SECTION 3. Section 36-4-16.5 of the General Laws in Chapter 36-4 entitled "Merit
3	System" is hereby amended to read as follows:
4	36-4-16.5. Certain unclassified positions excluded. -- Sections 36-4-16.2 and 36-416.4
5	of this chapter shall have no application to those positions enumerated in subdivisions 36-4-2(1),
6	36-4-2(2), 36-4-2(3), and the department of administration shall have no jurisdiction over the
7	status, tenure or salaries of those said enumerated positions.
8	SECTION 4. Sections 37-2.3-3 and 37-2.3-4 of the General Laws in Chapter 37-2.3
9	entitled "Government Oversight and Fiscal Accountability Review Act" are hereby amended to
10	read as follows:
11	37-2.3-3. Definitions. -- As used in this chapter, the following terms shall have the
12	following meanings:
13	(1) "Agency" includes any executive office, department, division, board, commission, or
14	other office or officer in the executive branch of the government.
15	(2) "Person" includes an individual, institution, federal, state, or local governmental
16	entity, or any other public or private entity.
17	(3) "Private contractor employee" includes a worker directly employed by a private
18	contractor, as defined in this section, as well as an employee of a subcontractor or an independent
19	contractor that provides supplies or services to a private contractor.
20	(4) "Privatization or privatization contract" means an agreement or combination or series
21	of agreements by which a non-governmental person or entity agrees with an agency to provide
22	services expected to result in a fiscal year expenditure of at least one hundred fifty thousand
23	dollars ($150,000) (as of July 1 each year, the amount shall increase to reflect increases in the
24	consumer price index calculated by the United States Bureau of Labor Statistics for all urban
25	consumers nationally during the most recent twelve (12) month period for which data are
26	available or more), which would contract services which are substantially similar to and in
27	replacement of work normally performed by an employee of an agency as of June 30, 2007.
28	"Privatization" or "privatization contract" excludes:
29	(i) Contracts resulting from an emergency procurement;
30	(ii) Contracts with a term of one hundred eighty (180) days or less on a non-recurring
31	basis;
32	(iii) Contracts to provide highly specialized or technical services not normally provided
33	by state employees;
34	(iv) Any subsequent contract which: (a) renews or rebids a prior privatization contract
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1	which existed before June 30, 2007; or (b) renews or rebids a privatization contract that was
2	subject to the provisions of this statute after its enactment; and
3	(v) An agreement to provide legal services or management consulting services.
4	(5) "Privatization contractor" is any contractor, consultant, subcontractor, independent
5	contractor or private business owner that contracts with a state agency to perform services in
6	accordance with the definition of a "privatization contract."
7	(6) "Services" includes, with respect to a private contractor, all aspects of the provision of
8	services provided by a private contractor pursuant to a privatization contract, or any services
9	provided by a subcontractor of a private contractor.
10	37-2.3-4. Fiscal monitoring of privatization contracts. -- Each private contractor shall
11	file a A copy of each executed subcontract contract or amendment to the subcontract with the
12	agency, which shall maintain the subcontract or amendment be made available by the Division of
13	Purchases as a public record, as defined in the access to public records act.
14	(1) Audits. Privatization contracts shall be subject to audit or review, as defined by the
15	American Institute of Certified Public Accountants, by the office of the auditor general at the
16	discretion of the auditor general. Any audit or review shall be conducted in compliance with
17	generally accepted auditing standards.
18	(2) Access. All privatization contracts shall include a contract provision specifying
19	language that provides public access to the complete contract.
20	(3) Fiscal accountability. As part of the budgetary process, each state agency shall
21	provide an addendum to include in their submitted budget request a listing of all privatization
22	contracts.; the name of each contractor, subcontractor, duration of the contract provided and
23	services provided; the total cost of each contract(s) for the prior year; and the projected number of
24	privatization service contracts for the current and upcoming year, the total cost of each contract(s)
25	for the prior year; the estimated costs of each contract(s) for the current and upcoming year. The
26	addendum for each agency shall also contain a summary of contracted private contractor
27	employees for each contract, reflected as full-time equivalent positions, their hourly wage rate,
28	and the number of private contractor employees and consultants for the current and previous
29	fiscal year. For the prior fiscal year, the listing shall include the name of each contractor; a
30	description of the services provided; the amount expended for the fiscal year: the positions
31	employed by title, if applicable; and the hourly wage paid by position, if applicable. For the
32	current and upcoming fiscal years, the listing shall include the name of each contractor, if known
33	at the time the listing is prepared; a description of the services to be provided; the amount
34	budgeted for the contract in each fiscal year; the positions to be employed by title, if known and
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1	applicable; and the hourly wage to be paid by position, if known and applicable. The addendums
2	listings shall be open records published annually online at the State's transparency portal or an
3	equivalent website, available for public inspection, no later than December 1 of each year.
4	SECTION 5. Section 37-6-2 of the General Laws in Chapter 37-6 entitled "Acquisition of
5	Land" is hereby amended to read as follows:
6	37-6-2. Rules, regulations, and procedures of committee. -- (a) The state properties
7	committee is hereby authorized and empowered to adopt and prescribe rules of procedure and
8	regulations, and from time to time amend, change, and eliminate rules and regulations, and make
9	such orders and perform such actions as it may deem necessary to the proper administration of
10	this chapter and §§ 37-7-1 – 37-7-9. In the performance of the commission's duties hereunder, the
11	commission may in any particular case prescribe a variation in procedure or regulation when it
12	shall deem it necessary in view of the exigencies of the case and the importance of speedy action
13	in order to carry out the intent and purpose of this chapter and §§ 37-7-1 – 37-7-9. The
14	commission shall file written notice thereof in the office of the secretary of state. All filings shall
15	be available for public inspection.
16	(b) The following siting criteria shall be utilized whenever current existing leases expire
17	or additional office space is needed:
18	(1) A preference shall be given to sites designated as enterprise zone census tracts
19	pursuant to chapter 64.3 of title 42, or in blighted and/or substandard areas pursuant to § 45-31-8,
20	or in downtown commercial areas where it can be shown the facilities would make a significant
21	impact on the economic vitality of the community's central business district;
22	(2) Consideration should be given to adequate access via public transportation for both
23	employees as well as the public being served, and, where appropriate, adequate parking;
24	(3) A site must be consistent with the respective community's local comprehensive plan;
25	and (4) The division of planning within the department of administration shall be included in
26	the evaluation of all future lease proposals.
27	(c) The state properties committee shall explain, in writing, how each site selected by the
28	committee for a state facility meets the criteria described in subsection (b) of this section.
29	(d) For any lease, rental agreement or extension of an existing rental agreement for leased
30	office and operating space which carries a term of five (5) years or longer, including any options
31	or extensions that bring the total term to five (5) years or longer, where the state is the tenant and
32	the aggregate rent of the terms exceeds five hundred thousand dollars ($500,000) the state
33	properties committee shall request approval of the general assembly prior to entering into any
34	new agreements or signing any extensions with existing landlords. The state properties
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1	committee, in the form of a resolution, shall provide information relating to the purpose of the
2	lease or rental agreement, the agency's current lease or rental costs, the expiration date of any
3	present lease or rental agreement, the range of costs of a new lease or rental agreement, the
4	proposed term of a new agreement, and the location and owner of the desired property.
5	SECTION 6. Section 42-90-1 of the General Laws in Chapter 42-90 entitled "Disclosure
6	of Names of State Government Consultants" is hereby amended to read as follows:
7	42-90-1. Public disclosure required. -- (a) All departments, commissions, boards,
8	councils, other agencies in the government of the state and public corporations shall annually
9	prepare and submit to the secretary of state quarterly a budget office by October 1 a list
10	containing:
11	(1) The name of any person or vendor who performed legal, medical, accounting,
12	engineering, or any other professional, technical or consultant service to the department,
13	commission, board, council, agency or public corporation on a contractual basis during the
14	previous quarter fiscal year; and
15	(2) The amount of compensation received by each consultant during the previous quarter
16	fiscal year.
17	(b) All departments, commissions, boards, councils, other agencies in the government of
18	the state and public corporations shall prepare and submit to the secretary of state budget office
19	on an annual basis by October 1 a contracting report containing:
20	(1) Digital/Electronic copies A list of all contracts or agreements by which a
21	nongovernmental person or entity agrees with the department, commission, board, council,
22	agency or public corporation to provide services, valued at one hundred fifty thousand dollars
23	($100,000 ($150,000) or more, which are substantially similar to and in lieu of services
24	heretofore provided, in whole or in part, by regular employees replacement of work normally
25	performed by an employee of the department, commission, board, council, agency or public
26	corporation; and.
27	(2) A budget analysis of each contract reported pursuant to this subsection containing the
28	cost of each contract for the prior, current and next year; and the number of private contractor
29	employees reflected as full-time equivalent positions with their hourly wage rate, and costs of
30	benefits for each job classification for the current and previous year.
31	(c) The secretary of state budget office shall compile, publish, and make available for
32	public inspection all lists and contracting reports prepared in accordance with this chapter post
33	electronic/digital copies of all contracts and reports online using the state's transparency portal or
34	an equivalent website annually no later than December 1 of each year.
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1	SECTION 7. Chapter 42-149 of the General Laws entitled "State Expenditures for Non-
2	State Employee Services" is hereby repealed in its entirety.
3	42-149-1. Short title. -- This chapter may be cited as the "State Expenditure for Non-
4	State Employee Services."
5	42-149-2. Legislative intent.-- The legislature is committed to increasing fiscal
6	efficiency and accountability for all state expenditures.
7	42-149-3. State expenditures for non-state employee services. -- All state departments
8	shall submit quarterly reports of all non-state employee expenditures for legal services, financial
9	services, temporary workers, and other non-state employee personnel costs. The reports shall be
10	submitted to the state budget office and the chairpersons of the house and senate finance
11	committees with the first report due on January 1, 2008. The reports shall contain the following
12	information:
13	(1) Efforts made to identify qualified individuals or services within state government;
14	(2) Factors used in choosing a non-state employee or firm;
15	(3) Results of requests for proposals for services or bids for services; and
16	(4) The actual cost and the budgeted cost for the expenditure.
17	42-149-3.1. Assessment on state expenditures for non-state employee services. --
18	Whenever a department, commission, board, council, agency or public corporation incurs
19	expenditures through contracts or agreements by which a nongovernmental person or entity
20	agrees to provide services which are substantially similar to and in lieu of services hereto fore
21	provided, in whole or in part, by regular employees of the department, commission, board,
22	council, agency or public corporation covered by chapter 36-8, those expenditures shall be
23	subject to an assessment equal to five and one-half percent (5.5%) of the cost of the service. That
24	assessment shall be paid to the retirement system on a quarterly basis in accordance with
25	subsection 36-10-2(e).
26	SECTION 8. Section 2 shall be effective January 1, 2015. All other sections shall be
27	effective upon passage.
28	ARTICLE 18
29	RELATING TO GOVERNMENT REORGANIZATION
30	SECTION 1. Sections 30-15-5 and 30-15-6 of the General Laws in Chapter 30-15
31	entitled "Emergency Management" are hereby amended to read as follows:
32	30-15-5. Emergency management preparedness agency created – Personnel –
33	Facilities. -- (a) There is hereby created within the executive department, the Rhode Island
34	emergency management agency (hereinafter in this chapter called the "agency"), to be headed by
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1	the adjutant general of the Rhode Island national guard an executive director, who shall be
2	appointed by and serve at the pleasure of, the governor and who shall be in the unclassified
3	service.
4	(b) The adjutant general executive director may employ such technical, clerical,
5	stenographic, and other personnel, all of whom shall be in the classified service, and may make
6	such expenditures within the appropriation therefor, or from other funds made available for the
7	purposes of this chapter, as may be necessary to carry out the purposes of this chapter, consistent
8	with other applicable provisions of law.
9	(c) The agency may provide itself with appropriate office space, furniture, equipment,
10	supplies, stationery, and printing.
11	(d) The adjutant general, executive director, subject to the direction and control of the
12	governor, shall be the executive head of the agency, and shall be responsible to the governor for
13	carrying out the program for disaster preparedness of this state. The adjutant general executive
14	director shall coordinate the activities of all organizations for disasters within the state, and shall
15	maintain liaison with and cooperate with disaster agencies and organizations of other states and of
16	the federal government. The adjutant general executive director shall have such additional
17	authority, duties, and responsibilities authorized by this chapter as may be prescribed by the
18	governor.
19	30-15-6. Advisory council. – (a) There is hereby created the Rhode Island emergency
20	management advisory council (hereinafter in this chapter called the "council"). The council will
21	consist of forty (40) members as follows:
22	(1) Twenty-two (22) ex officio members as follows:
23	(i) The lieutenant governor;
24	(ii) The adjutant general;
25	(iii) The director of administration/statewide planning;
26	(iv) The director of health;
27	(v) The director of transportation;
28	(vi) The director of human services;
29	(vii) The superintendent of state police;
30	(viii) The public utilities administrator;
31	(ix) The director of the department of environmental management;
32	(x) The director of mental health, retardation, and hospitals department of behavioral
33	healthcare, developmental disabilities and hospitals;
34	(xi) The director of elderly affairs;
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1	(xii) The chairperson of the state water resources board;
2	(xiii) The chairperson of the governor's commission on disabilities;
3	(xiv) The chairperson of the Rhode Island public transit authority;
4	(xv) The executive director of the coastal resources management council or his or her
5	designee;
6	(xvi) The executive director of the American Red Cross, Rhode Island chapter;
7	(xvii) The executive director of the Rhode Island emergency management agency;
8	(xviii) The state court administrator;
9	(xix) The executive director of the commission on the deaf and hard of hearing;
10	(xx) The director of the Providence emergency management agency;
11	(xxi) The executive director of E-911 emergency telephone system division;
12	(xxii) The federal security director of the transportation security administration for Rhode
13	Island; and
14	(2) Eighteen (18) members appointed by and serving at the pleasure of the governor, as
15	follows:
16	(i) Two (2) members of the senate, recommended by the president of the senate, not more
17	than one of whom shall be from the same political party;
18	(ii) Two (2) members of the house of representatives, recommended by the speaker of the
19	house, not more than one of whom shall be from the same political party;
20	(iii) One representative of the electric industry;
21	(iv) One representative of the gas industry;
22	(v) One representative of the telephone industry;
23	(vi) The executive director of the Rhode Island petroleum association or other similarly
24	situated person;
25	(vii) Two (2) representatives of the general public, one who shall have expertise in
26	disaster preparedness;
27	(viii) One representative of the Rhode Island league of cities and towns;
28	(ix) One representative of the media;
29	(x) One representative of the water supply industry;
30	(xi) One representative of the health care industry;
31	(xii) One representative of the Rhode Island firefighters association;
32	(xiii) One representative of the Rhode Island association of fire chiefs;
33	(xiv) One representative of a private ambulance company; and
34	(xv) One representative of a level I trauma hospital who shall have direct expertise in
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1	disaster preparedness.
2	(b) It shall be the duty of the council to advise the governor and the adjutant general
3	executive director on all matters pertaining to disaster preparedness. The lieutenant governor shall
4	serve as chairperson of the council and the adjutant general executive director shall serve as vice-
5	chairperson. In providing advice to the governor and the adjutant general, executive director, the
6	council shall, among other matters reasonably related to their authority, do the following:
7	(1) Establish a regular meeting schedule and form subcommittees as may be appropriate;
8	(2) Review emergency management plans and other matters as may be acted upon or
9	otherwise provided for in this chapter;
10	(3) Establish priorities and goals on emergency management matters on an annual basis;
11	(4) Study emergency management plans in conjunction with the adjutant general, and
12	otherwise conduct such other studies as may be deemed appropriate;
13	(5) Review the coordination of the state's emergency management programs with
14	appropriate authorized agencies and conduct studies on the programs as may be necessary;
15	(6) Review the plans and operations of the various cities and towns in disaster
16	preparedness in conjunction with the director and his or her office as required or necessary; and
17	(7) [Deleted by P.L. 2000, ch. 170, § 2];
18	(8) Provide an annual report on its activities in conjunction with the adjutant general
19	executive director.
20	SECTION 2. Section 39-1-27.12 of the General Laws in Chapter 39-1 entitled "Public
21	Utilities Commission" is hereby amended to read as follows:
22	39-1-27.12. Low Income Home Energy Assistance Program Enhancement Plan. --
23	(a) The Low Income Home Energy Assistance Program Enhancement Plan (hereinafter "LIHEAP
24	Enhancement Plan") is hereby created to supplement the federal Low Income Household
25	Assistance Program ("LIHEAP") funding being received by customers of Rhode Island electric
26	and gas distribution companies.
27	(b) Within a period of time sufficient to accomplish the purposes of this section, but not
28	longer than ninety (90) days after the effective date of this chapter, the Office of Energy
29	Resources department of human services shall develop a recommended monthly "LIHEAP
30	Enhancement Charge" rate for the following year and make a filing with the commission pursuant
31	to this chapter recommending rates. Thereafter annually but no later than October 15 of each
32	year, the office department shall make filings with the commission to recommend the LIHEAP
33	Enhancement Charge rates for each class of electric and natural gas distribution company
34	customer for the following year.
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1	(c) A LIHEAP Enhancement Charge approved by the Commission shall have the
2	following limitations:
3	(1) For electric distribution company customers, the charge shall not be more than ten
4	dollars ($10.00) per year.
5	(2) For natural gas distribution company customers, the charge shall not be more than ten
6	dollars ($10.00) per year.
7	(3) The total projected annual revenue for the LIHEAP Enhancement Plan through
8	charges to all electric and natural gas distribution company customers shall not exceed seven
9	million five hundred thousand dollars ($7,500,000) and shall not be below six million five
10	hundred thousand dollars ($6,500,000).
11	(d) The commission shall open a docket to consider for approval LIHEAP Enhancement
12	Charge rates proposed by the office department. In reviewing the recommended rates the
13	commission shall give due consideration to the recommendations of the office department and the
14	standards set forth in subsection (c) of this section. The commission shall issue a decision within
15	sixty (60) days after said recommendations and report are filed with the commission establishing
16	the Enhancement Plan Charge rates.(e) The electric or gas distribution company shall use the
17	funds collected through this Enhancement Plan Charge to provide a credit to customers accounts
18	that are receiving federal LIHEAP assistance payments. The office of energy resources
19	department of human services shall designate to the gas or electric distribution company the
20	qualifying customer accounts and the amounts to be credited to those customer accounts,
21	provided that the total amount to be credited to those accounts shall be fully funded by and not
22	exceed the total amount collected through the Enhancement Plan Charge. The electric or gas
23	distribution company's added administrative expenses to process the credit assignments provided
24	to it by the office of energy resources department of human services will be recoverable either
25	from the LIHEAP Enhancement Charge or through a separate charge approved by the Public
26	Utilities Commission.
27	(f) As used in this section, "electric and natural gas distribution company" means a
28	company as defined in subsection 39-1-2(12), but not including the Block Island Power Company
29	or the Pascoag Utility District.
30	SECTION 3. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled
31	"Department of Environmental Management" is hereby amended to read as follows:
32	42-17.1-2. Powers and duties. -- The director of environmental management shall have
33	the following powers and duties:
34	(1) To supervise and control the protection, development, planning, and utilization of the
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1	natural resources of the state, such resources, including but not limited to, water, plants, trees,
2	soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,
3	shellfish, and other forms of aquatic, insect, and animal life;
4	(2) To exercise all functions, powers, and duties heretofore vested in the department of
5	agriculture and conservation, and in each of the divisions of the department, such as the
6	promotion of agriculture and animal husbandry in their several branches, including the inspection
7	and suppression of contagious diseases among animals, the regulation of the marketing of farm
8	products, the inspection of orchards and nurseries, the protection of trees and shrubs from
9	injurious insects and diseases, protection from forest fires, the inspection of apiaries and the
10	suppression of contagious diseases among bees, prevention of the sale of adulterated or
11	misbranded agricultural seeds, promotion and encouragement of the work of farm bureaus in
12	cooperation with the University of Rhode Island, farmers' institutes and the various organizations
13	established for the purpose of developing an interest in agriculture, together with such other
14	agencies and activities as the governor and the general assembly may from time to time place
15	under the control of the department, and as heretofore vested by such of the following chapters
16	and sections of the general laws as are presently applicable to the department of environmental
17	management and which were previously applicable to the department of natural resources and the
18	department of agriculture and conservation or to any of its divisions: chapters 1 through 22,
19	inclusive, as amended, in title 2 entitled "Agriculture and Forestry;" chapters 1 through 17,
20	inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry;" chapters 1 through
21	19, inclusive, as amended, in title 20 entitled "Fish and Wildlife;" chapters 1 through 32,
22	inclusive, as amended, in title 21 entitled "Food and Drugs;" chapter 7 of title 23 as amended,
23	entitled "Mosquito Abatement;" and by any other general or public law relating to the department
24	of agriculture and conservation or to any of its divisions or bureaus;
25	(3) To exercise all the functions, powers, and duties heretofore vested in the division of
26	parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled
27	"Parks and Recreational Areas;" by chapter 22.5 of title 23, as amended, entitled "Drowning
28	Prevention and Lifesaving;" and by any other general or public law relating to the division of
29	parks and recreation;
30	(4) To exercise all the functions, powers, and duties heretofore vested in the division of
31	harbors and rivers of the department of public works, or in the department itself by such as were
32	previously applicable to the division or the department, of chapters 1 through 22 and sections
33	thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or
34	public law relating to the division of harbors and rivers;
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1	(5) To exercise all the functions, powers and duties heretofore vested in the department of
2	health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety;" and by
3	chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5,
4	6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry;" and
5	those functions, powers, and duties specifically vested in the director of environmental
6	management by the provisions of § 21-2-22, as amended, entitled "Inspection of Animals and
7	Milk;" together with other powers and duties of the director of the department of health as are
8	incidental to or necessary for the performance of the functions transferred by this section;
9	(6) To cooperate with the Rhode Island economic development corporation in its
10	planning and promotional functions, particularly in regard to those resources relating to
11	agriculture, fisheries, and recreation;
12	(7) To cooperate with, advise, and guide conservation commissions of cities and towns
13	created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter
14	203 of the Public Laws, 1960;
15	(8) To assign or reassign, with the approval of the governor, any functions, duties, or
16	powers established by this chapter to any agency within the department, except as hereinafter
17	limited;
18	(9) To cooperate with the water resources board and to provide to the board facilities,
19	administrative support, staff services, and such other services as the board shall reasonably
20	require for its operation and, in cooperation with the board and the statewide planning program to
21	formulate and maintain a long range guide plan and implementing program for development of
22	major water sources transmissions systems needed to furnish water to regional and local
23	distribution systems;
24	(10) To cooperate with the solid waste management corporation and to provide to the
25	corporation such facilities, administrative support, staff services and such other services within
26	the department as the corporation shall reasonably require for its operation;
27	(11) To provide for the maintenance of waterways and boating facilities, consistent with
28	chapter 6.1 of title 46, by: (i) establishing minimum standards for upland beneficial use and
29	disposal of dredged material; (ii) promulgating and enforcing rules for water quality, ground
30	water protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) planning for the
31	upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the
32	council pursuant to § 46-23-6(2); and (iv) cooperating with the coastal resources management
33	council in the development and implementation of comprehensive programs for dredging as
34	provided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) monitoring dredge material
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1	management and disposal sites in accordance with the protocols established pursuant to § 46-6.1-
2	5(3) and the comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties
3	granted herein shall be construed to abrogate the powers or duties granted to the coastal resources
4	management council under chapter 23 of title 46, as amended;
5	(12) To establish minimum standards, subject to the approval of the environmental
6	standards board, relating to the location, design, construction and maintenance of all sewage
7	disposal systems;
8	(13) To enforce, by such means as provided by law, the standards for the quality of air,
9	and water, and the design, construction and operation of all sewage disposal systems; any order or
10	notice issued by the director relating to the location, design, construction or maintenance of a
11	sewage disposal system shall be eligible for recordation under chapter 13 of title 34. The director
12	shall forward the order or notice to the city or town wherein the subject property is located and
13	the order or notice shall be recorded in the general index by the appropriate municipal official in
14	the land evidence records in the city or town wherein the subject property is located. Any
15	subsequent transferee of that property shall be responsible for complying with the requirements of
16	the order or notice. Upon satisfactory completion of the requirements of the order or notice, the
17	director shall provide written notice of the same, which notice shall be similarly eligible for
18	recordation. The original written notice shall be forwarded to the city or town wherein the subject
19	property is located and the notice of satisfactory completion shall be recorded in the general index
20	by the appropriate municipal official in the land evidence records in the city or town wherein the
21	subject property is located. A copy of the written notice shall be forwarded to the owner of the
22	subject property within five (5) days of a request for it, and, in any event, shall be forwarded to
23	the owner of the subject property within thirty (30) days after correction;
24	(14) To establish minimum standards for the establishment and maintenance of salutary
25	environmental conditions, including standards and methods for the assessment and the
26	consideration of the cumulative effects on the environment of regulatory actions and decisions,
27	which standards for consideration of cumulative effects shall provide for: (i) evaluation of
28	potential cumulative effects that could adversely effect public health and/or impair ecological
29	functioning; (ii) analysis of such other matters relative to cumulative effects as the department
30	may deem appropriate in fulfilling its duties, functions and powers; which standards and methods
31	shall only be applicable to ISDS systems in the town of Jamestown in areas that are dependent for
32	water supply on private and public wells, unless broader use is approved by the general assembly.
33	The department shall report to the general assembly not later than March 15, 2008 with regard to
34	the development and application of such standards and methods in Jamestown.
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1	(15) To establish and enforce minimum standards for permissible types of septage,
2	industrial waste disposal sites and waste oil disposal sites;
3	(16) To establish minimum standards subject to the approval of the environmental
4	standards board for permissible types of refuse disposal facilities, the design, construction,
5	operation, and maintenance of disposal facilities; and the location of various types of facilities;
6	(17) To exercise all functions, powers, and duties necessary for the administration of
7	chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act";
8	(18) To designate in writing any person in any department of the state government or any
9	official of a district, county, city, town, or other governmental unit, with that official's consent, to
10	enforce any rule, regulation, or order promulgated and adopted by the director under any
11	provision of law; provided, however, that enforcement of powers of the coastal resources
12	management council shall be assigned only to employees of the department of environmental
13	management, except by mutual agreement or as otherwise provided in chapter 23 of title 46;
14	(19) To issue and enforce such rules, regulations, and orders as may be necessary to carry
15	out the duties assigned to the director and the department by any provision of law; and to conduct
16	such investigations and hearings and to issue, suspend, and revoke such licenses as may be
17	necessary to enforce those rules, regulations, and orders.
18	Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a
19	contested licensing matter shall occur where resolution substantially deviates from the original
20	application unless all interested parties shall be notified of said proposed resolution and provided
21	with opportunity to comment upon said resolution pursuant to applicable law and any rules and
22	regulations established by the director.
23	(20) To enter, examine or survey at any reasonable time such places as the director deems
24	necessary to carry out his or her responsibilities under any provision of law subject to the
25	following provisions:
26	(i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a
27	search warrant from an official of a court authorized to issue warrants, unless a search without a
28	warrant is otherwise allowed or provided by law;
29	(ii) All administrative inspections shall be conducted pursuant to administrative
30	guidelines promulgated by the department in accordance with chapter 35 of title 42.
31	(B) A warrant shall not be required for administrative inspections if conducted under the
32	following circumstances, in accordance with the applicable constitutional standards:
33	(I) For closely regulated industries;
34	(II) In situations involving open fields or conditions that are in plain view;
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1	(III) In emergency situations;
2	(IV) In situations presenting an imminent threat to the environment or public health,
3	safety or welfare;
4	(V) If the owner, operator, or agent in charge of the facility, property, site or location
5	consents; or
6	(VI) In other situations in which a warrant is not constitutionally required.
7	(C) Whenever it shall be constitutionally or otherwise required by law, or whenever the
8	director in his or her discretion deems it advisable, an administrative search warrant, or its
9	functional equivalent, may be obtained by the director from a neutral magistrate for the purpose
10	of conducting an administrative inspection. The warrant shall be issued in accordance with the
11	applicable constitutional standards for the issuance of administrative search warrants. The
12	administrative standard of probable cause, not the criminal standard of probable cause, shall
13	apply to applications for administrative search warrants.
14	(I) The need for, or reliance upon, an administrative warrant shall not be construed as
15	requiring the department to forfeit the element of surprise in its inspection efforts.
16	(II) An administrative warrant issued pursuant to this subsection must be executed and
17	returned within ten (10) days of its issuance date unless, upon a showing of need for additional
18	time, the court orders otherwise.
19	(III) An administrative warrant may authorize the review and copying of documents that
20	are relevant to the purpose of the inspection. If documents must be seized for the purpose of
21	copying, and the warrant authorizes such seizure, the person executing the warrant shall prepare
22	an inventory of the documents taken. The time, place and manner regarding the making of the
23	inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of
24	the inventory shall be delivered to the person from whose possession or facility the documents
25	were taken. The seized documents shall be copied as soon as feasible under circumstances
26	preserving their authenticity, then returned to the person from whose possession or facility the
27	documents were taken.
28	(IV) An administrative warrant may authorize the taking of samples of air, water or soil
29	or of materials generated, stored or treated at the facility, property, site or location. Upon request,
30	the department shall make split samples available to the person whose facility, property, site or
31	location is being inspected.
32	(V) Service of an administrative warrant may be required only to the extent provided for
33	in the terms of the warrant itself, by the issuing court.
34	(D) Penalties. Any willful and unjustified refusal of right of entry and inspection to
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1	department personnel pursuant to an administrative warrant shall constitute a contempt of court
2	and shall subject the refusing party to sanctions, which in the court's discretion may result in up to
3	six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per
4	refusal.
5	(21) To give notice of an alleged violation of law to the person responsible therefor
6	whenever the director determines that there are reasonable grounds to believe that there is a
7	violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted
8	pursuant to authority granted to him or her, unless other notice and hearing procedure is
9	specifically provided by that law. Nothing in this chapter shall limit the authority of the attorney
10	general to prosecute offenders as required by law.
11	(i) The notice shall provide for a time within which the alleged violation shall be
12	remedied, and shall inform the person to whom it is directed that a written request for a hearing
13	on the alleged violation may be filed with the director within ten (10) days after service of the
14	notice. The notice will be deemed properly served upon a person if a copy thereof is served him
15	or her personally, or sent by registered or certified mail to his or her last known address, or if he
16	or she is served with notice by any other method of service now or hereafter authorized in a civil
17	action under the laws of this state. If no written request for a hearing is made to the director
18	within ten (10) days of the service of notice, the notice shall automatically become a compliance
19	order.
20	(ii) Whenever the director determines that there exists a violation of any law, rule, or
21	regulation within his or her jurisdiction which requires immediate action to protect the
22	environment, he or she may, without prior notice of violation or hearing, issue an immediate
23	compliance order stating the existence of the violation and the action he or she deems necessary.
24	The compliance order shall become effective immediately upon service or within such time as is
25	specified by the director in such order. No request for a hearing on an immediate compliance
26	order may be made.
27	(B) Any immediate compliance order issued under this section without notice and prior
28	hearing shall be effective for no longer than forty-five (45) days; provided, however, that for
29	good cause shown the order may be extended one additional period not exceeding forty-five (45)
30	days.
31	(iii) The director may, at his or her discretion and for the purposes of timely and effective
32	resolution and return to compliance, cite a person for alleged noncompliance through the issuance
33	of an expedited citation in accordance with subsection 42-17.6-3(c).
34	(iv) If a person upon whom a notice of violation has been served under the provisions of
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1	this section or if a person aggrieved by any such notice of violation requests a hearing before the
2	director within ten (10) days of the service of notice of violation, the director shall set a time and
3	place for the hearing, and shall give the person requesting that hearing at least five (5) days
4	written notice thereof. After the hearing, the director may make findings of fact and shall sustain,
5	modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that
6	decision shall be deemed a compliance order and shall be served upon the person responsible in
7	any manner provided for the service of the notice in this section.
8	(v) The compliance order shall state a time within which the violation shall be remedied,
9	and the original time specified in the notice of violation shall be extended to the time set in the
10	order.
11	(vi) Whenever a compliance order has become effective, whether automatically where no
12	hearing has been requested, where an immediate compliance order has been issued, or upon
13	decision following a hearing, the director may institute injunction proceedings in the superior
14	court of the state for enforcement of the compliance order and for appropriate temporary relief,
15	and in that proceeding the correctness of a compliance order shall be presumed and the person
16	attacking the order shall bear the burden of proving error in the compliance order, except that the
17	director shall bear the burden of proving in the proceeding the correctness of an immediate
18	compliance order. The remedy provided for in this section shall be cumulative and not exclusive
19	and shall be in addition to remedies relating to the removal or abatement of nuisances or any
20	other remedies provided by law.
21	(vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30)
22	days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to
23	review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the
24	petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of
25	certiorari;
26	(22) To impose administrative penalties in accordance with the provisions of chapter 17.6
27	of this title and to direct that such penalties be paid into the account established by subdivision
28	(26); and
29	(23) The following definitions shall apply in the interpretation of the provisions of this
30	chapter:
31	(i) Director: The term "director" shall mean the director of environmental management of
32	the state of Rhode Island or his or her duly authorized agent.
33	(ii) Person: The term "person" shall include any individual, group of individuals, firm,
34	corporation, association, partnership or private or public entity, including a district, county, city,
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1	town, or other governmental unit or agent thereof, and in the case of a corporation, any individual
2	having active and general supervision of the properties of such corporation.
3	(iii) Service: (A) Service upon a corporation under this section shall be deemed to include
4	service upon both the corporation and upon the person having active and general supervision of
5	the properties of such corporation.
6	(B) For purposes of calculating the time within which a claim for a hearing is made
7	pursuant to subdivision (21)(i) of this section heretofore, service shall be deemed to be the date of
8	receipt of such notice or three (3) days from the date of mailing of said notice, whichever shall
9	first occur.
10	(24) To conduct surveys of the present private and public camping and other recreational
11	areas available and to determine the need for and location of such other camping and recreational
12	areas as may be deemed necessary and in the public interest of the state of Rhode Island and to
13	report back its findings on an annual basis to the general assembly on or before March 1 of every
14	year;
15	(ii) Additionally, the director of the department of environmental management shall take
16	such additional steps, including but not limited to, matters related to funding as may be necessary
17	to establish such other additional recreational facilities and areas as are deemed to be in the public
18	interest.
19	(25) To apply for and accept grants and bequests of funds with the approval of the
20	director of administration from other states, interstate agencies and independent authorities, and
21	private firms, individuals and foundations, for the purpose of carrying out his or her lawful
22	responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt
23	account created in the Natural Resources Program for funds made available for that program's
24	purposes or in a restricted receipt account created in the Environmental Protection Program for
25	funds made available for that program's purposes. All expenditures from the accounts shall be
26	subject to appropriation by the general assembly, and shall be expended in accordance with the
27	provisions of the grant or bequest. In the event that a donation or bequest is unspecified or in the
28	event that the trust account balance shows a surplus after the project as provided for in the grant
29	or bequest has been completed, the director may utilize said appropriated unspecified or
30	appropriated surplus funds for enhanced management of the department's forest and outdoor
31	public recreation areas, or other projects or programs that promote the accessibility of recreational
32	opportunities for Rhode Island residents and visitors.
33	(ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by
34	October 1 of each year, a detailed report on the amount of funds received and the uses made of
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1	such funds.
2	(26) To establish fee schedules by regulation with the approval of the governor for the
3	processing of applications and the performing of related activities in connection with the
4	department's responsibilities pursuant to subdivision (12) of this section, chapter 19.1 of title 23
5	as it relates to inspections performed by the department to determine compliance with chapter
6	19.1 and rules and regulations promulgated in accordance therewith, chapter 18.9 of title 23 as it
7	relates to inspections performed by the department to determine compliance with chapter 18.9
8	and the rules and regulations promulgated in accordance therewith, chapters 19.5 and 23 of title
9	23; chapter 12 of title 46 insofar as it relates to water quality certifications and related reviews
10	performed pursuant to provisions of the federal Clean Water Act, the regulation and
11	administration of underground storage tanks and all other programs administered under chapter
12	12 of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46 insofar
13	as they relate to any reviews and related activities performed under the provisions of the
14	Groundwater Protection Act, chapter 23-24.9 as it relates to the regulation and administration of
15	mercury-added products, and chapter 17.7 of this title insofar as it relates to administrative
16	appeals of all enforcement, permitting and licensing matters to the administrative adjudication
17	division for environmental matters. Two (2) fee ranges shall be required: for "Appeal of
18	enforcement actions", a range of fifty dollars ($50) to one hundred dollars ($100), and for
19	"Appeal of application decisions", a range of five hundred dollars ($500) to ten thousand dollars
20	($10,000). The monies from the administrative adjudication fees will be deposited as general
21	revenues and the amounts appropriated shall be used for the costs associated with operating the
22	administrative adjudication division.
23	There is hereby established an account within the general fund to be called the water and
24	air protection program. The account shall consist of sums appropriated for water and air pollution
25	control and waste monitoring programs and the state controller is hereby authorized and directed
26	to draw his or her orders upon the general treasurer for the payment of such sums or such portions
27	thereof as may be required from time to time upon receipt by him or her of properly authenticated
28	vouchers. All amounts collected under the authority of this subdivision for the sewage disposal
29	system program and fresh waters wetlands program will be deposited as general revenues and the
30	amounts appropriated shall be used for the purposes of administering and operating the programs.
31	The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of
32	each year a detailed report on the amount of funds obtained from fines and fees and the uses made
33	of such funds.
34	(27) To establish and maintain a list or inventory of areas within the state worthy of
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1	special designation as "scenic" to include, but not be limited to, certain state roads or highways,
2	scenic vistas and scenic areas, and to make the list available to the public.
3	(28) To establish and maintain an inventory of all interests in land held by public and
4	private land trust and to exercise all powers vested herein to insure the preservation of all
5	identified lands.
6	(i) The director may promulgate and enforce rules and regulations to provide for the
7	orderly and consistent protection, management, continuity of ownership and purpose, and
8	centralized records-keeping for lands, water, and open spaces owned in fee or controlled in full or
9	in part through other interests, rights, or devices such as conservation easements or restrictions,
10	by private and public land trusts in Rhode Island. The director may charge a reasonable fee for
11	filing of each document submitted by a land trust.
12	(ii) The term "public land trust" means any public instrumentality created by a Rhode
13	Island municipality for the purposes stated herein and financed by means of public funds
14	collected and appropriated by the municipality. The term "private land trust" means any group of
15	five (5) or more private citizens of Rhode Island who shall incorporate under the laws of Rhode
16	Island as a nonbusiness corporation for the purposes stated herein, or a national organization such
17	as the nature conservancy. The main purpose of either a public or a private land trust shall be the
18	protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other
19	natural features, areas, or open space for the purpose of managing or maintaining, or causing to
20	be managed or maintained by others, the land, water, and other natural amenities in any
21	undeveloped and relatively natural state in perpetuity. A private land trust must be granted
22	exemption from federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. § 501(c)(3)]
23	within two (2) years of its incorporation in Rhode Island or it may not continue to function as a
24	land trust in Rhode Island. A private land trust may not be incorporated for the exclusive purpose
25	of acquiring or accepting property or rights in property from a single individual, family,
26	corporation, business, partnership, or other entity. Membership in any private land trust must be
27	open to any individual subscribing to the purposes of the land trust and agreeing to abide by its
28	rules and regulations including payment of reasonable dues.
29	(iii) Private land trusts will, in their articles of association or their bylaws, as appropriate,
30	provide for the transfer to an organization created for the same or similar purposes the assets,
31	lands and land rights and interests held by the land trust in the event of termination or dissolution
32	of the land trust.
33	(B) All land trusts, public and private, will record in the public records of the appropriate
34	towns and cities in Rhode Island all deeds, conservation easements or restrictions or other
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1	interests and rights acquired in land and will also file copies of all such documents and current
2	copies of their articles of association, their bylaws, and annual reports with the secretary of state,
3	and with the director of the Rhode Island department of environmental management. The director
4	is hereby directed to establish and maintain permanently a system for keeping records of all
5	private and public land trust land holdings in Rhode Island.
6	(29) The director will contact in writing, not less often than once every two (2) years,
7	each public or private land trust to ascertain: that all lands held by the land trust are recorded with
8	the director; the current status and condition of each land holding; that any funds or other assets
9	of the land trust held as endowment for specific lands have been properly audited at least once
10	within the two (2) year period; the name of the successor organization named in the public or
11	private land trust's bylaws or articles of association; and any other information the director deems
12	essential to the proper and continuous protection and management of land and interests or rights
13	in land held by the land trust. In the event that the director determines that a public or private land
14	trust holding land or interest in land appears to have become inactive, he or she shall initiate
15	proceedings to effect the termination of the land trust and the transfer of its lands, assets, land
16	rights, and land interests to the successor organization named in the defaulting trust's bylaws or
17	articles of association or to another organization created for the same or similar purposes. Should
18	such a transfer not be possible, then the land trust, assets, and interest and rights in land will be
19	held in trust by the state of Rhode Island and managed by the director for the purposes stated at
20	the time of original acquisition by the trust. Any trust assets or interests other than land or rights
21	in land accruing to the state under such circumstances will be held and managed as a separate
22	fund for the benefit of the designated trust lands.
23	(30) Consistent with federal standards, issue and enforce such rules, regulations and
24	orders as may be necessary to establish requirements for maintaining evidence of financial
25	responsibility for taking corrective action and compensating third parties for bodily injury and
26	property damage caused by sudden and non-sudden accidental releases arising from operating
27	underground storage tanks.
28	(31) To enforce, by such means as provided by law, the standards for the quality of air,
29	and water, and the location, design, construction and operation of all underground storage
30	facilities used for storing petroleum products or hazardous materials; any order or notice issued
31	by the director relating to the location, design construction, operation or maintenance of an
32	underground storage facility used for storing petroleum products or hazardous materials shall be
33	eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice
34	to the city or town wherein the subject facility is located, and the order or notice shall be recorded
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1	in the general index by the appropriate municipal officer in the land evidence records in the city
2	or town wherein the subject facility is located. Any subsequent transferee of that facility shall be
3	responsible for complying with the requirements of the order or notice. Upon satisfactory
4	completion of the requirements of the order or notice, the director shall provide written notice of
5	the same, which notice shall be eligible for recordation. The original written notice shall be
6	forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory
7	completion shall be recorded in the general index by the appropriate municipal official in the land
8	evidence records in the city or town wherein the subject facility is located. A copy of the written
9	notice shall be forwarded to the owner of the subject facility within five (5) days of a request for
10	it, and, in any event, shall be forwarded to the owner of the subject facility within thirty (30) days
11	after correction.
12	(32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in
13	accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage
14	Tank Financial Responsibility Act, as amended.
15	(33) To support, facilitate and assist the Rhode Island Natural History Survey, as
16	appropriate and/or as necessary, in order to accomplish the important public purposes of the
17	survey in gathering and maintaining data on Rhode Island natural history, making public
18	presentations and reports on natural history topics, ranking species and natural communities,
19	monitoring rare species and communities, consulting on open space acquisitions and management
20	plans, reviewing proposed federal and state actions and regulations with regard to their potential
21	impact on natural communities, and seeking outside funding for wildlife management, land
22	management and research.
23	(34) To promote the effective stewardship of lakes and ponds including collaboration
24	with associations of lakefront property owners on planning and management actions that will
25	prevent and mitigate water quality degradation, the loss of native habitat due to infestation of
26	non-native species and nuisance conditions that result from excessive growth of algal or non-
27	native plant species. By January 31, 2012, the director shall prepare and submit a report to the
28	governor and general assembly that based upon available information provides: (a) an assessment
29	of lake conditions including a description of the presence and extent of aquatic invasive species in
30	lakes and ponds; (b) recommendations for improving the control and management of aquatic
31	invasives species in lakes and ponds; and (c) an assessment of the feasibility of instituting a boat
32	sticker program for the purpose of generating funds to support implementation actions to control
33	aquatic invasive species in the freshwaters of the state.
34	(35) In implementing the programs established pursuant to this chapter, to identify
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1	critical areas for improving service to customers doing business with the department, and to
2	develop and implement strategies to improve performance and effectiveness in those areas. Key
3	aspects of a customer service program shall include, but not necessarily be limited to, the
4	following components:
5	(a) Maintenance of an organizational unit within the department with the express purpose
6	of providing technical assistance to customers and helping customers comply with environmental
7	regulations and requirements;
8	(b) Maintenance of an employee training program to promote customer service across the
9	department;
10	(c) Implementation of a continuous business process evaluation and improvement effort,
11	including process reviews to encourage development of quality proposals, ensure timely and
12	predictable reviews, and result in effective decisions and consistent follow up and implementation
13	throughout the department, and publish an annual report on such efforts;
14	(d) Creation of a centralized location for the acceptance of permit applications and other
15	submissions to the department;
16	(e) Maintenance of a process to promote, organize, and facilitate meetings prior to the
17	submission of applications or other proposals in order to inform the applicant on options and
18	opportunities to minimize environmental impact, improve the potential for sustainable
19	environmental compliance, and support an effective and efficient review and decision-making
20	process on permit applications related to the proposed project;
21	(f) Development of single permits under multiple authorities otherwise provided in state
22	law to support comprehensive and coordinated reviews of proposed projects. The director may
23	address and resolve conflicting or redundant process requirements in order to achieve an effective
24	and efficient review process that meets environmental objectives; and
25	(g) Exploration of the use of performance-based regulations coupled with adequate
26	inspection and oversight, as an alternative to requiring applications or submissions for approval
27	prior to initiation of projects. The department shall work with the office of regulatory reform to
28	evaluate the potential for adopting alternative compliance approaches and provide a report to the
29	governor and the general assembly by May 1, 2015.
30	SECTION 4. This article shall take effect as of July 1, 2014.
31	ARTICLE 19
32	RELATING TO EXECUTIVE OFFICE OF COMMERCE
33	SECTION 1. Section 42-35.1-5 of the General Laws in Chapter 42-35.1 entitled "Small
34	Business Regulatory Fairness in Administrative Procedures" is hereby amended to read as
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1	follows:
2	42-35.1-5. Small business enforcement ombudsman. -- (a) The director of the
3	economic development corporation office of regulatory reform shall designate an existing staff
4	member as a "small business regulatory enforcement ombudsman", who shall report directly to
5	the director.
6	(b) The ombudsman shall:
7	(1) Work with each agency with regulatory authority over small businesses to ensure that
8	small business concerns that receive or are subject to an audit, on-site inspection, compliance
9	assistance effort, or other enforcement related communication or contact by agency personnel are
10	provided with a means to comment on the enforcement activity conducted by such personnel;
11	(2) Establish means to receive comments from small business concerns regarding actions
12	by agency employees conducting compliance or enforcement activities;
13	(3) Within six (6) months of appointment, work with each regulating entity to develop
14	and publish reporting policies;
15	(4) Based on substantiated comments received from small business concerns the
16	ombudsman shall annually report to the general assembly and affected agencies evaluating the
17	enforcement activities of agency personnel including a rating of the responsiveness of the
18	regulatory agencies policies;
19	(5) Coordinate and report annually on the activities, findings and recommendations to the
20	general assembly and the directors of affected agencies; and
21	(6) Provide the affected agency with an opportunity to comment on reports prepared
22	pursuant to this chapter, and include a section of the final report in which the affected agency may
23	make such comments as are not addressed by the ombudsman.
24	SECTION 2. Sections 42-64.13-3, 42-64.13-5, and 42-64.13-6 of the General Laws in
25	Chapter 42-64.13 entitled "Rhode Island Regulatory Reform Act" are hereby amended to read as
26	follows:
27	42-64.13-3. Purposes of chapter. [Effective February 1, 2015.]. -- The purposes of this
28	chapter are to create within the Rhode Island executive office of commerce, office of
29	management and budget the office of regulatory reform that will facilitate the regular review of
30	Rhode Island's regulatory processes and permitting procedures, report thereon in an effort to
31	improve them and assist and facilitate economic development opportunities within the regulatory
32	and permitting processes and procedures that exist within Rhode Island state and municipal
33	government.
34	42-64.13-5. Creation of the office of regulatory reform. [Effective February 1,
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1	2015.]. -- The Rhode Island executive office of commerce office of management and budget shall
2	create an office of regulatory reform that shall be adequately staffed and supervised in order to
3	fulfill its functions as set forth in this chapter.
4	42-64.13-6. Director of office of regulatory reform. [Effective February 1, 2015.]. --
5	The office of regulatory reform shall be managed by a director of office of regulatory reform who
6	shall report to the secretary of commerce within the Rhode Island executive office of commerce
7	director of the office of management and budget.
8	SECTION 3. Sections 42-64.19-2, 42-64.19-3, 42-64.19-4, 42-64.19-5, 42-64.19-6, 42-
9	64.19-7, 42-64.19-8, 42-64.19-9, 42-64.19-10, 42-64.19-11, and 42-64.19-12 of the General Laws
10	in Chapter 42-64.19 entitled "Executive Office of Commerce" are hereby amended to read as
11	follows:
12	42-64.19-2. Purposes. [Effective February 1, 2015 July 1, 2015]. -- The Rhode Island
13	executive office of commerce is authorized, created, and established as the state's lead agency for
14	economic development throughout Rhode Island for the following purposes: To promote and
15	encourage the preservation, expansion, and sound development of new and existing industry,
16	business, commerce, agriculture, tourism, and recreational facilities in the state, which will
17	promote the economic development of the state and the creation of opportunities for economic
18	stability and employment through a business climate that fosters opportunity for all Rhode
19	Islanders.
20	42-64.19-3. Executive office of commerce.[Effective February 1, 2015 July 1, 2015]. -
21	- (a) There is hereby established within the executive branch of state government an executive
22	office of commerce effective February 1, 2015 July 1, 2015, to serve as the principal agency of
23	the executive branch of state government for managing the promotion of commerce and the
24	economy within the state and shall have the following powers and duties in accordance with the
25	following schedule:
26	(1) On or about February 1, 2015 July 1, 2015, to operate functions from the department
27	of business regulation;
28	(2) On or about April 1, 2015 September 1, 2015, to operate various divisions and
29	functions from the department of administration;
30	(3) On or before September 1, 2015 January 1, 2016, to provide to the Senate and the
31	House of Representatives a comprehensive study and review of the roles, functions, and programs
32	of the Department of Administration and the Department of Labor and Training to devise
33	recommendations and a business plan for the integration of these entities with the office of the
34	secretary of commerce. The governor may include such recommendations in the Fiscal Year 2017
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1	budget proposal.
2	(b) In this capacity, the office shall:
3	(1) Lead or assist state departments and coordinate business permitting processes in order
4	to:
5	(i) Improve the economy, efficiency, coordination, and quality of the business climate in
6	the state;
7	(ii) Design strategies and implement best practices that foster economic development and
8	growth of the state's economy;
9	(iii) Maximize and leverage funds from all available public and private sources, including
10	federal financial participation, grants and awards;
11	(iv) Increase public confidence by conducting customer centric operations whereby
12	commercial enterprise are supported and provided programs and services that will grow and
13	nurture the Rhode Island economy; and
14	(v) Be the state's lead agency for economic development.
15	(c) The office shall include the office of regulatory reform and other administration
16	functions which promote, enhance or regulate various service and functions in order to promote
17	the reform and improvement of the regulatory function of the state.
18	42-64.19-4. Secretary of commerce – Appointment. [Effective February 1, 2015 July
19	1, 2015.]. -- The executive office of commerce shall be administered by a secretary of commerce,
20	hereafter referred to as "secretary." The position of secretary is hereby created in the unclassified
21	service. The secretary shall be appointed by the governor with the advice and consent of the
22	senate. The secretary shall hold office at the pleasure of the governor and until a successor is
23	appointed and qualified. Before entering upon the discharge of duties, the secretary shall take an
24	oath to faithfully execute the duties of the office. The secretary shall be appointed by February 1,
25	2015 July 1, 2015.
26	42-64.19-5. Responsibilities of the secretary. [Effective February 1, 2015 July 1,
27	2015.] . – (a) The secretary shall be responsible to the governor for supervising the executive
28	office of commerce, improving the functions and operations of Rhode Island state government to
29	be clear, reliable, predictable, and as responsive and user-friendly to the state's business
30	community as is practicable, for managing and providing strategic leadership and direction to the
31	other divisions and departments under the jurisdiction of this chapter, for serving as the chief
32	executive officer of the Rhode Island commerce corporation, for convening the economic
33	development planning council to develop the economic development policy and strategic plan in
34	accordance with section 42-64.16, for serving as chair of the council of economic advisors in
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1	accordance with section 42-64.17; for serving as vice-chair of the Human Resources Investment
2	Council; and for chairing the Governor's Commerce and Workforce Cabinet established pursuant
3	to section 42-6.1.
4	(b) Notwithstanding any provision of law to the contrary, the secretary shall appoint the
5	chiefs/directors of the divisions/departments within the executive office of commerce with the
6	consent of the governor.
7	42-64.19-6. Duties of the secretary. [Effective February 1, 2015 July 1, 2015.]. -- The
8	secretary shall be subject to the direction and supervision of the governor for the oversight,
9	coordination and cohesive direction of state economic development activities of the state and in
10	ensuring the laws are faithfully executed, notwithstanding any law to the contrary. In this
11	capacity, the secretary of commerce shall be authorized to:
12	(1) Coordinate the administration and financing of various departments or divisions
13	within the office and to supervise the work of the Rhode Island commerce corporation.
14	(2) Serve as the governor's chief advisor and liaison to federal policymakers on economic
15	development as well as the principal point of contact in the state on any such related matters.
16	(3) Review and ensure the coordination of the development of an overarching economic
17	development plan as produced by the office.
18	(4) Receive from department directors, within the timelines specified, any information
19	and resources the secretary deems necessary in order to perform the reviews authorized in this
20	section;
21	(5) Engage in regulatory reform across all state agencies to protect the health and
22	wellbeing of Rhode Islanders while meeting business needs for a clear, predictable, and reliable
23	regulatory structure in the state; including the implementation of systems to enhance customer
24	service by simplifying and expediting state permitting processes.
25	(6)(5) Prepare and submit to the governor, the chairpersons of the house and senate
26	finance committees, and the caseload estimating conference, by no later than April 15 of each
27	year, a comprehensive overview of the Rhode Island economy. The secretary shall determine the
28	contents of the overview and shall determine the important economic data and information that
29	will inform the governor, and the revenue estimating committee on the economic conditions of
30	the state and future issues and forward looking projects of the Rhode Island economy.
31	(7)(6)The directors of the departments, as well as local governments and school
32	departments, shall assist and cooperate with the secretary in fulfilling this responsibility by
33	providing whatever information and support shall be necessary.
34	(8)(7) Resolve administrative, jurisdictional, operational, program, or policy conflicts
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1	among departments and their executive staffs and make necessary recommendations to the
2	governor.
3	(9)(8) Assure continued progress toward improving the quality, the accountability, and
4	the efficiency of state-administered programs to support the Rhode Island economy. In this
5	capacity, the secretary shall:
6	(i) Direct implementation of reforms in the economic development practices of the
7	departments that streamline and upgrade services, achieve greater economies of scale and
8	establish the coordinated system of the staff education, cross- training, and career development
9	services necessary to recruit and retain a highly-skilled, responsive, and engaged workforce;
10	(ii) Encourage departments to utilize consumer-centered approaches to service design and
11	delivery that expand their capacity to respond efficiently and responsibly to the diverse and
12	changing needs of the people and communities they serve;
13	(iii) Develop all opportunities to maximize resources by leveraging the state's purchasing
14	power, centralizing fiscal service functions related to budget, finance, and procurement,
15	centralizing communication, policy analysis and planning, and information systems and data
16	management, pursuing alternative funding sources through grants, awards and partnerships and
17	securing all available federal financial participation for programs and services provided through
18	the departments; and
19	(iv) Strengthen the financial support system for business and enterprises program
20	integrity, quality control and collections, and recovery activities by consolidating functions within
21	the office in a single unit that ensures all affected parties pay their fair share of the cost of
22	services and are aware of alternative financing.
23	(10)(9) Prepare and integrate comprehensive budgets for the commerce services
24	departments and functions and duties assigned to the office. The budgets shall be submitted to the
25	state budget office by the secretary, for consideration by the governor, on behalf of the state's
26	commerce agencies in accordance with the provisions set forth in § 35-3-4 of the Rhode Island
27	general laws.
28	(11)(10) Utilize objective data to evaluate economic development policy goals, resource
29	use and outcome evaluation and to perform short and long-term policy planning and
30	development.
31	(12)(11) Establishment of an integrated approach to interdepartmental information and
32	data management that complements and furthers the goals of the council of economic advisors
33	and that will facilitate the transition to consumer-centered system of state administered economic
34	development programs and services.
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1	(13)(12) At the direction of the governor or the general assembly, conduct independent
2	reviews of state-administered economic development programs, policies and related agency
3	actions and activities and assist the department directors in identifying strategies to address any
4	issues or areas of concern that may emerge thereof. The department directors shall provide any
5	information and assistance deemed necessary by the secretary when undertaking such
6	independent reviews.
7	(14)(13) Provide regular and timely reports to the governor and make recommendations
8	with respect to the state's economic development agenda.
9	(15)(14) Employ such personnel and contract for such consulting services as may be
10	required to perform the powers and duties lawfully conferred upon the secretary.
11	(16)(15) Implement the provisions of any general or public law or regulation related to
12	the disclosure, confidentiality and privacy of any information or records, in the possession or
13	under the control of the executive office or the departments assigned to the executive office, that
14	may be developed or acquired for purposes directly connected with the secretary's duties set forth
15	herein.
16	42-64.19-7. Departments/divisions assigned to the executive office – Powers and
17	duties. [Effective February 1, 2015 July 1, 2015.]. -- (a) The departments and/or divisions
18	assigned to the secretary shall:
19	(1) Exercise their respective powers and duties in accordance with their statutory
20	authority and the general policy established by the governor or by the secretary acting on behalf
21	of the governor or in accordance with the powers and authorities conferred upon the secretary by
22	this chapter;
23	(2) Provide such assistance or resources as may be requested or required by the governor
24	and/or the secretary; and
25	(3) Provide such records and information as may be requested or required by the
26	governor and/or the secretary to the extent allowed under the provisions of any applicable general
27	or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of
28	such records or information.
29	(4) Forward to the secretary copies of all reports to the governor.
30	(b) Except as provided herein, no provision of this chapter or application thereof shall be
31	construed to limit or otherwise restrict the departments, offices, or divisions assigned to the
32	secretary from fulfilling any statutory requirement or complying with any valid rule or regulation.
33	(c) The secretary shall determine in collaboration with the department directors whether
34	the officers, employees, agencies, advisory councils, committees, commissions, and task forces of
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1	the departments who were performing such functions shall be transferred to the office.
2	(d) In the transference of such functions, the secretary shall be responsible for ensuring:
3	(1) Minimal disruption of services to consumers;
4	(2) Elimination of duplication of functions and operations;
5	(3) Services are coordinated and functions are consolidated where appropriate;
6	(4) Clear lines of authority are delineated and followed;
7	(5) Cost savings are achieved whenever feasible;
8	(6) Program application and eligibility determination processes are coordinated and,
9	where feasible, integrated; and
10	(7) State and federal funds available to the office and the entities therein are allocated and
11	utilized for service delivery to the fullest extent possible.
12	(e) Except as provided herein, no provision of this chapter or application thereof shall be
13	construed to limit or otherwise restrict the departments under this section from fulfilling any
14	statutory requirement or complying with any regulation deemed otherwise valid.
15	(f) To ensure an orderly transfer of functions to the office of commerce the following
16	transition shall occur at the direction of the governor, secretary of commerce and the respective
17	directors of the department affected.
18	(g) On or about February 1, 2015 July 1, 2015, the office shall commence to operate all
19	functions currently assigned to the department of business regulation (DBR)
20	(h) On or about April 1, 2015 September 1, 2015, the office shall commence to operate
21	the regulatory reform and housing/community development functions currently assigned to the
22	department of administration.
23	(i) In addition to the requirements of RIGL § 35-3-7, budgets submitted by the impacted
24	state departments for state fiscal years 2015, and 2016, and 2017 shall include provisions to
25	implement this section.
26	42-64.19-8. Appointment of employees. [Effective February 1, 2015 July 1, 2015.]. –
27	The secretary, subject to the provisions of applicable state law, shall be the appointing authority
28	for all employees of the executive office of commerce. The secretary may assign this function to
29	such subordinate officers and employees of the executive office as may to him or her seem
30	feasible or desirable. The appointing authority of the secretary provided for herein shall not
31	affect, interfere with, limit, or otherwise restrict the appointing authority vested in the directors
32	for the employees of the departments under applicable general and public laws.
33	42-64.19-9. Appropriations and disbursements. [Effective February 1, 2015 July 1,
34	2015.]. – The general assembly shall annually appropriate such sums as it may deem necessary
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1	for the purpose of carrying out the provisions of this chapter. The state controller is hereby
2	authorized and directed to draw his or her orders upon the general treasurer for the payment of
3	such sum or sums, or so much thereof as may from time to time be required, upon receipt by him
4	or her of proper authenticated vouchers approved by the secretary of the executive office of
5	commerce, or his or her designee.
6	42-64.19-10. Rules and regulations. [Effective February 1, 2015 July 1, 2015.]. – The
7	executive office of commerce shall be deemed an agency for purposes of § 42-35-1, et seq. of the
8	Rhode Island general laws. The secretary shall make and promulgate such rules and regulations,
9	fee schedules not inconsistent with state law and fiscal policies and procedures as he or she deems
10	necessary for the proper administration of this chapter and to carry out the policy and purposes
11	thereof.
12	42-64.19-11. Severability. [Effective February 1, 2015 July 1, 2015.]. – If any
13	provision of this chapter or the application thereof to any person or circumstance is held invalid,
14	such invalidity shall not affect other provisions or applications of the chapter, which can be given
15	effect without the invalid provision or application, and to this end the provisions of this chapter
16	are declared to be severable.
17	42-64.19-12. Cooperation of other state executive branch agencies. [Effective
18	February 1, 2015 July 1, 2015.]. -- As may be appropriate from time to time, the departments
19	and other agencies of the state of the executive branch that have not been assigned to the
20	executive office of commerce under this chapter shall assist and cooperate with the executive
21	office as may be required by the governor requested by the secretary.
22	SECTION 4. Sections 42-102-2, 42-102-3 and 42-102-6 of the General Laws in Chapter
23	entitled "Rhode Island Human Resource Investment Council" are hereby amended to read as
24	follows:
25	42-102-2. Composition of council. [Effective until February 1, 2015 July 1, 2015.]. --
26	(a) Effective until January 1, 2005, the council shall be composed of twenty-seven (27) members
27	of whom no less than one-third (1/3) shall be women as follows:
28	(1) One shall be appointed by the governor from the nongovernmental sector to serve as
29	chairperson of the council;
30	(2) Eight (8) shall be appointed by the governor from the employer community, two (2)
31	of whom shall be from the nonprofit sector, and at least two (2) of whom must be women from
32	the following employer groups:
33	(i) Two (2) from companies with fewer than twenty-five (25) employees;
34	(ii) Two (2) from companies with twenty-five (25) to two hundred fifty (250) employees;
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1	(iii) Two (2) from companies with more than two hundred fifty (250) employees; and
2	(iv) Two (2) from minority-owned companies;
3	(3) Three (3) members from organized labor shall be appointed by the governor;
4	(4) One member from a community-based organization representing minorities shall be
5	appointed by the governor;
6	(5) One individual who serves as the chairperson of the governor's commission on
7	disabilities;
8	(6) Six (6) individuals shall serve on the council by virtue of their respective positions as
9	chairpersons of the following organizations:
10	(i) Three (3) individuals, who serve as chairpersons of their respective private industry
11	councils;
12	(ii) One individual who serves as chairperson of the Rhode Island state apprenticeship
13	council; and
14	(iii) One individual who serves as chairperson of the pathways to independence advisory
15	council;
16	(7) The president of the senate and the speaker of the house shall appoint one individual
17	each from their respective chambers to become members of the council;
18	(8) The directors or commissioners of the following four (4) departments and corporation
19	shall serve on the council: employment and training, Rhode Island economic development
20	corporation, human services, elementary and secondary education, and higher education;
21	(9) The executive director of the Rhode Island economic policy council shall serve on the
22	council; and
23	(10) Any individual serving on the council as of June 1, 2004 shall remain on the council
24	until the new members are appointed and confirmed by the senate.
25	(b) Effective January 1, 2005, the council shall be composed of fifteen (15) members,
26	thirteen (13) members appointed by the governor, with the advice and consent of the senate, at
27	least four (4) of whom shall be women, at least three (3) of whom shall be from minority
28	communities, and at least one of whom shall be a person with disabilities, as follows:
29	(1) One shall be appointed by the governor to serve as chairperson of the council;
30	(2) Six (6) shall be appointed by the governor from the employer community, in a manner
31	that is representative of employers of different sizes and sectors, including the nonprofit sector;
32	provided, however, that in the event that there is established a state workforce investment board
33	that is separate and distinct from the council, then one of the six (6) representatives of the
34	employer community shall be the chairperson of the state work force investment board, and if all
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1	employer community appointments have been duly made and are filled, then the appointed
2	chairperson of the state workforce investment board shall be made with the next available
3	appointment of a representative of the employer community;
4	(3) Four (4) members from organized labor shall be appointed by the governor;
5	(4) Two (2) members from community-based organizations shall be appointed by the
6	governor;
7	(5) The president of the senate and the speaker of the house shall appoint one individual
8	each from their respective chambers to be members of the council.
9	(c) Transitional Provisions. The council as provided for in subsection (b) shall assume
10	the powers, duties and responsibilities set forth in this chapter, and the council as provided for in
11	subsection (a) shall be terminated, and shall cease to exist and all the powers, duties, and
12	responsibilities of the council as provided for in subsection (a) shall be transferred to the council
13	as provided in subsection (b); the governor may appoint persons serving on the council as
14	provided for in subsection (a) to the council as provided for in subsection (b), as provided for in §
15	42-102-4(a), and may appoint an interim executive director who shall serve until such time as an
16	executive director is appointed in accordance with § 42-102-3(b). All rules, regulations,
17	decisions, actions, and approvals taken by the council as provided in subsection (a) shall remain
18	in full force and effect until superseded, amended, revised, or rescinded by the council as
19	provided for in subsection (b). The present council will continue its duties and responsibilities
20	until the new members of the council are appointed and a number sufficient to satisfy a quorum
21	are confirmed by the senate.
22	42-102-2. Composition of council. [Effective February 1, 2015 July 1, 2015.]. -- The
23	council shall be composed of fifteen (15) members, the secretary of commerce, who shall be vice-
24	chair, twelve (12) members appointed by the governor, with the advice and consent of the senate,
25	at least four (4) of whom shall be women, at least three (3) of whom shall be from minority
26	communities, and at least one of whom shall be a person with disabilities, as follows:
27	(1) One shall be appointed by the governor to serve as chairperson of the council;
28	(2) Five (5) shall be appointed by the governor from the employer community, in a
29	manner that is representative of employers of different sizes and sectors, including the nonprofit
30	sector; provided, however, that in the event that there is established a state workforce investment
31	board that is separate and distinct from the council, then one of the five (5) representatives of the
32	employer community shall be the chairperson of the state work force investment board, and if all
33	employer community appointments have been duly made and are filled, then the appointed
34	chairperson of the state workforce investment board shall be made with the next available
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1	appointment of a representative of the employer community;
2	(3) Four (4) members from organized labor shall be appointed by the governor;
3	(4) Two (2) members from community-based organizations shall be appointed by the
4	governor;
5	(5) The president of the senate and the speaker of the house shall appoint one individual
6	each from their respective chambers to be members of the council.
7	42-102-3. Officers. [Effective until February 1, 2015 July 1, 2015.]. -- (a) The position
8	of chairperson shall be unpaid and the individual that is appointed chairperson shall serve a three
9	(3) year term. The governor may reappoint the individual appointed chairperson to serve another
10	three (3) year term. The council shall elect from its own members a vice-chairperson, who is
11	authorized to preside over meetings in the absence of the chairperson.
12	(b) Executive director. The council, in consultation with the governor, shall appoint an
13	executive director who shall serve at the pleasure of the council, provided that the executive
14	director's initial engagement by the council shall be for a period of not more than three (3) years.
15	The position of executive director shall be in the unclassified service of the state and he or she
16	shall serve as the chief executive officer of the council.
17	42-102-3. Officers. [Effective February 1, 2015 July 1, 2015.]. -- (a) The position of
18	chairperson shall be unpaid and the individual that is appointed chairperson shall serve a three (3)
19	year term. The governor may reappoint the individual appointed chairperson to serve another
20	three (3) year term.
21	(b) The secretary of commerce shall be vice-chair, and is authorized to preside over
22	meetings in the absence of the chairperson.
23	(c) Executive director. The council, in consultation with the governor, shall appoint an
24	executive director who shall serve at the pleasure of the council, provided that the executive
25	director's initial engagement by the council shall be for a period of not more than three (3) years.
26	The position of executive director shall be in the unclassified service of the state and he or she
27	shall serve as the chief executive officer of the council.
28	42-102-6. Duties. [Effective until February 1, 2015 July 1, 2015.]. -- (a) The council
29	shall meet with other entities involved with vocational education, labor, and training and shall be
30	responsible for the planning of labor and training activities to ensure that a comprehensive and
31	cohesive plan is developed. The council shall take into consideration the needs of all segments of
32	the state's citizenry in establishing goals and training objectives.
33	(b) The council shall establish policy to ensure the effectiveness and efficiency of
34	programs and activities as they pertain to labor and training.
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1	(c) The council shall provide funding for special projects that will increase and improve
2	the skill base of Rhode Island's workforce. The council shall take into account labor market
3	information from the Rhode Island economic development corporation to help establish training
4	needs. In addition, the council shall have the following responsibilities:
5	(1) Prepare and submit by September 1, 1992 and thereafter annually, a proposed budget
6	for the ensuing year for the governor's approval;
7	(2) The auditor general shall conduct annual audits of all financial accounts and any other
8	audits that he or she shall deem necessary.
9	(3) Ensure that, for those contracts or grants characterized as training or upgrading, the
10	administrative expenses of the private or public entity awarded the contract or grant shall not
11	exceed fifteen percent (15%) of the total contract or grant.
12	(4) Receive any gifts, grants, or donations made and to disburse and administer them in
13	accordance with the terms thereof; and
14	(5) Allocate moneys from the job development fund for projects to implement the
15	recommendations of the council, including, but not limited to, technology transfers or technical
16	assistance to manufacturers to improve their operations through the use of appropriate
17	technologies; provided, that for fiscal year 2005, a minimum of three million four hundred
18	thousand dollars ($3,400,000) from the job development fund shall be allocated for adult literacy
19	programs.
20	(6) Within ninety (90) days after the end of each fiscal year, the council shall approve and
21	submit an annual report to the governor, the speaker of the house, the president of the senate, and
22	the secretary of state, of its activities during the fiscal year. The report shall provide: an operating
23	statement summarizing meetings or hearings held, meeting minutes if requested, subjects
24	addressed, decisions rendered, rules and regulations promulgated, studies conducted, policies and
25	plans developed, approved or modified, and programs administered or initiated; a consolidated
26	financial statement of all funds received and expended including the source of funds, a listing of
27	any staff supported by these funds, and a summary of clerical, administrative, professional or
28	technical reports received; a summary of performance during the previous fiscal year including
29	accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions or
30	other legal matters related to the authority of the council; a summary of any training courses held
31	pursuant to subsection 42-102-2(c); a briefing on anticipated activities in the upcoming fiscal
32	year; and findings and recommendations for improvement. The report, within thirty (30) days of
33	its completion, shall be posted electronically on the general assembly and secretary of state's
34	websites. The director of the department of administration shall be responsible for the
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1	enforcement of this provision.
2	42-102-6. Duties. [Effective February 1, 2015 July 1, 2015.]. -- (a) The council shall
3	meet with other entities involved with vocational education, labor, and training and shall be
4	responsible for the planning of labor and training activities to ensure that a comprehensive and
5	cohesive plan is developed. The council shall take into consideration the needs of all segments of
6	the state's citizenry in establishing goals and training objectives.
7	(b) The council shall establish policy to ensure the effectiveness and efficiency of
8	programs and activities as they pertain to labor and training, including the workforce needs of
9	state employers.
10	(c) The council shall provide funding for special projects that will increase and improve
11	the skill base of Rhode Island's workforce. The council shall take into account labor market
12	information from the Rhode Island economic development corporation to help establish training
13	needs. In addition, the council shall have the following responsibilities:
14	(1) Prepare and submit by September 1, 1992 and thereafter annually, a proposed budget
15	for the ensuing year for the governor's approval;
16	(2) The auditor general shall conduct annual audits of all financial accounts and any other
17	audits that he or she shall deem necessary.
18	(3) Ensure that, for those contracts or grants characterized as training or upgrading, the
19	administrative expenses of the private or public entity awarded the contract or grant shall not
20	exceed fifteen percent (15%) of the total contract or grant.
21	(4) Receive any gifts, grants, or donations made and to disburse and administer them in
22	accordance with the terms thereof; and
23	(5) Allocate moneys from the job development fund for projects to implement the
24	recommendations of the council, including, but not limited to, technology transfers or technical
25	assistance to manufacturers to improve their operations through the use of appropriate
26	technologies; provided, that for fiscal year 2005, a minimum of three million four hundred
27	thousand dollars ($3,400,000) from the job development fund shall be allocated for adult literacy
28	programs.
29	(6) Within ninety (90) days after the end of each fiscal year, the council shall approve and
30	submit an annual report to the governor, the speaker of the house, the president of the senate, and
31	the secretary of state, of its activities during the fiscal year. The report shall provide: an operating
32	statement summarizing meetings or hearings held, meeting minutes if requested, subjects
33	addressed, decisions rendered, rules and regulations promulgated, studies conducted, policies and
34	plans developed, approved or modified, and programs administered or initiated; a consolidated
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1	financial statement of all funds received and expended including the source of funds, a listing of
2	any staff supported by these funds, and a summary of clerical, administrative, professional or
3	technical reports received; a summary of performance during the previous fiscal year including
4	accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions or
5	other legal matters related to the authority of the council; a summary of any training courses held
6	pursuant to subsection 42-102-2(c); a briefing on anticipated activities in the upcoming fiscal
7	year; and findings and recommendations for improvement. The report, within thirty (30) days of
8	its completion, shall be posted electronically on the general assembly and secretary of state's
9	websites. The director of the department of administration shall be responsible for the
10	enforcement of this provision.
11	SECTION 5. This article shall take effect upon passage.
12	ARTICLE 20
13	RELATING TO BOARD OF EDUCATION
14	SECTION 1. Board of Education Organizational Structure.
15	WHEREAS, Pursuant to Rhode Island Public Law 2012, Chapter 241, Article 4, Section
16	3 enacted by the General Assembly, the Rhode Island Board of Education was established, "…to
17	modernize the manner in which education shall be governed for future generations"; and
18	WHEREAS, The Rhode Island Board of Education was charged by the General
19	Assembly to "…establish a plan for distributing the assets, responsibilities, powers, authorities,
20	and duties of the office of higher education to the three (3) higher education institutions and
21	appropriate state agencies"; and,
22	WHEREAS, The Board was responsible for submitting a permanent governance structure
23	to the General Assembly for consideration that at a minimum would: "…(1) Provide clear
24	guidance on statutory, legal, financial and contractual obligations; (2) Establish a policy
25	framework that furthers the goals of this chapter; and (3) Establish appropriate administrative
26	structures, support, policies and procedures."; now, therefore, be it
27	RESOLVED, That the Rhode Island Board of Education recommends the General
28	Assembly enact a new governance structure to effectuate the permanent establishment of the
29	Board of Education in order to achieve the goals articulated by the preamble of Rhode Island
30	Public Law 2012, Chapter 241, Article 4, Section 3.
31	SECTION 2. Chapter 16-32 of the General Laws entitled "University of Rhode Island" is
32	hereby amended by adding thereto the following section:
33	16-32-2.1. Additional powers of the President of the University.-- In addition to any
34	powers granted to the president of the University of Rhode Island by law or regulation, the
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1	president shall have the following additional powers and duties:
2	(a) To create, and consolidate departments, divisions, programs, and courses of study
3	within the university with the assistance of the commissioner of postsecondary education within
4	the approved role and scope adopted by the council on postsecondary education pursuant to § 16-
5	59-4. Any new or proposed eliminations of departments, divisions, programs or courses of study
6	that are outside the role and scope approved by the council shall require the review and approval
7	of the council on postsecondary education.
8	(b) To adopt a budget for the university and submit it to the council on postsecondary
9	education for approval.
10	(c) To be responsible for the general management of property of the university.
11	(d) To recommend to the council on postsecondary education, after consultation with the
12	commissioner of postsecondary education, tables of organization for the university.
13	(e) To submit to the office of postsecondary commissioner and to compile and analyze
14	the following information for presentation to the council on postsecondary education and the
15	board of education annually by May 1st the following:
16	(1) A detailed departmental breakdown of all faculty members employed at the university
17	by rank (including all professors, associate professors, assistant professors, lecturers, and
18	instructors) and tenure (tenured and non-tenured, and other) and by race (African American,
19	Hispanic, Native American, and Asian) and gender.
20	(2) A detailed report on current student enrollments for each class at the university by
21	race and gender, by academic department, and by outreach program (e.g. talent development),
22	guaranteed admissions program, and the current levels of funding and staff support for each of
23	these programs.
24	(3) A report on the current status of the African and Afro-American studies programs at
25	the university and a five (5) year budgetary history of the programs along with projections for
26	budgetary support for the next two (2) years.
27	(4) A plan for recruitment of African American and Hispanic faculty into tenure track
28	positions at each the university with specific reference to and planned involvement with the New
29	England higher education's minority faculty recruitment and development plan.
30	(5) Certified copies of the report shall be furnished to the council of postsecondary
31	education and the board of education.
32	SECTION 3. Chapter 16-33 of the General Laws entitled "Rhode Island College" is
33	hereby amended by adding thereto the following section:
34	16-33-2.1. Additional powers of the President of the College. -- In addition to any
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1	powers granted to the president of Rhode Island College by law or regulation, the president shall
2	have the following additional powers and duties:
3	(a) To create and consolidate departments, divisions, programs, and courses of study
4	within the college with the assistance of the commissioner of postsecondary education within the
5	approved role and scope adopted by the council on postsecondary education pursuant to § 16-59-
6	4. Any new or proposed eliminations of departments, divisions, programs or courses of study that
7	are outside the role and scope approved by the council shall require the review and approval of
8	the council on postsecondary education.
9	(b) To adopt a budget for the college and submit it to the council for postsecondary
10	education for approval.
11	(c) To be responsible for the general management of property of the college.
12	(d) To recommend to the council on postsecondary education, after consultation with the
13	commissioner of postsecondary, education tables of organization for the College.
14	(e) To submit to the office of postsecondary commissioner and to compile and analyze
15	the following information for presentation to the council for postsecondary education and the
16	board of education annually by May 1st the following:
17	(1) A detailed departmental breakdown of all faculty members employed at the college
18	by rank (including all professors, associate professors, assistant professors, lecturers, and
19	instructors) and tenure (tenured and non-tenured, and other) and by race (African American,
20	Hispanic, Native American, and Asian) and gender.
21	(2) A detailed report on current student enrollments for each class at the college by race
22	and gender, by academic department, and by outreach program (e.g. talent development),
23	guaranteed admissions program, and the current levels of funding and staff support for each of
24	these programs.
25	(3) A report on the current status of the African and Afro-American studies programs at
26	the college and a five (5) year budgetary history of the programs along with projections for
27	budgetary support for the next two (2) years.
28	(4) A plan for recruitment of African American and Hispanic faculty into tenure track
29	positions at each the college with specific reference to and planned involvement with the New
30	England higher education's minority faculty recruitment and development plan.
31	(5) Certified copies of the report shall be furnished to the council of postsecondary
32	education and the board of education.
33	SECTION 4. Chapter 16-33.1 of the General Laws entitled "Community College of
34	Rhode Island" is hereby amended by adding thereto the following section:
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1	16-33.1-2.1 Additional powers of the President of the College. -- In addition to any
2	powers granted to the president of the Community College of Rhode Island by law or regulation,
3	the president shall have the following additional powers and duties:
4	(a) To create and consolidate departments, divisions, programs, and courses of study
5	within the college with the assistance of the commissioner of postsecondary education within the
6	approved role and scope adopted by the council on postsecondary education pursuant to § 16-59-
7	4. Any new or proposed eliminations of departments, divisions, programs or courses of study that
8	are outside the role and scope approved by the council shall require the review and approval of
9	the council on postsecondary education.
10	(b) To adopt a budget for the college and submit it to the council on postsecondary
11	education for approval.
12	(c) To be responsible for the general management of property of the college.
13	(d) To recommend to the council on postsecondary education, after consultation with the
14	commissioner of postsecondary education, tables of organization for the college.
15	(e) To submit to the office of postsecondary commissioner and to compile and analyze
16	the following information for presentation to the council on postsecondary education and the
17	board of education annually by May 1st the following:
18	(1) A detailed departmental breakdown of all faculty members employed at the college
19	by rank (including all professors, associate professors, assistant professors, lecturers, and
20	instructors) and tenure (tenured and non-tenured, and other) and by race (African American,
21	Hispanic, Native American, and Asian) and gender.
22	(2) A detailed report on current student enrollments for each class at the college by race
23	and gender, by academic department, and by outreach program (e.g. talent development),
24	guaranteed admissions program, and the current levels of funding and staff support for each of
25	these programs.
26	(3) A report on the current status of the African and Afro-American studies programs at
27	the college and a five (5) year budgetary history of the programs along with projections for
28	budgetary support for the next two (2) years.
29	(4) A plan for recruitment of African American and Hispanic faculty into tenure track
30	positions at each the college with specific reference to and planned involvement with the New
31	England higher education's minority faculty recruitment and development plan.
32	(5) Certified copies of the report shall be furnished to the council on postsecondary
33	education and the board of education.
34	SECTION 5. Sections 16-59-1, 16-59-2, 16-59-4, 16-59-6, 16-59-7.1, 16-59-9 and 16-59-
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1	22 of the General Laws in Chapter 16-59 entitled "Board of Governors for Higher Education" are
2	hereby amended to read as follows:
3	16-59-1. Board of governors for higher education established Council on
4	Postsecondary Education established. -- (a) There is created a board of governors for higher
5	council on postsecondary education, sometimes referred to as the "board" or the "board of
6	governors" "council", which shall be and is constituted a public corporation, empowered to sue
7	and be sued in its own name, to have a corporate seal, and to exercise all the powers, in addition
8	to those specifically enumerated in this chapter, usually appertaining to public corporations
9	entrusted with control of postsecondary educational institutions and functions. The board shall be
10	protected from sudden changes in membership and reversal of policy by having staggered terms
11	for its public members. Upon its organization the board of governors council shall be invested
12	with the legal title (in trust for the state) to all property, real and personal, now owned by and/or
13	under the control or in custody of the board of regents for education for the use of the University
14	of Rhode Island, Rhode Island College, Community College of Rhode Island and the system of
15	community colleges of Rhode Island including all departments, divisions, and branches of these.
16	(b) The board of governors council is empowered to hold and operate the property in trust
17	for the state; to acquire, hold, and dispose of the property and other like property as deemed
18	necessary for the execution of its corporate purposes. The board of governors council is made
19	successor to all powers, rights, duties, and privileges formerly belonging to the board of regents
20	for education pertaining to postsecondary education and the board of governors for higher
21	education.
22	(c) The board of governors shall consist of thirteen (13) members as follows: twelve (12)
23	public members, appointed pursuant to the terms of § 16-59-2, one of whom shall be a full time
24	student in good standing at the University of Rhode Island, Rhode Island College or the
25	Community College of Rhode Island, and a member of the board of regents for elementary and
26	secondary education designated by the governor.
27	(d) The public members of the board of governors shall not be compensated for their
28	service in attending meetings or duly organized subcommittee meetings of the board.
29	(e) The governor shall designate one of the public members as chairperson of the board
30	of governors. The board may elect from among its members such other officers as it deems
31	necessary. Seven (7) voting members of the board shall constitute a quorum and a majority vote
32	of those present and voting shall be required for action.
33	(c) The council shall be the employer of record for higher education and the office of
34	postsecondary education. It shall retain all authority formerly vested in the board of education
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1	regarding the employment of faculty and staff at the public higher education institutions.
2	16-59-2. Appointment of members of the board of governors for higher education
3	council on postsecondary education. -- (a) The governor shall, with the advice and consent of
4	the senate establish the board establish the council for postsecondary education by appointing
5	eleven (11) seven (7) members of the board of education established pursuant to chapter 16-97 to
6	serve in staggered terms. as members of the council, until the expiration of their term as a
7	member of the board of education and their successor is appointed. In addition the governor shall
8	appoint one (1) student member who shall be a full time student in good standing at the
9	University of Rhode Island, Rhode Island College or the Community College of Rhode Island
10	and who shall serve in a non-voting, ex-officio capacity for a single two (2) year term and shall
11	rotate among the three (3) public institutions. The governor shall appoint the chair of the council
12	on an annual basis from among the seven (7) voting council members. The appointments shall be
13	made for terms of three (3) years commencing on February 1 in the year of the appointment and
14	ending on January 31 in the third (3rd) year thereafter, except in the case of the student member
15	whose appointment shall be for a period of two (2) years.
16	(b) At the expiration of their terms members shall remain and continue in their official
17	capacity until a new member is appointed and confirmed. Any vacancy among the public
18	members of the board shall be filled by appointment of the governor for the remainder of the
19	unexpired term. In the selection and appointment of members of the board, the governor shall
20	seek persons who best serve the entire needs of the state. Public members shall not be appointed
21	for more than three (3) successive three (3) year terms each; provided, however, that this
22	limitation shall not apply to that person designated as chairperson by the governor who may be a
23	member so long as he or she shall serve as chairperson. Student members shall be appointed by
24	the governor for a single two (2) year term and shall rotate among the three (3) public institutions.
25	(c) No person shall be eligible for appointment to the board after the effective date of this
26	act [March 24, 2006] unless he or she is a resident of this state.
27	(d) Members of the board shall be removable by the governor pursuant to the provisions
28	of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal
29	reasons unrelated to capacity or fitness for the office shall be unlawful.
30	16-59-4. Powers and duties of board the council on postsecondary education Powers
31	and duties of the council on postsecondary education. -- (a) The board of governors for higher
32	council on postsecondary education shall have, in addition to those enumerated in § 16-59-1, the
33	following powers and duties:
34	(1) To approve a systematic program of information gathering, processing, and analysis
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1	addressed to every level, aspect, and form of higher education in this state especially as that
2	information relates to current and future educational needs so that current needs may be met with
3	reasonable promptness and plans formulated to meet future needs as they arise in the most
4	efficient and economical manner possible.
5	(2) To develop and approve a master strategic plan defining implementing broad goals
6	and objectives for higher education in the state as established by the board of education, including
7	a comprehensive capital development program. These goals and objectives shall be expressed in
8	terms of what men and women should know and be able to do as a result of their educational
9	experience. The board of governors shall continuously evaluate the efforts and results of
10	education in the light of these objectives.
11	(3) To formulate broad policy to implement the goals and objectives established and
12	adopted by the board of governors education, to adopt standards and require enforcement and to
13	exercise general supervision over all higher public education in the state and over independent
14	higher education in the state as provided in subdivision (8) of this section. The board of governors
15	education and the council shall not engage in the operation or administration of any subordinate
16	committee, university, junior college, or community college, except its own office of higher
17	postsecondary education and except as specifically authorized by an act of the general assembly;
18	provided, the presidents of each institution of higher learning shall be the chief administrative and
19	executive officers of that institution; and provided that nothing contained in this section shall
20	prohibit their direct access to or interfere with the relationship between the presidents and the
21	board of governors education and the council. The adoption and submittal of the budget, the
22	approval of tables of organization, the creation, abolishment, and consolidation of departments,
23	divisions, programs, and courses of study, and the acquisition, holding, disposition, and general
24	management of property shall not be construed to come within the purview of the preceding
25	prohibition. The board shall communicate with and seek the advice of the commissioner of higher
26	education and all those concerned with and affected by its determinations as a regular procedure
27	in arriving at its conclusions and in setting its policy.
28	(4) To communicate with and seek the advice of the commissioner of postsecondary
29	education, the presidents of the public higher education institutions and all those concerned with
30	and affected by its determinations as a regular procedure in arriving at its conclusions and in
31	setting its policy.
32	(4)(5) To prepare and maintain a five (5) year funding plan for higher education that
33	implements the strategic financing recommendations of the board of education; to prepare with
34	the assistance of the commissioner of higher postsecondary education and to present annually to
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1	the state budget officer in accordance with § 35-3-4 a state higher educational budget, which shall
2	include, but not be limited to, the budget of the office of higher postsecondary education and the
3	budget of the state colleges. In the preparation of the budget, the board council shall determine
4	implement the priorities established by the board of education of expenditures for public higher
5	education purposes of state revenues and other public resources made available for the support of
6	higher public education. Prior to submitting the budget to the state budget officer as required by
7	the budget office instructions and this subsection, the council shall present the budget to the board
8	of education for its review and consent. Nothing contained in this subdivision shall authorize the
9	board council to alter the allocation of grants or aid otherwise provided by law.
10	(5)(6) To maintain an office of higher education postsecondary commissioner; to provide
11	for its staffing and organization; and to appoint manage and oversee a commissioner of higher
12	postsecondary education pursuant to duties and responsibilities defined in § 16-59-6 and § 16-59-
13	7, who shall serve at its pleasure. The commissioner of higher postsecondary education and the
14	office of higher education postsecondary commissioner shall have the duties and responsibilities
15	as defined in §§ 16-59-6 and 16-59-7.
16	(6)(7) To appoint and dismiss presidents of the public institutions of higher learning with
17	the assistance of the commissioner of higher postsecondary education, and to establish procedures
18	for this, and with the assistance of the commissioner to approve or disapprove vice presidents of
19	the public institutions of higher learning appointed by the respective presidents of the public
20	institutions of higher learning.
21	(7)(8) To establish other educational agencies or subcommittees necessary or desirable
22	for the conduct of any or all aspects of higher education and to determine all powers, functions,
23	and composition of any agencies or subcommittees and to dissolve them when their purpose shall
24	have been fulfilled.
25	(8)(9) To exercise the authority vested in the board of regents for education with relation
26	to independent higher educational institutions within the state under the terms of chapter 40 of
27	this title, and other laws affecting independent higher education in the state.
28	(9)(10) To enforce the provisions of all laws relating to higher education, public and
29	independent.
30	(10)(11) To be responsible for all the functions, powers, and duties which were vested in
31	the board of regents for education relating to higher education, including but not limited to the
32	following specific functions:
33	(i) To approve the tables of organization role and scope of programs at public institutions
34	of higher learning with the assistance of the commissioner of higher education postsecondary
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1	education which shall include but not be limited to populations to be served, the type and level of
2	programs and academic fields offered.
3	(ii) To adopt and require standard accounting procedures for the office of higher
4	education postsecondary commissioner and all public colleges and universities.
5	(iii) To create, abolish, and consolidate departments, divisions, programs, and courses of
6	study within the public colleges and universities with the assistance of the commissioner of
7	higher education after consultation with the presidents.
8	(iv)(iii) To establish approve a clear and definitive mission for each public institution of
9	higher learning with the assistance of the commissioner of higher education. postsecondary
10	education that is consistent with the role and scope of programs at the public institutions.
11	(v)(iv) To promote maximum efficiency, economy, and cooperation in the delivery of
12	public higher educational services in the state and cooperation with independent institutions of
13	higher education.
14	(11)(12) To incorporate into its own affirmative action reporting process periodic reports
15	monitoring specific faculty and staff searches by the chairperson of the search committee to
16	include the rationale for granting those interviews and the final hiring results. The institutions
17	must empower its affirmative action officer to monitor searches in this manner, to intervene
18	during the search, and, when necessary, to cause a search to cease if affirmative action goals are
19	not being adequately served.
20	(12)(13) To incorporate a specific category for accountability on affirmative action goals
21	and implementation as part of the board's annual evaluations and three (3) year reviews for the
22	presidents of each of the public institutions of higher education.
23	(13)(14) To make a formal request of the governor that whenever an opportunity arises to
24	make new appointments to the board, that the governor make every effort to increase the number
25	of African Americans, Native Americans, Asians, and Hispanics on the board.
26	(14) Within ninety (90) days after the end of each fiscal year, the board shall submit an
27	annual report to the governor, the speaker of the house of representatives, and the president of the
28	senate of its activities during that fiscal year. The report shall provide: an operating statement
29	summarizing meetings or hearings held, subjects addressed, decisions rendered, rules or
30	regulations promulgated, studies conducted, policies and plans developed, approved, or modified,
31	and programs administered or initiated; a consolidated financial statement of all funds received
32	and expended including the source of the funds, a listing of any staff supported by these funds,
33	and a summary of any clerical, administrative or technical support received; a summary of
34	performance during the previous fiscal year including accomplishments, shortcomings and
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1	remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the
2	authority of the board; a briefing on anticipated activities in the upcoming fiscal year; and
3	findings and recommendations for improvements. The director of the department of
4	administration shall be responsible for the enforcement of the provisions of this subsection.
5	(15) The board shall conduct a training course for newly appointed and qualified
6	members within six (6) months of their qualification. The course shall be developed by the
7	chairperson of the board, approved by the board, and conducted by the chairperson of the board.
8	The board may approve the use of any board or staff members or other individuals to assist with
9	training. The training course shall include instruction in the following areas: the provisions of
10	chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of
11	administration shall, within ninety (90) days of the effective date of this act [March 24, 2006],
12	prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and
13	38-2.
14	(15) To develop coherent plans for the elimination of unnecessary duplication in public
15	higher education and addressing the future needs of public education within the state in the most
16	efficient and economical manner possible.
17	(16) To delegate to the presidents of each public higher education institution the authority
18	and responsibility for operational and management decisions related to their institutions,
19	consistent with the goals of the statewide strategic plan for postsecondary education provided
20	however that the presidents may be required to provide information or updates to the council
21	regarding any delegated operational or management decisions.
22	16-59-6. Commissioner of higher postsecondary education Commissioner of
23	postsecondary education. -- The board council on postsecondary education shall appoint a
24	commissioner of higher postsecondary education with the advice and consent of the board of
25	education, who shall serve at the pleasure of the board council, provided that his or her initial
26	engagement by the board council shall be for a period of not more than three (3) years. For the
27	purpose of appointing, retaining, or dismissing a commissioner of higher postsecondary
28	education, the governor shall serve as an additional voting member of the board council, and
29	provided that in the case of a tie, the president of the senate shall cast the deciding vote. The
30	position of commissioner shall be in the unclassified service of the state and he or she shall serve
31	as the chief executive officer of the board of governors council on postsecondary education and
32	as the chief administrative officer of the office of higher education postsecondary commissioner.
33	The commissioner of higher postsecondary education shall have any duties that are defined in this
34	section and in this title and other additional duties as may be determined by the board council,
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1	and shall perform any other duties as may be vested in him or her by law. In addition to these
2	duties and general supervision of the office of higher education postsecondary commissioner and
3	the appointment of the several officers and employees of the office, it shall be the duty of the
4	commissioner of higher postsecondary education:
5	(1) To develop and implement a systematic program of information gathering,
6	processing, and analysis addressed to every aspect of higher education in the state, especially as
7	that information relates to current and future educational needs.
8	(2) To prepare a master strategic plan for higher education in the state aligned with the
9	goals of the board of education's strategic plan; to coordinate the goals and objectives of the
10	higher public education sector with the goals of the council on elementary and secondary
11	education, and activities of the independent higher education sector where feasible.
12	(3) To communicate with and seek the advice of those concerned with and affected by the
13	board of governors' education's and council's determinations.
14	(4) To implement broad policy as it pertains to the goals and objectives established by the
15	board of education and council on postsecondary education; to enforce standards and to exercise
16	general supervision promote better coordination between over higher public education in the
17	state, and over independent higher education in the state as provided in subdivision (11) of this
18	section and pre k -12 education; to assist in the preparation of the budget for public higher
19	education and to be responsible upon direction of the board council for the allocation of
20	appropriations, the acquisition, holding, and disposition, and general management of property.
21	(5) To be responsible for the coordination of the various higher educational functions of
22	the state so that maximum efficiency and economy can be achieved.
23	(6) To assist the board of education in preparation and maintenance of a five (5) year
24	strategic funding plan for higher education; to assist the board council in the preparation and
25	presentation annually to the state budget officer in accordance with § 35-3-4 of a total public
26	higher educational budget.
27	(7) To recommend to the board of governors, council on postsecondary education after
28	consultation with the presidents, a clear and definitive mission for each public institution of
29	higher learning.
30	(8) To recommend to the board of governors, after consultation with the presidents, tables
31	of organization for the public institutions of higher learning.
32	(9) To annually recommend to the board of governors, council on postsecondary
33	education after consultation with the presidents, the creation, abolition, retention, or consolidation
34	of departments, divisions, programs, and courses of study within the public colleges and
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1	universities to eliminate unnecessary duplication in public higher education and, to address the
2	future needs of public higher education in the state, and to advance proposals recommended by
3	the presidents of the public colleges and universities pursuant to sections 16-32-2.1, 16-33-2.1
4	and 16-33.1-2.1 of the general laws.
5	(10) To supervise the operations of the office of higher education postsecondary
6	commissioner and any other additional duties and responsibilities that may be assigned by the
7	board council.
8	(11) To perform the duties vested in the board of governors council with relation to
9	independent higher educational institutions within the state under the terms of chapter 40 of this
10	title and any other laws that affect independent higher education in the state.
11	(12) To be responsible for the administration of policies, rules, and regulations of the
12	board of governors the council on postsecondary education with relation to the entire field of
13	higher education within the state, not specifically granted to any other department, board, or
14	agency and not incompatible with law.
15	(13) To prepare standard accounting procedures for public higher education and all public
16	colleges and universities.
17	(14) To carry out the policies and directives of the board of governors education and the
18	council on postsecondary education through the office of higher education postsecondary
19	commissioner and through utilization of the resources of the public institutions of higher learning.
20	(15) To direct the office of higher education to compile and analyze the following
21	information for presentation to the speaker of the house and the governor by May 1st annually:
22	(A) A detailed departmental breakdown of all faculty members employed at each state
23	run college and university by rank (including all professors, associate professors, assistant
24	professors, lecturers, instructors) and tenure (tenured and non-tenured, other) and by race
25	(African American, Hispanic, Native American, and Asian) and gender.
26	(B) A detailed report on current student enrollments for each class at each state run
27	college and university by race and gender, by academic department, and by outreach program
28	(e.g. talent development), guaranteed admissions program, and the current levels of funding and
29	staff support for each of these programs.
30	(C) A report on the current status of the African and Afro-American studies programs at
31	each institution and a five (5) year budgetary history of the programs along with projections for
32	budgetary support for the next two (2) years.
33	(D) A plan for recruitment of African American and Hispanic faculty into tenure track
34	positions at each institution with specific reference to and planned involvement with the New
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1	England higher education's minority faculty recruitment and development plan.
2	(ii) Certified copies of the report shall be furnished to the board of governors and the
3	presidents of the state colleges and universities.
4	16-59-7.1. Permanent status for non-classified employees. -- All non-classified
5	employees of the board of governors council on postsecondary education who shall have twenty
6	(20) years, not necessarily consecutive, of service credit, these credits having been earned in
7	either the classified, non-classified, or unclassified service or any combination of these, shall be
8	deemed to have acquired full status in their positions as the status is defined by § 36-4-59;
9	provided that this provision shall not apply to those employees whose base entry date is after
10	August 7, 1996; and provided that this provision shall not apply to faculty employed by the board
11	of governors council on postsecondary education nor shall it apply to non-classified employees
12	who have acquired tenure as faculty.
13	16-59-9. Educational budget and appropriations. -- (a) The general assembly shall
14	annually appropriate any sums it deems necessary for support and maintenance of higher
15	education in the state and the state controller is authorized and directed to draw his or her orders
16	upon the general treasurer for the payment of the appropriations or so much of the sums that are
17	necessary for the purposes appropriated, upon the receipt by him or her of proper vouchers as the
18	board of governors for higher education council on postsecondary education may by rule provide.
19	The board council shall receive, review, and adjust the budgets of its several subordinate
20	committees and agencies and for the office of higher education postsecondary commissioner and
21	present the budget as part of the budget for higher education under the requirements of § 35-3-4.
22	(b) The office of higher education postsecondary commissioner and the institutions of
23	public higher education shall establish working capital accounts.
24	(c) Any tuition or fee increase schedules in effect for the institutions of public higher
25	education shall be received by the board of governors council on postsecondary education for
26	allocation for the fiscal year for which state appropriations are made to the board of governors
27	council by the general assembly; provided that no further increases may be made by the board of
28	governors education or the council on postsecondary education for the year for which
29	appropriations are made. Except that these provisions shall not apply to the revenues of housing,
30	dining, and other auxiliary facilities at the University of Rhode Island, Rhode Island College, and
31	the Community Colleges including student fees as described in P.L. 1962, ch. 257 pledged to
32	secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 as amended.
33	(d) All housing, dining, and other auxiliary facilities at all public institutions of higher
34	learning shall be self-supporting and no funds shall be appropriated by the general assembly to
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1	pay operating expenses, including principal and interest on debt services, and overhead expenses
2	for the facilities. Any debt service costs on general obligation bonds presented to the voters in
3	November 2000 and November 2004 or appropriated funds from the Rhode Island capital plan for
4	the housing auxiliaries at the University of Rhode Island and Rhode Island College shall not be
5	subject to this self-supporting requirement in order to provide funds for the building construction
6	and rehabilitation program. The institutions of public higher education will establish policies and
7	procedures which enhance the opportunity for auxiliary facilities to be self-supporting, including
8	that all faculty provide timely and accurate copies of booklist for required textbooks to the public
9	higher educational institution's bookstore.
10	(e) The additional costs to achieve self-supporting status shall be by the implementation
11	of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,
12	operating expenses, principal, and interest on debt services, and overhead expenses.
13	16-59-22. Applicability of merit system – Teacher certification – List of positions
14	transferable to classified service. -- (a) The appointment, promotion, salaries, tenure, and
15	dismissal of administrative, instructional, and research employees, and secretarial employees not
16	exceeding ten (10) in number, of the state colleges shall not be subject in any manner or degree to
17	control by the personnel administrator or by any officer or board other than the board of
18	governors for higher education council on postsecondary education. The certification of teachers
19	at the University of Rhode Island is abolished, except for teachers that elect to come or remain
20	under it.
21	(b) All positions that are exempt from the Merit System Law, chapter 4 of title 36, which
22	become vacant or that are to be established, must be forwarded to the personnel administrator,
23	who in consultation with the deputy assistant commissioner of education in charge of personnel
24	and labor relations shall determine whether the position(s) in question shall remain in the board of
25	governors for higher education council on postsecondary education non-classified service or be
26	established in the classified service of the state.
27	(c) No position presently in the classified service of the state subject to the Merit System
28	Law, chapter 4 of title 36, shall be changed or modified so as to establish the position in the board
29	of governors for higher education council on postsecondary education non-classified service.
30	(d) Faculty positions, presidents, vice presidents, deans, assistant deans, and student
31	employees of the higher education institutions shall not be covered by the preceding provisions
32	and shall remain in the board of governors for higher education council on postsecondary
33	education non-classified service.
34	SECTION 6. Sections 16-59-4.1 and 16-59-8 of the General Laws in Chapter 16-59
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1	entitled "Board of Governors for Higher Education" are hereby repealed.
2	16-59-4.1. Administration of higher education. -- The director of the department of
3	administration is hereby directed to conduct research and analysis to recommend a revised plan
4	for the organizational structure for higher education governance, staff support and resource
5	allocation in Rhode Island. This plan shall address the goal of improving affordability and
6	accessibility to public higher education; and maximizing efficiencies while providing sufficient
7	support to the governance structure of public higher education. The director of the department of
8	administration is directed to report findings, recommendations and alternative designs to the
9	general assembly no later than November 1, 2011 with copies to the speaker of the house, senate
10	president, chairs of the house and senate finance committees and their respective fiscal advisors.
11	The report shall include a strategic plan that outlines the mission, goals, and the estimated
12	cost and timelines to implement said recommendations. The report shall provide a clear definition
13	of roles and responsibilities, including those responsible for implementing the proposed
14	recommendations. The analysis shall develop measures of success, and an appropriate timeline to
15	measure implementation progress. It shall also include:
16	(1) An examination of the various organizational structures in other states, evaluating
17	their strengths and weaknesses, and how they may or may not be applicable in Rhode Island. This
18	should include an evaluation of the best practices regarding organizational structures for higher
19	education.
20	(2) An analysis of what functions could be allocated to other institutions, and which
21	might be centralized to translate into efficiencies and more effective higher education policy. This
22	should include, but not be limited to, strategies to reorganize and or centralize finance,
23	purchasing, human resources, information technology, and facilities management within an office
24	of higher education, with specific direction on the allocation of resources, staff and
25	responsibilities.
26	The report should explore the feasibility of permanently allocating all operational
27	activities and other responsibilities currently held within the office of higher education to the
28	three (3) higher education institutions or other viable alternatives while maintaining the board of
29	governors.
30	All departments and agencies of the state shall furnish such advice and information,
31	documentary or otherwise to the director of the department of administration and its agents as is
32	deemed necessary or desirable to facilitate the purposes of the study.
33	16-59-8. Operating executive committee. -- (a) There is established an operating
34	executive committee which shall be composed of the president of the University of Rhode Island,
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1	the president of Rhode Island College, the president of Community College of Rhode Island and
2	the commissioner of higher education. The commissioner of higher education shall serve as the
3	chairperson of the committee.
4	(b) The committee shall meet on a regular basis, provided, that they shall meet not less
5	than twelve (12) times per year, and the purpose of the committee shall include but not be limited
6	to developing coherent plans for the elimination of unnecessary duplication in public higher
7	education and addressing the future needs of public higher education within the state in the most
8	efficient and economical manner possible. All recommendations and information gathered at the
9	meetings of the committee shall be forwarded to the board of governors by the commissioner of
10	higher education in conjunction with the presidents for approval and disapproval.
11	(c) Prior to the presentation of any proposal to the board of governors, the committee
12	shall fully examine its impact on higher education, including but not limited to its impact on
13	educational budgetary requirements, quality of higher education and elimination of unnecessary
14	duplication. The chairperson of the committee may invite additional participation by faculty and
15	other employees when he or she deems it necessary.
16	SECTION 7. Sections 16-60-1, 16-60-2, 16-60-4 and 16-60-6 of the General Laws in
17	Chapter 16-60 entitled "Board of Regents for Elementary and Secondary Education" are hereby
18	amended to read as follows:
19	16-60-1. Board council on elementary and secondary education established. -- (a)
20	There is created a board of regents for elementary and secondary education sometimes referred to
21	as the "regents" or the "board of regents," council on elementary and secondary education which
22	shall be and is constituted a public corporation, empowered to sue and be sued in its own name, to
23	have a corporate seal, and to exercise all the powers, in addition to those specifically enumerated
24	in this chapter, usually appertaining to public corporations entrusted with control of elementary
25	and secondary education institutions and functions. The regents council on elementary and
26	secondary education shall be protected from sudden changes in membership and reversal of
27	policy by having staggered terms for its public members.
28	(b) Upon its organization the board of regents council on elementary and secondary
29	education shall be invested with the legal title (in trust for the state) to all property, real and
30	personal, now owned by and/or under the control or in the custody of the board of regents for
31	education for the use of the department of elementary and secondary education. The board of
32	regents council on elementary and secondary education is made successor to all powers, rights,
33	duties, and privileges pertaining to elementary and secondary education.
34	(c) The board of regents for elementary and secondary education shall consist of ten (10)
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1	members as follows: Eight (8) public members appointed pursuant to the terms of subsection 16-
2	60-2(a), one student member who shall be ex-officio and nonvoting elected pursuant to the
3	provisions of subsection 16-60-2(d), and a member of the board of governors for higher education
4	designated by the governor council on elementary and secondary education shall consist of seven
5	(7) members appointed by the governor from the membership of the board of education
6	established pursuant to section 16-97-1 of the general laws. Five (5) voting members of the board
7	shall constitute a quorum and the vote of a majority vote of those present and voting shall be
8	required for action.
9	The public members of the board of regents council on elementary and secondary
10	education shall not be compensated for service in attending meetings or duly organized
11	subcommittee meetings of the board of education or the council at which business is transacted.
12	(d) The governor shall designate one of the public members as chairperson of the board
13	of regents council on elementary and secondary education. The board council may elect from
14	among its members such other officers as it deems necessary.
15	(e) The council on elementary and secondary education is made successor to all powers,
16	rights, duties, and privileges formerly belonging to the board of regents for elementary and
17	secondary education, unless otherwise specified in law.
18	16-60-2. Appointment of board members. -- (a) The governor shall with the advice and
19	consent of the senate establish the board by appointing eight (8) members to serve staggered
20	terms. The appointments shall be made for terms of three (3) years commencing on February 1 in
21	the year of appointment and ending on January 31 in the third (3rd) year after this, except, at the
22	expiration of their terms members shall remain and continue in their official capacity until a new
23	member is appointed and confirmed. Any vacancy among the public members of the board shall
24	be filled by appointment of the governor for the remainder of the unexpired term. In the selection
25	and appointment of members of the board the governor shall seek persons who best serve the
26	entire needs of the state. Public members shall not be appointed for more than three (3)
27	successive three (3) year terms each; provided, that this limitation shall not apply to that person
28	designated as chairperson by the governor who may be a member so long as he or she shall serve
29	as chairperson. establish the council on elementary and secondary education by appointing seven
30	(7) members of the board of education established pursuant to chapter 16-97 to serve as members
31	of the council until the expiration of their term and appointment of their successor as a member of
32	the board of education. The governor shall appoint the chair of the council on an annual basis
33	from among the seven (7) council members.
34	(b) No person shall be eligible for appointment to the board after the effective date of this
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1	act [March 24, 2006] unless he or she is a resident of this state.
2	(c) Members of the board council on elementary and secondary education shall be
3	removable by the governor pursuant to the provisions of § 36-1-7 of the general laws and for
4	cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for
5	the office shall be unlawful.
6	(d) There is hereby established a student advisory council to the board of regents council
7	on elementary and secondary education, consisting of one elected high school student
8	representative from each public secondary school in the state of Rhode Island.
9	(1) Each public secondary school shall hold elections for its representative to the student
10	advisory council no earlier than the first (1st) day of March and no later than the end of the
11	second (2nd) full week of April. Each school shall elect only one representative. Elected members
12	shall be notified of their election on or before the Friday of the third (3rd) week of April of the
13	year of their election. No person shall be eligible to be elected to the student advisory council
14	unless at the time of his or her election he or she is enrolled as a student in a secondary school
15	between the grades of nine (9) and eleven (11) within the state of Rhode Island. No person shall
16	be allowed to vote if they are not currently enrolled in a Rhode Island public secondary school
17	between the grades of nine (9) and eleven (11). If at any time during his or her term of office a
18	member of the student advisory council ceases to be so enrolled, his or her membership shall be
19	terminated and his or her position shall be deemed vacant. This vacancy shall be filled by the
20	public secondary school within thirty (30) school days of the opening of the vacancy.
21	(2) The student advisory council will serve from the first (1st) day of May of the year it is
22	elected until the last day of April of the following year. A student may serve no more than three
23	(3) terms.
24	(3) Said student advisory council shall meet from time to time and shall consider such
25	matters as it deems appropriate.
26	(4) Prior to the first (1st) day of June of each annual session the student advisory council
27	shall adopt a set of bylaws.
28	(5) Members of the council shall not be compensated for service in attending meetings
29	except that they shall be reimbursed for necessary expenses incurred in travelling to and from
30	meetings.
31	(6) The members of said student advisory council shall, by majority vote prior to the first
32	(1st) day of June in each year, elect from their members a chairperson who shall serve for a term
33	of one year beginning on the first (1st) day of June. Said chairperson shall serve as an ex officio
34	and nonvoting member of the board of regents council for a term of one year, unless the student
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1	advisory council removes said chairperson from his or her position in a manner described within
2	the bylaws of that council and/or if he or she is otherwise removed by the governor.
3	16-60-4. Board of regents for elementary and secondary education Council on
4	elementary and secondary education– Powers and duties. -- The board of regents for
5	elementary and secondary education Council on Elementary and Secondary Education shall have
6	in addition to those enumerated in § 16-60-1, the following powers and duties:
7	(1) To approve a systematic program of information gathering, processing, and analysis
8	addressed to every aspect of elementary and secondary education in this state especially as that
9	information relates to current and future educational needs so that current needs may be met with
10	reasonable promptness and plans formulated to meet future needs as they arise in the most
11	efficient and economical manner possible.
12	(2) To approve a master plan defining implementing the broad goals and objectives for
13	elementary and secondary education in the state that have been established by the board of
14	education. These goals and objectives shall be expressed in terms of what men and women should
15	know and be able to do as a result of their educational experience. The regents council on
16	elementary and secondary education shall continually evaluate the efforts and results of education
17	in the light of these objectives.
18	(3) To formulate broad policy to implement the goals and objectives established and
19	adopted by the board of regents; to adopt standards and require enforcement and to exercise
20	general supervision over all elementary and secondary public and nonpublic education in the state
21	as provided in subdivision (8) of this section. The board of regents council on elementary and
22	secondary education shall not engage in the operation or administration of any subordinate
23	committee, local school district, school, school service, or school program, except its own
24	department of elementary and secondary education, and except as specifically authorized by an
25	act of the general assembly. The adoption and submittal of the budget and the allocation of
26	appropriations, the acquisition, holding, disposition, and general management of property shall
27	not be construed to come within the purview of the preceding prohibition. The regents council on
28	elementary and secondary education shall communicate with and seek the advice of the
29	commissioner of elementary and secondary education and all those concerned with and affected
30	by its determinations as a regular procedure in arriving at its conclusions and in setting its policy.
31	(4) To allocate and coordinate the various educational functions among the educational
32	agencies of the state and local school districts and to promote cooperation among them so that
33	maximum efficiency and economy shall be achieved.
34	(5) To prepare with the assistance of the commissioner of elementary and secondary
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1	education and to present annually to the state budget officer, in accordance with § 35-3-4, a total
2	educational budget for the elementary and secondary sector which shall include, but not be
3	limited to, the budgets of the department of elementary and secondary education, subordinate
4	boards and agencies, and state aid to local school districts. Prior to submitting the budget as
5	required by the budget office instructions and this subsection the council shall present the budget
6	to the board of education for review and consent.
7	(ii) In the preparation of the budget, the regents council on elementary and secondary
8	education shall determine implement the priorities established by the board of education of
9	expenditures for elementary and secondary education purposes of state revenues and other public
10	resources made available for the support of public elementary and secondary education among
11	the various education agencies of the state. Nothing contained in this section shall authorize any
12	individual or group of individuals to reallocate resources in a manner other than that prescribed in
13	the budget as appropriations by the general assembly.
14	(6) To maintain a department of elementary and secondary education, to provide for its
15	staffing and organization and to appoint a commissioner of elementary and secondary education
16	pursuant to § 16-60-6 who shall serve at its pleasure. The commissioner of elementary and
17	secondary education and the department of elementary and secondary education shall have any
18	duties and responsibilities as defined in §§ 16-60-6 and 16-60-7.
19	(7) To establish other educational agencies or subcommittees necessary or desirable for
20	the conduct of any or all aspects of elementary and secondary education and to determine all
21	powers, functions, and composition of any agencies or subcommittees and to dissolve them when
22	their purpose shall have been fulfilled; provided that nothing contained in this subdivision shall
23	be construed to grant the regents the power to establish subcommittees or agencies performing the
24	duties and functions of local school committees except as provided in § 16-1-10.
25	(8) To exercise the authority previously vested in the board of regents for education with
26	relation to secondary nonpublic educational institutions within the state under the terms of
27	chapter 40 of this title and other laws affecting nonpublic education in the state, and to cause the
28	department of elementary and secondary education to administer the provisions of that section.
29	(9) To exercise all the functions, powers and duties which previously were vested in the
30	board of regents for education, under the provisions of former § 16-49-4(9), including but not
31	limited to the following specific functions:
32	(i) To approve the basic subjects and courses of study to be taught and instructional
33	standards required to be maintained in the public elementary and secondary schools of the state.
34	(ii) To adopt standards and qualifications for the certification of teachers and to provide
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1	for the issuance of certificates, and to establish fees for the certification of teachers. The fees
2	collected for the certification of teachers along with various education licensing and testing fees
3	shall be deposited by the board of regents council on elementary and secondary education as
4	general revenues. The funds appropriated by the general assembly shall be utilized by the
5	department of elementary and secondary education to establish and support programs which
6	enhance the quality and diversity of the teaching profession. The commissioner of elementary and
7	secondary education shall regularly make recommendations to the board about specific programs
8	and projects to be supported by those funds. The commissioner shall oversee the funds, assess the
9	effectiveness of its programs and projects, and make recommendations about the general use and
10	operation of the funds to the board.
11	(iii) To be responsible for the distribution of state school funds.
12	(iv) To determine the necessity of school construction and to approve standards for
13	design and construction of school buildings throughout the state.
14	(v) To set standards for school libraries and school library services.
15	(vi) To make recommendations relative to transportation of pupils to school, school bus
16	routes, time schedules, and other matters relating to pupil transportation.
17	(vii) To enforce the provisions of all laws relating to elementary and secondary
18	education.
19	(viii) To decide and determine appeals from decisions of the commissioner.
20	(ix) To prescribe forms for the use of local school committees and local officers when
21	reporting to the department of elementary and secondary education.
22	(x) To adopt and require standard accounting procedures for local school districts, except
23	as provided for in subdivision (3) of § 16-24-2.
24	(xi) To adopt and require standard uniform operating and capital budgeting procedures
25	for local school districts.
26	(10) To establish rules for the approval and accrediting of elementary and secondary
27	schools.
28	(11) To recommend to the general assembly changes in the size and number of the school
29	districts within the state; and to make any further and other recommendations to the general
30	assembly as the board of regents may determine to be necessary or desirable, including, but not
31	limited to, proposals for incentives for the coordination of services and facilities of certain school
32	districts and the feasibility of granting taxing authority to local school committees upon their
33	request, and the impact upon the quality of education within that particular community by
34	granting the request. In carrying out this duty, the board of regents council on elementary and
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1	secondary education shall periodically issue reports in school district organizations for selected
2	regions and school districts.
3	(12) To exercise all other powers with relation to the field of elementary and secondary
4	education within this state not specifically granted to any other department, board, or agency, and
5	not incompatible with law, which the board of regents for elementary and secondary education
6	council on elementary and secondary education may deem advisable.
7	(13) To exercise the authority previously vested in the board of regents for education with
8	relation to adult education as defined in § 16-58-2 and to establish definitive goals for and operate
9	a comprehensive delivery system for adult education programs and services, including the
10	counseling and testing of persons interested in obtaining high school equivalency diplomas, the
11	issuance of diplomas, and the maintenance of a permanent record of applications, tests, and
12	equivalency diplomas.
13	(14) To promote maximum efficiency and economy in the delivery of elementary and
14	secondary educational services in the state.
15	(15) To approve a training program for school committee members to enhance their
16	individual skills and their effectiveness as a corporate body. The training program should include,
17	but not be limited to, the following roles and responsibilities of school committees: strategic
18	planning, human and community relations, and school finance and budgeting.
19	(16) Within ninety (90) days after the end of each fiscal year, the board shall submit an
20	annual report to the governor, the speaker of the house of representatives, and the president of the
21	senate of its activities during that fiscal year. The report shall provide: an operating statement
22	summarizing meetings or hearings held, subjects addressed, decisions rendered, rules or
23	regulations promulgated, studies conducted, policies and plans developed, approved, or modified,
24	and programs administered or initiated; a consolidated financial statement of all funds received
25	and expended including the source of the funds, a listing of any staff supported by these funds,
26	and a summary of any clerical, administrative or technical support received; a summary of
27	performance during the previous fiscal year including accomplishments, shortcomings and
28	remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the
29	authority of the board council; a briefing on anticipated activities in the upcoming fiscal year; and
30	findings and recommendations for improvements. The director of the department of
31	administration shall be responsible for the enforcement of the provisions of this subsection.
32	(17) To prepare with the assistance of the commissioner a multi-year plan of priority
33	educational goals and objectives. This plan should recommend policy objectives, implementation
34	strategies, and a timetable for major policy initiatives.
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1	(18) Each year the governor shall by writing notify the board of regents for elementary
2	and secondary education council on elementary and secondary education concerning broad
3	economic, cultural, and social needs that the education system needs to consider which the board
4	shall address in developing educational plans and programs.
5	(19) Appoint a standing committee that will develop a schedule to systematically review
6	all board council policies over a three (3) year period.
7	(20) To prepare with the assistance of the commissioner a statement of regulatory policy.
8	This policy should set forth the goals and objectives of state regulations which are expressed in
9	terms of what educational inputs and outputs the board expects regulations to address.
10	(21) To prepare with the assistance of the commissioner of elementary and secondary
11	education and to present annually to the general assembly by January 1 a report on school
12	discipline in Rhode Island schools. This report shall include:
13	(A) Expulsions by district, including duration and the reason for each action.
14	(B) Suspensions by district, including duration and the reason for each action.
15	(C) Placements to alternative programs for disciplinary reasons.
16	(D) Assaults of teachers, students, and school staff by students.
17	(E) Incidents involving possession of weapons on school property. For the purpose of this
18	section, a weapon shall be considered any of those weapons described in §§ 11-47-2 and 11-47-
19	42.
20	(F) Incidents of the sale of controlled substances by students.
21	(G) Incidents of the possession with the intent to sell controlled substances by students.
22	(H) Additional demographic information including, but not limited to, the ethnic and
23	racial classifications, age, and gender, as prescribed by the commissioner, of each of the students
24	involved in the incidents, events or actions described in subparagraphs (A) through (G) of this
25	subdivision.
26	(I) A description of the education program provided to each student suspended for over
27	ten (10) consecutive school days in a school year.
28	(ii) All school superintendents shall supply the necessary information on forms
29	established by the commissioner of elementary and secondary education to the board of regents
30	council on elementary and secondary education to assist in the preparation of the board of regents'
31	council's report on school discipline.
32	(22) To prepare and promulgate a uniform statewide school reporting system which
33	would provide information including, but not limited to, the following:
34	(i) Student and teacher attendance rates;
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1	(ii) Standardized test scores;
2	(iii) Demographic profiles;
3	(iv) Results of polls of students, parents, and teachers;
4	(v) Descriptions of goals, initiatives, and achievements;
5	(vi) Best teaching practices;
6	(vii) Alternative student assessments;
7	(viii) Special programs;
8	(ix) Number of student suspensions and teacher grievances and the amount of parental
9	involvement.
10	(23) The board shall conduct a training course for newly appointed and qualified
11	members within six (6) months of their qualification. The course shall be developed by the
12	chairperson of the board, approved by the board, and conducted by the chairperson of the board.
13	The board may approve the use of any board or staff members or other individuals to assist with
14	training. The training course shall include instruction in the following areas: the provisions of
15	chapters 42-46, 36-14, and 38-2; and the board's own rules. The director of the department of
16	administration shall, within ninety (90) days of the effective date of this act, prepare and
17	disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2.
18	16-60-6. Commissioner of elementary and secondary education. -- The regents
19	council on elementary and secondary education, with the advice and consent of the board of
20	education, shall appoint a commissioner of elementary and secondary education who shall serve
21	at the pleasure of the regents council on elementary and secondary education, provided that the
22	commissioner's initial engagement by the regents council shall be for a period of not more than
23	three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner, the
24	governor shall serve as an additional voting member of the board of regents council on
25	elementary and secondary education, and provided that in the case of a tie, the president of the
26	senate shall cast the deciding vote. The position of commissioner shall be in the unclassified
27	service of the state and he or she shall serve as the chief executive officer of the board of regents
28	council on elementary and secondary education and as the chief administrative officer of the
29	department of elementary and secondary education. The commissioner of elementary and
30	secondary education shall have the duties that are defined in this section and in this title and any
31	other additional duties that may be determined by the regents the council on elementary and
32	secondary education, and shall perform any other duties that may be vested in the commissioner
33	by law. In addition to the general supervision of the department of elementary and secondary
34	education and the appointment of the several officers and employees of the department, it shall be
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1	the duty of the commissioner of elementary and secondary education:
2	(1) To develop and implement a systematic program of information gathering,
3	processing, and analysis addressed to every aspect of elementary and secondary education in the
4	state, especially as that information relates to current and future educational needs.
5	(2) To prepare a master plan for elementary and secondary education in the state; to
6	coordinate the goals and objectives of the public elementary and secondary education sector with
7	the activities of the nonpublic elementary and secondary education sector where feasible.
8	(3) To communicate with and seek the advice of those concerned with and affected by the
9	board of regents' education's and the council's determinations.
10	(4) To implement broad policy as it pertains to the goals and objectives established by the
11	regents board of education; to enforce standards and to exercise general supervision over public
12	elementary and secondary education in the state and over all elementary and secondary nonpublic
13	education in the state as provided in subdivision (8) of this section; to assist in the preparation of
14	the budget for elementary and secondary education and to be responsible upon direction of the
15	regents council on elementary and secondary education for the allocation of appropriations, the
16	acquisition, holding, disposition, and general management of property.
17	(5) To be responsible for the coordination of the various elementary and secondary
18	educational functions among the educational agencies of the state including local school districts
19	and to encourage and to assist in the cooperation among them so that maximum efficiency and
20	economy may be achieved.
21	(6) To assist the regents council on elementary and secondary education in the
22	preparation and presentation annually to the state budget officer, in accordance with § 35-3-4, of
23	a total state elementary and secondary educational budget which shall include, but not be limited
24	to, the budget of the department of elementary and secondary education, subcommittees and
25	agencies, and state aid to local school districts.
26	(7) To supervise the operation of the department of elementary and secondary education,
27	to have the duties as defined in § 16-1-5 and in this title or in law wherever outlined, and other
28	additional duties and responsibilities that may be assigned by the regents council on elementary
29	and secondary education.
30	(8) To perform the duties vested in the board of regents education and council on
31	elementary and secondary education with relation to nonpublic elementary and secondary
32	educational institutions within the state under the terms of chapter 40 of this title, and other laws
33	that affect nonpublic elementary and secondary education in the state.
34	(9) To supervise the following specific functions:
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1	(i) To recommend the basic subjects and courses of study to be taught and instructional
2	standards to be maintained in the public elementary and secondary schools in the state.
3	(ii) To recommend standards and qualifications of teachers and to issue certificates upon
4	approval of standards and qualifications by the regents council on elementary and secondary
5	education.
6	(iii) To distribute state school funds in accordance with law and regulations of the board
7	of regents council on elementary and secondary education.
8	(iv) To certify as to the necessity of school construction and that standards and design are
9	in accordance with law and regulations of the regents council on elementary and secondary
10	education and to approve a design for school construction throughout the state.
11	(v) To certify that school library standards and services are in accordance with law and
12	regulations of the board of regents council on elementary and secondary education.
13	(vi) To recommend to the board of regents matters council on elementary and secondary
14	education relating to the transportation of pupils to school.
15	(vii) To require the observance of all laws relating to elementary and secondary schools
16	and education.
17	(viii) To interpret school law and to decide any controversies that may be appealed to him
18	or her from decisions of local school committees.
19	(ix) To prepare and recommend standard forms for the use of local schools when
20	reporting to the department of elementary and secondary education.
21	(x) To prepare standard accounting and auditing procedures for local school districts,
22	except for the purposes of subdivision (3) of § 16-24-2 which shall be done in conjunction with
23	the auditor general.
24	(xi) To prepare uniform budgeting procedures for local school districts.
25	(xii) To determine when special purpose grants made to local school districts shall be
26	eligible for reimbursement through the school operations aid formula in accordance with chapter
27	7 of this title, and to designate the purpose(s) for which the local school district may use the
28	school operations aid reimbursement, including reimbursement on local matching funds used to
29	support the special purpose grant. The commissioner shall promulgate and adopt rules and
30	regulations to carry out the intent of this subsection.
31	(10) To approve and accredit elementary and secondary schools in accordance with the
32	policy and regulations of the board of regents council on elementary and secondary education.
33	(11) To be responsible for the administration of policies, rules, and regulations of the
34	board of regents education and the council on elementary and secondary education with relation
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1	to the entire field of elementary and secondary education within the state not specifically granted
2	to any other department, board, or agency and not incompatible with law.
3	(12) To receive from law enforcement agencies a list periodically of the names of Rhode
4	Island missing children and to disseminate these lists to local school districts.
5	SECTION 8. Sections 16-97-1 and 16-97-6 of the General Laws in Chapter 16-97
6	entitled "The Rhode Island Board of Education Act" are hereby amended to read as follows:
7	16-97-1. Rhode Island board of education established. -- (a) Effective January 1, 2013,
8	there is created a board of education which shall be and is constituted a public corporation,
9	empowered to sue and be sued in its own name, to have a corporate seal, and to be vested with all
10	the powers and duties currently vested in the board of governors for higher education established
11	in chapter 16-59 and the board of regents for elementary and secondary education established in
12	chapter 16-60. be responsible for and shall exercise the purposes, powers and duties as defined in
13	this chapter and chapters 16-59 and 16-60 of the general laws. The Board is responsible for the
14	coordination of education from pre-k through higher education and shall set goals and policies for
15	the effective coordination of these public education systems.
16	(b) Upon its organization, the board of education shall be vested with the legal title (in
17	trust for the state) to all property, real and personal, now owned by and/or under the control or in
18	the custody of the board of governors for higher education and the board of regents for
19	elementary and secondary education, for the use of the board of education. The board of
20	education is hereby-designated successor to all powers, rights, duties, and privileges pertaining to
21	the board of regents for elementary and secondary education and the board of governors for
22	higher education.
23	(c)(b) The board of education shall consist of eleven (11) fifteen (15) public members
24	appointed by the governor with the advice and consent of the senate. Four (4) Six (6) of the
25	members initially appointed pursuant to this section shall serve terms of three (3) years; four (4)
26	six (6) members initially appointed pursuant to this section shall serve terms of two (2) years;
27	and, three (3) members initially appointed pursuant to this section shall serve terms of one year.
28	Thereafter, all members appointed pursuant to this section shall serve terms of three (3) years. No
29	board member shall be appointed to serve more than two (2) three (3) year terms. The public
30	members of the board shall not be compensated for their service in attending meetings or duly
31	organized meetings of the council on elementary and secondary education, or the council for
32	postsecondary education, or any subcommittees of the board.
33	(d)(c) The governor shall select from the appointed members a chairperson and vice
34	chairperson. A quorum shall consist of six (6) nine (9) members of the board. A majority vote of
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1	those present shall be required for action.
2	(e)(d) The statutory responsibilities of the department of elementary and secondary
3	education, the commissioner of elementary and secondary education, and the commissioner of
4	higher postsecondary education shall remain unchanged. No later than July 1, 2013, the board of
5	education shall submit to the governor and the general assembly its final plan for the permanent
6	administrative structure for higher education. As a requisite element of the administrative
7	structure for higher education, the board of education shall establish a plan for distributing the
8	assets, responsibilities, powers, authorities, and duties of the office of higher education to the
9	three (3) higher education institutions and appropriate state agencies. Said distribution shall be
10	done in a manner designed to maximize efficiency, provide greater articulation of the respective
11	responsibilities of elementary and secondary and higher education, and ensure that students are
12	prepared to succeed in school, college, careers, and life. The permanent governance structure for
13	higher education shall, at a minimum: (1) Provide clear guidance on statutory, legal, financial and
14	contractual obligations; (2) Establish a policy framework that furthers the goals of this chapter;
15	and (3) Establish appropriate administrative structures, support, policies and procedures.
16	Effective July 1, 2014, the office of higher education shall be abolished.
17	(e) At the expiration of their terms members shall remain and continue in their official
18	capacity until their successor is appointed and confirmed. Any vacancy among the public
19	members of the board shall be filled by appointment of the governor for the remainder of the
20	unexpired term. In the selection and appointment of members of the board, the governor shall
21	seek persons who best serve the needs of the entire state. Public members shall not be appointed
22	for more than three (3) successive three (3) year terms each; provided, however, that this
23	limitation shall not apply to that person designated as chairperson by the governor, who may
24	remain a member so long as he or she shall serve as chairperson.
25	(f) No person shall be eligible for appointment to the board after the effective date of this
26	act, unless a resident of this state.
27	(g) Members of the board shall be removable by the governor pursuant to the provisions
28	of § 36-1-7 of the general laws and for cause only. Removal solely for partisan or personal
29	reasons unrelated to capacity or fitness for the office shall be prohibited.
30	(h) The chair of the board of education shall consult with the chairs of the council on
31	elementary and secondary education, the council on postsecondary education, the commissioner
32	of elementary and secondary education, and the commissioner of postsecondary education in
33	developing agendas, goals, policies and strategic plans for the board.
34	16-97-6. Reporting requirements. -- The board shall submit periodic reports an annual
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1	report to the governor, speaker of the house, senate president, chairs of the house and senate
2	finance committees and their respective fiscal advisors, the chair of the house health, education
3	and welfare committee, and chair of the senate education committee no later than March 1, 2015
4	and every March 1 thereafter on its progress towards implementation of this chapter. The first
5	report shall be submitted no later than April 1, 2013 and quarterly thereafter until January 1,
6	2014. It shall submit a report annually thereafter through 2018.
7	SECTION 9. Chapter 16-97 of the General Laws entitled "The Rhode Island Board of
8	Education Act" is hereby amended by adding thereto the following sections:
9	16-97-1.1. Purposes of the board of education. -- The Rhode Island Board of Education
10	shall be responsible for long-range planning and for coordinating and evaluating policies and
11	programs for the public educational systems of the state. The general assembly finds and declares
12	that the board of education shall have the following purposes:
13	(a) To develop and adopt educational, financial and operational goals for the education
14	systems of the state that represent achievable benchmarks for a ten (10) year and (20) twenty (20)
15	year time scale and that can be implemented by the council on elementary and secondary
16	education, the council on postsecondary education, and the commissioners for elementary and
17	secondary education and postsecondary education;
18	(b) To ensure that the education systems of the state are aligned with the projected
19	opportunities in workforce development and economic development and that the education
20	systems are preparing students to participate in the future workforce of Rhode Island;
21	(c) To coordinate programs and courses of study and promote collaboration between and
22	among pre-kindergarten through higher education institutions and agencies, including, but not
23	limited to:
24	(1) improving career and college readiness;
25	(2) reducing the need for remedial instruction;
26	(3) implementing and coordinating common core and other system wide standards;
27	(4) ensuring there is a quality system for adult education and certification programs in
28	secondary school and community college.
29	(d) To present strategic budget and finance recommendations to the council on
30	elementary and secondary education and council on postsecondary education that are aligned with
31	the long-range goals adopted by the board.
32	16-97-1.2. Powers and duties of the board of education. -- The board of education
33	shall have the following powers and duties:
34	(a) To develop and adopt a strategic plan defining broad goals and objectives for
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1	education in the state. These goals and objectives shall be expressed in terms of the future
2	educational attainment of the population, quality of life and economy of Rhode Island, including
3	but not limited to what children, men and women should know and be able to do as a result of
4	their educational experience and the contributions of education to meeting the workforce and
5	economic development needs of Rhode Island. The board shall approve the strategic plans for
6	elementary and secondary education and postsecondary education in terms of the alignment of
7	these strategic plans with the overall strategic plan of the board of education. The board shall
8	continuously evaluate the efforts of the council on elementary and secondary education and the
9	council on postsecondary education to implement the strategic plans and shall review the results
10	of education in the light of these objectives;
11	(b) To prepare and maintain a five (5) year strategic funding plan for all levels of
12	education in Rhode Island. The board shall determine priorities of expenditures for public
13	education purposes of state revenues and other public resources made available for the support of
14	public education and direct the council on elementary and secondary education and the council on
15	postsecondary education to implement those priorities when developing the annual budget for
16	elementary and secondary education and higher education. The councils shall present their annual
17	budgets to the board for its review and consent. Nothing contained in this subdivision shall
18	authorize the board to alter the allocation of grants or aid otherwise provided by law;
19	(c) To develop and submit to the general assembly for approval a performance funding
20	formula for public higher education that furthers the purposes of the board and ensures that all
21	students may achieve educational excellence;
22	(d) To develop policies that maximize the potential of collaboration from elementary and
23	secondary education through higher education systems and that improve efficiencies at all levels
24	of the education system through improved coordination of activities;
25	(e) To embrace the legislative findings regarding virtual education established by section
26	16-22.1-2 of the general laws and adopt goals and policies that address these findings and to
27	encourage the council on elementary and secondary education and the council for postsecondary
28	education to develop and or improve virtual learning experiences for Rhode Island students;
29	(f) To provide advice and consent to the council on elementary and secondary education
30	regarding the appointment of a commissioner of elementary and secondary education.
31	(g) To provide advice and consent to the council for postsecondary education regarding
32	the appointment of a commissioner of postsecondary education.
33	(h) To conduct a training course for newly appointed and qualified board members within
34	six (6) months of their qualification. The course shall be developed by the chairperson of the
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1	board, approved by the board, and conducted by the chairperson of the board. The board may
2	approve the use of any board or staff members or other individuals to assist with training. The
3	training course shall include instruction in the following areas: the provisions of chapters 42-46,
4	36-14, and 38-2; and the board's own rules. The director of the department of administration
5	shall, within ninety (90) days of the effective date of this act, prepare and disseminate training
6	materials relating to the provisions of chapters 42-46, 36-14, and 38-2.
7	SECTION 10. Sections 16-97-2 and 16-97-3 of the General Laws in Chapter 16-97
8	entitled "The Rhode Island Board of Education Act" are hereby repealed.
9	16-97-2. Executive agents of the state board of education. -- The state board of
10	education shall appoint a Commissioner of Elementary and Secondary Education who shall be the
11	board's executive agent in matters pertaining to elementary and secondary education and who
12	shall have the duties established in R.I.G.L. 16-60-6. The state board of education shall also
13	appoint a Commissioner of Higher Education who shall be the board's executive agent in matters
14	pertaining to higher education and who shall have the duties established in R.I.G.L. 16-59-6. The
15	Commissioners shall be employees of the board in the unclassified service and shall not be
16	members of the board and shall serve at the pleasure of the board.
17	16-97-3. Executive committee of education. -- (a) There is established an executive
18	committee of education that shall be composed of the president of the University of Rhode Island,
19	the president of Rhode Island College, the president of Community College of Rhode Island, the
20	commissioner of higher education, and the commissioner of elementary and secondary education.
21	The commissioner of higher education shall serve as the chairperson of the committee.
22	(b) The committee shall meet on a regular basis, provided, that they shall meet not less
23	than twelve (12) times per year, and the purpose of the committee shall include, but not be limited
24	to, developing coherent plans for the elimination of unnecessary duplication in public education
25	and addressing the future needs of public education within the state in the most efficient and
26	economical manner possible. All recommendations and information gathered at the meetings of
27	the committee shall be forwarded to the board of education for final action of the board of
28	education.
29	(c) Prior to the presentation of any proposal to the board of governors, the committee
30	shall fully examine its impact on public education, including, but not limited to, its impact on
31	educational budgetary requirements, quality of education and elimination of unnecessary
32	duplication. The chairperson of the committee may invite additional participation by faculty and
33	other employees when he or she deems it necessary.
34	SECTION 11. This article shall take effect upon passage.
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1	ARTICLE 21
2	RELATING TO TRANSPORTATION
3	SECTION 1. Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor
4	Fuel Tax" is hereby amended to read as follows:
5	31-36-20. Disposition of proceeds. -- (a) Notwithstanding any other provision of law to
6	the contrary, all moneys paid into the general treasury under the provisions of this chapter or
7	chapter 37 of this title, and title 46 shall be applied to and held in a separate fund and be
8	deposited in any depositories that may be selected by the general treasurer to the credit of the
9	fund, which fund shall be known as the Intermodal Surface Transportation Fund; provided, that in
10	fiscal year 2004 for the months of July through April six and eighty-five hundredth cents
11	($0.0685) per gallon of the tax imposed and accruing for the liability under the provisions of §
12	31-36-7, less refunds and credits, shall be transferred to the Rhode Island public transit authority
13	as provided under § 39-18-21. For the months of May and June in fiscal year 2004, the allocation
14	shall be five and five hundredth cents ($0.0505). Thereafter, until fiscal year 2006, the allocation
15	shall be six and twenty-five hundredth cents ($0.0625). For fiscal years 2006 through FY 2008,
16	the allocation shall be seven and twenty-five hundredth cents ($0.0725); provided, that
17	expenditures shall include the costs of a market survey of non-transit users and a management
18	study of the agency to include the feasibility of moving the Authority into the Department of
19	Transportation, both to be conducted under the auspices of the state budget officer. The state
20	budget officer shall hire necessary consultants to perform the studies, and shall direct payment by
21	the Authority. Both studies shall be transmitted by the Budget Officer to the 2006 session of the
22	General Assembly, with comments from the Authority. For fiscal year 2009, the allocation shall
23	be seven and seventy-five hundredth cents ($0.0775), of which one-half cent ($0.005) shall be
24	derived from the one cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-
25	11. For fiscal years 2010 and thereafter, the allocation shall be nine and seventy-five hundredth
26	cents ($0.0975), of which of one-half cent ($0.005) shall be derived from the one cent ($0.01) per
27	gallon environmental protection fee pursuant to § 46-12.9-11. One cent ($0.01) per gallon shall
28	be transferred to the Elderly/Disabled Transportation Program of the department of human
29	services, and the remaining cents per gallon shall be available for general revenue as determined
30	by the following schedule:
31	(i) For the fiscal year 2000, three and one fourth cents ($0.0325) shall be available for
32	general revenue.
33	(ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for
34	general revenue.
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1	(iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general
2	revenue.
3	(iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for
4	general revenue.
5	(v) For the months of July through April in fiscal year 2004, one and four-tenths cents
6	($0.014) shall be available for general revenue. For the months of May through June in fiscal year
7	2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter,
8	until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year
9	2006 through fiscal year 2009 one cent ($0.01) shall be available for general revenue.
10	(2) All deposits and transfers of funds made by the tax administrator under this section,
11	including those to the Rhode Island public transit authority, the department of human services and
12	the general fund, shall be made within twenty-four (24) hours of receipt or previous deposit of the
13	funds in question.
14	(3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of
15	Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined
16	by the Director of the Rhode Island Department of Transportation, or his or her designee, or at the
17	election of the Director of the Rhode Island Department of Transportation, with the approval of
18	the Director of the Department of Administration, to an indenture trustee, administrator, or other
19	third party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax
20	imposed, in order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint
21	Resolution and Enactment Approving the Financing of Various Department of Transportation
22	Projects adopted during the 2003 session of the General Assembly, and approved by the
23	Governor.
24	(b) Notwithstanding any other provision of law to the contrary, all other funds in the fund
25	shall be dedicated to the department of transportation, subject to annual appropriation by the
26	general assembly. The director of transportation shall submit to the general assembly, budget
27	office and office of the governor annually an accounting of all amounts deposited in and credited
28	to the fund together with a budget for proposed expenditures for the succeeding fiscal year in
29	compliance with §§ 35-3-1 and 35-3-4. On order of the director of transportation, the state
30	controller is authorized and directed to draw his or her orders upon the general treasurer for the
31	payments of any sum or portion of the sum that may be required from time to time upon receipt
32	of properly authenticated vouchers.
33	(c) At any time the amount of the fund is insufficient to fund the expenditures of the
34	department of transportation, not to exceed the amount authorized by the general assembly, the
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1	general treasurer is authorized, with the approval of the governor and the director of
2	administration, in anticipation of the receipts of monies enumerated in § 31-36-20 to advance
3	sums to the fund, for the purposes specified in § 31-36-20, any funds of the state not specifically
4	held for any particular purpose. However, all the advances made to the fund shall be returned to
5	the general fund immediately upon the receipt by the fund of proceeds resulting from the receipt
6	of monies to the extent of the advances.
7	(d) Beginning with the fiscal year 2014 and annually thereafter, the department of
8	transportation will allocate gas tax revenue made available from the shift of debt service expenses
9	on general obligation bonds to general revenue to programs that are designed to eliminate
10	structural deficiencies of the state's bridge, road and maintenance systems and infrastructure.
11	(i) Beginning in the fiscal year 2014 and annually thereafter, the department of
12	transportation will appropriately fund and invest in highway maintenance operations;
13	(ii) Beginning in the fiscal year 2014 and annually thereafter, the department of
14	transportation will set aside not less than one million dollars ($1,000,000) for heavy vehicle
15	replacement program that will align maintenance fleet needs with best practices for vehicle and
16	equipment procurement;
17	(iii)Beginning in the fiscal year 2015 and annually thereafter, the department of
18	transportation will set aside not less than five hundred thousand dollars ($500,000) for a drainage
19	system preservation program to implement routine cleaning and preservation of catch basins on a
20	system-wide basis;
21	(iv) In the fiscal year 2016, the department of transportation will set aside not less than
22	five million dollars ($5,000,000) for a preventative maintenance, preservation, and replacement
23	program to address the condition of all state-maintained bridges;
24	(A) provided that this amount shall increase to fifteen million dollars ($15,000,000) in the
25	fiscal year 2017 and further provided that this amount shall increase to twenty million dollars
26	($20,000,000) in the fiscal year 2018 and shall not be reduced in any year thereafter and;
27	(B) provided that the department of transportation utilizes ten million dollars
28	($10,000,000) in the fiscal year 2015 and ten million dollars ($10,000,000) in the fiscal year 2016
29	from funds available in the Intermodal Surface Transportation Fund for a preventative
30	maintenance, preservation and replacement program to address the condition of all state-
31	maintained bridges.
32	SECTION 2. This article shall take effect upon passage.
33	ARTICLE 22
34	RELATING TO LEGAL NOTICES"
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1	SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND
2	GOVERNMENT" is hereby amended by adding thereto the following chapter:
3	CHAPTER 11.4
4	MODERNIZATION OF LEGAL NOTICES AND ADVERTISEMENTS
5	42-11.4-1. Legislative Findings. – It is hereby found and declared as follows:
6	(a) Throughout the Rhode Island General Laws, there are over two hundred and fifty
7	(250) discrete requirements for legal notices or advertisements to be published in newspapers.
8	While the responsible parties, geographies (e.g., statewide or local), and frequencies of notice
9	vary widely among these hundreds of different requirements, their common goal is to notify the
10	public about informational requirements under law and to give the public a meaningful
11	opportunity to participate in its government. However, modes of communication change over
12	time, and along with these changes there is an obligation to openness for technological
13	innovation.
14	(b) The United States Census Bureau reports that computer possession and household
15	internet usage have consistently risen over time. For example, in 1997, there was a computer in
16	thirty six and six-tenths percent (36.6%) of U.S. households, with eighteen percent (18%) of U.S.
17	households reporting internet usage. By 2011, there was a computer in seventy five and six-tenths
18	percent (75.6%) of U.S. households, with seventy one and seven-tenths percent (71.7%) of U.S.
19	households reporting internet usage. The Bureau reported similar rates of household internet
20	connection of Rhode Islanders in 2011 [seventy two and two-tenths percent (72.2%)]. These
21	increases are inclusive, cutting across age, education attainment, income, and racial and ethnic
22	boundaries.
23	(c) Using the internet to conduct civic transactions is a common practice according to a
24	2010 Pew Research Center's Internet & American Life Project survey, which reported that eighty
25	two percent (82%) of U.S. internet users looked for information or completed a transaction on a
26	government website in the preceding twelve (12) months. This data is consistent with the
27	experience in Rhode Island, where executive agencies have rolled out several new initiatives over
28	the past few years that illustrate this trend: the expansion of online services at the division of
29	motor vehicles; the introduction of a transparency portal (one of the first in the country) to
30	provide more information regarding the operation and management of government; the creation
31	of a new division of veterans' affairs website; and the launch of an e-Licensing initiative by the
32	department of business regulation, working with the office of digital excellence and the division
33	of information technology.
34	(d) Further, Rhode Island is particularly well poised to harness the power of
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1	communicating digitally because of its depth of digital infrastructure. The New York Times
2	reported in 2011 that Rhode Island had the fastest internet speed for residential customers in the
3	country; and "broadband service," which describes high-speed internet, digital cable and digital
4	phone services traveling through a single pipeline, is available to ninety seven percent (97%) of
5	Rhode Islanders, with eighty three percent (83%) of Rhode Islanders having the choice of at least
6	two (2) broadband providers, according to the Broadband Rhode Island initiative.
7	(e) While the use of the internet has grown nationally and in Rhode Island over time, with
8	investments in expansion of online services and digital infrastructure, readership of daily
9	newspapers has shown a steady slide in paid circulation. For example, the Pew Research Center's
10	Project for Excellence in Journalism reported in 2011 that daily newspaper circulation, which
11	stood at sixty two million three hundred thousand (62,300,000) in 1990, had fallen to forty three
12	million four hundred thousand (43,400,000) in 2010, a decline of thirty percent (30%). In 1990,
13	evening papers, which began to decline in the 1970s, made up about a third of daily circulation.
14	In 2009, this ratio had dropped to just over ten percent (10%).
15	(f) Moreover, a national survey by the Pew Research Center for the People and the Press
16	in 2010 found that "more people continue to cite the internet than newspapers as their main
17	source of news, reflecting both the growth of the internet, and the gradual decline in newspaper
18	readership [from thirty four percent (34%) in 2007 to thirty one percent (31%) now]."
19	(g) Given historical and current trends, offering an electronic means of publishing notices
20	and advertisements is a common-sense, efficient way to disseminate vital information to the
21	public for several reasons:
22	(i). Publication of legal notices and advertisements by electronic means is more likely to
23	reach citizens, providing them with crucial information about information required to be
24	disclosed under law and a better opportunity to participate in government;
25	(ii). Expanding the amount of information available electronically will allow for new
26	forms of connection between citizens and government, through e-mail alerts and enhanced search
27	opportunities; and
28	(iii). Posting legal notices and advertisements electronically may ease the regulatory
29	burden of compliance for businesses, especially small businesses, and governmental agencies by
30	offering a cost-effective alternative to newspaper publication that capitalizes on the state's
31	existing technological assets and investments.
32	42-11.4-2. Definitions. -- As used within this chapter,
33	(a) "Department" shall mean the department of administration; and
34	(b) "Person" shall mean any individual, corporation, partnership, association,
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1	municipality, other public body, legal entity, employee or agent of the person.
2	42-11.4-3. Authorized website transitional notice. -- (a) Notwithstanding any provision
3	of the general or public laws to the contrary, any notice or other written matter required to be
4	published by any law of this state in a newspaper shall be deemed to satisfy such requirement if
5	posted on an "authorized website," as defined in the rules and regulations promulgated in
6	accordance with §42-11.4-7.
7	(b) Before any person may post a notice or advertisement on an authorized website, such
8	person must announce its intention to do so in the following ways and for the following periods
9	of time:
10	(i) By publishing an announcement at least three (3) times a week for three (3)
11	consecutive weeks in the newspaper or newspapers - where notice or advertisement is currently
12	required to be published;
13	(ii) By publishing an announcement on the secretary of state's website for at least three
14	(3) consecutive weeks; and
15	(iii) By publishing an announcement on the Rhode Island transparency portal
16	(http://www.transparency.ri.gov/) for at least three (3) consecutive weeks.
17	42-11.4-4. Required posting. -- Posting a notice or advertisement on the secretary of
18	state's website pursuant to § 42-46-6 shall not be sufficient to meet the requirements for posting
19	on an authorized website pursuant to § 42-11.4-7.
20	42-11.4-5. Costs. -- Any costs associated with posting the notice or advertisement on the
21	authorized website shall be borne by the party required to post the notice or advertisement as set
22	forth in the rules and regulations promulgated in accordance with § 42-11.4-7.
23	42-11.4-6. Burden of proof. -- In all actions brought under this chapter, the burden shall
24	be on the party required to provide notice or advertisement to demonstrate notice or
25	advertisement was sufficient pursuant to the rules and regulations set forth in accordance with §
26	42-11.4-7.
27	42-11.4-7. Rules and regulations. -- (a) No later than one hundred and twenty (120)
28	days after the passage of this act, the department shall promulgate rules and regulations, after
29	review and recommendation by the office of digital excellence, to implement the provisions of
30	this chapter.
31	(b) Such rules and regulations shall include:
32	(i) a mechanism by which the authorized website can send a subscribing person e-mail
33	alerts (as specified by such subscribing person), including a choice of how often to receive such
34	alerts and the option to terminate such alerts;
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1	(ii) the ability to search the authorized website by statutory cite, keyword, or date of
2	posting; and
3	(iii) the particular specifications, if any, required for mobile electronic devices to access
4	the authorized website and utilize its functionalities.
5	42-11.4-8. Penalties. -- Any person aggrieved as a result of violations of the provisions
6	of this chapter may file a complaint with the department of attorney general. The attorney general
7	shall investigate the complaint and, if the department of attorney general determines that the
8	allegations of the complaint are meritorious, such person may file a complaint on behalf of the
9	complainant in the superior court against the entities alleged to have violated the requirements of
10	this chapter.
11	SECTION 2. This article shall take effect upon passage.
12	ARTICLE 23
13	RELATING TO LICENSING OF HOSPITAL FACILITIES
14	SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled
15	"Licensing of Health Care Facilities" is hereby amended to read as follows:
16	23-17-38.1. Hospitals – Licensing fee. -- (a) There is imposed a hospital licensing fee at
17	the rate of five and thirty-five hundredths percent (5.35%) upon the net patient services revenue
18	of every hospital for the hospital's first fiscal year ending on or after January 1, 2011, except that
19	the license fee for all hospitals located in Washington County, Rhode Island shall be discounted
20	by thirty-seven percent (37%). The discount for Washington County hospitals is subject to
21	approval by the Secretary of the US Department of Health and Human Services of a state plan
22	amendment submitted by the Executive Office of Health and Human Services for the purpose of
23	pursuing a waiver of the uniformity requirement for the hospital license fee. This licensing fee
24	shall be administered and collected by the tax administrator, division of taxation within the
25	department of revenue, and all the administration, collection and other provisions of 51 of title 44
26	shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before July
27	15, 2013 and payments shall be made by electronic transfer of monies to the general treasurer and
28	deposited to the general fund. Every hospital shall, on or before June 17, 2013, make a return to
29	the tax administrator containing the correct computation of net patient services revenue for the
30	hospital fiscal year ending September 30, 2011, and the licensing fee due upon that amount. All
31	returns shall be signed by the hospital's authorized representative, subject to the pains and
32	penalties of perjury.
33	(b)(a) There is also imposed a hospital licensing fee at the rate of five and two hundred
34	forty-six thousandths percent (5.246%) upon the net patient services revenue of every hospital for
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1	the hospital's first fiscal year ending on or after January 1, 2012, except that the license fee for all
2	hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent
3	(37%). The discount for Washington County hospitals is subject to approval by the Secretary of
4	the US Department of Health and Human Services of a state plan amendment submitted by the
5	Executive Office of Health and Human Services for the purpose of pursuing a waiver of the
6	uniformity requirement for the hospital license fee. This licensing fee shall be administered and
7	collected by the tax administrator, division of taxation within the department of revenue, and all
8	the administration, collection and other provisions of 51 of title 44 shall apply. Every hospital
9	shall pay the licensing fee to the tax administrator on or before July 14, 2014 and payments shall
10	be made by electronic transfer of monies to the general treasurer and deposited to the general
11	fund. Every hospital shall, on or before June 16, 2014, make a return to the tax administrator
12	containing the correct computation of net patient services revenue for the hospital fiscal year
13	ending September 30, 2012, and the licensing fee due upon that amount. All returns shall be
14	signed by the hospital's authorized representative, subject to the pains and penalties of perjury.
15	(b) There is also imposed a hospital licensing fee at the rate of five and two hundred
16	forty-six thousandths percent (5.246%) upon the net patient services revenue of every hospital for
17	the hospital's first fiscal year ending on or after January 1, 2012, except that the license fee for all
18	hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent
19	(37%). The discount for Washington County hospitals is subject to approval by the Secretary of
20	the US Department of Health and Human Services of a state plan amendment submitted by the
21	Executive Office of Health and Human Services for the purpose of pursuing a waiver of the
22	uniformity requirement for the hospital license fee. This licensing fee shall be administered and
23	collected by the tax administrator, division of taxation within the department of revenue, and all
24	the administration, collection and other provisions of 51 of title 44 shall apply. Every hospital
25	shall pay the licensing fee to the tax administrator on or before July 13, 2015 and payments shall
26	be made by electronic transfer of monies to the general treasurer and deposited to the general
27	fund. Every hospital shall, on or before June 15, 2015, make a return to the tax administrator
28	containing the correct computation of net patient services revenue for the hospital fiscal year
29	ending September 30, 2012, and the licensing fee due upon that amount. All returns shall be
30	signed by the hospital's authorized representative, subject to the pains and penalties of perjury.
31	(c) For purposes of this section the following words and phrases have the following
32	meanings:
33	(1) "Hospital" means a person or governmental unit duly licensed in accordance with this
34	chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and
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1	primary bed inventory are psychiatric.
2	(2) "Gross patient services revenue" means the gross revenue related to patient care
3	services.
4	(3) "Net patient services revenue" means the charges related to patient care services less
5	(i) charges attributable to charity care, (ii) bad debt expenses, and (iii) contractual allowances.
6	(d) The tax administrator shall make and promulgate any rules, regulations, and
7	procedures not inconsistent with state law and fiscal procedures that he or she deems necessary
8	for the proper administration of this section and to carry out the provisions, policy and purposes
9	of this section.
10	(e) The licensing fee imposed by this section shall apply to hospitals as defined herein
11	which are duly licensed on July 1, 2013 2014, and shall be in addition to the inspection fee
12	imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-
13	38.1.
14	SECTION 2. This article shall take effect as of July 1, 2014.
15	ARTICLE 24
16	RELATING TO HOSPITAL UNCOMPENSATED CARE
17	SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3
18	entitled "Uncompensated Care" are hereby amended to read as follows:
19	40-8.3-2. Definitions. -- As used in this chapter:
20	(1) "Base year" means for the purpose of calculating a disproportionate share payment for
21	any fiscal year ending after September 30, 2012 2013, the period from October 1, 2010 2011
22	through September 30, 2011 2012, and for any fiscal year ending after September 30, 2013 2014,
23	the period from October 1, 2011 through September 30, 2012.
24	(2) "Medical assistance inpatient utilization rate for a hospital" means a fraction
25	(expressed as a percentage) the numerator of which is the hospital's number of inpatient days
26	during the base year attributable to patients who were eligible for medical assistance during the
27	base year and the denominator of which is the total number of the hospital's inpatient days in the
28	base year.
29	(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:
30	(i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year; (ii)
31	achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the
32	base year; and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23
33	during the payment year.
34	(4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost
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1	incurred by such hospital during the base year for inpatient or outpatient services attributable to
2	charity care (free care and bad debts) for which the patient has no health insurance or other third-
3	party coverage less payments, if any, received directly from such patients; and (ii) the cost
4	incurred by such hospital during the base year for inpatient or out-patient services attributable to
5	Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the
6	uncompensated care index.
7	(5) "Uncompensated care index" means the annual percentage increase for hospitals
8	established pursuant to § 27-19-14 for each year after the base year, up to and including the
9	payment year, provided, however, that the uncompensated care index for the payment year ending
10	September 30, 2007 shall be deemed to be five and thirty-eight hundredths percent (5.38%), and
11	that the uncompensated care index for the payment year ending September 30, 2008 shall be
12	deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated care
13	index for the payment year ending September 30, 2009 shall be deemed to be five and thirty-eight
14	hundredths percent (5.38%), and that the uncompensated care index for the payment years ending
15	September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013 and,
16	September 30, 2014 and September 30, 2015 shall be deemed to be five and thirty hundredths
17	percent (5.30%).
18	40-8.3-3. Implementation. -- (a) For the fiscal year commencing on October 1, 2011 and
19	ending September 30, 2012, the executive office of health and human services shall submit to the
20	Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
21	Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
22	provide:
23	(1) That the disproportionate share hospital payments to all participating hospitals, not to
24	exceed an aggregate limit of $126.2 million, shall be allocated by the executive office of health
25	and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
26	(2) That the Pool D allotment shall be distributed among the participating hospitals in
27	direct proportion to the individual participating hospital's uncompensated care costs for the base
28	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
29	year inflated by uncompensated care index for all participating hospitals. The disproportionate
30	share payments shall be made on or before July 16, 2012 and are expressly conditioned upon
31	approval on or before July 9, 2012 by the Secretary of the U.S. Department of Health and Human
32	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
33	to secure for the state the benefit of federal financial participation in federal fiscal year 2012 for
34	the disproportionate share payments.
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1	(b)(a) For federal fiscal year 2013, commencing on October 1, 2012 and ending
2	September 30, 2013, the executive office of health and human services shall submit to the
3	Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
4	Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
5	provide:
6	(1) That the disproportionate share hospital payments to all participating hospitals, not to
7	exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health
8	and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
9	(2) That the Pool D allotment shall be distributed among the participating hospitals in
10	direct proportion to the individual participating hospital's uncompensated care costs for the base
11	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
12	year inflated by uncompensated care index for all participating hospitals. The disproportionate
13	share payments shall be made on or before July 15, 2013 and are expressly conditioned upon
14	approval on or before July 8, 2013 by the Secretary of the U.S. Department of Health and Human
15	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
16	to secure for the state the benefit of federal financial participation in federal fiscal year 2013 for
17	the disproportionate share payments.
18	(c) (b) For federal fiscal year 2014, commencing on October 1, 2013 and ending
19	September 30, 2014, the executive office of health and human services shall submit to the
20	Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
21	Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
22	provide:
23	(1) That the disproportionate share hospital payments to all participating hospitals, not to
24	exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health
25	and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
26	(2) That the Pool D allotment shall be distributed among the participating hospitals in
27	direct proportion to the individual participating hospital's uncompensated care costs for the base
28	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
29	year inflated by uncompensated care index for all participating hospitals. The disproportionate
30	share payments shall be made on or before July 14, 2014 and are expressly conditioned upon
31	approval on or before July 7, 2014 by the Secretary of the U.S. Department of Health and Human
32	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
33	to secure for the state the benefit of federal financial participation in federal fiscal year 2014 for
34	the disproportionate share payments.
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1	(c) For federal fiscal year 2015, commencing on October 1, 2014 and ending September
2	30, 2015, the executive office of health and human services shall submit to the Secretary of the
3	U.S. Department of Health and Human Services a state plan amendment to the Rhode Island
4	Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:
5	(1) That the disproportionate share hospital payments to all participating hospitals, not to
6	exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health
7	and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
8	(2) That the Pool D allotment shall be distributed among the participating hospitals in
9	direct proportion to the individual participating hospital's uncompensated care costs for the base
10	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
11	year inflated by uncompensated care index for all participating hospitals. The disproportionate
12	share payments shall be made on or before July 13, 2015 and are expressly conditioned upon
13	approval on or before July 6, 2015 by the Secretary of the U.S. Department of Health and Human
14	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
15	to secure for the state the benefit of federal financial participation in federal fiscal year 2015 for
16	the disproportionate share payments.
17	(d) No provision is made pursuant to this chapter for disproportionate share hospital
18	payments to participating hospitals for uncompensated care costs related to graduate medical
19	education programs.
20	SECTION 2. Section 40-8.3-10 of the General Laws in Chapter 40-8.3 entitled
21	"Uncompensated Care" is hereby repealed.
22	40-8.3-10. Outpatient adjustment payments. -- Effective July 1, 2012 and for each
23	subsequent year, the executive office of health and human services is hereby authorized and
24	directed to amend its regulations for reimbursement to hospitals for outpatient services as
25	follows:
26	(a) Each hospital in the state of Rhode Island, as defined in subdivision 23-17-
27	38.19(b)(1), shall receive a quarterly adjustment payment each state fiscal year of an amount
28	determined as follows:
29	(1) Determine the percent of the state's total Medicaid outpatient and emergency
30	department services (exclusive of physician services) provided by each hospital during each
31	hospital's prior fiscal year;
32	(2) Determine the sum of all Medicaid payments to hospitals made for outpatient and
33	emergency department services (exclusive of physician services) provided during each hospital's
34	prior fiscal year;
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1	(3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by
2	seventy-four and ninety-seven hundredths percent (74.97%) 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 subdivision (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 subdivision (3) above.
8	(b) The amounts determined in subsection (a) are in addition to Medicaid outpatient
9	payments and emergency services payments (exclusive of physician services) paid to hospitals in
10	accordance with current state regulation and the Rhode Island Plan for Medicaid Assistance
11	pursuant to Title XIX of the Social Security Act and are not subject to recoupment or settlement.
12	SECTION 3. This article shall take effect as of July 1, 2014.
13	ARTICLE 25
14	RELATING TO MEDICAL ASSISTANCE
15	SECTION 1. Section 40-5.2-21 of the General Laws in Chapter 40-5.2 entitled "The
16	Rhode Island Works Program" is hereby amended to read as follows:
17	40-5.2-21. Eligibility for medical benefits. -- (a) Every member of any family/assistance
18	unit eligible for cash assistance under this chapter shall be eligible for medical assistance
19	Medicaid-funded health coverage through the RIte Care managed care or a RIte Share programs,
20	as determined by the department, -approved plan subject to the provisions of subsection 40-8-1(d)
21	(c) and provided, further, requiring that eligibility for such medical assistance, coverage must
22	qualify for federal financial participation pursuant to the provisions of Title XIX of the federal
23	social security act, 42 U.S.C. § 1396 et seq. and, as may be appropriate, the State's approved
24	Section 1115 demonstration waiver.
25	(b) If a family becomes ineligible for cash assistance payments under this chapter as a
26	result of excess earnings from employment, the family/assistance unit shall continue to be eligible
27	for medical assistance Medicaid-funded transitional health coverage under Section 1925 of title
28	XIX of the federal social security act, 42 U.S.C. § 1396 et seq. through the RIte Care or RIte
29	Share, program for subject to the provisions of subsection 40-8-1(c) requiring that such coverage
30	must qualify for federal financial participation pursuant to the provisions of title XIX of the
31	federal social security act, 42 U.S.C. § 1396 et seq. and, in no case, shall extend beyond a period
32	of twelve (12) months or until employer paid family health care coverage begins, subject to the
33	provisions of subsection 40-8-1(d), whichever occurs first; and provided, further, that eligibility
34	for such medical assistance, must qualify for federal financial participation pursuant to the
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1	provisions of title XIX of the federal social security Act, 42 U.S.C. § 1396 et seq.
2	SECTION 2. Sections 40-8-13.4 and 40-8-19 of the General Laws in Chapter 40-8
3	entitled "Medical Assistance" are hereby amended to read as follows:
4	40-8-13.4. Rate methodology for payment for in state and out of state hospital
5	services. -- (a) The executive office of health and human services shall implement a new
6	methodology for payment for in state and out of state hospital services in order to ensure access
7	to and the provision of high quality and cost-effective hospital care to its eligible recipients.
8	(b) In order to improve efficiency and cost effectiveness, the executive office of health
9	and human services shall:
10	(1) With respect to inpatient services for persons in fee for service Medicaid, which is
11	non-managed care, implement a new payment methodology for inpatient services utilizing the
12	Diagnosis Related Groups (DRG) method of payment, which is, a patient classification method
13	which provides a means of relating payment to the hospitals to the type of patients cared for by
14	the hospitals. It is understood that a payment method based on Diagnosis Related Groups may
15	include cost outlier payments and other specific exceptions. The executive office will review the
16	DRG payment method and the DRG base price annually, making adjustments as appropriate in
17	consideration of such elements as trends in hospital input costs, patterns in hospital coding,
18	beneficiary access to care, and the Center for Medicare and Medicaid Services national CMS
19	Prospective Payment System (IPPS) Hospital Input Price index.
20	(B) With respect to inpatient services, (i) it is required as of January 1, 2011 until
21	December 31, 2011, that the Medicaid managed care payment rates between each hospital and
22	health plan shall not exceed ninety and one tenth percent (90.1%) of the rate in effect as of June
23	30, 2010. Negotiated increases in inpatient hospital payments for each annual twelve (12) month
24	period beginning January 1, 2012 may not exceed the Centers for Medicare and Medicaid
25	Services national CMS Prospective Payment System (IPPS) Hospital Input Price index for the
26	applicable period; (ii) provided, however, for the twelve (12) twenty-four (24) month period
27	beginning July 1, 2013 the Medicaid managed care payment rates between each hospital and
28	health plan shall not exceed the payment rates in effect as of January 1, 2013; (iii) negotiated
29	increases in inpatient hospital payments for each annual twelve (12) month period beginning July
30	1, 2014 2015 may not exceed the Centers for Medicare and Medicaid Services national CMS
31	Prospective Payment System (IPPS) Hospital Input Price Index, less Productivity Adjustment, for
32	the applicable period; (iv) The Rhode Island executive office of health and human services will
33	develop an audit methodology and process to assure that savings associated with the payment
34	reductions will accrue directly to the Rhode Island Medicaid program through reduced managed
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1	care plan payments and shall not be retained by the managed care plans; (v) All hospitals licensed
2	in Rhode Island shall accept such payment rates as payment in full; and (vi) for all such hospitals,
3	compliance with the provisions of this section shall be a condition of participation in the Rhode
4	Island Medicaid program.
5	(2) With respect to outpatient services and notwithstanding any provisions of the law to
6	the contrary, for persons enrolled in fee for service Medicaid, the executive office will reimburse
7	hospitals for outpatient services using a rate methodology determined by the executive office and
8	in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare
9	payments for similar services. Notwithstanding the above, there shall be no increase in the
10	Medicaid fee-for-service outpatient rates effective on July 1, 2013 or July 1, 2014. Thereafter,
11	changes to outpatient rates will be implemented on July 1 each year and shall align with Medicare
12	payments for similar services from the prior federal fiscal year. With respect to the outpatient
13	rate, (i) it is required as of January 1, 2011 until December 31, 2011, that the Medicaid managed
14	care payment rates between each hospital and health plan shall not exceed one hundred percent
15	(100%) of the rate in effect as of June 30, 2010. Negotiated increases in hospital outpatient
16	payments for each annual twelve (12) month period beginning January 1, 2012 may not exceed
17	the Centers for Medicare and Medicaid Services national CMS Outpatient Prospective Payment
18	System (OPPS) hospital price index for the applicable period; (ii) provided, however, for the
19	twelve (12) twenty-four (24) month period beginning July 1, 2013 the Medicaid managed care
20	outpatient payment rates between each hospital and health plan shall not exceed the payment rates
21	in effect as of January 1, 2013; (iii) negotiated increases in outpatient hospital payments for each
22	annual twelve (12) month period beginning July 1, 2014 2015 may not exceed the Centers for
23	Medicare and Medicaid Services national CMS Outpatient Prospective Payment System (OPPS)
24	Hospital Input Price Index, less Productivity Adjustment, for the applicable period.
25	(c) It is intended that payment utilizing the Diagnosis Related Groups method shall
26	reward hospitals for providing the most efficient care, and provide the executive office the
27	opportunity to conduct value based purchasing of inpatient care.
28	(d) The secretary of the executive office of health and human services is hereby
29	authorized to promulgate such rules and regulations consistent with this chapter, and to establish
30	fiscal procedures he or she deems necessary for the proper implementation and administration of
31	this chapter in order to provide payment to hospitals using the Diagnosis Related Group payment
32	methodology. Furthermore, amendment of the Rhode Island state plan for medical assistance
33	(Medicaid) pursuant to Title XIX of the federal Social Security Act is hereby authorized to
34	provide for payment to hospitals for services provided to eligible recipients in accordance with
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1	this chapter.
2	(e) The executive office shall comply with all public notice requirements necessary to
3	implement these rate changes.
4	(f) As a condition of participation in the DRG methodology for payment of hospital
5	services, every hospital shall submit year-end settlement reports to the executive office within one
6	year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit
7	a year-end settlement report as required by this section, the executive office shall withhold
8	financial cycle payments due by any state agency with respect to this hospital by not more than
9	ten percent (10%) until said report is submitted. For hospital fiscal year 2010 and all subsequent
10	fiscal years, hospitals will not be required to submit year-end settlement reports on payments for
11	outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not
12	be required to submit year-end settlement reports on claims for hospital inpatient services.
13	Further, for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include
14	only those claims received between October 1, 2009 and June 30, 2010.
15	(g) The provisions of this section shall be effective upon implementation of the
16	amendments and new payment methodology pursuant to this section and § 40-8-13.3, which shall
17	in any event be no later than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-
18	19-14, 27-19-15, and 27-19-16 shall be repealed in their entirety.
19	40-8-19. Rates of payment to nursing facilities. -- (a) Rate reform. (1) The rates to be
20	paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to
21	participate in the Title XIX Medicaid program for services rendered to Medicaid-eligible
22	residents, shall be reasonable and adequate to meet the costs which must be incurred by
23	efficiently and economically operated facilities in accordance with 42 U.S.C. § 1396a(a)(13). The
24	executive office of health and human services shall promulgate or modify the principles of
25	reimbursement for nursing facilities in effect as of July 1, 2011 to be consistent with the
26	provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq., of the Social Security Act.
27	(2) The executive office of health and human services ("Executive Office") shall review
28	the current methodology for providing Medicaid payments to nursing facilities, including other
29	long-term care services providers, and is authorized to modify the principles of reimbursement to
30	replace the current cost based methodology rates with rates based on a price based methodology
31	to be paid to all facilities with recognition of the acuity of patients and the relative Medicaid
32	occupancy, and to include the following elements to be developed by the executive office:
33	(i) A direct care rate adjusted for resident acuity;
34	(ii) An indirect care rate comprised of a base per diem for all facilities;
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1	(iii) A rearray of costs for all facilities every three (3) years beginning October, 2015,
2	which may or may not result in automatic per diem revisions;
3	(iv) Application of a fair rental value system;
4	(v) Application of a pass-through system; and
5	(vi) Adjustment of rates by the change in a recognized national nursing home inflation
6	index to be applied on October 1st of each year, beginning October 1, 2012. This adjustment will
7	not occur on October 1, 2013 or on October 1, 2014, but will resume on October 1, 2014 2015.
8	Said inflation index shall be applied without regard for the transition factor in subsection (b)(2)
9	below.
10	(b) Transition to full implementation of rate reform. For no less than four (4) years after
11	the initial application of the price-based methodology described in subdivision (a) (2) to payment
12	rates, the executive office of health and human services shall implement a transition plan to
13	moderate the impact of the rate reform on individual nursing facilities. Said transition shall
14	include the following components:
15	(1) No nursing facility shall receive reimbursement for direct care costs that is less than
16	the rate of reimbursement for direct care costs received under the methodology in effect at the
17	time of passage of this act; and
18	(2) No facility shall lose or gain more than five dollars ($5.00) in its total per diem rate
19	the first year of the transition. The adjustment to the per diem loss or gain may be phased out by
20	twenty-five percent (25%) each year; and
21	(3) The transition plan and/or period may be modified upon full implementation of
22	facility per diem rate increases for quality of care related measures. Said modifications shall be
23	submitted in a report to the general assembly at least six (6) months prior to implementation.
24	SECTION 3. The Rhode Island Medicaid Reform Act of 2008.
25	WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled "The Rhode
26	Island Medicaid Reform Act of 2008"; and
27	WHEREAS, a Joint Resolution is required pursuant to Rhode Island General Laws § 42-
28	12.4-1, et seq.; and
29	WHEREAS, Rhode Island General Law § 42-12.4-7 provides that any change that
30	requires the implementation of a rule or regulation or modification of a rule or regulation in
31	existence prior to the implementation of the global consumer choice section 1115 demonstration
32	("the demonstration") shall require prior approval of the general assembly; and further provides
33	that any category II change or category III change as defined in the demonstration shall also
34	require prior approval by the general assembly; and
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1	WHEREAS, Rhode Island General Law § 42-7.2-5 provides that the Secretary of the
2	Office of Health and Human Services is responsible for the "review and coordination of any
3	Global Consumer Choice Compact Waiver requests and renewals as well as any initiatives and
4	proposals requiring amendments to the Medicaid state plan or category II or III changes as
5	described in the demonstration, with "the potential to affect the scope, amount, or duration of
6	publicly-funded health care services, provider payments or reimbursements, or access to or the
7	availability of benefits and services provided by Rhode Island general and public laws"; and
8	WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
9	fiscally sound and sustainable, the Secretary requests general assembly approval of the following
10	proposals to amend the demonstration:
11	(a) Nursing Facility Payment Rates – Eliminate Rate Increase. The Medicaid single state
12	agency proposes to eliminate the projected nursing facility rate increase that would otherwise take
13	effect during the state fiscal year 2015. A category II change is required to implement this
14	proposal under the terms and conditions of the demonstration. Further, this change may also
15	require the adoption of new or amended rules, regulations and procedures.
16	(b) Medicaid Hospital Payments – Eliminate Rate Increases for Hospital Inpatient and
17	Outpatient Payments. The Medicaid single state agency proposes to reduce inpatient and
18	outpatient hospital payments by eliminating the projected rate increase for both managed care and
19	fee-for-service for state fiscal year 2015. Also, the Medicaid single state agency proposes to
20	eliminate the upper payment limit payment for outpatient services for this same period. A
21	category II change is required to implement both aspects of this proposal under the terms and
22	conditions of the Section 1115 waiver demonstration.
23	(c) Medicaid Manage Care Payments- Reduction. The Medicaid agency seeks to reduce
24	the projected growth in capitation payments to managed care organizations for SFY 2015.
25	Implementation of this reduction requires a Category II change under the terms and conditions of
26	the Medicaid demonstration to assure payment rates remain actuarially sound as is required by
27	federal laws and regulation.
28	(d) High Cost Care Review and Interventions – Lower Utilization and Cost. By
29	implementing an array of interventions providing intensive services and case management for
30	Medicaid beneficiaries with chronic and disabling conditions and special health care needs, the
31	Medicaid Agency proposes to reduce utilization of high cost services by certain children enrolled
32	in RIte Care, children with special health care needs, and elders and adults with disabilities.
33	Implementation of these interventions may require category II changes to the demonstration as
34	well as adoption or amendment of rules, regulations and procedures.
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1	(e) Community First Choice (1915k) Option – Increase Federal Reimbursement for
2	Home and Community-Based Alternatives. The Medicaid Agency proposed to pursue the
3	Community First Choice (CFC) Medicaid State Plan option as part of ongoing reforms to
4	promote home and community-based alternatives to institutionally-based long-term services and
5	supports. Implementation of the CFC option requires approval of a Medicaid State Plan
6	Amendments and may require changes to the demonstration. New and amended rules, regulations
7	and procedures may also be necessary related to these program changes.
8	(f) Qualified Health Plan (QHP) Coverage for Medicaid-eligible Pregnant and Post-
9	Partum Women – Promote QHP Coverage. With the implementation of health care reform in
10	Rhode Island, many pregnant women with income from 133 to 250 percent of the federal poverty
11	level (FPL) will have access to coverage through a commercial plan. This initiative proposes to
12	support enrollment/retention of coverage in these commercial plans by providing: 1) a RIte
13	Share-like premium subsidy to assist in paying for the out-of-pocket costs in a commercial plan;
14	and 2) wraparound coverage for services available if covered through Medicaid. Such an
15	arrangement would result in a net savings to the Medicaid program. Implementation of this
16	initiative requires Section 1115 waiver authority and may necessitate changes to EOHHS' rules,
17	regulations and procedures.
18	(g) Extended Family Planning Services – Enhanced federal funds. The Medicaid agency
19	sought Section 1115 demonstration waiver authority for any services and supports that are
20	administered under current Rhode Island general laws to maximize Medicaid federal matching
21	funds. This authority would provide enhanced Medicaid matching funds for family planning for
22	uninsured and underinsured people with income up to 250 percent of the federal poverty level.
23	The adoption of new or amended rules and regulations may also be required.
24	(h) Katie Beckett Eligibility Coverage – Cost Contribution. Under current Medicaid rules
25	and regulations, Medicaid beneficiaries receiving long-term services and supports are required to
26	contribute to the cost of care based on income to the extent feasible. The Katie Beckett State Plan
27	Option allows children who need an institutional level of care to obtain Medicaid coverage for the
28	care they receive at home. Children eligible under this option typically have family income and
29	resources that exceed Medicaid eligibility limits; though the Katie Beckett option enables these
30	children to obtain Medicaid coverage by excluding their parents' family income and resources
31	when determining Medicaid eligibility. At present, the families of Katie Beckett children are not
32	required to contribute to the cost of Medicaid-funded care, irrespective of income. The Medicaid
33	agency proposes to implement an income-based, cost-sharing requirement for families with a
34	Katie Beckett eligible child. Implementation of this requirement requires a Category II change to
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1	the Section 1115 waiver and new and amended rules, regulations and procedures.
2	(i) Approved Authorities: Section 1115 Waiver Demonstration Extension. The Medicaid
3	agency proposes to implement authorities approved under the Section 1115 waiver demonstration
4	extension request – formerly known as the Global Consumer Choice Waiver – that (1) continue
5	efforts to re-balance the system of long term services and supports by assisting people in
6	obtaining care in the most appropriate and least restrictive setting; (2) pursue utilization of care
7	management models that offer a "health home", promote access to preventive care, and provide
8	an integrated system of services; (3) use payments and purchasing to finance and support
9	Medicaid initiatives that fill gaps in the integrated system of care; and (4) recognize and assure
10	access to the non-medical services and supports, such as peer navigation and employment and
11	housing stabilization services, that are essential for optimizing a person's health, wellness and
12	safety and reduce or delay the need for long term services and supports.
13	(j) Medicaid Requirements and Opportunities under the U.S. Patient Protection and
14	Affordable Care Act of 2010 (PPACA). The Medicaid agency proposes to pursue any
15	requirements and/or opportunities established under the PPACA that may warrant a Medicaid
16	State Plan Amendment, category II or III change under the terms and conditions of Rhode
17	Island's Section 1115 Waiver, its successor, or any extension thereof. Any such actions the
18	Medicaid agency takes shall not have an adverse impact on beneficiaries or cause there to be an
19	increase in expenditures beyond the amount appropriated for state fiscal year 2014; now,
20	therefore, be it
21	RESOLVED, that the general assembly hereby approves proposals (a) through (j) listed
22	above to amend the Section 1115 demonstration waiver; and be it further
23	RESOLVED, that the secretary of the office of health and human services is authorized
24	to pursue and implement any waiver amendments, category II or category III changes, state plan
25	amendments and/or changes to the applicable department's rules, regulations and procedures
26	approved herein and as authorized by § 42-12.4-7.
27	SECTION 4. This article shall take effect upon passage.
28	ARTICLE 26
29	RELATING TO CHILDREN, YOUTH, AND FAMILIES
30	SECTION 1. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department
31	of Children, Youth, and Families" is hereby amended to read as follows:
32	42-72-5. Powers and scope of activities. -- (a) The department is the principal agency of
33	the state to mobilize the human, physical and financial resources available to plan, develop, and
34	evaluate a comprehensive and integrated statewide program of services designed to ensure the
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1	opportunity for children to reach their full potential. The services include prevention, early
2	intervention, out-reach, placement, care and treatment, and after-care programs; provided,
3	however, that the department notifies the state police and cooperates with local police
4	departments when it receives and/or investigates a complaint of sexual assault on a minor and
5	concludes that probable cause exists to support the allegations(s). The department also serves as
6	an advocate for the needs of children.
7	(b) To accomplish the purposes and duties, as set forth in this chapter, the director is
8	authorized and empowered:
9	(1) To establish those administrative and operational divisions of the department that the
10	director determines is in the best interests of fulfilling the purposes and duties of this chapter;
11	(2) To assign different tasks to staff members that the director determines best suit the
12	purposes of this chapter;
13	(3) To establish plans and facilities for emergency treatment, relocation and physical
14	custody of abused or neglected children which may include, but are not limited to,
15	homemaker/educator child case aides, specialized foster family programs, day care facilities,
16	crisis teams, emergency parents, group homes for teenage parents, family centers within existing
17	community agencies, and counseling services;
18	(4) To establish, monitor, and evaluate protective services for children including, but not
19	limited to, purchase of services from private agencies and establishment of a policy and
20	procedure manual to standardize protective services;
21	(5) To plan and initiate primary and secondary treatment programs for abused and
22	neglected children;
23	(6) To evaluate the services of the department and to conduct periodic comprehensive
24	needs assessment;
25	(7) To license, approve, monitor, and evaluate all residential and non-residential child
26	care institutions, group homes, foster homes, and programs;
27	(8) To recruit and coordinate community resources, public and private;
28	(9) To promulgate rules and regulations concerning the confidentiality, disclosure and
29	expungement of case records pertaining to matters under the jurisdiction of the department;
30	(10) To establish a minimum mandatory level of twenty (20) hours of training per year
31	and provide ongoing staff development for all staff; provided, however, all social workers hired
32	after June 15, 1991, within the department shall have a minimum of a bachelor's degree in social
33	work or a closely related field, and must be appointed from a valid civil service list;
34	(11) To establish procedures for reporting suspected child abuse and neglect pursuant to
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1	chapter 11 of title 40;
2	(12) To promulgate all rules and regulations necessary for the execution of departmental
3	powers pursuant to the Administrative Procedures Act, chapter 35 of title 42;
4	(13) To provide and act as a clearinghouse for information, data and other materials
5	relative to children;
6	(14) To initiate and carry out studies and analysis which will aid in solving local, regional
7	and statewide problems concerning children;
8	(15) To represent and act on behalf of the state in connection with federal grant programs
9	applicable to programs for children in the functional areas described in this chapter;
10	(16) To seek, accept, and otherwise take advantage of all federal aid available to the
11	department, and to assist other agencies of the state, local agencies, and community groups in
12	taking advantage of all federal grants and subventions available for children;
13	(17) To review and coordinate those activities of agencies of the state and of any political
14	subdivision of the state which affect the full and fair utilization of community resources for
15	programs for children, and initiate programs that will help assure utilization;
16	(18) To administer the pilot juvenile restitution program, including the overseeing and
17	coordinating of all local community based restitution programs, and the establishment of
18	procedures for the processing of payments to children performing community service; and
19	(19) To adopt rules and regulations which:
20	(i) For the twelve (12) month period beginning on October 1, 1983, and for each
21	subsequent twelve (12) month period, establish specific goals as to the maximum number of
22	children who will remain in foster care for a period in excess of two (2) years; and
23	(ii) Are reasonably necessary to implement the child welfare services and foster care
24	programs;
25	(20) May establish and conduct seminars for the purpose of educating children regarding
26	sexual abuse;
27	(21) To establish fee schedules by regulations for the processing of requests from
28	adoption placement agencies for adoption studies, adoption study updates, and supervision related
29	to interstate and international adoptions. The fee shall equal the actual cost of the service(s)
30	rendered, but in no event shall the fee exceed two thousand dollars ($2,000);
31	(22) To be responsible for the education of all children who are placed, assigned, or
32	otherwise accommodated for residence by the department in a state operated or supported
33	community residence licensed by a Rhode Island state agency. In fulfilling this responsibility the
34	department is authorized to enroll and pay for the education of students in the public schools or,
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1	when necessary and appropriate, to itself provide education in accordance with the regulations of
2	the board of regents for elementary and secondary education either directly or through contract;
3	(23) To develop multidisciplinary service plans, in conjunction with the department of
4	health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the
5	development of a plan using all health care professionals.
6	(24) To be responsible for the delivery of appropriate mental health services to seriously
7	emotionally disturbed children and children with functional developmental disabilities.
8	Appropriate mental health services may include hospitalization, placement in a residential
9	treatment facility, or treatment in a community based setting. The department is charged with the
10	responsibility for developing the public policy and programs related to the needs of seriously
11	emotionally disturbed children and children with functional developmental disabilities.
12	In fulfilling its responsibilities the department shall:
13	(i) Plan a diversified and comprehensive network of programs and services to meet the
14	needs of seriously emotionally disturbed children and children with functional developmental
15	disabilities;
16	(ii) Provide the overall management and supervision of the state program for seriously
17	emotionally disturbed children and children with functional developmental disabilities;
18	(iii) Promote the development of programs for preventing and controlling emotional or
19	behavioral disorders in children;
20	(iv) Coordinate the efforts of several state departments and agencies to meet the needs of
21	seriously emotionally disturbed children and children with functional developmental disabilities
22	and to work with private agencies serving those children;
23	(v) Promote the development of new resources for program implementation in providing
24	services to seriously emotionally disturbed children and children with functional developmental
25	disabilities.
26	The department shall adopt rules and regulations, which are reasonably necessary to
27	implement a program of mental health services for seriously emotionally disturbed children.
28	Each community, as defined in chapter 7 of title 16, shall contribute to the department, at
29	least in accordance with rules and regulations to be adopted by the department, at least its average
30	per pupil cost for special education for the year in which placement commences, as its share of
31	the cost of educational services furnished to a seriously emotionally disturbed child pursuant to
32	this section in a residential treatment program which includes the delivery of educational services.
33	"Seriously emotionally disturbed child" means any person under the age of eighteen (18)
34	years or any person under the age of twenty-one (21) years who began to receive services from
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1	the department prior to attaining eighteen (18) years of age and has continuously received those
2	services thereafter who has been diagnosed as having an emotional, behavioral or mental disorder
3	under the current edition of the Diagnostic and Statistical Manual and that disability has been on-
4	going for one year or more or has the potential of being ongoing for one year or more, and the
5	child is in need of multi-agency intervention, and the child is in an out-of-home placement or is at
6	risk of placement because of the disability.
7	A child with a "functional developmental disability" means any person under the age of
8	eighteen (18) years, or any person under the age of twenty-one (21) years who began to receive
9	services from the department prior to attaining eighteen (18) years of age and has continuously
10	received those services thereafter.
11	The term "functional developmental disability" includes autism spectrum disorders and
12	means a severe, chronic disability of a person which:
13	(a) Is attributable to a mental or physical impairment or combination of mental physical
14	impairments;
15	(b) Is manifested before the person attains age eighteen (18);
16	(c) Is likely to continue indefinitely;
17	(d) Results in age- appropriate substantial functional limitations in three (3) or more of
18	the following areas of major life activity.
19	(i) Self-care;
20	(ii) Receptive and expressive language;
21	(iii) Learning;
22	(iv) Mobility;
23	(v) Self-direction;
24	(vi) Capacity for Independent Living; and
25	(vii) Economic self-sufficiency; and
26	(e) Reflects the person's need for a combination and sequence of special,
27	interdisciplinary, or generic care, treatment, or other services which are of life-long or extended
28	duration and are individually planned and coordinated.
29	Funding for these clients shall include funds that are transferred to the Department of
30	Human Services as part of the Managed Health Care program transfer. However, the expenditures
31	relating to these clients shall not be part of the Department of Human Services' Caseload
32	estimated for the semi-annual Caseload Estimating Conference. The expenditures shall be
33	accounted for separately.
34	(25) To provide access to services to any person under the age of eighteen (18) years or
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1	any person under the age of twenty-one (21) years who began to receive child welfare services
2	from the department prior to attaining eighteen (18) years of age, has continuously received those
3	services and elects to continue to receive such services after attaining the age of eighteen (18)
4	years. The assembly has included funding in the FY 2008 Department of Children, Youth and
5	Families budget in the amount of $10.5 million from all sources of funds and $6.0 million from
6	general revenues to provide a managed system to care for children serviced between 18 to 21
7	years of age. The department shall manage this caseload to this level of funding.
8	(26) To develop and maintain, in collaboration with other state and private agencies, a
9	comprehensive continuum of care in this state for children in the care and custody of the
10	department or at risk of being in state care. This continuum of care should be family-centered and
11	community-based with the focus of maintaining children safely within their families or, when a
12	child cannot live at home, within as close proximity to home as possible based on the needs of the
13	child and resource availability. The continuum should include community-based prevention,
14	family support and crisis intervention services as well as a full array of foster care and residential
15	services, including residential services designed to meet the needs of children who are seriously
16	emotionally disturbed, children who have a functional developmental disability and youth who
17	have juvenile justice issues. The director shall make reasonable efforts to provide a
18	comprehensive continuum of care for children in the care and custody of the DCYF, taking into
19	account the availability of public and private resources and financial appropriations and the
20	director shall submit an annual report to the general assembly as to the status of his or her efforts
21	in accordance with the provisions of subsection 42-72-4(b)(13).
22	(27) To administer funds under the John H. Chafee Foster Care Independence and
23	Educational And Training Voucher (ETV) Programs of Title IV-E of the Social Security Act, and
24	the DCYF Higher Education Opportunity Grant Program as outlined in RIGL § 42-72.8, in
25	accordance with rules and regulations as promulgated by the director of the department.
26	(c) In order to assist in the discharge of his or her duties, the director may request from
27	any agency of the state information pertinent to the affairs and problems of children.
28	(d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]
29	(e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]
30	(f) Notwithstanding the provisions of subsections 42-72-5 (b)(24) and 42-72-5(b)(25), a
31	person aged 19 years or older with a "functional developmental disability", as defined in
32	subsection 42-72-5 (b)(24), who is receiving services under this section may, at the discretion of
33	the director, be transferred to the developmental disabilities program of the department of
34	behavioral healthcare, developmental disabilities and hospitals, provided that he or she qualifies
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1	as eligible for services under § 40.1-1-8.1 through the department of behavioral healthcare,
2	developmental disabilities and hospitals.
3	SECTION 2. This article shall take effect upon passage.
4	ARTICLE 27
5	RELATING TO MEDICAL ASSISTANCE RECOVERIES
6	SECTION 1. Chapter 34-4 of the General Laws entitled "Estates in Real Property" is
7	hereby amended by adding thereto the following section:
8	34-4-2.1. Reservation of Life Estate with enhanced powers. -- A grantor may convey
9	title to real estate and reserve a life estate therein, coupled with the reserved power and authority,
10	during his or her lifetime, to sell, convey, mortgage, or otherwise dispose of the real property
11	without the consent or joinder by the holders of the remainder interest. A duly-executed
12	conveyance by the life tenant exercising such reserved powers shall, upon recording, vest good
13	title to the interest conveyed in the grantee thereof, free and clear of any right, title and interest of
14	the holders of the remainder interest without the necessity of any additional conveyance by any
15	such remaindermen.
16	SECTION 2. Section 40-6-9 of the General Laws in Chapter 40-6 entitled "Public
17	Assistance Act" is hereby amended to read as follows:
18	40-6-9. Assignment and subrogation for recovery of child, spousal and medical
19	support rights. -- (a) An applicant for or recipient of public assistance under this chapter or
20	under title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., for and on behalf of
21	himself or herself and for and on behalf of a child or children, shall be deemed, without the
22	necessity of signing any document for purposes of recovery, to have made an assignment and
23	given a right of subrogation to the executive office of health and human services and/or the
24	department of human services, as applicable, of any and all rights and interests in any cause of
25	action, past, present, or future, that the applicant or recipient may have against any person failing
26	to or obligated to provide for the support, maintenance, and medical care of the applicant,
27	recipient, and/or minor child or children, for the period of time that assistance is being paid by the
28	executive office of health and human services and/or the department. The executive office of
29	health and human services and/or the department shall be subrogated to any and all rights, title,
30	and interest the applicant or recipient may have against any and all property belonging to the
31	obligated or non-supporting person in the enforcement of any claim for child, spousal, and
32	medical support, whether liquidated through court order or not. The applicant or recipient shall
33	also be deemed, without the necessity of signing any document, to have appointed the executive
34	office of health and human services and/or the department of human services as his or her true
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1	and lawful attorney in fact to act in his or her name, place, and stead to perform the specific act of
2	instituting suit to establish paternity or secure support and medical care, collecting any and all
3	amounts due and owing for child, spousal, and medical support, endorsing any and all drafts,
4	checks, money orders, or other negotiable instruments representing support payments which are
5	received by executive office of health and human services and/or the department, and retaining
6	any portion thereof permitted under federal and state statutes as reimbursement for financial, and
7	medical and any other assistance previously paid to or for the recipient, child, or children.
8	(b) An applicant for or a recipient of medical assistance provided by executive office of
9	health and human services and/or the department pursuant to this chapter or chapter 8 of this title
10	or title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., for and on behalf of
11	himself or herself, and for and on behalf of any other person for whom he or she may legally
12	assign rights to any medical support or any other medical care, shall be deemed, without the
13	necessity of signing any document for purposes of reimbursement, to have made an assignment
14	and given a right of subrogation to executive office of health and human services and/or the
15	department of human services of any and all rights and interests that he, she, or such other person
16	may have: (1) to payment for any medical support; and (2) to any payment for any medical care
17	from any third party that has a legal liability to pay for care and services available and provided to
18	the applicant or recipient. The executive office of health and human services and/or the
19	department of human services shall, in accordance with this section and all applicable state and
20	federal laws, be entitled to any payments by a third party to recover costs from the full amount of
21	an applicant's or recipient's liability settlement(s). For this purpose, the executive office of health
22	and human services may place a lien against an applicant's or recipient's liability settlement(s).
23	(c) In addition to the assignments and subrogation rights provided in subsections (a) and
24	(b) of this section, an applicant for or a recipient of financial assistance provided by the executive
25	office of health and human services and/or department pursuant to this chapter, whenever the
26	assistance is necessary by reason of accident, injury, or illness for which a third party may be
27	liable, for and on behalf of himself or herself, and for and on behalf of any other person for whom
28	he or she may legally act, shall be deemed, without the necessity of signing any document, to
29	have assigned and subrogated to the executive office of health and human services and/or the
30	department of human services, from amounts recovered or recoverable from any third party, an
31	amount of money equal to the amount of financial assistance provided as a result of the accident,
32	illness, or injury.
33	(d) With respect to an assignment and subrogation rights established pursuant to this
34	section, an applicant or recipient shall provide to the executive office of health and human
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1	services and/or the department of human services all relevant information regarding the assigned
2	and subrogated rights, and shall execute any documents relating thereto, in accordance with rules
3	and regulations to be adopted by the executive office of health and human services and/or the
4	department.
5	(e) With respect to any assignment and subrogation rights for medical or financial
6	support or other recoveries under this section, the executive office of health and human services
7	and/or the department of human services shall be considered to have acquired the rights of such
8	individual to payment by any third party for such medical care and support, and financial support
9	and other recoveries.
10	(f) An applicant for or a recipient of medical assistance provided by the executive office
11	of health and human services in accordance with chapter 40-8 shall also be subject to the
12	provisions of chapter 27-57.1. Funds available to be paid for the payment of child support shall
13	supersede any payment made pursuant to this chapter and chapter 27-57.1.
14	(g) The executive office of health and human services and/or the department of human
15	services shall, in accordance with this section and all applicable state and federal laws, be entitled
16	to any payments by a third party to recover costs from the full amount of an applicant's or
17	recipient's liability settlement(s). For this purpose, the executive office of health and human
18	services may place a lien against an applicant's or recipient's liability settlement(s). Nothing in
19	these sections shall limit the executive office of health and human services and/or the department
20	of human services from recovery, to the extent of the distribution, in accordance" with all state
21	and federal laws.
22	SECTION 3. Chapter 40-8 of the General Laws entitled "Medical Assistance" is hereby
23	amended by adding thereto the following section:
24	40-8-3.1. Life Estate in Property- Retained Powers. -- (a) Every applicant or recipient
25	of medical assistance who owns a life estate in property that is his or her primary residence, with
26	a retained right to revoke, amend or redesignate the remainderman, will not be eligible for
27	medical assistance, unless the applicant or recipient conveys all outstanding remainder interest to
28	him or herself, in accordance with rules and regulations promulgated by the executive office of
29	health and human services.
30	(b) An applicant or recipient who has reserved a life estate with retained rights to revoke,
31	amend or redesignate the remainderman by a deed created, executed and recorded prior to the
32	effective date of this section, shall not be ineligible for medical assistance on the basis of such
33	deed, regardless of whether the remainderman is a person or persons, a trust or entity.
34	SECTION 4. Section 2 of this article shall take effect as of October 1, 2014. The
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1	remainder of this article shall take effect upon passage.
2	ARTICLE 28
3	RELATING TO EDUCATION
4	SECTION 1. Section 16-8-10.1 of the General Laws in Chapter 16-8 entitled "Federal
5	Aid" is hereby amended to read as follows:
6	16-8-10.1. Mandatory school breakfast programs. -- (a) All public schools shall make
7	a breakfast program available to students attending the school. The breakfast meal shall meet any
8	rules and regulations that are adopted by the commissioner.
9	(b) The state of Rhode Island shall may provide school districts a per breakfast subsidy
10	for each breakfast served to students. The general assembly shall may choose to annually
11	appropriate some sum and distribute it based on each district's proportion of the number of
12	breakfasts served in the prior school year relative to the statewide total in the same year. This
13	subsidy, if appropriated, shall augment the nonprofit school food service account and be used for
14	expenses incurred in providing nutritious breakfast meals to students.
15	SECTION 2. Section 16-23-3.1 of the General Laws in Chapter 16-23 entitled
16	"Textbooks" is hereby repealed.
17	16-23-3.1. Reimbursements to municipalities for costs of English/language arts and
18	history/social studies textbooks for students in grades K-12. --There is hereby established a
19	textbook reimbursement fund for which the general assembly shall make a specific appropriation.
20	The department of elementary and secondary education shall administer the appropriation. School
21	districts shall submit to the department of elementary and secondary education evidence of the
22	cost of English/language arts and/or history/social studies textbooks that the district has provided
23	to students in grades K-12 pursuant to § 16-23-2. The costs shall be reimbursed from the textbook
24	reimbursement fund by the department of elementary and secondary education upon presentation
25	by a school district of the evidence of cost.
26	SECTION 3. This article shall take effect as of July 1, 2014.
27	ARTICLE 29
28	RELATING TO EFFECTIVE DATE
29	This article provides that the act shall take effect as of July 1, 2014, except as otherwise
30	provided herein.
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