2015 -- H 5900

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LC002168

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL

YEAR ENDING JUNE 30, 2016

     

     Introduced By: Representative Raymond E. Gallison

     Date Introduced: March 13, 2015

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

1

     ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY

2

2016

3

     ARTICLE 2 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION

4

     ARTICLE 3 RELATING TO LICENSING OF HOSPITAL FACILITIES

5

     ARTICLE 4 RELATING TO HOSPITAL UNCOMPENSATED CARE

6

     ARTICLE 5 RELATING TO MEDICAL ASSISTANCE

7

     ARTICLE 6 RELATING TO EDUCATION

8

     ARTICLE 7 RELATING TO HIGHER EDUCATION ASSISTANCE AUTHORITY

9

     ARTICLE 8 RELATING TO MUNICIPALITIES

10

     ARTICLE 9 RELATING TO SCHOOL BUILDING AUTHORITY CAPITAL FUND

11

     ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN

12

SUPPORT OF FY 2015

13

     ARTICLE 11 RELATING TO REVENUES

14

     ARTICLE 12 RELATING TO TOBACCO SETTLEMENT FINANCING TRUST

15

     ARTICLE 13 RELATING TO RESTRICTED RECEIPT ACCOUNTS

16

     ARTICLE 14 RELATING TO STATE BUDGET

17

     ARTICLE 15 RELATING TO THE RHODE ISLAND LOCAL AGRICULTURE

18

AND SEAFOOD ACT & COMMERCIAL FEEDS

 

1

     ARTICLE 16 RELATING TO BAYS, RIVERS AND WATERSHEDS

2

     ARTICLE 17 RELATING TO DEPARTMENT OF CHILDREN, YOUTH AND

3

FAMILIES

4

     ARTICLE 18 RELATING TO DIVISION OF ADVOCACY

5

     ARTICLE 19 RELATING TO CONSOLIDATION OF DEPARTMENT OF HEALTH

6

BOARDS

7

     ARTICLE 20 RELATING TO PROFESSIONAL LICENSES

8

     ARTICLE 21 RELATING TO TRANSPORTATION

9

     ARTICLE 22 RELATING TO PERSONNEL REFORM

10

     ARTICLE 23 RELATING TO CORRECTIONS

11

     ARTICLE 24 RELATING TO INFRASTRUCTURE BANK

12

     ARTICLE 25 RELATING TO STATE POLICE PENSIONS

13

     ARTICLE 26 RELATING TO DIVISION OF MOTOR VEHICLES

14

     ARTICLE 27 RELATING TO LEGAL NOTICES

15

     ARTICLE 28 RELATING TO HEALTH REFORM ASSESSMENT

16

     ARTICLE 29 RELATING TO COMMERCE CORPORATION AND ECONOMIC

17

DEVELOPMENT

18

     ARTICLE 30 RELATING TO EFFECTIVE DATE

 

LC002168 - Page 2 of 570

1

ARTICLE 1

2

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2016

3

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

4

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

5

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

6

2016. The amounts identified for federal funds and restricted receipts shall be made available

7

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

8

the 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 2,806,924

15

Office of Digital Excellence 984,019

16

Total – General Revenues 3,790,943

17

Total – Central Management 3,790,943

18

Legal Services

19

General Revenues 2,166,696

20

Total – Legal Services 2,166,696

21

Accounts and Control

22

General Revenues 4,080,143

23

Total – Accounts and Control 4,080,143

24

Office of Management and Budget

25

General Revenues 4,038,196

26

Total – Office of Management and Budget 4,038,196

27

Purchasing

28

General Revenues 2,764,921

29

Other Funds 320,487

30

Total – Purchasing 3,085,408

31

Auditing

32

General Revenues 1,476,262

33

Total – Auditing 1,476,262

34

Human Resources

 

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1

General Revenues 7,679,763

2

Federal Funds 800,576

3

Restricted Receipts 489,333

4

Other Funds 1,401,403

5

Total – Human Resources 10,371,075

6

Personnel Appeal Board

7

General Revenues 119,874

8

Total – Personnel Appeal Board 119,874

9

Facilities Management

10

General Revenues 32,172,352

11

Federal Funds 1,208,674

12

Restricted Receipts 376,880

13

Other Funds 3,923,319

14

Total – Facilities Management 37,681,225

15

Capital Projects and Property Management

16

General Revenues 3,559,865

17

Federal Funds 21,955

18

Restricted Receipts 127,339

19

Other Funds

20

Statewide Capital Consolidation 495,821

21

Other Funds 495,821

22

Total – Capital Projects and Property Management 4,204,980

23

Information Technology

24

General Revenues 20,201,589

25

Federal Funds 6,746,649

26

Restricted Receipts 8,509,460

27

Other Funds 2,829,157

28

Total – Information Technology 38,286,855

29

Library and Information Services

30

General Revenues 913,995

31

Federal Funds 1,204,253

32

Restricted Receipts 180

33

Total – Library and Information Services 2,118,428

34

Planning

 

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1

General Revenues 1,316,146

2

Federal Funds 1,073,871

3

Other Funds 3,254,638

4

Total – Planning 5,644,655

5

General

6

General Revenues

7

Miscellaneous Grants/Payments 146,049

8

Torts – Courts/Awards 400,000

9

State Employees/Teachers Retiree Health Subsidy 2,321,057

10

Resource Sharing and State Library Aid 8,773,398

11

Library Construction Aid 2,663,300

12

General Revenue Total 14,303,804

13

Federal Funds 4,345,555

14

Restricted Receipts 421,500

15

Other Funds

16

Rhode Island Capital Plan Fund

17

Statehouse Renovations 575,000

18

DoIT Enterprise Operations Center 300,000

19

Cranston Street Armory 983,501

20

Cannon Building 1,240,000

21

Zambarano Building Rehabilitation 550,000

22

Pastore Center Rehab DOA Portion 2,055,000

23

Old State House 1,225,000

24

State Office Building 2,798,000

25

Old Colony House 695,000

26

William Powers Building 1,200,000

27

Pastore Center Utility Systems Upgrade 3,487,000

28

Replacement of Fueling Tanks 300,000

29

Environmental Compliance 200,000

30

Big River Management Area 120,000

31

Washington County Government Center 225,000

32

Veterans Memorial Auditorium 250,000

33

Chapin Health Laboratory 1,315,000

34

Pastore Center Parking 200,000

 

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1

Pastore Center Water Tanks 280,000

2

RI Convention Center Authority 1,000,000

3

Dunkin Donuts Center 1,387,500

4

Mathias Building Renovation 3,100,000

5

McCoy Stadium 250,000

6

Pastore Center Power Plant 500,000

7

Virks Building Renovations 6,500,000

8

Harrington Hall Renovations 1,679,493

9

Accessibility – Facility Renovations 1,000,000

10

Other Funds Total 33,415,494

11

Total – General 52,486,353

12

Debt Service Payments

13

General Revenues 97,957,176

14

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

15

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

16

maximum debt service due in accordance with the loan agreement.

17

Federal Funds 2,657,152

18

Restricted Receipts 2,085,410

19

Other Funds

20

Transportation Debt Service 46,011,341

21

Investment Receipts – Bond Funds 100,000

22

COPS – DLT Building – TDI 271,653

23

Other Funds Total 46,382,994

24

Total - Debt Service Payments 149,082,732

25

Energy Resources

26

Federal Funds 406,587

27

Restricted Receipts 10,194,871

28

Total – Energy Resources 10,601,458

29

Rhode Island Health Benefits Exchange

30

Federal Funds 24,746,063

31

Restricted Receipts 6,180,557

32

Total – Rhode Island Health Benefits Exchange 30,926,620

33

Construction Permitting, Approvals and Licensing

34

General Revenues 1,615,416

 

LC002168 - Page 6 of 570

1

Restricted Receipts 1,409,497

2

Total – Construction Permitting, Approvals and Licensing 3,024,913

3

Office of Diversity, Equity & Opportunity

4

General Revenues 1,098,841

5

Federal Funds 91,294

6

Total – Office of Diversity, Equity & Opportunity 1,190,135

7

Personnel and Operational Reforms

8

General Revenues (25,325,000)

9

Total – Personnel and Operational Reforms (25,325,000)

10

Grand Total – General Revenue Funds 173,930,982

11

Grand Total – Administration 339,051,951

12

Business Regulation

13

Central Management

14

General Revenues 1,435,289

15

Total – Central Management 1,435,289

16

Banking Regulation

17

General Revenues 1,674,773

18

Restricted Receipts 37,000

19

Total – Banking Regulation 1,711,773

20

Securities Regulation

21

General Revenues 962,697

22

Restricted Receipts 3,500

23

Total – Securities Regulation 966,197

24

Insurance Regulation

25

General Revenues 3,885,752

26

Restricted Receipts 1,877,715

27

Total – Insurance Regulation 5,763,467

28

Office of the Health Insurance Commissioner

29

General Revenues 535,017

30

Federal Funds 2,795,240

31

Restricted Receipts 11,500

32

Total – Office of the Health Insurance Commissioner 3,341,757

33

Board of Accountancy

34

General Revenues 16,654

 

LC002168 - Page 7 of 570

1

Total – Board of Accountancy 16,654

2

Commercial Licensing, Racing & Athletics

3

General Revenues 561,821

4

Restricted Receipts 659,062

5

Total – Commercial Licensing, Racing & Athletics 1,220,883

6

Boards for Design Professionals

7

General Revenues 273,009

8

Total – Boards for Design Professionals 273,009

9

Grand Total – General Revenue Funds 9,345,012

10

Grand Total – Business Regulation 14,729,029

11

Executive Office of Commerce

12

Central Management

13

General Revenues 956,254

14

Total – Central Management 956,254

15

Housing and Community Development

16

General Revenues 593,082

17

Federal Funds 10,983,803

18

Restricted Receipts 2,800,000

19

Total – Housing and Community Development 14,376,885

20

RI Television and Film Office

21

General Revenue 325,291

22

Total – RI Television and Film Office 325,291

23

Quasi–Public Appropriations

24

General Revenues

25

Rhode Island Commerce Corporation 7,894,514

26

Rhode Island Commerce Corporation – Legislative Grans 597,350

27

Airport Impact Aid 1,025,000

28

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

29

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

30

the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent

31

(40%) of the first $1,000,000 shall be distributed based on the share of landings during the

32

calendar year 2015 at North Central Airport, Newport-Middletown Airport, Block Island Airport,

33

Quonset Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island

34

Commerce Corporation shall make an impact payment to the towns or cities in which the airport

 

LC002168 - Page 8 of 570

1

is located based on this calculation. Each community upon which any parts of the above airports

2

are located shall receive at least $25,000.

3

STAC Research Alliance 1,150,000

4

Innovative Matching Grants/Internships 500,000

5

I-195 Redevelopment District Commission 761,000

6

Executive Office of Commerce Programs 3,600,000

7

Chafee Center at Bryant 376,200

8

General Revenue Total 15,904,064

9

Other Funds

10

Rhode Island Capital Plan Fund

11

I-195 Redevelopment District Commission 300,000

12

Total – Quasi–Public Appropriations 16,204,064

13

Economic Development Initiatives Fund

14

General Revenue

15

Small Business Assistance Program 5,458,000

16

Anchor Institution Tax Credits 1,750,000

17

Innovation Initiative 500,000

18

Cluster Grants 750,000

19

I-195 Development Fund 25,000,000

20

Affordable Housing Fund 3,000,000

21

Main Street RI Streetscape Improvements 1,000,000

22

Infrastructure Bank 2,000,000

23

First Wave Closing Fund 5,000,000

24

General Revenue Total 44,458,000

25

     Notwithstanding any laws to the contrary, the Secretary of Commerce shall have the

26

authority to transfer funds between the line items of the Economic Development Initiatives Fund

27

as deemed necessary to accomplish the overall purposes of this fund. Prior to any such transfer,

28

the Secretary shall notify in writing the Director of the Office of Management and Budget, the

29

Chair of the House Finance Committee and the Chair of the Senate Finance Committee.

30

Total – Economic Development Initiatives Fund 44,458,000

31

Grand Total – General Revenue Funds 62,236,691

32

Grand Total – Executive Office of Commerce 76,320,494

33

Labor and Training

34

Central Management

 

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1

General Revenues 110,537

2

Restricted Receipts 369,575

3

Other Funds

4

Rhode Island Capital Plan Fund

5

Center General Asset Protection 1,500,000

6

Other Funds Total 1,500,000

7

Total – Central Management 1,980,112

8

Workforce Development Services

9

General Funds 804,517

10

Federal Funds 19,475,428

11

Restricted Receipts 10,339,896

12

Total – Workforce Development Services 30,619,841

13

Workforce Regulation and Safety

14

General Revenues 2,925,633

15

Total – Workforce Regulation and Safety 2,925,633

16

Income Support

17

General Revenues 4,194,431

18

Federal Funds 18,688,633

19

Restricted Receipts 3,918,733

20

Other Funds

21

Temporary Disability Insurance Fund 193,989,337

22

Employment Security Fund 180,000,000

23

Other Funds Total 373,989,337

24

Total – Income Support 400,791,134

25

Injured Workers Services

26

Restricted Receipts 8,501,946

27

Total – Injured Workers Services 8,501,946

28

Labor Relations Board

29

General Revenues 389,651

30

Total – Labor Relations Board 389,651

31

Grand Total – General Revenue Funds 8,424,769

32

Grand Total – Labor and Training 445,208,317

33

Department of Revenue

34

Director of Revenue

 

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1

General Revenues 1,144,238

2

Total – Director of Revenue 1,144,238

3

Office of Revenue Analysis

4

General Revenues 574,490

5

Total – Office of Revenue Analysis 574,490

6

Lottery Division

7

Other Funds

8

Lottery Funds 303,850,780

9

Other Funds Total 303,850,780

10

Total – Lottery Division 303,850,780

11

Municipal Finance

12

General Revenues 2,186,998

13

Total – Municipal Finance 2,186,998

14

Taxation

15

General Revenues 19,725,849

16

Federal Funds 1,267,991

17

Restricted Receipts 877,550

18

Other Funds

19

      Motor Fuel Tax Evasion 16,148

20

      Temporary Disability Insurance 932,395

21

Other Funds Total 948,543

22

Total – Taxation 22,819,933

23

Registry of Motor Vehicles

24

General Revenues 19,323,244

25

Federal Funds 47,163

26

Restricted Receipts 2,094,763

27

Total – Registry of Motor Vehicles 21,465,170

28

State Aid

29

General Revenue

30

      Distressed Communities Relief Fund 10,384,458

31

      Payment in Lieu of Tax Exempt Properties 35,080,409

32

      Motor Vehicle Excise Tax Payments 10,000,000

33

      Property Revaluation Program 1,778,760

34

      Municipal Aid 5,000,000

 

LC002168 - Page 11 of 570

1

General Revenue Total 62,243,627

2

Restricted Receipts 922,013

3

Total – State Aid 63,165,640

4

Grand Total – General Revenue Funds 105,198,446

5

Grand Total – Revenue 415,207,249

6

Legislature

7

General Revenues 39,474,071

8

Restricted Receipts 1,680,873

9

Grand Total – Legislature 41,154,944

10

Lieutenant Governor

11

General Revenues 1,227,621

12

Federal Funds 65,000

13

Grand Total – Lieutenant Governor 1,292,621

14

Secretary of State

15

Administration

16

General Revenues 2,553,390

17

Total – Administration 2,553,290

18

Corporations

19

General Revenues 2,302,691

20

Total – Corporations 2,302,691

21

State Archives

22

General Revenues 69,266

23

Restricted Receipts 584,108

24

Total – State Archives 653,374

25

Elections & Civics

26

General Revenues 1,017,899

27

Total – Elections and Civics 1,017,899

28

State Library

29

General Revenues 536,744

30

Total – State Library 536,744

31

Office of Public Information

32

General Revenues 456,540

33

Receipted Receipts 15,000

34

Operating Transfer from Other Funds 436,246

 

LC002168 - Page 12 of 570

1

Total – Office of Public Information 907,786

2

Grand Total – General Revenue Funds 6,936,530

3

Grand Total – Secretary of State 7,971,884

4

General Treasurer

5

Treasury

6

General Revenues 2,193,796

7

Federal Funds 267,251

8

Other Funds

9

Temporary Disability Insurance Fund 218,818

10

Other Funds Total 218,818

11

Total – Treasury 2,679,865

12

State Retirement System

13

Restricted Receipts

14

Admin Expenses – State Retirement System 10,230,709

15

Retirement – Treasury Investment Operations 1,235,591

16

Defined Contribution – Administration 316,195

17

Restricted Receipts Total 11,782,495

18

Total – State Retirement System 11,782,495

19

Unclaimed Property

20

Restricted Receipts 17,986,352

21

Total – Unclaimed Property 17,986,352

22

Crime Victim Compensation Program

23

General Revenues 226,454

24

Federal Funds 624,704

25

Restricted Receipts 1,130,908

26

Total – Crime Victim Compensation Program 1,982,066

27

Grand Total – General Revenue Funds 2,420,250

28

Grand Total – General Treasurer 34,430,778

29

Board of Elections

30

General Revenues 1,818,305

31

Grant Total – Board of Elections 1,818,305

32

Rhode Island Ethics Commission

33

General Revenues 1,644,876

34

Grand Total – Rhode Island Ethics Commission 1,644,876

 

LC002168 - Page 13 of 570

1

Office of Governor

2

General Revenues

3

General Revenues 4,653,467

4

Contingency Fund 250,000

5

General Revenue Total 4,903,467

6

Grand Total – Office of Governor 4,903,467

7

Commission for Human Rights

8

General Revenues 1,252,174

9

Federal Funds 295,836

10

Grand Total – Commission for Human Rights 1,548,010

11

Public Utilities Commission

12

Federal Funds 90,000

13

Restricted Receipts 8,594,685

14

Grand Total – Public Utilities Commission 8,684,685

15

Office of Health and Human Services

16

Central Management

17

General Revenues 26,934,665

18

Federal Funds

19

Federal Funds 94,306,666

20

Federal Funds – Stimulus 105,512

21

Federal Funds Total 94,412,178

22

Restricted Receipts 5,122,130

23

Total – Central Management 126,468,973

24

Medical Assistance

25

General Revenue

26

Managed Care 260,601,136

27

Hospitals 94,786,990

28

Nursing Facilities 91,317,512

29

Home and Community Based Services 33,343,114

30

Other Services 43,354,142

31

Pharmacy 54,877,899

32

Rhody Health 282,331,032

33

General Revenue Total 860,611,825

34

Federal Funds

 

LC002168 - Page 14 of 570

1

Managed Care 292,444,607

2

Hospitals 95,130,207

3

Nursing Facilities 92,493,905

4

Home and Community Based Services 39,871,939

5

Other Services 605,048,605

6

Pharmacy 1,157,420

7

Rhody Health 284,824,311

8

Special Education 19,000,000

9

Federal Funds Total 1,429,970,994

10

Restricted Receipts 10,615,000

11

Total – Medical Assistance 2,301,197,819

12

Division of Advocacy

13

General Revenues 1,973,138

14

Federal Funds 53,125

15

Restricted Receipts 117,343

16

Total – Division of Advocacy 2,143,606

17

Grand Total – General Revenue Funds 889,519,628

18

Grand Total – Office of Health and Human Services 2,429,810,398

19

Children, Youth, and Families

20

Central Management

21

General Revenues 5,575,757

22

Federal Funds 2,288,363

23

Total – Central Management 7,864,120

24

Children's Behavioral Health Services

25

General Revenues 4,593,903

26

Federal Funds 5,700,246

27

Total – Children's Behavioral Health Services 10,294,149

28

Juvenile Correctional Services

29

General Revenue 25,591,602

30

Federal Funds 276,098

31

Total – Juvenile Correctional Services 25,867,700

32

Child Welfare

33

General Revenues 115,876,469

34

Federal Funds

 

LC002168 - Page 15 of 570

1

Federal Funds 49,468,781

2

Federal Funds – Stimulus 433,976

3

Federal Funds Total 49,902,757

4

Restricted Receipts 2,838,967

5

Total – Child Welfare 168,618,193

6

Higher Education Incentive Grants

7

General Revenues 200,000

8

Total – Higher Education Incentive Grants 200,000

9

Grand Total – General Revenue Funds 151,837,731

10

Grand Total – Children, Youth, and Families 212,844,162

11

Health

12

Central Management

13

General Revenues 331,469

14

Federal Funds 6,513,489

15

Restricted Receipts 4,419,416

16

Total – Central Management 11,264,374

17

State Medical Examiner

18

General Revenues 2,774,940

19

Federal Funds 138,641

20

Total – State Medical Examiner 2,913,581

21

Environmental and Health Services Regulation

22

General Revenues 9,552,045

23

Federal Funds 5,801,677

24

Restricted Receipts 3,167,989

25

Total – Environmental and Health Services Regulation 18,521,711

26

Health Laboratories

27

General Revenues 7,375,260

28

Federal Funds 1,976,761

29

Total – Health Laboratories 9,352,021

30

Public Health Information

31

General Revenues 1,556,492

32

Federal Funds 2,326,827

33

Total – Public Health Information 3,883,319

34

Community and Family Health and Equity

 

LC002168 - Page 16 of 570

1

General Revenues 2,532,862

2

Federal Funds

3

Federal Funds 40,588,026

4

Federal Funds – Stimulus 930,169

5

Federal Funds Total 41,518,195

6

Restricted Receipts 24,520,035

7

Total – Community and Family Health and Equity 68,571,092

8

Infectious Disease and Epidemiology

9

General Revenues 1,717,250

10

Federal Funds 5,129,569

11

Total – Infectious Disease and Epidemiology 6,846,819

12

Grand Total – General Revenue 25,840,318

13

Grand Total – Health 121,352,917

14

Human Services

15

Central Management

16

General Revenues 5,032,814

17

Federal Funds 4,180,956

18

Restricted Receipts 520,231

19

Total – Central Management 9,734,001

20

Child Support Enforcement

21

General Revenues 2,996,584

22

Federal Funds 6,645,827

23

Total – Child Support Enforcement 9,642,411

24

Individual and Family Support

25

General Revenues 22,946,992

26

Federal Funds

27

Federal Funds 121,456,115

28

Federal Funds – Stimulus 6,222,500

29

Federal Funds Total 127,678,615

30

Restricted Receipts 737,279

31

Other Funds

32

Rhode Island Capital Plan Fund

33

Blind Vending Facilities 165,000

34

Intermodal Surface Transportation Fund 4,162,981

 

LC002168 - Page 17 of 570

1

Other Funds Total 4,327,981

2

Total – Individual and Family Support 155,690,867

3

Veterans' Affairs

4

General Revenues 20,496,870

5

Federal Funds 8,215,161

6

Restricted Receipts 681,500

7

Total – Veterans' Affairs 29,393,531

8

Health Care Eligibility

9

General Revenues 8,571,757

10

Federal Funds 11,937,561

11

Total – Health Care Eligibility 20,509,318

12

Supplemental Security Income Program

13

General Revenues 18,705,407

14

Total – Supplemental Security Income Program 18,705,407

15

Rhode Island Works

16

General Revenues 9,668,635

17

Federal Funds 78,920,855

18

Total – Rhode Island Works 88,589,490

19

State Funded Programs

20

General Revenues 1,655,560

21

     Of this appropriation, $210,000 shall be used for hardship contingency payments.

22

Federal Funds 268,085,000

23

Total – State Funded Programs 269,740,560

24

Elderly Affairs

25

General Revenues

26

Program Services 6,349,170

27

Care and Safety of the Elderly 1,300

28

General Revenue Total 6,350,470

29

Federal Funds 11,900,244

30

Restricted Receipts 137,026

31

Total – Elderly Affairs 18,387,740

32

Grand Total General Revenue 96,425,089

33

Grand Total – Human Services 620,393,325

34

Behavioral Health, Developmental Disabilities, and Hospitals

 

LC002168 - Page 18 of 570

1

Central Management

2

General Revenues 1,015,570

3

Federal Funds 600,382

4

Total – Central Management 1,615,952

5

Hospital and Community System Support

6

General Revenues 1,468,050

7

Restricted Receipts 762,813

8

Other Funds

9

Rhode Island Capital Plan Fund

10

Medical Center Rehabilitation 150,000

11

Community Facilities Fire Code 400,000

12

Other Funds Total 550,000

13

Total – Hospital and Community System Support 2,780,863

14

Services for the Developmentally Disabled

15

General Revenues 114,123,111

16

Federal Funds 113,792,233

17

Restricted Receipts 1,759,132

18

Other Funds

19

Rhode Island Capital Plan Fund

20

DD Private Waiver 300,000

21

Regional Center Repair/Rehabilitation 400,000

22

MR Community Facilities/Access to Independence 500,000

23

Other Funds Total 1,200,000

24

Total – Services for the Developmentally Disabled 230,874,476

25

Behavioral Healthcare Services

26

General Revenues 2,293,459

27

Federal Funds 15,600,783

28

Restricted Receipts 100,000

29

Other Funds

30

Rhode Island Capital Plan Fund

31

MH Community Facilities Repair 400,000

32

MH Housing Development-Thresholds 800,000

33

Substance Abuse Asset Production 100,000

34

Other Funds Total 1,300,000

 

LC002168 - Page 19 of 570

1

Total – Behavioral Healthcare Services 19,294,242

2

Hospital and Community Rehabilitative Services

3

General Revenues 51,525,550

4

Federal Funds 50,596,704

5

Restricted Receipts 6,558,852

6

Other Funds

7

Rhode Island Capital Plan Fund

8

Zambarano Buildings and Utilities 346,000

9

Eleanor Slater HVAC/Elevators 2,000,000

10

MR Community Facilities 975,000

11

Hospital Equipment 300,000

12

Other Funds Total 3,621,000

13

Total - Hospital and Community Rehabilitative Services 112,302,106

14

Grand Total – General Revenue 170,425,740

15

Grand Total – Behavioral Health, Developmental Disabilities, and Hospitals 366,867,639

16

Elementary and Secondary Education

17

Administration of the Comprehensive Education Strategy

18

General Revenues 21,231,893

19

Federal Funds

20

Federal Funds 193,991,061

21

Federal Funds – Stimulus 5,990,558

22

RTTT LEA Share 100,000

23

RTTT Preschool Development Grants – Expansion 1,290,840

24

Federal Funds Total 201,372,459

25

Restricted Receipts

26

Restricted Receipts 1,082,319

27

HRIC Adult Education Grants 3,500,000

28

Restricted Receipts Total 4,582,319

29

Other Funds

30

Rhode Island Capital Plan Fund

31

State-Owned Warwick 1,000,000

32

State-Owned Woonsocket 1,000,000

33

Other Funds Total 2,000,000

34

Total – Administration of the Comprehensive Education Strategy 229,186,671

 

LC002168 - Page 20 of 570

1

Davies Career and Technical School

2

General Revenues 11,656,803

3

Federal Funds 1,330,141

4

Restricted Receipts 4,281,107

5

Other Funds

6

Rhode Island Capital Plan Fund

7

Davies HVAC 395,000

8

Davies Asset Protection 770,000

9

Other Funds Total

10

Total – Davies Career and Technical School 18,433,051

11

RI School for the Deaf

12

General Revenues 6,279,590

13

Federal Funds 259,714

14

Restricted Receipts 785,791

15

Other Funds

16

RI School for the Deaf Transformation Grants 59,000

17

Other Funds Total 59,000

18

Total – RI School for the Deaf 7,384,095

19

Metropolitan Career and Technical School

20

Other Funds

21

Rhode Island Capital Plan Fund

22

MET Asset Protection 100,000

23

Other Funds Total 100,000

24

Total – Metropolitan Career and Technical School 100,000

25

Education Aid

26

General Revenues 805,090,287

27

Restricted Receipts 19,299,709

28

Other Funds

29

Permanent School Fund – Education Aid 300,000

30

Other Funds Total 300,000

31

Total – Education Aid 824,689,996

32

Central Falls School District

33

General Revenues 39,369,337

34

Total – Central Falls School District 39,369,337

 

LC002168 - Page 21 of 570

1

School Construction Aid

2

General Revenues

3

School Housing Aid 70,907,110

4

School Building Authority Capital Fund 20,000,000

5

General Revenue Total 90,907,110

6

Total – School Construction Aid 90,907,110

7

Teachers' Retirement

8

General Revenues 92,805,836

9

Total – Teachers’ Retirement 92,805,836

10

Grand Total – General Revenue 1,067,340,856

11

Grand Total – Elementary and Secondary Education 1,302,876,096

12

Public Higher Education

13

Office of Postsecondary Commissioner

14

General Revenues 5,785,323

15

Federal Funds

16

Federal Funds 10,499,301

17

WaytogoRI Portal 943,243

18

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

19

     The $4.0 million expended from the Guaranty Agency Operating Fund shall be used only

20

for scholarships and grants at URI, RIC, and CCRI.

21

Federal Funds Total 15,442,544

22

Other Funds

23

Tuition Savings Prgm – Administration 465,610

24

Tuition Savings Prgm – Dual Enrollment 1,300,000

25

Tuition Savings Prgm – Scholarships and Grants 6,095,000

26

Other Funds Total 7,860,610

27

Total – Office of Postsecondary Commissioner 29,088,477

28

University of Rhode Island

29

General Revenue

30

General Revenues 71,103,468

31

      The University shall not decrease internal student financial aid in the 2015 – 2016

32

academic year below the level of the 2014 – 2015 academic year. The President of the institution

33

shall report, prior to the commencement of the 2015-2016 academic year, to the chair of the

34

Council of Postsecondary Education that such tuition charges and student aid levels have been

 

LC002168 - Page 22 of 570

1

achieved at the start of FY 2016 as prescribed above.

2

Debt Service 18,186,018

3

RI State Forensics Laboratory 1,072,892

4

General Revenue Total 90,362,378

5

Other Funds

6

University and College Funds 591,203,000

7

Debt – Dining Services 1,113,621

8

Debt – Education and General 3,599,062

9

Debt – Health Services 136,256

10

Debt – Housing Loan Funds 10,607,660

11

Debt – Memorial Union 324,358

12

Debt – Ryan Center 2,793,305

13

Debt – Alton Jones Services 103,119

14

Debt – Parking Authority 1,029,157

15

Debt – Sponsored Research 90,278

16

Debt – URI Energy Conservation 2,520,156

17

Rhode Island Capital Plan Fund

18

Asset Protection 5,482,900

19

Fire and Safety Protection 3,221,312

20

Electrical Substation 1,200,000

21

New Chemistry Building 4,000,000

22

Other Funds Total 627,424,184

23

Total – University of Rhode Island 717,786,562

24

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

25

unencumbered balances as of June 30, 2016 relating to the University of Rhode Island are hereby

26

reappropriated to fiscal year 2017.

27

Rhode Island College

28

General Revenues

29

General Revenues 44,688,362

30

     Rhode Island College shall not decrease internal student financial aid in the 2015 – 2016

31

academic year below the level of the 2014 – 2015 academic year. The President of the institution

32

shall report, prior to the commencement of the 2015-2016 academic year, to the chair of the

33

Council of Postsecondary Education that such tuition charges and student aid levels have been

34

achieved at the start of FY 2016 as prescribed above.

 

LC002168 - Page 23 of 570

1

Debt Service 5,214,649

2

General Revenue Total 49,903,011

3

Other Funds

4

University and College Funds 118,566,770

5

Debt – Education and General 879,147

6

Debt – Housing 2,013,281

7

Debt – Student Center and Dining 154,330

8

Debt – Student Union 235,481

9

Debt – G.O. Debt Service 1,644,459

10

Debt Energy Conservation 256,275

11

Rhode Island Capital Plan Fund

12

Asset Protection 3,080,400

13

Infrastructure Modernization 2,000,000

14

Other Funds – Total 128,830,143

15

Total – Rhode Island College 178,733,154

16

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

17

unencumbered balances as of June 30, 2016 relating to Rhode Island College are hereby

18

reappropriated to fiscal year 2017.

19

Community College of Rhode Island

20

General Revenues

21

General Revenues 47,965,855

22

     The Community College of Rhode Island shall not decrease internal student financial aid

23

in the 2015 – 2016 academic year below the level of the 2014 – 2015 academic year. The

24

President of the institution shall report, prior to the commencement of the 2015-2016 academic

25

year, to the chair of the Council of Postsecondary Education that such tuition charges and student

26

aid levels have been achieved at the start of FY 2016 as prescribed above.

27

Debt Service 1,676,521

28

General Revenue Total 49,642,376

29

Restricted Receipts 653,200

30

Other Funds

31

University and College Funds 106,862,884

32

CCRI Debt Service – Energy Conservation 808,425

33

Rhode Island Capital Plan Fund

34

Asset Protection 2,184,100

 

LC002168 - Page 24 of 570

1

Knight Campus Renewal 2,000,000

2

Other Funds Total 111,855,409

3

Total – Community College of RI 162,150,985

4

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

5

unencumbered balances as of June 30, 2016 relating to the Community College of Rhode Island

6

are hereby reappropriated to fiscal year 2017.

7

Grand Total – General Revenue 195,693,088

8

Grand Total – Public Higher Education 1,087,759,178

9

RI State Council on the Arts

10

General Revenues

11

Operating Support 453,187

12

Grants 1,054,574

13

General Revenue Total 1,507,761

14

Federal Funds 775,353

15

Other Funds

16

Art for Public Facilities 1,398,293

17

Other Funds Total 1,398,293

18

Grand Total – RI State Council on the Arts 3,681,407

19

RI Atomic Energy Commission

20

General Revenues 957,170

21

Federal Funds 54,699

22

Other Funds

23

URI Sponsored Research 275,300

24

Rhode Island Capital Plan Funds

25

RINSC Asset Protection 50,000

26

Other Funds Total 325,300

27

Grand Total – RI Atomic Energy Commission 1,337,169

28

RI Historical Preservation and Heritage Commission

29

General Revenues 1,355,972

30

Federal Funds 2,054,893

31

Restricted Receipts 428,630

32

Other Funds

33

RIDOT Project Review 71,708

34

Other Funds Total 71,708

 

LC002168 - Page 25 of 570

1

Grand Total – RI Historical Preservation and Heritage Comm 3,911,203

2

Attorney General

3

Criminal

4

General Revenues 15,461,041

5

Federal Funds 1,291,777

6

Restricted Receipts 353,595

7

Total – Criminal 17,106,413

8

Civil

9

General Revenues 5,285,996

10

Restricted Receipts 896,735

11

Total – Civil 6,182,731

12

Bureau of Criminal Identification

13

General Revenues 1,591,162

14

Total – Bureau of Criminal Identification 1,591,162

15

General

16

General Revenues 2,855,011

17

Other Funds

18

Rhode Island Capital Plan Fund

19

Building Renovations and Repairs 300,000

20

Other Funds Total 300,000

21

Total – General 3,155,011

22

Grand Total – General Revenue 25,193,210

23

Grand Total – Attorney General 28,035,317

24

Corrections

25

Central Management

26

General Revenues 9,308,836

27

Federal Funds 118,361

28

Total – Central Management 9,427,197

29

Parole Board

30

General Revenues 1,345,685

31

Federal Funds 38,000

32

Total – Parole Board 1,383,685

33

Custody and Security

34

General Revenues 126,571,465

 

LC002168 - Page 26 of 570

1

Federal Funds 571,986

2

Total – Custody and Security 127,143,451

3

Institutional Support

4

General Revenues 16,595,667

5

Other Funds

6

Rhode Island Capital Plan Fund

7

Asset Protection 4,000,000

8

Maximum – General Renovations 900,000

9

General Renovations Women’s 166,000

10

Bernadette Guay Roof 500,000

11

ISC Exterior Envelope and HVAC 1,000,000

12

Minimum Security Kitchen Expansion 1,100,000

13

Medium Infrastructure 3,000,000

14

D Building State Match – Reintergration C 450,000

15

Other Funds Total 11,116,000

16

Total – Institutional Support 27,711,667

17

Institutional Based Rehab./Population Management

18

General Revenues 9,524,559

19

Federal Funds 552,034

20

Restricted Receipts 29,464

21

Total – Institutional Based Rehab/Population Mgt. 10,106,057

22

Healthcare Services

23

General Revenues 20,771,182

24

Total – Healthcare Services 20,771,182

25

Community Corrections

26

General Revenues 15,957,837

27

Federal Funds 57,000

28

Restricted Receipts 17,594

29

Total – Community Corrections 16,032,431

30

Grand Total – General Revenue 200,075,231

31

Grand Total – Corrections 212,575,670

32

Judiciary

33

Supreme Court

34

General Revenues

 

LC002168 - Page 27 of 570

1

General Revenues 27,107,017

2

     Provided however, that no more than $932,340 in combined total shall be offset to the

3

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

4

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

5

footage occupancy costs in public courthouses.

6

Defense of Indigents 3,542,240

7

General Revenue Total 30,649,257

8

Federal Funds 123,289

9

Restricted Receipts 2,163,386

10

Other Funds

11

Rhode Island Capital Plan Fund

12

Judicial HVAC 900,000

13

Judicial Complexes Asset Protection 850,000

14

Licht Judicial Complex Restoration 750,000

15

Other Funds Total 2,500,000

16

Total - Supreme Court 35,435,932

17

Judicial Tenure and Discipline

18

General Revenues 121,527

19

Total – Judicial Tenure and Discipline 121,527

20

Superior Court

21

General Revenues 23,209,940

22

Federal Funds 50,406

23

Restricted Receipts 300,000

24

Total – Superior Court 23,560,346

25

Family Court

26

General Revenues 20,918,555

27

Federal Funds 3,014,025

28

Total – Family Court 23,932,580

29

District Court

30

General Revenues 12,355,546

31

Federal Funds 30,000

32

Restricted Receipts 169,251

33

Total – District Court 12,554,797

34

Traffic Tribunal

 

LC002168 - Page 28 of 570

1

General Revenues 8,542,221

2

Total – Traffic Tribunal 8,542,221

3

Workers' Compensation Court

4

Restricted Receipts 7,763,807

5

Total – Workers’ Compensation Court 7,763,807

6

Grand Total – General Revenue 95,797,046

7

Grand Total – Judiciary 111,911,210

8

Military Staff

9

General Revenues 2,065,434

10

Federal Funds 15,361,864

11

Restricted Receipts

12

RI Military Relief Fund 300,000

13

Counter Drug Asset Forfeiture 23,300

14

Restricted Receipts Total 323,300

15

Other Funds

16

Rhode Island Capital Plan Fund

17

Armory of Mounted Command Roof Replacement 357,500

18

Asset Protection 700,000

19

Joint Force Headquarters Building 600,000

20

Other Funds Total 1,657,500

21

Grand Total – Military Staff 19,408,098

22

Emergency Management

23

General Revenues 1,766,002

24

Federal Funds 16,551,541

25

Restricted Receipts 220,375

26

Grand Total – Emergency Management 18,537,918

27

Public Safety

28

Central Management

29

General Revenues 1,325,286

30

Federal Funds 3,770,143

31

Total – Central Management 5,095,429

32

E-911 Emergency Telephone System

33

General Revenues 5,377,414

34

Total – E-911 Emergency Telephone System 5,377,414

 

LC002168 - Page 29 of 570

1

State Fire Marshal

2

General Revenues 2,946,169

3

Federal Funds 202,295

4

Restricted Receipts 493,212

5

Other Funds

6

Rhode Island Capital Plan Fund

7

Fire Academy 2,000,000

8

Quonset Development Corporation 60,541

9

Other Funds – Total 2,060,541

10

Total – State Fire Marshal 5,702,217

11

Security Services

12

General Revenues 22,680,304

13

Total – Security Services 22,680,304

14

Municipal Police Training Academy

15

General Revenues 254,667

16

Federal Funds 144,420

17

Total – Municipal Police Training Academy 399,087

18

State Police

19

General Revenues 63,870,459

20

Federal Funds 2,229,499

21

Restricted Receipts 10,889,799

22

Other Funds

23

Rhode Island Capital Plan Fund

24

Consolidated Training Academy 1,250,000

25

DPS Asset Protection 250,000

26

Barrack Renovation 400,000

27

Lottery Commission Assistance 1,450,696

28

Airport Corporation Assistance 377,148

29

Road Construction Reimbursement 2,936,120

30

Other Funds Total 6,663,964

31

Total – State Police 83,653,721

32

Grand Total – General Revenue 96,454,299

33

Grand Total – Public Safety 122,908,172

34

Office of Public Defender

 

LC002168 - Page 30 of 570

1

General Revenues 11,621,977

2

Federal Funds 78,370

3

Grand Total – Office of Public Defender 11,700,347

4

Environmental Management

5

Office of the Director

6

General Revenues 4,712,770

7

Federal Funds 150,000

8

Restricted Receipts 3,100,511

9

Total – Office of the Director 7,963,281

10

Natural Resources

11

General Revenues 20,040,905

12

Federal Funds 19,131,833

13

Restricted Receipts 6,460,768

14

Other Funds

15

DOT Recreational Projects 181,649

16

Blackstone Bikepath Design 2,059,579

17

Transportation MOU 78,350

18

Rhode Island Capital Plan Fund

19

Dam Repair 750,000

20

Fort Adams Rehabilitation 125,000

21

Fort Adams America’s Cup 1,400,000

22

Recreational Facilities Improvements 2,850,000

23

Galilee Piers Upgrade 400,000

24

Newport Piers 137,500

25

World War II Facility 770,000

26

Blackstone Valley Bike Path 198,410

27

Marine Infrastructure/Pier Development 100,000

28

Other Funds Total 9,050,488

29

Total – Natural Resources 54,683,994

30

Environmental Protection

31

General Revenues 11,751,892

32

Federal Funds 10,025,644

33

Restricted Receipts 8,893,258

34

Other Funds

 

LC002168 - Page 31 of 570

1

Transportation MOU 164,734

2

Other Funds Total 164,734

3

Total – Environmental Protection 30,835,528

4

Grand Total – General Revenue 36,505,567

5

Grand Total – Environmental Management 93,482,803

6

Coastal Resources Management Council

7

General Revenues 2,433,260

8

Federal Funds 2,614,348

9

Restricted Receipts 250,000

10

Other Funds

11

Rhode Island Capital Plan Fund

12

Shoreline Change Beach SAMP 50,000

13

Other Funds Total 50,000

14

Grand Total – Coastal Resources Mgmt. Council 5,347,608

15

Transportation

16

Central Management

17

Federal Funds 8,540,000

18

Other Funds

19

Gasoline Tax 2,182,215

20

Other Funds Total 2,182,215

21

Total – Central Management 10,722,215

22

Management and Budget

23

Other Funds

24

Gasoline Tax 4,530,251

25

Other Funds Total 4,530,251

26

Total – Management and Budget 4,530,251

27

Infrastructure Engineering - GARVEE/Motor Fuel Tax Bonds

28

Federal Funds

29

Federal Funds 240,533,185

30

Federal Funds – Stimulus 14,542,237

31

Federal Funds Total 255,075,422

32

Restricted Receipts 1,000,000

33

Other Funds

34

Gasoline Tax 71,459,558

 

LC002168 - Page 32 of 570

1

Land Sale Revenue 10,800,000

2

Rhode Island Capital Fund

3

RIPTA Land and Buildings 200,000

4

Highway Improvement Program 47,650,000

5

Other Funds Total 130,109,558

6

Total - Infrastructure Engineering – GARVEE 386,184,980

7

Infrastructure Maintenance

8

Other Funds

9

Gasoline Tax 11,478,947

10

Non-Land Surplus Property 10,000

11

Outdoor Advertising 100,000

12

Rhode Island Highway Maintenance Account 41,391,607

13

Rhode Island Capital Plan Fund

14

Maintenance Facilities Improvements 100,000

15

Salt Storage Facilities 1,000,000

16

Portsmouth Facility 1,000,000

17

Maintenance - Capital Equipment Replacement 2,000,000

18

Train Station Maintenance and Repairs 350,000

19

Other Funds Total 57,430,554

20

Total – Infrastructure Maintenance 57,430,554

21

Grand Total – Transportation 458,868,000

22

Statewide Totals

23

General Revenues 3,491,628,573

24

Federal Funds 3,003,078,979

25

Restricted Receipts 239,396,225

26

Other Funds 1,893,471,470

27

Statewide Grand Total 8,627,575,247

28

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

29

appropriation.

30

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

31

department or agency, the Governor is hereby authorized by means of executive order to transfer

32

or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected

33

thereby.

34

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

 

LC002168 - Page 33 of 570

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

state agencies that provide services to other agencies, institutions and other governmental units on

11

a cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are

12

managed in a businesslike manner, promote efficient use of services by making agencies pay the

13

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

14

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

15

costs of general government support. The controller is authorized to reimburse these accounts

16

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

17

following expenditure limitations:

18

Account Expenditure Limit

19

State Assessed Fringe Benefit Internal Service Fund 38,930,194

20

Administration Central Utilities Internal Service Fund 17,782,800

21

State Central Mail Internal Service Fund 6,203,680

22

State Telecommunications Internal Service Fund 4,122,558

23

State Automotive Fleet Internal Service Fund 13,830,623

24

Surplus Property Internal Service Fund 2,500

25

Health Insurance Internal Service Fund 251,175,719

26

Other Post-Employment Benefits Fund 64,293,483

27

Capital Police Internal Service Fund 1,252,144

28

Corrections Central Distribution Center Internal Service Fund 6,768,097

29

Correctional Industries Internal Service Fund 7,228,052

30

Secretary of State Record Center Internal Service Fund 813,687

31

     (b) The Department of Administration shall establish an internal service fund for the

32

Division of Information Technology commencing July 1, 2015. The Division of Information

33

Technology, which has a federally approved rate structure that identifies the cost of each service

34

it provides, shall implement a billing system which will benchmark its costs compared to the

 

LC002168 - Page 34 of 570

1

private sector. The measured components of the Division of Information Technology’s internal

2

service fund shall be determined through the development of their FY 2016 rates, and shall be

3

utilized in its cost benchmarking. The Department of Administration will incorporate the Division

4

of Information Technology as an internal service fund within its FY 2016 Revised Budget.

5

      SECTION 6. The General Assembly may provide a written "statement of legislative

6

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

7

Senate Finance Committee to show the intended purpose of the appropriations contained in

8

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

9

Finance Committee and in the Senate Finance Committee.

10

      At least twenty (20) days prior to the issuance of a grant or the release of funds, which

11

grant or funds are listed on the legislative letter of intent, all department, agency and corporation

12

directors, shall notify in writing the chairperson of the House Finance Committee and the

13

chairperson of the Senate Finance Committee of the approximate date when the funds are to be

14

released or granted.

15

      SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby

16

appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all

17

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

18

Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2016.

19

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

20

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

21

be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending

22

June 30, 2016.

23

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

24

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

25

of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2016.

26

     SECTION 10. Departments and agencies listed below may not exceed the number of full-

27

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

28

do not include seasonal or intermittent positions whose scheduled period of employment does not

29

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

30

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

31

individuals engaged in training, the completion of which is a prerequisite of employment.

32

Provided, however, that the Governor or designee, Speaker of the House of Representatives or

33

designee, and the President of the Senate or designee may authorize an adjustment to any

34

limitation. Prior to the authorization, the State Budget Officer shall make a detailed written

 

LC002168 - Page 35 of 570

1

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

2

copy of the recommendation and authorization to adjust shall be transmitted to the chairman of

3

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

4

Senate Fiscal Advisor.

5

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

6

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

7

state general revenue funding source.

8

FY 2016 FTE POSITION AUTHORIZATION

9

     Departments and Agencies Full-Time Equivalent

10

     Administration 710.7

11

     Business Regulation 99.0

12

     Executive Office of Commerce 18.6

13

     Labor and Training 410.0

14

     Revenue 514.5

15

     Legislature 298.5

16

     Office of the Lieutenant Governor 8.0

17

     Office of the Secretary of State 57.0

18

     Office of the General Treasurer 83.0

19

     Board of Elections 11.0

20

     Rhode Island Ethics Commission 12.0

21

     Office of the Governor 45.0

22

     Commission for Human Rights 14.5

23

     Public Utilities Commission 50.0

24

     Office of Health and Human Services 202.0

25

     Children, Youth, and Families 672.5

26

     Health 488.6

27

     Human Services 959.1

28

     Behavioral Health, Developmental Disabilities, and Hospitals 1,421.4

29

     Elementary and Secondary Education 153.4

30

     School for the Deaf 60.0

31

     Davies Career and Technical School 126.0

32

     Office of Postsecondary Commissioner 30.0

33

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

34

supported by third-party funds.

 

LC002168 - Page 36 of 570

1

     University of Rhode Island 2,456.5

2

     Provided that 573.8 of the total authorization would be available only for positions that

3

are supported by third-party funds.

4

     Rhode Island College 923.6

5

     Provided that 82.0 of the total authorization would be available only for positions that are

6

supported by third-party funds.

7

     Community College of Rhode Island 854.1

8

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

9

supported by third-party funds.

10

     Rhode Island State Council on the Arts 6.0

11

     RI Atomic Energy Commission 8.6

12

     Historical Preservation and Heritage Commission 16.6

13

     Office of the Attorney General 236.1

14

     Corrections 1,419.0

15

     Judicial 723.3

16

     Military Staff 92.0

17

     Public Safety 633.2

18

     Office of the Public Defender 93.0

19

     Emergency Management 32.0

20

     Environmental Management 399.0

21

     Coastal Resources Management Council 29.0

22

     Transportation 752.6

23

      Total 15,119.4

24

      SECTION 11. The amounts reflected in this Article include the appropriation of Rhode

25

Island Capital Plan funds for fiscal year 2016 and supersede appropriations provided for FY 2016

26

within Section 11 of Article 1 of Chapter 145 of the P.L. of 2014.

27

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

28

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

29

June 30, 2017, June 30, 2018, and June 30, 2019. These amounts supersede appropriations

30

provided within Section 11 of Article 1 of Chapter 145 of the P.L. of 2014. For the purposes and

31

functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw

32

his or her orders upon the General Treasurer for the payment of such sums and such portions

33

thereof as may be required by him or her upon receipt of properly authenticated vouchers.

34

Fiscal Year Ending Fiscal Year Ending Fiscal Year Ending

 

LC002168 - Page 37 of 570

1

Project June 30, 2017 June 30, 2018 June 30, 2019

2

DOT-Highway Improvement 27,200,000 27,200,000 27,200,000

3

DOT-Maintenance – Capital Equipment 2,500,000 2,500,000 2,500,000

4

DOA-Pastore Center Rehab 7,915,000 2,500,000 2,120,000

5

Higher Ed-Asset Protection-CCRI 2,732,100 2,799,063 2,368,035

6

Higher Ed – Knight Campus Renewal 4,000,000 5,000,000 4,000,000

7

Higher Ed-Asset Protection-RIC 3,357,700 3,458,431 3,562,184

8

Higher Ed-Asset Protection-URI 7,856,000 8,030,000 7,700,000

9

DOC Asset Protection 4,000,000 4,000,000 4,000,000

10

Judicial-Asset Protection 875,000 950,000 950,000

11

Mil Staff-Joint Force Headquarters Bldg 3,000,000 3,000,000 4,100,000

12

DEM-Dam Repairs 1,000,000 1,550,000 1,500,000

13

DEM-Recreation Facility Improvements 2,250,000 1,700,000 1,550,000

14

      SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.

15

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

16

appropriations may be reappropriated at the recommendation of the Governor in the ensuing

17

fiscal year and made available for the same purpose. However, any such reappropriations are

18

subject to final approval by the General Assembly as part of the supplemental appropriations act.

19

Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated at the

20

discretion of the State Budget Officer.

21

     SECTION 13. For the Fiscal Year ending June 30, 2016, the Rhode Island Housing and

22

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

23

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

24

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

25

of units of housing provided as a result to the Director of Administration, the Chair of the

26

Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the

27

Senate Finance Committee and the State Budget Officer.

28

     SECTION 14. Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode

29

Island General Laws, the Resource Recovery Corporation shall transfer to the State Controller the

30

sum of one million five hundred thousand dollars ($1,500,000) by June 30, 2016.

31

     SECTION 15. Notwithstanding any provisions of Chapter 12.2 in Title 46 of the Rhode

32

Island General Laws, the Clean Water Finance Agency shall transfer to the State Controller the

33

sum of eleven million dollars ($11,000,000) by June 30, 2016.

34

     SECTION 16. Notwithstanding any provisions of Chapter 25 in Title 46 of the Rhode

 

LC002168 - Page 38 of 570

1

Island General Laws, the Narragansett Bay Commission shall transfer to the State Controller the

2

sum of two million eight hundred thousand dollars ($2,800,000) by June 30, 2016.

3

     SECTION 17. Notwithstanding any provisions of Chapter 38 in Title 45 of the Rhode

4

Island General Laws, the Rhode Island Health and Educational Building Corporation shall

5

transfer to the State Controller the sum of five million dollars ($5,000,000) by June 30, 2016.

6

     SECTION 18. Notwithstanding any provisions of Chapter 1 in Title 1 of the Rhode

7

Island General Laws, the Rhode Island Corporation shall transfer to the State Controller the sum

8

of four hundred and thirty thousand dollars ($430,000) by June 30, 2016.

9

      SECTION 19. This article shall take effect as of July 1, 2015.

10

ARTICLE 2

11

RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION

12

     SECTION 1. This article contains a joint resolution submitted pursuant to Rhode Island

13

General Laws § 35-18-1, et seq.

14

     SECTION 2. University of Rhode Island Fraternity Circle Improvements Phase I.

15

     WHEREAS, the University of Rhode Island is proposing a utility and infrastructure

16

project to replace, improve, and reorganize aged, incrementally developed utility and paved

17

infrastructure in the sector of the Kingston Campus devoted to fraternity and sorority houses,

18

referred to as Fraternity Circle Improvements Phase I, including improvements to water,

19

wastewater, electrical, telecommunications, natural gas connections, and storm water

20

management systems, as well as roadways, walkways, and parking lots as a first phase of

21

improvements reflected in a “master plan” for this unique neighborhood of on-campus residences

22

serving organizations of students; and

23

     WHEREAS, fraternities and sororities first developed in the early 1900’s at the

24

University of Rhode Island and were expanded with the initial designation and development of

25

the “fraternity circle” neighborhood that was established in 1964, with the complement of

26

fraternity and sorority buildings presently housing over 800 students, while maintaining strong

27

bonds with affiliated alumni supporters of the University; and

28

     WHEREAS, the capacity of the present water distribution system in this sector is a

29

concern for serving sprinkler systems in both present and future houses and the wastewater

30

system and storm water management systems must be improved and contemporized, the latter

31

being subject to recent favorable environmental standards; and

32

     WHEREAS, the upgrade and reconfiguration of gas, electric, and telecommunication

33

infrastructure in the district, with the cooperation of National Grid and the university’s

34

networking and telecommunications operation, will address reliability, safety and long-term

 

LC002168 - Page 39 of 570

1

functionality, while reconfigured roadways, with service access, improved pedestrian safety, and

2

parking area enhancements will bring this sector in line with the hardscape, exterior lighting, and

3

blue-light emergency phone complements in the adjacent residence hall districts; and

4

     WHEREAS, the design and construction of this project will be financed through Rhode

5

Island Health and Educational Building Corporation (RIHEBC) revenue bonds, with an expected

6

term of twenty (20) years; and

7

     WHEREAS, debt service payments would be supported by university general revenues;

8

now, therefore, be it

9

     RESOLVED, that the total amount of the debt approved to be issued in the aggregate

10

shall be limited to not more than five million one hundred thousand dollars ($5,100,000). Total

11

debt service on the bonds is not expected to exceed four hundred seven thousand dollars

12

($407,000) annually and eight million one hundred forty thousand dollars ($8,140,000) in the

13

aggregate based on an average interest rate of five (5.0%) percent and a twenty (20) year

14

maturity; and be it further

15

     RESOLVED, that the Fraternity Circle Improvement Project Phase I is an important

16

investment in the upgrade of essential utility systems to enhance public safety, ensure reliability

17

and capacity, and safeguard the woodland/wetland setting of this sector of the Kingston Campus;

18

and that this general assembly hereby approves financing; and it be further

19

     RESOLVED, that this joint resolution shall take effect upon passage by this general

20

assembly.

21

     SECTION 3. This article shall take effect upon passage.

22

ARTICLE 3

23

RELATING TO LICENSING OF HOSPITAL FACILITIES

24

     SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled

25

“Licensing of Health Care Facilities” is hereby amended to read as follows:

26

     23-17-38.1 Hospitals – Licensing fee. -- (a) There is imposed a hospital licensing fee at

27

the rate of five and four hundred eighteen thousandths percent (5.418%) upon the net patient

28

services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,

29

2012, except that the license fee for all hospitals located in Washington County, Rhode Island,

30

shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals

31

is subject to approval by the Secretary of the US Department of Health and Human Services of a

32

state plan amendment submitted by the executive office of health and human services for the

33

purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This

34

licensing fee shall be administered and collected by the tax administrator, division of taxation

 

LC002168 - Page 40 of 570

1

within the department of revenue, and all the administration, collection, and other provisions of

2

chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax

3

administrator on or before July 14, 2014, and payments shall be made by electronic transfer of

4

monies to the general treasurer and deposited to the general fund. Every hospital shall, on or

5

before June 16, 2014, make a return to the tax administrator containing the correct computation of

6

net patient services revenue for the hospital fiscal year ending September 30, 2012, and the

7

licensing fee due upon that amount. All returns shall be signed by the hospital's authorized

8

representative, subject to the pains and penalties of perjury.

9

      (b) (a) There is also imposed a hospital licensing fee at the rate of five and seven

10

hundred three thousandths percent (5.703%) upon the net patient services revenue of every

11

hospital for the hospital's first fiscal year ending on or after January 1, 2013, except that the

12

license fee for all hospitals located in Washington County, Rhode Island shall be discounted by

13

thirty-seven percent (37%). The discount for Washington County hospitals is subject to approval

14

by the Secretary of the US Department of Health and Human Services of a state plan amendment

15

submitted by the executive office of health and human services for the purpose of pursuing a

16

waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be

17

administered and collected by the tax administrator, division of taxation within the department of

18

revenue, and all the administration, collection and other provisions of chapter 51 of title 44 shall

19

apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 13,

20

2015 and payments shall be made by electronic transfer of monies to the general treasurer and

21

deposited to the general fund. Every hospital shall, on or before June 15, 2015, make a return to

22

the tax administrator containing the correct computation of net patient services revenue for the

23

hospital fiscal year ending September 30, 2013, and the licensing fee due upon that amount. All

24

returns shall be signed by the hospital's authorized representative, subject to the pains and

25

penalties of perjury.

26

     (b) There is also imposed a hospital licensing fee at the rate of five and seven hundred

27

three thousandths percent (5.703%) upon the net patient services revenue of every hospital for the

28

hospital's first fiscal year ending on or after January 1, 2013, except that the license fee for all

29

hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent

30

(37%). The discount for Washington County hospitals is subject to approval by the Secretary of

31

the US Department of Health and Human Services of a state plan amendment submitted by the

32

executive office of health and human services for the purpose of pursuing a waiver of the

33

uniformity requirement for the hospital license fee. This licensing fee shall be administered and

34

collected by the tax administrator, division of taxation within the department of revenue, and all

 

LC002168 - Page 41 of 570

1

the administration, collection and other provisions of chapter 51 of title 44 shall apply. Every

2

hospital shall pay the licensing fee to the tax administrator on or before July 11, 2016 and

3

payments shall be made by electronic transfer of monies to the general treasurer and deposited to

4

the general fund. Every hospital shall, on or before June 13, 2016, make a return to the tax

5

administrator containing the correct computation of net patient services revenue for the hospital

6

fiscal year ending September 30, 2013, and the licensing fee due upon that amount. All returns

7

shall be signed by the hospital's authorized representative, subject to the pains and penalties of

8

perjury.

9

      (c) For purposes of this section the following words and phrases have the following

10

meanings:

11

      (1) "Hospital" means a person or governmental unit duly licensed in accordance with this

12

chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and

13

primary bed inventory are psychiatric.

14

      (2) "Gross patient services revenue" means the gross revenue related to patient care

15

services.

16

      (3) "Net patient services revenue" means the charges related to patient care services less

17

(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.

18

      (d) The tax administrator shall make and promulgate any rules, regulations, and

19

procedures not inconsistent with state law and fiscal procedures that he or she deems necessary

20

for the proper administration of this section and to carry out the provisions, policy, and purposes

21

of this section.

22

      (e) The licensing fee imposed by this section shall apply to hospitals as defined herein

23

that are duly licensed on July 1, 2014 2015, and shall be in addition to the inspection fee imposed

24

by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1.

25

      SECTION 2. This article shall take effect as of July 1, 2015.

26

ARTICLE 4

27

RELATING TO HOSPITAL UNCOMPENSATED CARE

28

      SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3

29

entitled “Uncompensated Care” are hereby amended to read as follows:

30

     40-8.3-2 Definitions. -- As used in this chapter:

31

      (1) "Base year" means for the purpose of calculating a disproportionate share payment

32

for any fiscal year ending after September 30, 2013 2014, the period from October 1, 2011 2012

33

through September 30, 2012 2013, and for any fiscal year ending after September 30, 2014 2015,

34

the period from October 1, 2012 through September 30, 2013.

 

LC002168 - Page 42 of 570

1

      (2) "Medical assistance inpatient utilization rate for a hospital" means a fraction

2

(expressed as a percentage) the numerator of which is the hospital's number of inpatient days

3

during the base year attributable to patients who were eligible for medical assistance during the

4

base year and the denominator of which is the total number of the hospital's inpatient days in the

5

base year.

6

      (3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:

7

(i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year; (ii)

8

achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the

9

base year; and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23

10

during the payment year.

11

      (4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost

12

incurred by such hospital during the base year for inpatient or outpatient services attributable to

13

charity care (free care and bad debts) for which the patient has no health insurance or other third-

14

party coverage less payments, if any, received directly from such patients; and (ii) the cost

15

incurred by such hospital during the base year for inpatient or out-patient services attributable to

16

Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the

17

uncompensated care index.

18

      (5) "Uncompensated care index" means the annual percentage increase for hospitals

19

established pursuant to § 27-19-14 for each year after the base year, up to and including the

20

payment year, provided, however, that the uncompensated care index for the payment year ending

21

September 30, 2007 shall be deemed to be five and thirty-eight hundredths percent (5.38%), and

22

that the uncompensated care index for the payment year ending September 30, 2008 shall be

23

deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated care

24

index for the payment year ending September 30, 2009 shall be deemed to be five and thirty-eight

25

hundredths percent (5.38%), and that the uncompensated care index for the payment years ending

26

September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September

27

30, 2014 and, September 30, 2015 and September 30, 2016 shall be deemed to be five and thirty

28

hundredths percent (5.30%).

29

     40-8.3-3 Implementation. -- (a) For federal fiscal year 2013, commencing on October 1,

30

2012 and ending September 30, 2013, the executive office of health and human services shall

31

submit to the Secretary of the U.S. Department of Health and Human Services a state plan

32

amendment to the Rhode Island Medicaid state plan for disproportionate share hospital payments

33

(DSH Plan) to provide:

34

      (1) That the disproportionate share hospital payments to all participating hospitals, not to

 

LC002168 - Page 43 of 570

1

exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health

2

and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,

3

      (2) That the Pool D allotment shall be distributed among the participating hospitals in

4

direct proportion to the individual participating hospital's uncompensated care costs for the base

5

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

6

year inflated by uncompensated care index for all participating hospitals. The disproportionate

7

share payments shall be made on or before July 15, 2013 and are expressly conditioned upon

8

approval on or before July 8, 2013 by the Secretary of the U.S. Department of Health and Human

9

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

10

to secure for the state the benefit of federal financial participation in federal fiscal year 2013 for

11

the disproportionate share payments.

12

      (b) (a) For federal fiscal year 2014, commencing on October 1, 2013 and ending

13

September 30, 2014, the executive office of health and human services shall submit to the

14

Secretary of the U.S. Department of Health and Human Services a state plan amendment to the

15

Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to

16

provide:

17

      (1) That the disproportionate share hospital payments to all participating hospitals, not to

18

exceed an aggregate limit of $136.8 million, shall be allocated by the executive office of health

19

and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,

20

      (2) That the Pool D allotment shall be distributed among the participating hospitals in

21

direct proportion to the individual participating hospital's uncompensated care costs for the base

22

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

23

year inflated by uncompensated care index for all participating hospitals. The disproportionate

24

share payments shall be made on or before July 14, 2014 and are expressly conditioned upon

25

approval on or before July 7, 2014 by the Secretary of the U.S. Department of Health and Human

26

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

27

to secure for the state the benefit of federal financial participation in federal fiscal year 2014 for

28

the disproportionate share payments.

29

      (c) (b) For federal fiscal year 2015, commencing on October 1, 2014 and ending

30

September 30, 2015, the executive office of health and human services shall submit to the

31

Secretary of the U.S. Department of Health and Human Services a state plan amendment to the

32

Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to

33

provide:

34

      (1) That the disproportionate share hospital payments to all participating hospitals, not to

 

LC002168 - Page 44 of 570

1

exceed an aggregate limit of $136.8 million, shall be allocated by the executive office of health

2

and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,

3

      (2) That the Pool D allotment shall be distributed among the participating hospitals in

4

direct proportion to the individual participating hospital's uncompensated care costs for the base

5

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

6

year inflated by uncompensated care index for all participating hospitals. The disproportionate

7

share payments shall be made on or before July 13, 2015 and are expressly conditioned upon

8

approval on or before July 6, 2015 by the Secretary of the U.S. Department of Health and Human

9

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

10

to secure for the state the benefit of federal financial participation in federal fiscal year 2015 for

11

the disproportionate share payments.

12

      (c) For federal fiscal year 2016, commencing on October 1, 2015 and ending September

13

30, 2016, the executive office of health and human services shall submit to the Secretary of the

14

U.S. Department of Health and Human Services a state plan amendment to the Rhode Island

15

Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:

16

      (1) That the disproportionate share hospital payments to all participating hospitals, not to

17

exceed an aggregate limit of $136.8 million, shall be allocated by the executive office of health

18

and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,

19

      (2) That the Pool D allotment shall be distributed among the participating hospitals in

20

direct proportion to the individual participating hospital's uncompensated care costs for the base

21

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

22

year inflated by uncompensated care index for all participating hospitals. The disproportionate

23

share payments shall be made on or before July 11, 2016 and are expressly conditioned upon

24

approval on or before July 5, 2016 by the Secretary of the U.S. Department of Health and Human

25

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

26

to secure for the state the benefit of federal financial participation in federal fiscal year 2016 for

27

the disproportionate share payments.

28

      (d) No provision is made pursuant to this chapter for disproportionate share hospital

29

payments to participating hospitals for uncompensated care costs related to graduate medical

30

education programs.

31

      SECTION 2. Section 40-8.3-10 of the General Laws in Chapter 40-8.3 entitled

32

“Uncompensated Care” is hereby repealed.

33

     40-8.3-10 Hospital adjustment payments. -- Effective July 1, 2012 and for each

34

subsequent year, the executive office of health and human services is hereby authorized and

 

LC002168 - Page 45 of 570

1

directed to amend its regulations for reimbursement to hospitals for inpatient and outpatient

2

services as follows:

3

      (a) Each hospital in the state of Rhode Island, as defined in subdivision 23-17-

4

38.19(b)(1), shall receive a quarterly outpatient adjustment payment each state fiscal year of an

5

amount determined as follows:

6

      (1) Determine the percent of the state's total Medicaid outpatient and emergency

7

department services (exclusive of physician services) provided by each hospital during each

8

hospital's prior fiscal year;

9

      (2) Determine the sum of all Medicaid payments to hospitals made for outpatient and

10

emergency department services (exclusive of physician services) provided during each hospital's

11

prior fiscal year;

12

      (3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by a

13

percentage defined as the total identified upper payment limit for all hospitals divided by the sum

14

of all Medicaid payments as determined in subdivision (2); and then multiply that result by each

15

hospital's percentage of the state's total Medicaid outpatient and emergency department services

16

as determined in subdivision (1) to obtain the total outpatient adjustment for each hospital to be

17

paid each year;

18

      (4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one

19

quarter (1/4) of its total outpatient adjustment as determined in subdivision (3) above.

20

      (b) Each hospital in the state of Rhode Island, as defined in subdivision 3-17-

21

38.19(b)(1), shall receive a quarterly inpatient adjustment payment each state fiscal year of an

22

amount determined as follows:

23

      (1) Determine the percent of the state's total Medicaid inpatient services (exclusive of

24

physician services) provided by each hospital during each hospital's prior fiscal year;

25

      (2) Determine the sum of all Medicaid payments to hospitals made for inpatient services

26

(exclusive of physician services) provided during each hospital's prior fiscal year;

27

      (3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by a

28

percentage defined as the total identified upper payment limit for all hospitals divided by the sum

29

of all Medicaid payments as determined in subdivision (2); and then multiply that result by each

30

hospital's percentage of the state's total Medicaid inpatient services as determined in subdivision

31

(1) to obtain the total inpatient adjustment for each hospital to be paid each year;

32

      (4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one

33

quarter (1/4) of its total inpatient adjustment as determined in subdivision (3) above.

34

      (c) The amounts determined in subsections (a) and (b) are in addition to Medicaid

 

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1

inpatient and outpatient payments and emergency services payments (exclusive of physician

2

services) paid to hospitals in accordance with current state regulation and the Rhode Island Plan

3

for Medicaid Assistance pursuant to Title XIX of the Social Security Act and are not subject to

4

recoupment or settlement.

5

     SECTION 3. This article shall take effect as of July 1, 2015.

6

ARTICLE 5

7

RELATING TO MEDICAL ASSISTANCE

8

     SECTION 1. Sections 40-8-13.4 and 40-8-19 of the General Laws in Chapter 40-8

9

entitled “Medical Assistance” are hereby amended to read as follows:

10

     40-8-13.4 Rate methodology for payment for in state and out of state hospital

11

services. -- (a) The executive office of health and human services shall implement a new

12

methodology for payment for in state and out of state hospital services in order to ensure access

13

to and the provision of high quality and cost-effective hospital care to its eligible recipients.

14

      (b) In order to improve efficiency and cost effectiveness, the executive office of health

15

and human services shall:

16

     (1)(A) With respect to inpatient services for persons in fee for service Medicaid, which is

17

non-managed care, implement a new payment methodology for inpatient services utilizing the

18

Diagnosis Related Groups (DRG) method of payment, which is, a patient classification method

19

which provides a means of relating payment to the hospitals to the type of patients cared for by

20

the hospitals. It is understood that a payment method based on Diagnosis Related Groups may

21

include cost outlier payments and other specific exceptions. The executive office will review the

22

DRG payment method and the DRG base price annually, making adjustments as appropriate in

23

consideration of such elements as trends in hospital input costs, patterns in hospital coding,

24

beneficiary access to care, and the Center for Medicare and Medicaid Services national CMS

25

Prospective Payment System (IPPS) Hospital Input Price index.

26

     (B) With respect to inpatient services, (i) it is required as of January 1, 2011 until

27

December 31, 2011, that the Medicaid managed care payment rates between each hospital and

28

health plan shall not exceed ninety and one tenth percent (90.1%) of the rate in effect as of June

29

30, 2010. Negotiated increases in inpatient hospital payments for each annual twelve (12) month

30

period beginning January 1, 2012 may not exceed the Centers for Medicare and Medicaid

31

Services national CMS Prospective Payment System (IPPS) Hospital Input Price index for the

32

applicable period; (ii) provided, however, for the twenty-four (24) month period beginning July 1,

33

2013 the Medicaid managed care payment rates between each hospital and health plan shall not

34

exceed the payment rates in effect as of January 1, 2013 and for the twelve (12) month period

 

LC002168 - Page 47 of 570

1

beginning July 1, 2015, the Medicaid managed care payment rates between each hospital and

2

health plan shall not exceed ninety-five percent (95.0%) of the payment rates in effect as of

3

January 1, 2013; (iii) negotiated increases in inpatient hospital payments for each annual twelve

4

(12) month period beginning July 1, 2015 2016 may not exceed the Centers for Medicare and

5

Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index,

6

less Productivity Adjustment, for the applicable period; (iv) The Rhode Island executive office of

7

health and human services will develop an audit methodology and process to assure that savings

8

associated with the payment reductions will accrue directly to the Rhode Island Medicaid

9

program through reduced managed care plan payments and shall not be retained by the managed

10

care plans; (v) All hospitals licensed in Rhode Island shall accept such payment rates as payment

11

in full; and (vi) for all such hospitals, compliance with the provisions of this section shall be a

12

condition of participation in the Rhode Island Medicaid program.

13

      (2) With respect to outpatient services and notwithstanding any provisions of the law to

14

the contrary, for persons enrolled in fee for service Medicaid, the executive office will reimburse

15

hospitals for outpatient services using a rate methodology determined by the executive office and

16

in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare

17

payments for similar services. Notwithstanding the above, there shall be no increase in the

18

Medicaid fee-for-service outpatient rates effective on July 1, 2013 or, July 1, 2014, or July 1,

19

2015. For the twelve (12) month period beginning July 1, 2015, Medicaid fee-for-service

20

outpatient rates shall not exceed ninety-five percent (95.0%) of the rates in effect as of July 1,

21

2014. Thereafter, changes to outpatient rates will be implemented on July 1 each year and shall

22

align with Medicare payments for similar services from the prior federal fiscal year. With respect

23

to the outpatient rate, (i) it is required as of January 1, 2011 until December 31, 2011, that the

24

Medicaid managed care payment rates between each hospital and health plan shall not exceed one

25

hundred percent (100%) of the rate in effect as of June 30, 2010. Negotiated increases in hospital

26

outpatient payments for each annual twelve (12) month period beginning January 1, 2012 may

27

not exceed the Centers for Medicare and Medicaid Services national CMS Outpatient Prospective

28

Payment System (OPPS) hospital price index for the applicable period; (ii) provided, however,

29

for the twenty-four (24) month period beginning July 1, 2013 the Medicaid managed care

30

outpatient payment rates between each hospital and health plan shall not exceed the payment rates

31

in effect as of January 1, 2013 and for the twelve (12) month period beginning July 1, 2015, the

32

Medicaid managed care outpatient payment rates between each hospital and health plan shall not

33

exceed ninety-five percent (95.0%) of the payment rates in effect as of January 1, 2013; (iii)

34

negotiated increases in outpatient hospital payments for each annual twelve (12) month period

 

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1

beginning July 1, 2015 2016 may not exceed the Centers for Medicare and Medicaid Services

2

national CMS Outpatient Prospective Payment System (OPPS) Hospital Input Price Index, less

3

Productivity Adjustment, for the applicable period.

4

      (c) It is intended that payment utilizing the Diagnosis Related Groups method shall

5

reward hospitals for providing the most efficient care, and provide the executive office the

6

opportunity to conduct value based purchasing of inpatient care.

7

      (d) The secretary of the executive office of health and human services is hereby

8

authorized to promulgate such rules and regulations consistent with this chapter, and to establish

9

fiscal procedures he or she deems necessary for the proper implementation and administration of

10

this chapter in order to provide payment to hospitals using the Diagnosis Related Group payment

11

methodology. Furthermore, amendment of the Rhode Island state plan for medical assistance

12

(Medicaid) pursuant to Title XIX of the federal Social Security Act is hereby authorized to

13

provide for payment to hospitals for services provided to eligible recipients in accordance with

14

this chapter.

15

      (e) The executive office shall comply with all public notice requirements necessary to

16

implement these rate changes.

17

      (f) As a condition of participation in the DRG methodology for payment of hospital

18

services, every hospital shall submit year-end settlement reports to the executive office within one

19

year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit

20

a year-end settlement report as required by this section, the executive office shall withhold

21

financial cycle payments due by any state agency with respect to this hospital by not more than

22

ten percent (10%) until said report is submitted. For hospital fiscal year 2010 and all subsequent

23

fiscal years, hospitals will not be required to submit year-end settlement reports on payments for

24

outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not

25

be required to submit year-end settlement reports on claims for hospital inpatient services.

26

Further, for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include

27

only those claims received between October 1, 2009 and June 30, 2010.

28

      (g) The provisions of this section shall be effective upon implementation of the

29

amendments and new payment methodology pursuant to this section and § 40-8-13.3, which shall

30

in any event be no later than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-

31

19-14, 27-19-15, and 27-19-16 shall be repealed in their entirety.

32

     40-8-19 Rates of payment to nursing facilities. -- (a) Rate reform. (1) The rates to be

33

paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to

34

participate in the Title XIX Medicaid program for services rendered to Medicaid-eligible

 

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1

residents, shall be reasonable and adequate to meet the costs which must be incurred by

2

efficiently and economically operated facilities in accordance with 42 U.S.C. § 1396a(a)(13). The

3

executive office of health and human services shall promulgate or modify the principles of

4

reimbursement for nursing facilities in effect as of July 1, 2011 to be consistent with the

5

provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq., of the Social Security Act.

6

      (2) The executive office of health and human services ("Executive Office") shall review

7

the current methodology for providing Medicaid payments to nursing facilities, including other

8

long-term care services providers, and is authorized to modify the principles of reimbursement to

9

replace the current cost based methodology rates with rates based on a price based methodology

10

to be paid to all facilities with recognition of the acuity of patients and the relative Medicaid

11

occupancy, and to include the following elements to be developed by the executive office:

12

      (i) A direct care rate adjusted for resident acuity;

13

      (ii) An indirect care rate comprised of a base per diem for all facilities;

14

      (iii) A rearray of costs for all facilities every three (3) years beginning October, 2015,

15

which may or may not result in automatic per diem revisions;

16

      (iv) Application of a fair rental value system;

17

      (v) Application of a pass-through system; and

18

      (vi) Adjustment of rates by the change in a recognized national nursing home inflation

19

index to be applied on October 1st of each year, beginning October 1, 2012. This adjustment will

20

not occur on October 1, 2013 or October 1, 2015, but will resume occur on April 1, 2015. Said

21

inflation index shall be applied without regard for the transition factor in subsection (b)(2) below.

22

      (b) Transition to full implementation of rate reform. For no less than four (4) years after

23

the initial application of the price-based methodology described in subdivision (a)(2) to payment

24

rates, the executive office of health and human services shall implement a transition plan to

25

moderate the impact of the rate reform on individual nursing facilities. Said transition shall

26

include the following components:

27

      (1) No nursing facility shall receive reimbursement for direct care costs that is less than

28

the rate of reimbursement for direct care costs received under the methodology in effect at the

29

time of passage of this act; and

30

      (2) No facility shall lose or gain more than five dollars ($5.00) in its total per diem rate

31

the first year of the transition. The adjustment to the per diem loss or gain may be phased out by

32

twenty-five percent (25%) each year; and

33

      (3) The transition plan and/or period may be modified upon full implementation of

34

facility per diem rate increases for quality of care related measures. Said modifications shall be

 

LC002168 - Page 50 of 570

1

submitted in a report to the general assembly at least six (6) months prior to implementation.

2

      (4) Notwithstanding any law to the contrary, for the twelve (12) month period beginning

3

July 1, 2015, payment rates established pursuant to this section shall not exceed ninety-seven

4

percent (97.0%) of the rates in effect as of April 1, 2015.

5

      SECTION 2. Section 40-8.13-5 of the General Laws in Chapter 40-8.13 entitled “Long-

6

Term Managed Care Arrangements” is hereby amended to read as follows:

7

     40-8.13-5 Financial savings under managed care. -- To the extent that financial savings

8

are a goal under any managed long-term care arrangement, it is the intent of the legislature to

9

achieve such savings through administrative efficiencies, care coordination, and improvements in

10

care outcomes, rather than through reduced reimbursement rates to providers. Therefore, any

11

managed long-term care arrangement shall include a requirement that the managed care

12

organization reimburse providers for services in accordance with the following:

13

      (1) For a duals demonstration project, the managed care organization:

14

      (i) Shall not combine the rates of payment for post-acute skilled and rehabilitation care

15

provided by a nursing facility and long-term and chronic care provided by a nursing facility in

16

order to establish a single payment rate for dual eligible beneficiaries requiring skilled nursing

17

services;

18

      (ii) Shall pay nursing facilities providing post-acute skilled and rehabilitation care or

19

long-term and chronic care rates that reflect the different level of services and intensity required

20

to provide these services; and

21

      (2) For a managed long-term care arrangement that is not a duals demonstration project,

22

the managed care organization shall reimburse providers in an amount not less than the rate that

23

would be paid for the same care by EOHHS under the Medicaid program.

24

      (3) Notwithstanding any law to the contrary, for the twelve (12) month period beginning

25

July 1, 2015, payment rates between each nursing facility and managed care organization shall

26

not exceed ninety-seven percent (97.0%) of the payment rates in effect during state fiscal year

27

2015.

28

     SECTION 3. Section 5 of Article 18 of Chapter 145 of the Public Laws of 2014 is

29

hereby repealed.

30

     SECTION 5. A pool is hereby established of up to $1.5 million to support Medicaid

31

Graduate Education funding for Academic Medical Centers with level I Trauma Centers who

32

provide care to the state's critically ill and indigent populations. The office of Health and Human

33

Services shall utilize this pool to provide up to $3 million per year in additional Medicaid

34

payments to support Graduate Medical Education programs to hospitals meeting all of the

 

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1

following criteria:

2

      (a) Hospital must have a minimum of 25,000 inpatient discharges per year for all patients

3

regardless of coverage.

4

      (b) Hospital must be designated as Level I Trauma Center.

5

      (c) Hospital must provide graduate medical education training for at least 250 interns and

6

residents per year.

7

      The Secretary of the Executive Office of Health and Human Services shall determine the

8

appropriate Medicaid payment mechanism to implement this program and amend any state plan

9

documents required to implement the payments.

10

      Payments for Graduate Medical Education programs shall be effective July 1, 2014.

11

     SECTION 4. Pursuant to § 42-12.4-7 of the General Laws, the Secretary of Health and

12

Human Services is hereby authorized by the General Assembly to undertake those programmatic

13

changes requiring the implementation of a rule or regulation or modification of a rule or

14

regulation in existence prior to the implementation of the global consumer choice section 1115

15

demonstration, or any category II change or category III change as defined in the demonstration,

16

that are integral to the appropriations for the medical assistance program contained in Article 1 of

17

this Act and detailed in official budgetary documents supplemental thereto.

18

      SECTION 5. This article shall take effect as of July 1, 2014.

19

ARTICLE 6

20

RELATING TO EDUCATION

21

     SECTION 1. Section 16-21-1 of the General Laws in Chapter 16-21-1 entitled “Health

22

and Safety of Pupils” is hereby amended to read as follows:

23

     16-21-1 Transportation of public and private school pupils. -- (a) The school

24

committee of any town or city shall provide suitable transportation to and from school for pupils

25

attending public and private schools of elementary and high school grades, except private schools

26

that are operated for profit, who reside so far from the public or private school which the pupil

27

attends as to make the pupil's regular attendance at school impractical and for any pupil whose

28

regular attendance would otherwise be impracticable on account of physical disability or

29

infirmity.

30

     (b) For transportation provided to children enrolled in grades kindergarten through five

31

(5), school bus monitors, other than the school bus driver, shall be required on all school bound

32

and home bound routes. Variances to the requirement for a school bus monitor may be granted by

33

the commissioner of elementary and secondary education if he or she finds that an alternative

34

plan provides substantially equivalent safety for children. For the purposes of this section a

 

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1

"school bus monitor" means any person sixteen (16) years of age or older.

2

     (c) No school committee shall negotiate, extend, or renew any transportation contract

3

unless such contract enables the district to participate in the statewide transportation system,

4

without penalty to the district, upon implementation of the statewide transportation system

5

described in RIGL §§ 16-21.1-7 and 16-21.1-8. Notice of the implementation of the statewide

6

transportation system for in-district transportation shall be provided in writing by the department

7

of elementary and secondary education to the superintendent of each district upon

8

implementation. Upon implementation of the statewide system of transportation for all students,

9

each school committee shall purchase transportation services for their own resident students by

10

accessing the statewide system on a fee-for-service basis for each student; provided, however,

11

that any school committee that fulfills its transportation obligations primarily through the use of

12

district-owned buses or district employees may continue to do so. Variances to the requirement

13

for the purchase of transportation services through the statewide transportation system for non-

14

public and non-shared routes may be granted by the commissioner of elementary and secondary

15

education if the commissioner finds that an alternative system is more cost effective. All fees paid

16

for transportation services provided to students under the statewide system shall be paid into a

17

statewide student transportation services restricted receipt account within the department of

18

elementary and secondary education. Payments from the account shall be limited to payments to

19

the transportation service provider and transportation system consultants. This restricted receipt

20

account shall not be subject to the indirect cost recoveries provisions set forth in § 35-4-27.

21

     SECTION 2. Sections 16-23-2 and 16-23-3 of the General Laws in Chapter 16-23

22

entitled “Textbooks” are hereby repealed.

23

     16-23-2 Loan of textbooks. -- (a) The school committee of every community as it is

24

defined in § 16-7-16 shall furnish upon request, at the expense of the community, textbooks to all

25

students in grades K-12 in the fields of mathematics, science, modern foreign languages,

26

English/language arts and history/social studies, appearing on the list of textbooks published by

27

the commissioner of elementary and secondary education as provided in § 16-23-3, to all pupils

28

of elementary and secondary school grades resident in the community, the textbooks to be loaned

29

to the pupils free of charge, subject to any rules and regulations as to care and custody that the

30

school committee may prescribe. For loan purposes, non-public schools may not change a

31

textbook assignment in a field more often than once in a three (3) year period as required of

32

public schools in accordance with the provisions of § 16-23-1. Nothing in this section shall be

33

construed as forbidding non-public schools from requiring the use of any textbook, consistent

34

with the provisions of this chapter, that does not adhere to said limitation, provided that the

 

LC002168 - Page 53 of 570

1

textbook is furnished to the student through a means other than the school committee of the

2

student's city or town of residence.

3

     (b) Every school committee shall also furnish at the expense of the community all other

4

textbooks and school supplies used in the public schools of the community, the other textbooks

5

and supplies to be loaned to the pupils of the public schools free of charge, subject to any rules

6

and regulations as to care and custody that the school committee may prescribe. School books

7

removed from school use may be distributed to pupils, and any textbook may become the

8

property of a pupil who has completed the use of it in school, subject to rules and regulations

9

prescribed by the school committee.

10

     (c) Nothing in this section shall be construed to forbid requiring or accepting from a pupil

11

a deposit of a reasonable amount of money as a guaranty for the return of school property other

12

than the books and supplies required in this section to be loaned free of charge, provided that the

13

school committee shall make suitable rules and regulations for the safekeeping and return of

14

deposits; and, provided, further, that in establishing schedules for deposits, the school committee

15

should include provision for waiver of deposit due to financial hardship.

16

     16-23-3 Published textbook list. -- The commissioner shall publish annually a list of

17

textbooks in use in the public schools in the fields of mathematics, science, modern foreign

18

languages, English/language arts and history/social studies to all students in grades K-12. The list

19

shall be published for the purpose of the loan of the textbooks to all resident pupils as provided

20

for in § 16-23-2 and shall not include any textbooks of a sectarian nature or containing sectarian

21

material.

22

     SECTION 3. Sections 16-99-2 and 16-99-3 of the General Laws in Chapter 16-99

23

entitled “Full-Day Kindergarten Accessibility Act” are hereby amended to read as follows:

24

     16-99-2 Legislative findings. -- The general assembly hereby finds and declares as

25

follows:

26

     (1) According to the National Center for Education Statistics, children in full-day

27

kindergarten classes make greater academic gains in both reading and mathematics compared to

28

those in half-day classes;

29

     (2) According to Kids Count RI, full-day kindergarten can contribute to closing academic

30

achievement gaps between lower and higher income children;

31

     (3) According to the National Center for Education Statistics, full-day kindergarten

32

classes are more likely than half-day classes to instruct students daily in the areas of mathematics,

33

social studies and science; and

34

     (4) According to Kids Count RI, children in full-day kindergarten are more likely to be

 

LC002168 - Page 54 of 570

1

ready for first grade than those in half-day programs, regardless of family income, parental

2

education and school characteristics.; and

3

     (5) While this act does not mandate school districts to operate a full-day kindergarten

4

program, it provides limited one-time, start-up funding for school districts that move to provide

5

students with access to full-day kindergarten programs, distributed on a competitive basis.

6

     16-99-3 Full-day kindergarten. -- (a) For the purpose of this chapter, the term "full-day

7

kindergarten" means a kindergarten program that operates a minimum of five and one-half (5 1/2)

8

hours or three hundred thirty (330) minutes of actual school work, excluding lunch, recess

9

periods, common planning time, pre- and post-school teacher time, study halls, homeroom

10

periods, student passing time and any other time that is not actual instructional time.

11

     (b) The commissioner of elementary and secondary education has discretion to further

12

define and approve full-day kindergarten programs consistent with this section.

13

     (c) Beginning August 2016, each school district must offer full-day kindergarten to every

14

eligible student to qualify for any state education aid provided for in Title 16.

15

     SECTION 4. This article shall take effect upon passage.

16

ARTICLE 7

17

RELATING TO HIGHER EDUCATION ASSISTANCE AUTHORITY

18

     SECTION 1. Chapter 16-37 entitled “Best and Brightest Scholarship Fund” is hereby

19

repealed.

20

     16-37-1 Short title. -- This chapter shall be known and may be cited as the "Best and

21

Brightest Scholarship Act."

22

     16-37-2 Establishment of scholarship fund. – There is established the best and brightest

23

scholarship fund, sometimes referred to as the "fund" or the "scholarship fund," which shall be

24

utilized to attract the best and the brightest of the state's high school graduates, as defined in this

25

chapter, into public school teaching within the state. The general assembly shall annually

26

appropriate any funds as it deems necessary to implement the purposes of this chapter.

27

     16-37-3 Scholarship committee – Members – Meetings – Officers. – There is

28

established the best and brightest scholarship committee, consisting of nine (9) members: one

29

shall be the commissioner of elementary and secondary education, or the commissioner's

30

designee; one shall be the commissioner of higher education, or the commissioner's designee; one

31

shall be the president of the Rhode Island Federation of Teachers, or the president's designee; one

32

shall be the president of the National Education Association of Rhode Island, or the president's

33

designee; one shall be the president of the Rhode Island association of school committees, or the

34

president's designee; one shall be the president of the Rhode Island Association of

 

LC002168 - Page 55 of 570

1

Superintendents of Schools, or the president's designee; one shall be the executive director of the

2

Rhode Island higher education assistance authority, or the director's designee; and two (2) shall

3

be the parents of public or private school students, to be appointed by the governor for a two (2)

4

year term. The committee shall elect a chairperson, vice-chairperson, secretary, and treasurer for

5

one year terms.

6

     16-37-4 Scholarship committee – Powers. – The committee is authorized and

7

empowered:

8

     (1) To adopt rules and regulations designed to implement the provisions of this chapter;

9

     (2) To adopt selection criteria, consistent with this chapter, for best and brightest

10

scholars;

11

     (3) To select annually the best and brightest scholars;

12

     (4) To grant appropriate extensions pursuant to § 16-37-8;

13

     (5) To supervise the disbursement of the best and brightest scholarship fund;

14

     (6) To work in cooperation with the Rhode Island higher education assistance authority

15

which is directed to provide the committee with staff assistance necessary to carry out the

16

purposes of this chapter;

17

     (7) To receive donations and grants from sources including, but not limited to, the federal

18

government, governmental and private foundations, and corporate and individual donors; these

19

donations and grants to be deposited in the scholarship fund.

20

     16-37-5 Eligibility for scholarship. – To be considered for the scholarship, all applicants

21

must:

22

     (1) Be a graduating senior at a public, parochial, or private high school in Rhode Island;

23

     (2) Be accepted for admission at an accredited college or university in the United States

24

or Canada;

25

     (3) Achieve one or more of the following distinctions:

26

     (i) Be in the top ten percent (10%) of the applicant's graduating class as of the end of the

27

second quarter of the senior year;

28

     (ii) Have a score in the ninetieth (90th) percentile or above on either the mathematics or

29

verbal section of the scholastic aptitude test (S.A.T.);

30

     (iii) Have a combined mathematics and verbal S.A.T. score in the eighty-fifth (85th)

31

percentile or above.

32

     16-37-6 Award of scholarship – Conditions. – At any time that sufficient funds become

33

available the committee shall award scholarships in the amount of five thousand dollars ($5,000)

34

for each of the four (4) years of college attendance to each of the eligible applicants which the

 

LC002168 - Page 56 of 570

1

committee deems to be most qualified for the scholarship; provided, that to maintain entitlement

2

to the scholarship each recipient must:

3

     (1) Be enrolled as a full time student in an accredited college or university;

4

     (2) Pursue a course of study leading to Rhode Island teacher certification; and

5

     (3) Maintain satisfactory progress as determined by the college or university attended by

6

the recipient.

7

     16-37-7 Requirement of public school teaching services. – Each recipient of the

8

scholarship shall be required to teach in the public schools of this state for two (2) years for each

9

year of scholarship assistance. This requirement must be completed within ten (10) years of

10

college graduation if the scholarship was used for all four (4) years of college, within eight (8)

11

years if used for three (3) full years of college, within six (6) years if used for two (2) full years of

12

college, and within four (4) years if used for one full year of college; provided, however, that a

13

recipient shall be granted an extension of the requirement upon a showing by the recipient that he

14

or she:

15

     (1) Returns to a full time course of study related to the field of public school teaching or

16

administration;

17

     (2) Is serving, not in excess of three (3) years, as a member of the armed forces of the

18

United States;

19

     (3) Is temporarily totally disabled for a period of time not to exceed three (3) years as

20

established by the sworn affidavit of a qualified physician; or

21

     (4) Is seeking and unable to find employment in Rhode Island as a certified public school

22

teacher.

23

     16-37-8 Failure to comply with § 16-37-7 – Exceptions. – Any recipient who fails to

24

comply with the requirements of § 16-37-7 shall be required to reimburse the scholarship fund for

25

all money received by the recipient, together with interest at a rate to be set by the Rhode Island

26

higher education assistance authority in conformity with the interest rate of the guaranteed

27

student loan program in effect at the time any required repayment begins; provided, that no

28

person shall be required to reimburse the fund who has become permanently disabled as

29

determined by a physician qualified by this state to render this opinion.

30

     16-37-9 Severability. – If any provision of this chapter or of any rule or regulation made

31

under this chapter, or its application to any person or circumstance, is held invalid by a court of

32

competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the

33

provision to other persons or circumstances shall not be affected by its invalidity. The invalidity

34

of any section or sections or parts of any section or sections of this chapter shall not affect the

 

LC002168 - Page 57 of 570

1

validity of the remainder of this chapter.

2

     SECTION 2. Sections 16-41-3 and 16-41-5 of the General Laws in Chapter 16-41

3

entitled “New England Higher Education Compact” are hereby amended to read as follows:

4

     16-41-3 Rhode Island board members – Qualifications. – (a) The authority

5

commissioner of postsecondary education shall appoint four (4) resident members from Rhode

6

Island who shall serve in accordance with article II of the compact. In the month of May in each

7

year the authority commissioner of postsecondary education shall appoint successors to those

8

members of the compact whose terms shall expire in that year, to hold office on the first day of

9

June in the year of appointment and until the first day of June in the third year after their

10

successors are appointed and qualified.

11

     (b) The president of the senate shall appoint two (2) members of the senate to serve in

12

accordance with article II for the member's legislative term.

13

     (c) The speaker of the house shall appoint two (2) members of the house to serve in

14

accordance with article II for the member's legislative term.

15

     (d) Any vacancy of a member which shall occur in the commission shall be filled by the

16

appointing authority for the remainder of the unexpired term. All members shall serve without

17

compensation but shall be entitled to receive reimbursement for reasonable and necessary

18

expenses actually incurred in the performance of their duties.

19

     16-41-5 Repayment of loans. – (a) Dental, medical, optometry, osteopathic, and

20

veterinary medical students that attend schools under the Rhode Island health professions contract

21

program which are supported by funds from the state may decrease their indebtedness to the state

22

under the following options:

23

     (1) Upon completion of his or her dental, medical, optometry, osteopathic, or veterinary

24

training, including internship and residency training, a student who establishes residency in the

25

state will be relieved of fifteen percent (15%) of that indebtedness per year for each year that the

26

student is employed by the state in a full time capacity for a maximum cancellation of seventy-

27

five percent (75%) for five (5) years of employment.

28

     (2) Any graduate who establishes residency in the state will be relieved of ten percent

29

(10%) of that indebtedness per year for each year that he or she practices dentistry, medicine,

30

optometry, osteopathy, or veterinary medicine in the state in a full time capacity for a maximum

31

cancellation of fifty percent (50%) for five (5) years of practice.

32

     (b) In no event shall any student's cancellation of indebtedness under subsection (a)

33

exceed seventy-five percent (75%).

34

     (c) In no event shall any student be entitled to a refund of any sums paid on his or her

 

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1

indebtedness by virtue of the provisions of this section.

2

     (d) The authority office of the postsecondary commissioner shall promulgate rules and

3

regulations which are necessary and proper to promote the full implementation of this section.

4

     SECTION 3. Sections 16-56-3, 16-56-7, 16-56-8, 16-56-9 and 16-56-13 of the General

5

Laws in Chapter 16-56 entitled “Postsecondary Student Financial Assistance” are hereby

6

repealed.

7

     16-56-3 General eligibility requirements. – (a) Eligibility of individuals. An applicant

8

is eligible for a monetary award when the authority finds:

9

     (1) That the applicant is a resident of this state;

10

     (2) That the applicant is enrolled or intends to be enrolled in a program of study which

11

leads to a certificate or degree at an eligible postsecondary institution;

12

     (3) That the applicant exhibits financial need.

13

     (b) Eligibility of institutions. An applicant may apply for an award for the purpose of

14

attending an institution of postsecondary education whether designated as a university, college,

15

community college, junior college, or scientific or technical school, which either:

16

     (1) Is an institution that has gained accreditation from an accrediting agency which is

17

recognized by the United States office of education; or

18

     (2) Has gained the explicit endorsement from the authority for the purpose of Rhode

19

Island postsecondary student financial assistance.

20

     § 16-56-7 Need based scholarships. – (a) Amount of funds allocated. In accordance with

21

authority policies, the authority shall allocate annually to need based scholarships any portion of

22

the total appropriation to this chapter as it may deem appropriate for the purpose of carrying out

23

the provisions of this section.

24

     (b) Definitions.

25

     (1) "Educational costs" means the same as defined in § 16-56-6.

26

     (2) "Family contribution" means the same as defined in § 16-56-6.

27

     (3) "Federal grant assistance" means the same as defined in § 16-56-6.

28

     (4) "Self-help" means the same as defined in § 16-56-6.

29

     (5) "State grant assistance" shall be of any sum awarded to the student as determined in

30

need based grants pursuant to § 16-56-6.

31

     (c) Eligibility of individuals. Eligibility for need based scholarships shall be determined

32

by the authority when it is established that the applicant is found to meet the general eligibility

33

requirements as stated in § 16-56-3; and that the applicant is judged to be an outstanding student

34

on the basis of criteria approved by the authority. The criteria, at a minimum, shall consider the

 

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1

following:

2

     (1) A student's scholastic ability and promise; and/or

3

     (2) A student's subject competencies including those that might extend beyond the

4

academic fields.

5

     (d) Amount of the awards. The amount of the need based scholarships shall be not less

6

than two hundred and fifty dollars ($250) and no greater than two thousand dollars ($2,000) and

7

shall be based upon the following formula: need equals educational costs less the sum of family

8

contribution plus self-help plus federal grant assistance plus state grant assistance. Honorary

9

awards shall be presented to students who are determined to have insufficient financial need for

10

monetary awards.

11

     (e)(1) Number and terms of awards. The number of awards to be granted in any one fiscal

12

year shall be contingent upon the funds allocated to this section. Students determined to be most

13

outstanding shall receive priority for an award.

14

     (2) Each award is renewable by the authority annually for a period of time equivalent to

15

what is reasonably required for the completion of a baccalaureate or associate degree. The

16

authority shall grant a renewal only upon the student's application and upon the authority’s

17

finding that:

18

     (i) The applicant has completed successfully the work of the preceding year and has

19

demonstrated continued scholarly achievement;

20

     (ii) The applicant remains a resident of this state; and

21

     (iii) The applicant's financial situation continues to warrant receipt of a monetary award.

22

     16-56-8 Need based work opportunities. – (a) Amount of funds allocated. The authority

23

shall allocate an amount annually to need based work opportunities not exceeding twenty percent

24

(20%) of the total appropriation to this chapter.

25

     (b) Eligibility of individuals. Eligibility for need based work opportunities shall be

26

determined by the authority when it is established that the applicant is found to meet the general

27

eligibility requirements stated in § 16-56-3.

28

     (c) Number and terms of work opportunities.

29

     (1) Each applicant is eligible for consideration for participation in need based work

30

opportunities for a period of time equivalent to what is reasonably required for the completion of

31

the baccalaureate or associate degree. The authority shall grant a renewal only upon the student's

32

application and upon the authority’s finding that:

33

     (i) The applicant has completed successfully the academic work of the preceding year;

34

     (ii) The applicant remains a resident of this state; and

 

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1

     (iii) The applicant's financial situation continues to warrant the work opportunities.

2

     (2) If the funds available are insufficient to satisfy fully the financial need of the total

3

number of applicants, priorities shall be determined by the authority.

4

     (d) Suitable employment. Students may enter into employment with agencies deemed

5

eligible for participation in the federal college work study program.

6

     16-56-9 Granting of awards. – The authority may distribute the funds allocated to the

7

need based work opportunity program to eligible Rhode Island institutions or directly to eligible

8

students as the authority may deem appropriate.

9

     16-56-13 Income exclusion from financial aid needs test. – Notwithstanding any other

10

provision of this chapter, chapter 57 of this title, or any other general or public law, or regulations

11

issued pursuant to these, to the extent permitted by federal law, the first twenty-five thousand

12

dollars ($25,000) of Rhode Island savings bond investment or the first twenty-five thousand

13

dollars ($25,000) of United States savings bonds issued after December 31, 1989 or any

14

combination of these not exceeding twenty-five thousand dollars ($25,000) shall not be

15

considered in evaluating the financial situation of a student, or be deemed a financial resource of

16

or a form of financial aid or assistance to the student, for the purposes of determining the

17

eligibility of the student for any guaranteed loan, scholarship, grant, monetary assistance, or need

18

based work opportunity, awarded by the Rhode Island higher education assistance authority or the

19

state pursuant to any other law of this state; nor shall any Rhode Island savings bond investment

20

or United States savings bonds issued after December 31, 1989, provided for a student reduce the

21

amount of any guaranteed loan, scholarship, grant, or monetary assistance which the student is

22

entitled to be awarded by the Rhode Island higher education assistance authority in accordance

23

with any other law of this state.

24

     SECTION 4. Sections 16-56-2, 16-56-5, 16-56-6, and 16-56-10 of the General Laws in

25

Chapter 16-56 entitled “Postsecondary Student Financial Assistance” are hereby amended to read

26

as follows.

27

     16-56-2 General appropriation. -- (a) The general assembly shall appropriate annually a

28

sum to provide postsecondary financial assistance pay every award authorized by §§ 16-56-2 –

29

16-56-12. For each fiscal year the appropriation shall be determined by multiplying forty percent

30

(40%) of the October enrollment for the prior four (4) June graduating classes eligible for new or

31

renewed awards times one thousand dollars ($1,000). This sum may be supplemented from time

32

to time by other sources of revenue including but not limited to federal programs.

33

     (b) Notwithstanding the provisions of subsection (a), the sums appropriated in each fiscal

34

year are the sums appropriated for this purpose in Article 1 of P.L. 1992, ch. 133.

 

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1

     16-56-5 Annual evaluation. -- An evaluation of this chapter shall be performed annually

2

by the authority office of the postsecondary commissioner. The evaluation shall provide, as a

3

minimum, a summary of the following information relating to award recipients: family income,

4

student financial needs, basic educational opportunity grant awards, state awards, institutional

5

based student assistance awards, federally guaranteed loans, other student assistance, institution

6

attended, and other pertinent information.

7

     16-56-6 Need based grants and scholarships. – (a) Amount of funds allocated. In

8

accordance with authority policies, the office of the postsecondary commissioner authority shall

9

allocate annually to need based grants and scholarships any portion of the total appropriation to

10

this chapter as it may deem appropriate for the purpose of carrying out the provisions of this

11

section.

12

     (b) Definitions. The following words and phrases have the following definitions for the

13

purpose of this chapter except to the extent that any of these words or phrases is specifically

14

qualified by its context:

15

     (1) "Educational costs" shall be equal to the costs to a student attending the institution of

16

the student's choice.

17

     (2) "Family contribution" shall be the sum expected to be contributed by the family,

18

which amount shall be determined by an approved needs analysis system.

19

      (3) "Federal grant assistance" shall be that grant-in-aid which is provided by the federal

20

government to students for the purpose of attending postsecondary education. This assistance

21

may include, but not necessarily be limited to, basic educational opportunity grants, social

22

security benefits, and veterans survivors' benefits.

23

      (4) "Self-help" shall be a sum determined by the authority and shall be a total determined

24

by considering the ability of the student to earn or borrow during full time enrollment.

25

     (b)(c) Eligibility of individuals. Eligibility for need based grants and scholarships shall be

26

determined by the authority when it is established that the applicant is found to meet the general

27

eligibility requirements stated in § 16-56-3 office of the postsecondary commissioner.

28

     (d) Amount of the awards. The amount of the need based grants shall be not less than two

29

hundred and fifty dollars ($250) and no greater than two thousand dollars ($2,000) and shall be

30

based upon the following formula: need equals educational cost less the sum of family

31

contribution plus self-help plus federal grant assistance.

32

     (c)(e) Number and terms of awards. (1) The number of awards to be granted in any one

33

fiscal year shall be contingent upon the funds allocated to this section.

34

     (2) If the funds available are insufficient to satisfy fully the financial need of the eligible

 

LC002168 - Page 62 of 570

1

students, priority of students shall be determined by the authority.

2

     (3) Each applicant is eligible for consideration for an award for a period of time

3

equivalent to what is required for the completion of a baccalaureate or associate degree on a full

4

time basis. The authority shall grant a renewal only upon the student's application and upon the

5

authority’s finding that:

6

     (i) The applicant has completed successfully the work of the preceding year;

7

     (ii) The applicant remains a resident of the state; and

8

     (iii) The applicant's financial situation continues to warrant receipt of a monetary award.

9

     16-56-10 Rules and regulations. -- In addition to the powers and duties prescribed in

10

previous sections of this chapter, the authority office of the postsecondary commissioner shall

11

promulgate rules and regulations and take any other actions which will promote the full

12

implementation of all provisions of this chapter.

13

     SECTION 5. Sections 16-57-5, 16-57-6, 16-57-11, 16-57-13, 16-57-14, 16-57-15 and 16-

14

57-17 of the General Laws in Chapter 16-57 entitled “Higher Education Assistance Authority”

15

are hereby repealed.

16

     16-57-5 General powers. – The authority shall have all of the powers necessary and

17

convenient to carry out and effectuate the purposes and provisions of this chapter, including

18

without limiting the generality of the foregoing the power:

19

     (1) To sue and be sued, complain and defend, in its corporate name.

20

     (2) To have a seal which may be altered at pleasure and to use the seal by causing it, or a

21

facsimile of it, to be impressed or affixed or in any other manner reproduced.

22

     (3) To acquire the assets and assume the liabilities or to effect the merger into itself of

23

any corporation or other organization incorporated or organized under the laws of this state,

24

which corporation or organization has as its principal business the guaranteeing of loans to

25

students in eligible institutions, all upon any terms and for any consideration as the authority shall

26

deem to be appropriate.

27

     (4) To make contracts and guarantees and incur liabilities, and borrow money at any rates

28

of interest as the authority may determine.

29

     (5) To make and execute all contracts, agreements, and instruments necessary or

30

convenient in the exercise of the powers and functions of the authority granted by this chapter.

31

     (6) To lend money for its purposes, and to invest and reinvest its funds.

32

     (7) To conduct its activities, carry on its operations, and have offices and exercise the

33

powers granted by this chapter, within or without the state.

34

     (8) To elect, appoint, or employ in its discretion officers and agents of the authority, and

 

LC002168 - Page 63 of 570

1

define their duties.

2

     (9) To make and alter bylaws, not inconsistent with this chapter, for the administration

3

and regulation of the affairs of the authority, and the bylaws may contain provisions indemnifying

4

any person who is or was a director, officer, employee, or agent of the authority, in the manner

5

and to the extent provided in § 7-1.2-814.

6

     (10) To have and exercise all powers necessary or convenient to effect its purposes.

7

     16-57-6 Additional general powers. – (a) In addition to the powers enumerated in § 16-

8

57-5, the authority shall have power:

9

     (1) To guarantee one hundred percent (100%) of the unpaid principal and accrued interest

10

of any eligible loan made by a lender to any eligible borrower for the purpose of assisting the

11

students in obtaining an education in an eligible institution.

12

     (2) To procure insurance of every nature to protect the authority against losses which may

13

be incurred in connection with its property, assets, activities, or the exercise of the powers granted

14

under this chapter.

15

     (3) To provide advisory, consultative, training, and educational services, technical

16

assistance and advice to any person, firm, partnership, or corporation, whether the advisee is

17

public or private, in order to carry out the purposes of this chapter.

18

     (4) When the authority deems it necessary or desirable, to consent to the modification,

19

with respect to security, rate of interest, time of payment of interest or principal, or any other term

20

of a bond or note, contract, or agreement between the authority and the recipient or maker of a

21

loan, bond, or note holder, or agency or institution guaranteeing the repayment of, purchasing, or

22

selling an eligible loan.

23

     (5) To engage the services of consultants on a contract basis for rendering professional

24

and technical assistance and advice, and to employ attorneys, accountants, financial experts, and

25

any other advisers, consultants, and agents as may be necessary in its judgment, and to fix their

26

compensation.

27

     (6) To contract for and to accept any gifts, grants, loans, funds, property, real or personal,

28

or financial or other assistance in any form from the United States or any agency or

29

instrumentality of the United States, or from the state or any agency or instrumentality of the

30

state, or from any other source, and to comply, subject to the provisions of this chapter, with the

31

terms and conditions of those entities. Loans provided pursuant to subsection (b) of this section

32

shall be repaid to the authority and deposited as general revenues of the state.

33

     (7) To prescribe rules and regulations deemed necessary or desirable to carry out the

34

purposes of this chapter, including without limitation rules and regulations:

 

LC002168 - Page 64 of 570

1

     (i) To insure compliance by the authority with the requirements imposed by statutes or

2

regulation governing the guaranty, insurance, purchase, or other dealing in eligible loans by

3

federal agencies, instrumentalities, or corporations,

4

     (ii) To set standards of eligibility for educational institutions, students, and lenders and to

5

define residency and all other terms as the authority deems necessary to carry out the purposes of

6

this chapter, and

7

     (iii) To set standards for the administration of programs of postsecondary student

8

financial assistance assigned by law to the authority, including but not limited to savings

9

programs. Administrative rules governing savings programs shall authorize the authority, in

10

conjunction with the executive director of the Rhode Island student loan authority and the

11

commissioner of higher education, to negotiate reciprocal agreements with institutions in other

12

states offering similar savings programs for the purpose of maximizing educational benefits to

13

residents, students and institutions in this state.

14

     (8) To establish penalties for violations of any order, rule, or regulation of the authority,

15

and a method for enforcing these.

16

     (9) To set and collect fees and charges, in connection with its guaranties and servicing,

17

including without limitation reimbursement of costs of financing by the authority, service

18

charges, and insurance premiums and fees and costs associated with implementing and

19

administering savings programs established pursuant to this chapter. Fees collected due to the

20

Rhode Island work study program or due to unclaimed checks shall be deposited as general

21

revenues of the state.

22

     (10) To enter into an agreement with any university to secure positions for Rhode Island

23

applicants in a complete course of study in its school of veterinary medicine, medicine, dentistry,

24

optometry, and three (3) positions in osteopathic medicine and to guarantee and pay the

25

university for each position.

26

     (11) To enter into agreements with loan applicants providing preferential rates and terms

27

relative to other applicants; provided, that the loan applicants agree to work in a licensed child

28

care facility in Rhode Island for at least two (2) years upon completion or graduation in a course

29

of study in early childhood education or child care.

30

     (12) To develop and administer, in conjunction with the executive director of the Rhode

31

Island student loan authority and the commissioner of higher education, savings programs on

32

behalf of itself, the state, students, parents, or any other private parties, all in cooperation with

33

any other public and private parties and in accordance with any criteria or guidelines as the

34

authority shall deem appropriate to effectuate the purposes of this chapter. To the extent

 

LC002168 - Page 65 of 570

1

practicable, these savings programs shall provide students, parents, and others an opportunity to

2

participate conveniently and shall enable them to set aside relatively small amounts of money at a

3

time and shall incorporate or be available in conjunction with, directly or indirectly, tuition

4

agreements from as many eligible institutions as feasible.

5

     (13) In connection with any savings program, the authority may accept, hold, and invest

6

funds of students, parents, institutions of higher education, and others and may establish special

7

accounts for carrying out the purposes of this chapter.

8

     (14) To enter into contracts with institutions of higher education, financial institutions,

9

financial consultants, attorneys, and other qualified entities on terms and conditions and for a

10

term as it may deem advisable or desirable for the purpose of establishing and maintaining

11

savings programs authorized pursuant to this chapter.

12

     (15) To create and supervise a marketing plan dedicated to the promotion of savings

13

programs created pursuant to this chapter and to hire professional consultants and attorneys for

14

these purposes.

15

     (16) To assist the general treasurer in the implementation of the college and university

16

savings bond program established under chapter 15 of title 35.

17

     (b) The authority shall enter into agreements with the prospective students to the

18

university for the repayment by the students of the money advanced under any terms and

19

conditions as are reasonable. The authority may charge students interest on the money advanced

20

under this chapter at a fixed or variable rate not exceeding the greater of seven and one-half

21

percent (7 1/2%) per annum or the maximum rate allowable under 42 U.S.C. § 292 et seq. and the

22

regulations promulgated under that act by the United States office of education.

23

     16-57-11 Exemption from taxation. – (a) The exercise of the powers granted by this

24

chapter will be in all respects for the benefit of the people of this state, the increase of their

25

commerce, welfare, and prosperity and for the improvement of their living conditions and will

26

constitute the performance of an essential governmental function and the authority shall not be

27

required to pay any taxes or assessments upon or in respect of any transaction or of any property

28

or money of the authority, levied by any municipality or political subdivision of the state.

29

      (b) The authority shall not be required to pay state taxes of any kind, and the authority,

30

its property, and money shall at all times be free from taxation of every kind by the state and by

31

the municipalities and all political subdivisions of the state. The authority shall not be required to

32

pay any transfer tax of any kind on account of instruments recorded by it or on its behalf.

33

     § 16-57-13 Authorization to accept appropriated money. – The authority is authorized to

34

accept any money as may be appropriated by the general assembly for effectuating its corporate

 

LC002168 - Page 66 of 570

1

purposes including, without limitation, the payment of the initial expenses of administration and

2

operation and the establishment of reserves or contingency funds to be available for the payment

3

of obligations of the authority and to reimburse the authority for sums forgiven pursuant to § 16-

4

41-5.

5

     16-57-14 Assistance by state officer, departments, boards, and commissions. – (a) All

6

state agencies may render any services to the authority within their respective functions as may be

7

requested by the authority.

8

     (b) Upon request of the authority, any state agency is authorized and empowered to

9

transfer to the authority any officers and employees as it may deem necessary to assist the

10

authority in carrying out its functions and duties under this chapter. Officers and employees

11

transferred shall not lose their civil service status or rights.

12

     16-57-15 Annual report. – The authority shall submit to the governor within four (4)

13

months after the close of its fiscal year a report of its activities for the preceding fiscal year, and

14

the report shall set forth a complete operating and financial statement covering the authority’s

15

operations during the preceding fiscal year. The authority shall include in its report the names and

16

addresses of each recipient. The authority shall cause an audit of its books and accounts to be

17

made at least once each fiscal year by certified public accountants selected by it and its cost shall

18

be paid by the authority from funds available to it pursuant to this chapter.

19

     16-57-17 Other statutes. – Nothing contained in this chapter shall restrict or limit the

20

powers of the authority arising under any laws of this state except where those powers are

21

expressly contrary to the provisions of this chapter. This chapter shall be construed to provide a

22

complete additional and alternative method for doing the things authorized by it and shall be

23

regarded as supplemental and in addition to the powers conferred by other laws. The making of

24

any guaranty under the provisions of this chapter need not comply with the requirements of any

25

other statute applicable to the making of guaranties. Except as provided in this chapter no

26

proceedings or notice of approval shall be required for the making of any guaranty.

27

     SECTION 6. Sections 16-57-1, 16-57-2, 16-57-3, 16-57-4, 16-57-6.1, 16-57-6.2, 16-57-

28

6.3, 16-57-6.5, 16-57-6.6, 16-57-7, 16-57-8, 16-57-9, 16-57-10 and 16-57-12 of the General Laws

29

in Chapter 16-57 entitled “Higher Education Assistance Authority” are hereby amended to read

30

as follows:

31

     16-57-1 Short title. -- This chapter shall be known as the "Rhode Island Division of

32

Higher Education Assistance Authority Act".

33

     16-57-2 Findings. -- The purpose of this chapter is to authorize a system of financial

34

assistance, consisting of loan guaranties, savings programs, and other aids, for qualified students,

 

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1

parents, and others responsible for paying the costs of education to enable them to obtain an

2

education beyond the high school level by attending public or private educational institutions.

3

The general assembly has found and declares that it is in the public interest and essential to the

4

welfare and well being of the inhabitants of the state and to the proper growth and development

5

of the state to foster and provide financial assistance to qualified students, parents, and others

6

responsible for paying the costs of education in order to help prospective students to obtain an

7

education beyond the high school level. The general assembly has found that many inhabitants of

8

the state who are fully qualified to enroll in appropriate educational institutions for furthering

9

their education beyond the high school level lack the financial means and are unable, without

10

financial assistance as authorized under this chapter, to pay the cost of their education, with a

11

consequent irreparable loss to the state of valuable talents vital to its welfare. The general

12

assembly also recognizes that educational institutions for higher education are in need of

13

appropriate additional means to provide financial assistance to qualified students, parents, and

14

others responsible for paying the costs of education. The general assembly has determined that

15

the establishment of a proper system of financial assistance, containing eligibility opportunities

16

for students and residents of this state and other states serves a public purpose and is fully

17

consistent with the long established policy of the state to encourage, promote, and assist the

18

education of the people of the state. The general assembly further finds that higher education

19

financial assistance needs of Rhode Islanders will be better served by transferring all of the

20

functions and programs handled by the Rhode Island higher education assistance authority to the

21

Rhode Island division of higher education assistance and the office of the general treasurer.

22

     16-57-3 Definitions. -- As used in this chapter, the following words and terms have the

23

following meanings unless the context indicates another or different meaning or intent:

24

     (1) "Authority" means the governmental agency and public instrumentality previously

25

authorized, created, and established pursuant to § 16-57-4.

26

      (2) "Commissioner of higher postsecondary education" means the commissioner

27

appointed by the Rhode Island board of governors for higher education council on postsecondary

28

education pursuant to § 16-59-6 or his or her designee.

29

     (3)"Eligible borrower" means a student, or the parent of a student, who is either a resident

30

of the state or who, under rules promulgated by the authority division, is qualified to make an

31

eligible loan.

32

     (4) "Eligible institution", subject to further particular or more restrictive definition by

33

regulation of the authority division, means:

34

     (i) An institution of higher learning;

 

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1

     (ii) A vocational school; or

2

     (iii) With respect to students who are nationals of the United States, an institution outside

3

the United States which is comparable to an institution of higher education or to a vocational

4

school and which has been approved by the authority division and by the commissioner of

5

postsecondary education for purposes of the guaranteed student loan program.

6

     (5) "Eligible loan" means a loan to a student or to the parent of a student insured or

7

guaranteed by the commissioner of postsecondary education, by the authority division, or by any

8

other governmental or private agency, corporation, or organization having a reinsurance or

9

guaranty agreement with the commissioner applicable to the student loan.

10

     (6) "Guaranteed student loan program" means the program of federal student loan

11

insurance and reinsurance administered by the commissioner of postsecondary education.

12

     (7) "Lender", subject to further particular or more restrictive definition by regulation of

13

the authority division, means any governmental or private agency, corporation, organization, or

14

institution designated as an "eligible lender" by federal statute, regulation, or administrative

15

ruling for the purposes of the guaranteed student loan program.

16

     (8) "Participant" means an individual, corporation, trust or other "person" within the

17

meaning of § 529 of the Internal Revenue Code [26 U.S.C. § 529], who makes contributions to

18

the tuition savings program established pursuant to § 16-57-6.1 for purposes of paying qualified

19

higher education expenses on behalf of a beneficiary.

20

     (9) "Participating institution" means an institution for higher education which agrees to

21

participate in a savings program or prepaid tuition program established pursuant to this chapter.

22

     (10) "Prepaid tuition program" means a program administered by the authority division,

23

in conjunction with the executive director of the Rhode Island Student Loan Authority, and the

24

commissioner of postsecondary education higher education, which provides a means for qualified

25

students, parents and others responsible for paying the costs of education to fix all or a portion of

26

the direct cost of attendance at participating institutions in one or more future years.

27

     (11) "Program" means the tuition savings program established pursuant to § 16-57-6.1.

28

     (12) "Qualified higher education expenses" means the costs of tuition, fees, books,

29

supplies and equipment required for enrollment or attendance at an institution of higher

30

education, and other education costs defined by federal law.

31

     (13) "Secretary" means the United States secretary of education.

32

     (14) "State" means the state of Rhode Island and Providence Plantations.

33

     (15)"Student", as used with reference to the guaranteed student loan program and the

34

parent loan program, means an individual who, under rules promulgated by the authority division,

 

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1

is enrolled or accepted for enrollment at an eligible institution and who is making suitable

2

progress in his or her education toward obtaining a degree or other appropriate certification in

3

accordance with standards acceptable to the authority.

4

     (16) "Tuition savings program" or "Savings program" means a program approved and

5

administered by the authority General Treasurer, in conjunction with the executive director of the

6

Rhode Island Student Loan Authority, and the commissioner of postsecondary education higher

7

education, designed to facilitate and encourage savings by or on behalf of students, future

8

students and parents for the purpose of paying the costs of attending institutions of higher

9

education.

10

     (17) “Council” means the council on postsecondary education established pursuant to §

11

16-59-1.

12

     (18) “Division” means the Rhode Island division of higher education assistance, the

13

division authorized, created and established pursuant to § 16-57-4.

14

     16-57-4 Creation. -- (a) There is authorized, created, and established within the office of

15

the commissioner of postsecondary education, a division of higher education assistance hereby

16

granted and authorized to use all of public corporation of the state having a distinct legal

17

existence from the state and not constituting a department of state government, which is a

18

governmental agency and public instrumentality of the state, to be known as the "Rhode Island

19

higher education assistance authority" with the powers set forth in this chapter, for the purposes

20

of guaranteeing eligible loans to students in eligible institutions and to parents of those students

21

and of administering other programs of postsecondary student financial assistance assigned by

22

law to the authority division.

23

     (b) The exercise by the authority division of the powers conferred by this chapter shall be

24

deemed and held to be the performance of an essential governmental function of the state for

25

public purposes. It is the intent of the general assembly by the passage of this chapter to vest in

26

the authority division all powers, authority, rights, privileges, and titles which may be necessary

27

to enable it to accomplish the purposes set forth in this section and this chapter and the powers

28

granted by it shall be liberally construed in conformity with these purposes.

29

     (c) The authority and its corporate existence shall be terminated on July 1, 2015 or upon

30

approval by the U.S. department of education, whichever is later, and continue until terminated

31

by law or until the authority shall cease entirely and continuously to conduct or be involved in

32

any business in furtherance of its purposes; provided, that no termination shall take effect so long

33

as the authority shall have guaranties or other obligations outstanding, unless adequate provision

34

shall have been made for the payment of the obligations pursuant to the documents securing them

 

LC002168 - Page 70 of 570

1

or to this law. Upon termination of the existence of the authority, all its rights and properties shall

2

pass to and be vested in the state. At no time shall the assets or other property of the authority

3

inure to the benefit of any person or other corporation or entity. division of higher education

4

assistance, except as otherwise provided in § 16-57-6.1. The division shall continue until

5

terminated by law or until the division shall cease entirely and continuously to conduct or be

6

involved in any business in furtherance of its purposes; provided, that no termination shall take

7

effect so long as the division shall have guaranties or other obligations outstanding, unless

8

adequate provision shall have been made for the payment of the obligations pursuant to the

9

documents securing them or to this law. Upon termination of the existence of the division, all its

10

rights and properties shall pass to and be vested in the state. At no time shall the assets or other

11

property of the division inure to the benefit of any person or other corporation or entity.

12

     (d) Except as provided in § 16-57-6.1, effective July 1, 2015 or upon approval by the

13

U.S. department of education, whichever is later:

14

     (i) all functions formerly administered by the Rhode Island higher education assistance

15

authority are hereby transferred to the Rhode Island division of higher education assistance;

16

     (ii) the Rhode Island division of higher education assistance shall assume all rights,

17

duties, assets, liabilities and obligations of the former Rhode Island higher education assistance

18

authority and the Rhode Island division of higher education assistance shall be considered to be

19

the successor-in-interest to the Rhode Island higher education assistance authority; and

20

     (iii) all contracts and agreements of whatsoever kind of the Rhode Island higher

21

education assistance authority are hereby assigned, transferred to and assumed by the Rhode

22

Island division of higher education assistance.

23

     (e) Upon the completion of the transfer, the corporation known as the “Rhode Island

24

higher education assistance authority” shall cease to exist. Whenever in any general law or public

25

law reference is made to the “Rhode Island higher education assistance authority,” the reference

26

shall be deemed to refer to and mean the “Rhode Island division of higher education assistance,”

27

which also may be referred to as the “division.”

28

     16-57-6.1 Tuition savings program. -- (a) The authority general treasurer shall, in

29

conjunction with the division, the state investment commission, executive director of the Rhode

30

Island student loan authority and the commissioner of higher postsecondary education, shall

31

establish in any form as it he or she deems appropriate, a tuition savings program to allow persons

32

to save money for the sole purpose of meeting qualified higher education expenses.

33

     (b) All money received in connection with the tuition savings program shall be

34

segregated from all other funds of the authority into two (2) funds, a program fund and an

 

LC002168 - Page 71 of 570

1

administrative fund. No more than two percent (2%) of money in the program fund may be

2

transferred annually to the administrative fund for the purpose of paying operating costs of

3

administering the tuition savings program. Money accrued by participants in the program fund

4

may be used for payments to an eligible institution. All proceeds from the tuition savings program

5

shall be directed to the program fund to be used for financial aid related activities in Rhode Island

6

pursuant to § 16-56-6.

7

     (c) The state investment commission shall invest money within the program fund in any

8

investments which are authorized by the general laws, including equities and fixed income

9

securities. The composition of investments shall be determined by the state investment

10

commission, subject to the approval of the authority. The state investment commission shall

11

consider the recommendations of the commissioner of higher education and the executive director

12

of the Rhode Island Student Loan Authority with respect to the appropriate composition of

13

investments within the program fund.

14

     (d) A participant may at any time withdraw funds from the participant's account in the

15

tuition savings program in an amount up to the value of the account at the time the withdrawal is

16

implemented, less such administrative fee as may be levied by the authority treasurer in

17

connection with the withdrawal.

18

     (e) Notwithstanding any of the foregoing provisions, no administrative fee may be levied

19

by the authority treasurer in the event that a participant requests withdrawal of funds from the

20

participant's account in the tuition savings program on account of, and within the meanings of §

21

529 of the Internal Revenue Code [26 U.S.C. § 529]:

22

     (1) The death of the beneficiary of the account;

23

     (2) The disability of the beneficiary; or

24

     (3) A scholarship, allowance, or payment received by the beneficiary to the extent that

25

the amount of the refund does not exceed the amount of the scholarship, allowance, or payment.

26

     (f) In the event that a participant requests a withdrawal from an account in the tuition

27

savings program other than (1) a withdrawal used for qualified higher education expenses of the

28

beneficiary of the account, or (2) for a reason referred to in subdivision (e)(1), (e)(2), or (e)(3) of

29

this section, the authority treasurer shall impose a more than de minimus penalty on the earnings

30

portion of the withdrawal in accordance with § 529 of the Internal Revenue Code [26 U.S.C. §

31

529]; provided that no penalty shall be imposed with respect to any such withdrawal, or any other

32

withdrawal, from any account in the tuition savings plan to which the tax made applicable by §

33

529 of the Internal Revenue Code [26 U.S.C. § 529] is effective.

34

     (g) Resources of the authority and the Rhode Island student loan authority shall be

 

LC002168 - Page 72 of 570

1

employed to effect implementation of the tuition savings program.

2

     16-57-6.2 Ownership of assets -- Transfer of ownership rights. -- (a) The participant

3

retains ownership of all assets properly allocated to an account maintained for the participant in

4

the tuition savings program up to the date of withdrawal or distribution of these from the

5

program.

6

     (b) All assets of the tuition savings program shall be considered to be held in trust. As

7

required by the Internal Revenue Code, no interest in the tuition savings program or any portion

8

of these may be used as security for a loan.

9

     (c) Any amounts paid to the administrative fund of the tuition savings program are owned

10

by the authority. These amounts may include, but are not limited to, appropriated state funds.

11

     (d)(c) A participant may transfer ownership rights in the tuition savings program to

12

another participant or designate a new beneficiary insofar as permitted by § 529 of the Internal

13

Revenue Code [26 U.S.C. § 529] under such conditions as the authority treasurer deems

14

appropriate.

15

     16-57-6.3 Tax exempt earnings. -- (a) For state income tax purposes, annual earnings of

16

the tuition savings program and the prepaid tuition program shall be exempt from tax to the

17

program, and shall not be includible in the Rhode Island income of either beneficiaries or

18

participants in the program until withdrawn or distributed from it, and then in accordance with

19

chapter 30 of title 44.

20

      (b) The tax administrator, in consultation with the authority, may adopt rules and

21

regulations necessary to monitor, implement, and administer the Rhode Island personal income

22

tax provisions referred to in subsection (a) relating to this chapter. These regulations shall provide

23

for each taxable year for the timely submission to the tax administrator by the program manager

24

of the tuition savings program of this information in the form the tax administrator shall prescribe

25

concerning contributions to, and withdrawals including transfers and rollovers from, the tuition

26

savings program during that year.

27

     16-57-6.5 Annual audited financial report to the governor and general assembly. –

28

(a) The authority treasurer, shall submit to the governor, the speaker of the house of

29

representatives, the president of the senate, and the secretary of state an annual audited financial

30

report, prepared in accordance with generally accepted accounting principles, on the operations of

31

the tuition savings program by November 1 of each year. The annual audit shall be made either

32

by the auditor general or by an independent certified public accountant approved by the auditor

33

general and shall include direct and indirect costs attributable to the use of outside consultants,

34

independent contractors, and any other persons who are not state employees.

 

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1

     (b) The annual audited financial report shall be supplemented by the following

2

information, to be submitted by April 1 of each year, on the operations of the program for the

3

previous calendar year:

4

     (1) A summary of meetings or hearings held, meeting minutes, subjects addressed,

5

decisions rendered, rules or regulations promulgated, studies conducted, policies and plans

6

developed, approved, or modified, and programs administered or initiated; and a summary of any

7

clerical, administrative or technical support received; a summary of performance during the

8

previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of

9

hearings, complaints, suspensions or other legal matters related to the authority of the board; a

10

summary of any training courses held pursuant to subsection 16-57-7(a)(2); a briefing on

11

anticipated activities in the upcoming fiscal year; and findings and recommendations for

12

improvements;

13

     (2)(1) A summary of the benefits provided by the tuition savings program including the

14

number of participants and beneficiaries;

15

     (3)(2) Any other information which is relevant in order to make a full, fair and effective

16

disclosure of the assets and operations of the program; and

17

     (4)(3) The foregoing supplemental information shall be posted electronically on the

18

general assembly's and the secretary of state's websites as prescribed in § 42-20-8.2 of the Rhode

19

Island general laws. The treasurer director of the department of administration shall be

20

responsible for the enforcement of this provision.

21

     16-57-6.6 Exclusion from financial aid needs test. -- It shall be at the discretion of the

22

office of postsecondary commissioner whether Notwithstanding any other provision of this

23

chapter or chapter 56 of this title, no moneys invested in the tuition savings program shall be

24

considered to be an asset for purposes of determining an individual's eligibility for a need based

25

grant, need based scholarship or need based work opportunity offered by the state under the

26

provisions of chapter 56 of this title.

27

     16-57-7 Directors, officers, and employees Council on Postsecondary Education.--

28

(a)(1) The powers of the authority shall be vested in a board of directors consisting of nine (9)

29

members, five (5) of whom shall be appointed by the governor from among members of the

30

general public, who are qualified by training or experience in education finance or personal

31

investment consulting and made in accordance with subsection (b) of this section; three (3) of

32

whom shall be appointed by the governor, who shall give due consideration to the

33

recommendations made by the chairperson of the board of governors for higher education and by

34

the Rhode Island Independent Higher Education Association for those appointments; and the state

 

LC002168 - Page 74 of 570

1

general treasurer ex-officio or his or her designee who shall be a subordinate from within the

2

office of the general treasurer. All gubernatorial appointments made to this board shall be subject

3

to the advice and consent of the senate. All board members first appointed to the board after the

4

effective date of this act shall be residents of this state. Designees of members serving ex-officio

5

shall represent him or her at all meetings of the board. Except for the chairpersons of the house

6

and senate finance committees or their designees who shall cease to be members of the authority

7

upon the effective date of this act, each member shall serve until his or her successor is appointed

8

and qualified. The original members appointed by the governor shall be appointed in a manner as

9

to provide for the expiration of the term of one member on the first day of July of each year. The

10

council on postsecondary education established pursuant to § 16-59-1 shall retain all authority

11

formerly vested in the higher education assistance authority board of directors, except as provided

12

by § 16-57-6.1. Whenever in any general or public law reference is made to the “board of

13

directors of the higher education assistance authority,” the reference shall be deemed to refer to

14

and mean the “council on postsecondary education.”

15

     (2) Newly appointed and qualified public members and designees of ex-officio members

16

shall, within six (6) months of their qualification or designation, attend a training course that shall

17

be developed with board approval and conducted by the chair of the board and shall include

18

instruction in the following areas: the provisions of chapters 16-57, 42-46, 36-14 and 38-2; and

19

the board's rules and regulations. The director of the department of administration shall, within

20

ninety (90) days of the effective date of this act, prepare and disseminate training materials

21

relating to the provisions of chapters 42-46, 36-14 and 38-2.

22

     (3) Public members of the board shall be removable by the appointing authority for cause

23

only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the

24

office shall be unlawful.

25

     (b) During the month of June of each year, the governor shall appoint a member to

26

succeed the member whose term will then next expire to serve for a term of five (5) years

27

commencing on the first day of July then next following, and after this, until a successor is

28

appointed and qualified. As soon as practicable after the effective date of this act, the governor

29

shall appoint a member to serve an initial term to expire on July 1, 2010. Thereafter, all members

30

appointed by the general treasurer shall be appointed to terms of five (5) years, and the governor

31

shall, during the month of June preceding the expiration of each term, appoint a member whose

32

term will then next expire. In the event of a vacancy occurring in the office of a member by death,

33

resignation, removal, or otherwise, the vacancy shall be filled in the same manner as an original

34

appointment but only for the remainder of the term of the former member.

 

LC002168 - Page 75 of 570

1

     (c) The directors shall receive no compensation for the performance of their duties under

2

this chapter, but each director shall be reimbursed for his or her reasonable expenses incurred in

3

carrying out the duties. A director may engage in private employment or in a profession or

4

business.

5

     (d) Upon appointment and qualification of the original board of directors, and during the

6

month of July of each year after this, the board of directors shall elect one of its members to serve

7

as chairperson. The board may elect from among its members such other officers as they deem

8

necessary. Five (5) directors shall constitute a quorum and any action to be taken by the authority

9

under the provisions of this chapter may be authorized by resolution approved by a majority of

10

the directors present and voting at any regular or special meeting at which a quorum is present. A

11

vacancy in the membership of the board of directors shall not impair the right of a quorum to

12

exercise all the rights and perform all the duties of the authority.

13

     (e)(1) In addition to electing a chairperson, the board of directors shall appoint a secretary

14

and any additional officers and staff members as they shall deem appropriate. The board of

15

directors shall appoint an executive director who shall be in the unclassified service and vest in

16

that person or his or her subordinates the authorization to appoint additional staff members who

17

shall be in the classified service and to determine the amount of compensation each individual

18

shall receive. Those persons who were regularly established full time employees of the authority,

19

prior to March 27, 1979, and who are required to be in the classified service may be placed in

20

appropriate classifications within the classified service without the requirement of competitive

21

examination (as approved by the executive director). All employees hired after March 27, 1979,

22

will be hired in accordance with the requirements of the classified service for examination,

23

approved state lists, and other procedures of the state division of personnel. Those persons who

24

were regularly established full time employees of the authority, prior to March 27, 1979, shall

25

have the right to purchase retirement credits for the period commencing November 1, 1977, to

26

March 27, 1979, at the its full actuarial cost.

27

     (2) Any employee in either the classified or unclassified service who was, prior to his or

28

her hiring by the authority, a participant in the retirement program adopted for personnel at any

29

state or private college shall have the option to either remain with that retirement program while

30

an employee of the authority or become a participant in the employees' retirement system of the

31

state.

32

     (f)(b) No full time employee shall during the period of his or her employment by the

33

authority division engage in any other private employment, profession, or business, except with

34

the approval of the commissioner of postsecondary education.board of directors; provided, that

 

LC002168 - Page 76 of 570

1

the executive director shall not engage in any other private employment, profession, or business,

2

including, but not limited to consulting.

3

     (g) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict

4

of interest for a director, officer, or employee of any financial institution, investment banking

5

firm, brokerage firm, commercial bank, trust company, savings and loan association, credit union,

6

insurance company, educational institution, or any other firm, person, or corporation to serve as a

7

director of the authority, nor shall any contract or transaction between the authority and any

8

financial institution, investment banking firm, brokerage firm, commercial bank, trust company,

9

savings and loan association, credit union, insurance company, educational institution, or any

10

other firm, person, or corporation be void or voidable by reason of any service as director of the

11

authority. If any director, officer, or employee of the authority shall be interested either directly or

12

indirectly, or shall be a director, officer, or employee of or have an ownership interest (other than

13

as the owner of less than one percent (1%) of the shares of a publicly held corporation) in any

14

firm or corporation interested directly or indirectly in any contract with the authority, the interest

15

shall be disclosed to the authority and set forth in the minutes of the authority, and the director,

16

officer, or employee having interest in this shall not participate on behalf of the authority in the

17

authorization of any contract. Interested directors may be counted in determining the presence of

18

a quorum at a meeting of the board of directors of the authority which authorizes the contract or

19

transaction.

20

     (h) Any action taken by the authority under the provisions of this chapter may be

21

authorized by vote at any regular or special meeting, and each vote shall take effect immediately.

22

     (i) The board of directors may designate from among its members an executive

23

committee and one or more other committees each of which, to the extent authorized by the board

24

of directors, shall have and may exercise all the authority of the board of directors, but no

25

committee shall have the authority of the board of directors in reference to the disposition of all

26

or substantially all the property and assets of the authority or amending the bylaws of the

27

authority.

28

     16-57-8 Designated agency. -- The authority division established within the office of the

29

postsecondary commissioner is designated the state agency or corporation to apply for, receive,

30

accept, and disburse federal funds, and funds from other public and private sources, made

31

available to the state for use as reserves to guarantee student loans or as administrative money to

32

operate student loan programs, and is designated to administer any statewide programs of student

33

assistance that shall be establishedunder established under federal law.

34

     16-57-9 Loans to minors -- Loan obligations. -- (a) Any person qualifying for an

 

LC002168 - Page 77 of 570

1

eligible loan shall not be disqualified to receive a loan guaranteed by the authority division by

2

reason of his or her being a minor. For the purpose of applying for, securing, receiving, and

3

repaying a loan, any person shall be deemed to have full legal capacity to act and shall have all

4

the rights, powers, privileges, and obligations of a person of full age with respect to a loan.

5

     (b) No loan obligation incurred by any individual under the provisions of this chapter

6

may be expunged, reduced, or discharged in any proceeding, including any proceeding in federal

7

bankruptcy court. Any individual receiving a loan under the provisions of this chapter shall be

8

required to sign an affidavit acknowledging the loan and agreeing to this condition.

9

     16-57-10 Reserve funds. -- (a) To assure the continued operation and solvency of the

10

authority guaranty loan program for the carrying out of its corporate purposes, the authority office

11

of the postsecondary commissioner shall may create and establish any reserve funds as may be

12

necessary or desirable for its corporate purposes, and may pay into the funds any money

13

appropriated and made available by the state, the commissioner, or any other source for the

14

purpose of the funds, and any money collected by the authority division as fees for the guaranty

15

of eligible loans.

16

     (b) To assure continued solvency of the authority’s, the authority operating fund shall be

17

used solely for the ordinary operating expenses of the authority. Furthermore, it is the intent of

18

the general assembly that these funds eventually be used to increase financial assistance to Rhode

19

Island students in the form of scholarships and grants and other financial aid related activities as

20

approved by the commissioner of postsecondary education and as directed by the U.S.

21

Department of Education, and in accordance with federal statutes and regulations governing the

22

use of funds in guaranty agency’s operating fund.

23

     (c) Given the decline of available sources to support the agency, the Governor's FY 2016

24

budget recommendations shall include a proposal for the transfer of higher education assistance

25

authority's programs to appropriate agencies within state government. All departments and

26

agencies of the state shall furnish such advice and information, documentary or otherwise to the

27

director of the department of administration and its agents as is deemed necessary or desirable to

28

facilitate the recommendation.

29

     16-57-12 Credit of state. -- Guaranties made under the provisions of this chapter shall

30

not constitute debts, liabilities, or obligations of the state or of any political subdivision of the

31

state other than the division of higher education assistance authority or a pledge of the faith and

32

credit of the state or any political subdivision other than the division of higher education

33

assistance authority, but shall be payable solely from the revenues or assets of the authority

34

reserve funds set forth and established by the division of higher education assistance.

 

LC002168 - Page 78 of 570

1

     SECTION 7. Sections 16-59-1, 16-59-4, and 16-59-6 of the General Laws in Chapter 16-

2

59 entitled “Board of Governors for Higher Education” are hereby amended to read as follows:

3

     16-59-1 Council on Postsecondary Education established. -- (a) There is created a

4

council on postsecondary education, sometimes referred to as the "council", which shall be and is

5

constituted a public corporation, empowered to sue and be sued in its own name, and to exercise

6

all the powers, in addition to those specifically enumerated in this chapter, usually appertaining to

7

public corporations entrusted with control of postsecondary educational institutions and

8

functions. Upon its organization the council shall be invested with the legal title (in trust for the

9

state) to all property, real and personal, now owned by and/or under the control or in custody of

10

the board of regents for education for the use of the University of Rhode Island, Rhode Island

11

College, Community College of Rhode Island and the system of community colleges of Rhode

12

Island including all departments, divisions, and branches of these.

13

     (b) The council is empowered to hold and operate the property in trust for the state; to

14

acquire, hold, and dispose of the property and other like property as deemed necessary for the

15

execution of its corporate purposes. The council is made successor to all powers, rights, duties,

16

and privileges formerly belonging to the board of regents for education pertaining to

17

postsecondary education and the board of governors for higher education.

18

     (c) The council shall be the employer of record for higher education and the office of

19

postsecondary education. It shall retain all authority formerly vested in the board of education

20

regarding the employment of faculty and staff at the public higher education institutions.

21

     (d) The council shall be the governing body for the Rhode Island division of higher

22

education assistance and shall retain all authority formerly vested in the higher education

23

assistance authority board of directors pursuant to § 16-57-7; however, any debts, liabilities, or

24

obligations of the council that result from its status as such governing body shall be payable

25

solely from the revenues or assets of reserve funds set forth and established by the prior Rhode

26

Island higher education assistance authority and/or the Rhode Island division of higher education

27

assistance created pursuant to Chapter 57 of this title, and not from any assets or property held by

28

the council for the system of public higher education pursuant to this chapter.

29

     16-59-4 Powers and duties of the council on postsecondary education. – (a) The

30

council on postsecondary education shall have, in addition to those enumerated in § 16-59-1, the

31

following powers and duties:

32

     (1) To approve a systematic program of information gathering, processing, and analysis

33

addressed to every level, aspect, and form of higher education in this state especially as that

34

information relates to current and future educational needs so that current needs may be met with

 

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1

reasonable promptness and plans formulated to meet future needs as they arise in the most

2

efficient and economical manner possible.

3

     (2) To develop and approve a strategic plan implementing broad goals and objectives for

4

higher education in the state as established by the board of education, including a comprehensive

5

capital development program.

6

     (3) To formulate broad policy to implement the goals and objectives established and

7

adopted by the board of education, to adopt standards and require enforcement and to exercise

8

general supervision over all higher public education in the state and over independent higher

9

education in the state as provided in subdivision (8) and (9) of this section. The board of

10

education and the council shall not engage in the operation or administration of any subordinate

11

committee, university, junior college, or community college, except its own office of

12

postsecondary education and except as specifically authorized by an act of the general assembly;

13

provided, the presidents of each institution of higher learning shall be the chief administrative and

14

executive officers of that institution; and provided that nothing contained in this section shall

15

prohibit their direct access to or interfere with the relationship between the presidents and the

16

board of education and the council.

17

     (4) To communicate with and seek the advice of the commissioner of postsecondary

18

education, the presidents of the public higher education institutions and all those concerned with

19

and affected by its determinations as a regular procedure in arriving at its conclusions and in

20

setting its policy.

21

     (5) To prepare and maintain a five (5) year funding plan for higher education that

22

implements the strategic financing recommendations of the board of education; to prepare with

23

the assistance of the commissioner of postsecondary education and to present annually to the state

24

budget officer in accordance with § 35-3-4 a state higher education budget, which shall include,

25

but not be limited to, the budget of the office of postsecondary education and the budget of the

26

state colleges. In the preparation of the budget, the council shall implement priorities established

27

by the board of education of expenditures for public higher education purposes of state revenues

28

and other public resources made available for the support of higher public education. Prior to

29

submitting the budget to the state budget officer as required by the budget office instructions and

30

this subsection, the council shall present the budget to the board of education for its review and

31

approval. Nothing contained in this subdivision shall authorize the council to alter the allocation

32

of grants or aid otherwise provided by law.

33

     (6) To maintain an office of postsecondary commissioner; to provide for its staffing and

34

organization; and to manage and oversee a commissioner of postsecondary education pursuant to

 

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1

duties and responsibilities defined in § 16-59-6 and § 16-59-7. The commissioner of

2

postsecondary education and the office of postsecondary commissioner shall have the duties and

3

responsibilities as defined in §§ 16-59-6 and 16-59-7.

4

     (7) To appoint and dismiss presidents of the public institutions of higher learning with the

5

assistance of the commissioner of postsecondary education, and to establish procedures for this,

6

and with the assistance of the commissioner to approve or disapprove vice presidents of the

7

public institutions of higher learning appointed by the respective presidents of the public

8

institutions of higher learning.

9

     (8) To establish other educational agencies or subcommittees necessary or desirable for

10

the conduct of any or all aspects of higher education and to determine all powers, functions, and

11

composition of any agencies or subcommittees and to dissolve them when their purpose shall

12

have been fulfilled.

13

     (9) To exercise the authority vested in the board of regents for education with relation to

14

independent higher educational institutions within the state under the terms of chapter 40 of this

15

title, and other laws affecting independent higher education in the state.

16

     (10) To enforce the provisions of all laws relating to higher education, public and

17

independent.

18

     (11) To be responsible for all the functions, powers, and duties which were vested in the

19

board of regents for education relating to higher education, including but not limited to the

20

following specific functions:

21

     (i) To approve the role and scope of programs at public institutions of higher learning

22

with the assistance of the commissioner of postsecondary education which shall include but not

23

be limited to populations to be served, the type and level of programs and academic fields

24

offered.

25

     (ii) To adopt and require standard accounting procedures for the office of postsecondary

26

commissioner and all public colleges and universities.

27

     (iii) To approve a clear and definitive mission for each public institution of higher

28

learning with the assistance of the commissioner of postsecondary education that is consistent

29

with the role and scope of programs at the public institutions.

30

     (iv) To promote maximum efficiency, economy, and cooperation in the delivery of public

31

higher educational services in the state and cooperation with independent institutions of higher

32

education.

33

     (12) To incorporate into its own affirmative action reporting process periodic reports

34

monitoring specific faculty and staff searches by the chairperson of the search committee to

 

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1

include the rationale for granting those interviews and the final hiring results. The institutions

2

must empower their affirmative action officer to monitor searches in this manner, to intervene

3

during the search, and, when necessary, to cause a search to cease if affirmative action goals are

4

not being adequately served.

5

     (13) To incorporate a specific category for accountability on affirmative action goals and

6

implementation as part of the board's annual evaluations and three (3) year reviews for the

7

presidents of each of the public institutions of higher education.

8

     (14) To make a formal request of the governor that whenever an opportunity arises to

9

make new appointments to the board, that the governor make every effort to increase the number

10

of African Americans, Native Americans, Asians, and Hispanics on the board.

11

     (15) To develop coherent plans for the elimination of unnecessary duplication in public

12

higher education and addressing the future needs of public education within the state in the most

13

efficient and economical manner possible.

14

     (16) To delegate to the presidents of each public higher education institution the authority

15

and responsibility for operational and management decisions related to their institutions,

16

consistent with the goals of the statewide strategic plan for postsecondary education provided

17

however that the presidents may be required to provide information or updates to the council

18

regarding any delegated operational or management decisions.

19

     (17) To serve as the governing body of the division of higher education assistance and

20

exercise all powers and duties of the division of higher education assistance as set forth under the

21

terms of Chapter 57 of this title; however, any debts, liabilities, or obligations of the council that

22

result from its status as such governing body shall be payable solely from the revenues or assets

23

of reserve funds set forth and established by the prior Rhode Island higher education assistance

24

authority and/or the Rhode Island division of higher education assistance created pursuant to

25

Chapter 57 of this title, and not from any assets or property held by the council for the system of

26

public higher education pursuant to this chapter.

27

     (18) To guarantee one hundred percent (100%) of the unpaid principal and accrued

28

interest of any eligible loan made by a lender to any eligible borrower prior to July 1, 2015 for the

29

purpose of assisting the students in obtaining an education in an eligible institution, subject,

30

however, to the limitation regarding any debts, liabilities, or obligations of the council set forth in

31

section (17) above, and in §16-57-12.

32

     (19) To prescribe rules and regulations deemed necessary or desirable to carry out the

33

purposes of serving as a guaranty agency for the loans set forth in § 16-59-4 (18), including

34

without limitation rules and regulations:

 

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1

     (i) To insure compliance by the division with the requirements imposed by statutes or

2

regulation governing the guaranty, insurance, purchase, or other dealing in eligible loans by

3

federal agencies, instrumentalities, or corporations,

4

     (ii) To set standards of eligibility for educational institutions, students, and lenders and to

5

define residency and all other terms as the division deems necessary to carry out the purposes of

6

this chapter, and

7

     (iii) To set standards for the administration of programs of postsecondary student

8

financial assistance assigned by law to the division, including but not limited to savings

9

programs. Administrative rules governing savings programs shall authorize the division, in

10

conjunction with commissioner of postsecondary education, to negotiate reciprocal agreements

11

with institutions in other states offering similar savings programs for the purpose of maximizing

12

educational benefits to residents, students and institutions in this state.

13

     (20) To establish penalties for violations of any order, rule, or regulation of the division,

14

and a method for enforcing these.

15

     (21) To set and collect fees and charges, in connection with its guaranties and servicing,

16

including without limitation reimbursement of costs of financing by the division, service charges,

17

and insurance premiums and fees and costs associated with implementing and administering

18

savings programs established pursuant to this chapter.

19

     16-59-6 Commissioner of postsecondary education. -- The council on postsecondary

20

education, with approval of the board, shall appoint a commissioner of postsecondary education,

21

who shall serve at the pleasure of the council, provided that his or her initial engagement by the

22

council shall be for a period of not more than three (3) years. For the purpose of appointing,

23

retaining, or dismissing a commissioner of postsecondary education, the governor shall serve as

24

an additional voting member of the council. The position of commissioner shall be in the

25

unclassified service of the state and he or she shall serve as the chief executive officer of the

26

council on postsecondary education, and as the chief administrative officer of the office of

27

postsecondary commissioner, and the executive director of the division of higher education

28

assistance. The commissioner of postsecondary education shall have any duties that are defined in

29

this section and in this title and other additional duties as may be determined by the council, and

30

shall perform any other duties as may be vested in him or her by law. In addition to these duties

31

and general supervision of the office of postsecondary commissioner and the appointment of the

32

several officers and employees of the office, it shall be the duty of the commissioner of

33

postsecondary education:

34

     (1) To develop and implement a systematic program of information gathering,

 

LC002168 - Page 83 of 570

1

processing, and analysis addressed to every aspect of higher education in the state, especially as

2

that information relates to current and future educational needs.

3

     (2) To prepare a strategic plan for higher education in the state aligned with the goals of

4

the board of education's strategic plan; to coordinate the goals and objectives of the higher public

5

education sector with the goals of the council on elementary and secondary education, and

6

activities of the independent higher education sector where feasible.

7

     (3) To communicate with and seek the advice of those concerned with and affected by the

8

board of education's and council's determinations.

9

     (4) To implement broad policy as it pertains to the goals and objectives established by the

10

board of education and council on postsecondary education; to promote better coordination

11

between higher public education in the state, independent higher education in the state as

12

provided in subdivision (10) of this section and pre k-12 education; to assist in the preparation of

13

the budget for public higher education and to be responsible upon direction of the council for the

14

allocation of appropriations, the acquisition, holding, disposition of property.

15

     (5) To be responsible for the coordination of the various higher educational functions of

16

the state so that maximum efficiency and economy can be achieved.

17

     (6) To assist the board of education in preparation and maintenance of a five (5) year

18

strategic funding plan for higher education; to assist the council in the preparation and

19

presentation annually to the state budget officer in accordance with § 35-3-4 of a total public

20

higher educational budget.

21

     (7) To recommend to the council on postsecondary education after consultation with the

22

presidents, a clear and definitive mission for each public institution of higher learning.

23

     (8) To annually recommend to the council on postsecondary education after consultation

24

with the presidents, the creation, abolition, retention, or consolidation of departments, divisions,

25

programs, and courses of study within the public colleges and universities to eliminate

26

unnecessary duplication in public higher education, to address the future needs of public higher

27

education in the state, and to advance proposals recommended by the presidents of the public

28

colleges and universities pursuant to §§ 16-32-2.1, 16-33-2.1 and 16-33.1-2.1 of the general laws.

29

     (9) To supervise the operations of the office of postsecondary commissioner, including

30

the division of higher education assistance, and any other additional duties and responsibilities

31

that may be assigned by the council.

32

     (10) To perform the duties vested in the council with relation to independent higher

33

educational institutions within the state under the terms of chapter 40 of this title and any other

34

laws that affect independent higher education in the state.

 

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1

     (11) To be responsible for the administration of policies, rules, and regulations of the

2

council on postsecondary education with relation to the entire field of higher education within the

3

state, not specifically granted to any other department, board, or agency and not incompatible

4

with law.

5

     (12) To prepare standard accounting procedures for public higher education and all public

6

colleges and universities.

7

     (13) To carry out the policies and directives of the board of education and the council on

8

postsecondary education through the office of postsecondary commissioner and through

9

utilization of the resources of the public institutions of higher learning.

10

     (14) To exercise all powers and duties of the division of higher education assistance as

11

set forth under the terms of Chapter 57 of this title.

12

     SECTION 8. Section 16-62-3 of the General Laws in Chapter 16-62 entitled “The Rhode

13

Island Student Loan Authority” is hereby amended to read as follows:

14

     16-62-3 Definitions. -- As used in this chapter, the following words and terms shall have

15

the following meanings unless the context shall indicate another or different meaning or intent:

16

     (1) "Authority" means the governmental agency and public instrumentality authorized,

17

created, and established pursuant to § 16-62-4.

18

     (2) "Bonds" and "notes" means the bonds, notes, securities, or other obligations or

19

evidences of indebtedness issued by the authority pursuant to this chapter, all of which shall be

20

issued under the name of or known as obligations of the Rhode Island student loan authority.

21

     (3) "Education loan" means a loan to a student or the parent, legal guardian, or sponsor of

22

the student, or to an eligible institution, for the purpose of financing a student's attendance at the

23

eligible institution. The loan may provide that the student, parent, legal guardian, or sponsor of

24

the student or eligible institution may be held jointly and severally liable for the education loan.

25

     (4) "Eligible institution" means, subject to further particular or more restrictive definition

26

by regulation of the authority: (i) an institution of higher learning, (ii) a vocational school, or (iii)

27

with respect to students who are nationals of the United States, an institution outside the United

28

States which is comparable to an institution of higher education or to a vocational school and

29

which has been approved by the authority and by the secretary for purposes of the guaranteed

30

student loan program.

31

     (5) "Eligible loan" means a loan to a student or to the parent of a student insured or

32

guaranteed by the secretary, Rhode Island division of higher education assistance authority, or by

33

any other governmental or private agency, corporation, or organization having a reinsurance or

34

guaranty agreement with the secretary applicable to that loan.

 

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1

     (6) "Guaranteed student loan program" means the program of federal student loan

2

insurance and reinsurance administered by the secretary.

3

     (7) "Lender" means, subject to further particular or more restrictive definition by

4

regulation of the authority, any governmental or private agency, corporation, organization, or

5

institution (including educational institutions and the authority itself) designated as an "eligible

6

lender" by federal statute, regulation, or administrative ruling for the purposes of the guaranteed

7

student loan program.

8

     (8) "Secretary" means the United States secretary of education or the secretary of health

9

and human services.

10

     (9) "State" means the state of Rhode Island and Providence Plantations.

11

     (10) "Student" means an individual who under rules promulgated by the authority meets

12

the enrollment and satisfactory progress requirement necessary for making an eligible student

13

loan or an education loan, as applicable. This designation shall include dependent and

14

independent undergraduate students, and graduate and professional students. 25-2-18.1

15

     SECTION 9. Section 16-63-7 of the General Laws in Chapter 16-63 entitled “Adult

16

Education” is hereby amended to read as follows:

17

     16-63-7 Functions of office. -- The functions of the office may include, but may not

18

necessarily be limited to, the following:

19

     (1) The development of recommendations to the commissioner and the implementation of

20

any approved recommendations, including:

21

     (i) The utilization of federal and state funds for any purpose prescribed or allowed by the

22

laws and/or regulations authorizing and/or appropriating those funds;

23

     (ii) The sub-granting of those federal and state funds to selected deliverers of programs

24

and services, including those contemplated in subdivisions (2) and (3);

25

     (iii) The operation and networking of statewide adult level guidance services;

26

     (iv) The operation of a high school equivalency or general educational development,

27

testing, and certification program;

28

     (v) Administration of the provisions for the approval and regulation of private career,

29

trade, and technical schools, pursuant to chapter 40 of this title, and of any other nonpublic

30

entities, whether non-business or proprietary, which provide or purport to provide adult education

31

programs and services to residents of the state;

32

     (vi) Professional development of administrators, teachers, counselors, paraprofessionals,

33

and other personnel employed or engaged in delivering adult education programs and services

34

within the state; and

 

LC002168 - Page 86 of 570

1

     (vii) Continuous research and planning in adult education, including assistance to the

2

commission in conducting the comprehensive study of adult education prescribed in § 16-58-6,

3

needs assessments in conjunction with local planning and assessment processes, and the

4

development and utilization of relevant data.

5

     (2) Coordination with programs and services administered and/or operated by other

6

agencies and institutions, including:

7

     (i) All programs in categories 1, 2, 3, and 5 as defined by this chapter;

8

     (ii) Outreach, recruitment, and intake for program components throughout the delivery

9

system defined in this chapter;

10

     (iii) Dissemination of information on financial aid for adult learners, including loans,

11

grants, scholarships, and other forms of financial aid, in cooperation with the Rhode Island

12

division of higher education assistance authority, pursuant to chapters 56 and 57 of this title;

13

     (iv) Psychological testing in relation to education and training, basic skills diagnostic and

14

evaluation services, and multi-phasic vocational testing;

15

     (v) Competency based adult high school diploma assessment and certification, as

16

conducted by local education agencies in accordance with this chapter; and

17

     (vi) The college level examination program and other mechanisms for establishing and

18

recording postsecondary achievement and competencies in terms of academic credit.

19

     (3) General advocacy and communicative relationships with other agencies, institutions,

20

and organizations engaged in or interested in adult education or related activities in the state,

21

including:

22

     (i) Programs and services for adult learners in public and private colleges, schools, and

23

other settings, at elementary, secondary, and postsecondary levels;

24

     (ii) Adult education programs and services, in any of the categories defined in this

25

chapter, conducted in libraries and other community based settings;

26

     (iii) Pre-service, in-service, and upgrading education and training programs, generally in

27

category 2 as defined by this chapter, conducted in employment settings;

28

     (iv) Activities, generally in category 2 as defined by this chapter, conducted in the state

29

pursuant to the Job Training Partnership Act, 29 U.S.C. § 1501 et seq., and any amendments to it,

30

extensions of it, or successor legislation;

31

     (v) All activities in categories 4 and 6, as defined by this chapter;

32

     (vi) Programs and services, generally in categories 1, 2, 3, 5, and 7, as defined by this

33

chapter, conducted in custodial, correctional, and curative institutions in the state;

34

     (vii) Programs and services for adults with special needs, such as people with disabilities,

 

LC002168 - Page 87 of 570

1

immigrants and refugees, women and displaced homemakers, senior citizens, persons of

2

multilingual or multicultural backgrounds, and persons being discharged from the care of

3

institutions referenced in subdivision (3)(vi);

4

     (viii) Programs of family and homelife education and parent effectiveness training;

5

     (ix) Educational and public service programming on radio and television, including that

6

transmitted electronically and through cable systems; and

7

     (x) Automobile and motorcycle driver safety education; and

8

     (4) Staff support services for the commission.

9

     SECTION 10. Section 22-13-9 of the General Laws in Chapter 22-13 entitled “Auditor

10

General” is hereby amended to read as follows:

11

     22-13-9 Access to executive sessions of a public agency -- Access to records --

12

Disclosure by the auditor general. -- (a) Whenever a public agency goes into executive session,

13

the auditor general or his or her designated representative shall be permitted to attend the

14

executive session or if the auditor general or his or her designee is not in attendance at the

15

executive session, the auditor general or his or her designee, upon written request, shall be

16

furnished with copies of all data or materials furnished to the members of the public agency at the

17

executive session. If the auditor general or his or her designee attends the executive session, the

18

auditor general shall be furnished the same data in the same form and at the same time as

19

members of the public agency.

20

     (b) Within three (3) working days of a written request by the auditor general, the public

21

agency shall furnish a copy, whether approved by the agency or not, of the minutes of any

22

meeting, including any executive session of the public agency.

23

     (c) The auditor general shall have full and unlimited access to any and all records of any

24

public agency, in whatever form or mode the records may be, unless the auditor general's access

25

to the records is specifically prohibited or limited by federal or state law. In no case shall any

26

confidentiality provisions of state law be construed to restrict the auditor general's access to the

27

records; provided, the auditor general's access to any confidential data shall not in any way

28

change the confidential nature of the data obtained. Where an audit or investigative finding

29

emanates from confidential data, specific confidential information will not be made public. The

30

records shall include those in the immediate possession of a public agency as well as records

31

which the agency itself has a right to. In the event of a dispute between the agency involved and

32

the auditor general as to whether or not the data involved are confidential by law, the matter will

33

be referred to the attorney general for resolution.

34

     (d)(1) If in the course of an executive session any fact comes to the attention of the

 

LC002168 - Page 88 of 570

1

auditor general or his or her designated representative, which in his or her judgment constitutes an

2

impropriety, irregularity, or illegal transaction, or points to the onset of an impropriety or illegal

3

transaction, then the auditor general shall disclose that information to the joint committee on

4

legislative services, the director of administration, and the chairperson of the public agency

5

involved. Where the facts or the data upon which the facts are based are deemed confidential

6

pursuant to the provisions of federal or state law, the auditor general's access to the information

7

shall not in any way change the confidential nature of the data obtained.

8

     (2) In the event of a dispute between the agency involved and the auditor general as to

9

whether or not the data involved are confidential by law, the matter will be referred to the

10

attorney general for resolution.

11

     (e) The auditor general or his or her designated representative shall be immune from any

12

liability to any party for claims arising out of disclosure authorized by this section.

13

     (f) For the purposes of this section, the phrase "public agency" shall include the

14

following: the Rhode Island industrial building authority, the Rhode Island recreational building

15

authority, the Rhode Island economic development corporation, the Rhode Island industrial

16

facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and

17

mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island

18

public transit authority, the Rhode Island student loan authority, the water resources board, the

19

Rhode Island health and educational building corporation, the Rhode Island higher education

20

assistance, the Rhode Island turnpike and bridge authority, the Narragansett Bay commission, the

21

convention center authority, their successors and assigns, and any other body corporate and

22

politic which has been or which is subsequently created or established within this state.

23

     SECTION 11. Sections 23-14.1-2, 23-14.1-3, 23-14.1-4, 23-14.1-5, 23-14.1-6, 23-14.1-8

24

and 23-14.1-9 of the General Laws in Chapter 23-14.1 entitled “Health Professional Loan

25

Repayment Program” are hereby amended to read as follows:

26

     23-14.1-2 Definitions. -- For the purpose of this chapter, the following words and terms

27

have the following meanings unless the context clearly requires otherwise:

28

     (1) "Authority" means the higher education assistance authority.

29

     (2)(1) "Board" means the health professional loan repayment board.

30

     (2) “Commissioner” means the commissioner of postsecondary education.

31

     (3) "Community health center" means a health care facility as defined and licensed under

32

chapter 17 of this title.

33

     (4) "Director" means the director of the higher education assistance authority. “Division”

34

means the Rhode Island division of higher education assistance.

 

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1

     (5) "Eligible health professional" means a physician, dentist, dental hygienist, nurse

2

practitioner, certified nurse midwife, physician assistant, or any other eligible health care

3

professional under § 338A of the Public Health Service Act, 42 U.S.C. § 254l, licensed in the

4

state who has entered into a contract with the board to serve medically underserved populations.

5

     (6) "Loan repayment" means an amount of money to be repaid to satisfy loan obligations

6

incurred to obtain a degree or certification in an eligible health profession as defined in

7

subdivision (5).

8

     23-14.1-3 Health professional loan repayment program established. -- There is

9

established within the division higher education assistance authority, to be administered by the

10

commissioner director, the health professional loan repayment program whose purpose shall be to

11

provide loan repayment to eligible health professionals to defray the cost of their professional

12

education.

13

     23-14.1-4 Health professional loan repayment board. -- (a) There is created the health

14

professional loan repayment board, which shall consist of the director of the department of health

15

and eight (8) members appointed by the governor with the advice and consent of the senate. The

16

governor shall give due consideration to any recommendations for nominations submitted to him

17

or her by the Rhode Island Medical Society; the Rhode Island Dental Association; the Rhode

18

Island Health Center Association; the dean of the Brown University Medical School; the dean of

19

the College of Nursing at the University of Rhode Island; the Rhode Island State Nurses'

20

Association; the Hospital Association of Rhode Island; the Rhode Island division of higher

21

education assistance authority. All appointed members shall serve for terms of three (3) years and

22

shall receive no compensation for their services. Board members shall be eligible to succeed

23

themselves.

24

     (b) The director of the department of health shall serve as chairperson. The board shall

25

elect such other officers as it deems necessary from among its members. All meetings shall be

26

called by the chairperson.

27

     (c) 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

     23-14.1-5 Duties of the board. -- The board shall:

31

     (1) Determine which areas of the state shall be eligible to participate in the loan

32

repayment program each year, based on health professional shortage area designations.

33

     (2) Receive and consider all applications for loan repayment made by eligible health

34

professionals.

 

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1

     (3) Conduct a careful and full investigation of the ability, character, financial needs, and

2

qualifications of each applicant.

3

     (4) Consider the intent of the applicant to practice in a health professional shortage area

4

and to adhere to all the requirements for participation in the loan repayment program.

5

     (5) Submit to the commissioner director a list of those individuals eligible for loan

6

repayment and amount of loan repayment to be granted.

7

     (6) Promulgate rules and regulations to ensure an effective implementation and

8

administration of the program.

9

     (7) Within ninety (90) days after the end of each fiscal year, the board shall approve and

10

submit an annual report to the governor, the speaker of the house of representatives, the president

11

of the senate, and the secretary of state, of its activities during that fiscal year. The report shall

12

provide: an operating statement summarizing meetings or hearings held, including meeting

13

minutes, subjects addressed, decisions rendered, applications considered and their disposition,

14

rules or regulations promulgated, studies conducted, polices and plans developed, approved, or

15

modified, and programs administered or initiated; a consolidated financial statement of all funds

16

received and expended including the source of the funds, a listing of any staff supported by these

17

funds, and a summary of any clerical, administrative or technical support received; a summary of

18

performance during the previous fiscal year including accomplishments, shortcomings and

19

remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the

20

committee; a summary of any training courses held pursuant to this chapter; a briefing on

21

anticipated activities in the upcoming fiscal year, and findings and recommendations for

22

improvements. The report shall be posted electronically on the websites of the general assembly

23

and the secretary of state pursuant to the provisions of § 42-20-8.2. The director of the department

24

of administration shall be responsible for the enforcement of the provisions of this subsection.

25

     (8) Conduct a training course for newly appointed and qualified members within six (6)

26

months of their qualification or designation. The course shall be developed by the chair of the

27

board, be approved by the board, and be conducted by the chair of the board. The board may

28

approve the use of any board and/or staff members and/or individuals to assist with training. The

29

training course shall include instruction in the following areas: the provisions of chapters 42-46,

30

36-14 and 38-2; and the board's rules and regulations. The director of the department of

31

administration shall, within ninety (90) days of June 16, 2006, prepare and disseminate training

32

materials relating to the provisions of chapters 42-46, 36-14, and 38-2.

33

     23-14.1-6 Duties of the director Duties of the Commissioner. -- The director

34

commissioner shall:

 

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1

     (1) Grant loan repayments to successful applicants as determined by the board.

2

     (2) Enter into contracts, on behalf of the division higher education assistance authority

3

with each successful applicant, reflecting the purpose and intent of this chapter.

4

     23-14.1-8 Contracts required. -- Prior to being granted loan repayment each eligible

5

health professional shall enter into a contract with the authority division agreeing to the terms and

6

conditions upon which the loan repayment is granted. The contract shall include any provisions

7

that are required to fulfill the purposes of this chapter and those deemed advisable by the director

8

commissioner.

9

     23-14.1-9 Penalty for failure to complete contract. -- (a) If the recipient of a loan

10

repayment fails, without justifiable cause, to practice pursuant to the terms and conditions of his

11

or her contract with the authority division, a penalty for the failure to complete the contract will

12

be imposed. If the recipient fails to complete the period of obligated service, he or she shall be

13

liable to the state of Rhode Island for:

14

     (1) An amount equal to the total paid on behalf of the recipient; and

15

     (2) An unserved obligation penalty equal to the number of months of obligated service

16

not completed by the recipient multiplied by one thousand dollars ($1,000).

17

     (b) If the recipient fails to complete one year of service, he or she shall be liable to the

18

state of Rhode Island for:

19

     (1) An amount equal to the total paid on behalf of the recipient; and

20

     (2) An unserved obligation penalty equal to the number of months in the full period

21

multiplied by one thousand dollars ($1,000).

22

     (c) Any amount owed shall be paid to the State of Rhode Island within one year of the

23

date that the recipient is in breach of contract.

24

     (d) Where the director commissioner, subject to the approval of the board, determines

25

that there exists justifiable cause for the failure of a recipient to practice pursuant to the terms and

26

conditions of the contract, he or she may relieve the recipient of the obligation to fulfill any or all

27

of the terms of the contract.

28

     SECTION 12. Section 25-2-18.1 of the General Laws in Chapter 25-2 entitled “Days of

29

Special Observance” is hereby amended to read as follows:

30

     25-2-18.1 Martin Luther King, Jr. State Holiday Commission. -- (a) There is created a

31

permanent commission to be known as the Martin Luther King, Jr. State Holiday Commission to

32

consist of thirteen (13) members, three (3) of whom shall be from the house of representatives,

33

not more than two (2) from the same political party, to be appointed by the speaker; three (3) of

34

whom shall be from the senate, not more than two (2) from the same political party to be

 

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1

appointed by the president of the senate; three (3) of whom shall be representatives of the general

2

public, to be appointed by the speaker; two (2) of whom shall be representatives of the general

3

public to be appointed by the president of the senate; one of whom shall be a representative of the

4

governor's office, to be appointed by the governor; and one of whom shall be the lieutenant

5

governor, all of the foregoing to be known as commission members. The commission shall

6

appoint not more than sixteen (16) representatives from organizations and groups generally

7

identified with and thought to epitomize the ideals of Dr. Martin Luther King, Jr., all of whom

8

shall be known as non-voting affiliate members, to serve for two (2) year terms.

9

     (b) The purpose of the commission shall be to plan, supervise and administer, in

10

conjunction with the federal Martin Luther King Day Commission and the Martin Luther King

11

Center for Non-Violent Social Change, an appropriate celebration to commemorate the birthday

12

of Dr. Martin Luther King, Jr., and the annual observance of Dr. Martin Luther King Day, which

13

will be observed on the third Monday in January each year. The commission shall not limit its

14

activities to the annual celebration, but shall endeavor to promote educational efforts throughout

15

the year, as well as to promote seminar events during the annual celebration that will be of

16

informative value to all segments of the Rhode Island community.

17

     (c) The members of the commission shall, in February of each odd-numbered year, elect

18

from among themselves a chairperson, who shall be a legislator, and a vice-chairperson, who

19

shall not be a government official or employee. Vacancies in the commission shall be filled in

20

like manner as the original appointment.

21

     (d) The commission is empowered to appoint committees to study specialized areas of

22

concern and to report their findings and recommendations to the commission; provided, however,

23

that one of these committees shall be an education committee.

24

     (e) The commission is empowered to establish a Martin Luther King Scholarship Fund

25

and to award scholarships from the fund. Decisions concerning scholarship awards shall be made

26

by the education committee of the commission in conjunction with the division of higher

27

education assistance authority.

28

     (f) The commission is empowered to apply for and receive grants, appropriations, or gifts

29

from any federal, state, or local agency, from any public or private foundation, and from any

30

person, firm, or corporation in order to carry out the purposes of this chapter. The allocation of

31

any funds received shall be decided by a majority vote of voting members in attendance at a

32

meeting duly convened for the conduct of business by the commission.

33

     (g) Seven (7) members of the commission shall constitute a quorum.

34

     (h) The commission shall meet at least four (4) times per year.

 

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1

     (i) The commission shall adopt policies concerning the responsibilities of its voting

2

members and non-voting affiliate members, including attendance at commission meetings.

3

      (j) All departments and agencies of the state shall furnish advice and information,

4

documentary and otherwise, to the commission and its agents as may be necessary or desirable to

5

facilitate the purposes of this chapter.

6

     (k) The speaker is authorized and directed to provide suitable quarters for the

7

commission.

8

      (l) The commission shall file a report with the general assembly outlining its plans for

9

the celebration on or before December 15th each year prior to the celebration.

10

     SECTION 13. Section 30-30-2 of the General Laws in Chapter 30-30 entitled “Military

11

Affairs and Defense” is hereby amended to read as follows:

12

     30-30-2 Administration. -- The division of higher education assistance authority shall be

13

designated as the administering authority for this chapter and shall, no later than August 30, 1987,

14

establish rules, regulations, procedures, and safeguards for the implementation of this chapter.

15

The regulations and procedures shall include but not be limited to the establishment of income

16

guidelines and academic performance criteria. No funds shall be awarded under this chapter until

17

these regulatory and administrative measures are established.

18

     SECTION 14. Sections 35-10-1 and 35-10-4 of the General Laws in Chapter 35-10

19

entitled “State Investment Commission” are hereby amended to read as follows:

20

     35-10-1 Establishment – Membership – Officers – Quorum – Investment votes –

21

Fund managers. -- (a) There is hereby authorized, created and established in the office of the

22

general treasurer a state investment commission, the membership of which shall consist of the

23

general treasurer, ex officio, or a deputy general treasurer as his or her designee, who shall act as

24

chairperson, the director of administration, ex officio, or any assistant director of administration

25

as his or her designee, who shall act as secretary, director of the higher education assistance

26

authority, or his or her designee to be appointed by the general treasurer, an active or retired

27

teacher, state, or municipal employee member of the retirement system or official from the

28

teacher, state, or municipal employee unions to be appointed by the general treasurer for a term of

29

three (3) years, the executive director of the state retirement board, who shall be a nonvoting

30

member, two (2) three (3) members of the general public to be appointed by the general treasurer,

31

one of whom shall serve for an initial term of one year, and one of whom shall serve for an initial

32

term of two (2) years and until his or her successor is appointed and qualified and three (3)

33

members of the general public to be appointed by the governor, one of whom shall serve for an

34

initial term of three (3) years, one of whom shall serve for an initial term of two (2) years, and

 

LC002168 - Page 94 of 570

1

one of whom shall serve for an initial term of one year and until his or her successor is appointed

2

and qualified. Thereafter, the general public members shall serve for three (3) year terms and

3

until his or her successor is appointed and qualified. The members of the general public appointed

4

by the governor and the general treasurer shall be qualified by training or experience in the field

5

of investment or finance.

6

     The commission may elect from among its own members such other officers as they

7

deem necessary. All general treasurer and gubernatorial appointments made under this section

8

after the effective date of this act [July 4, 2006] shall be subject to the advice and consent of the

9

senate. No one shall be eligible for appointment unless he or she is a resident of this state.

10

     Public members of the board shall be removable by the chair for cause only, and removal

11

solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be

12

unlawful.

13

     Newly appointed and qualified public members shall, within six (6) months of their

14

appointment, attend a training course that shall be developed and provided by the office of the

15

general treasurer and shall include instruction in the following areas: the provisions of chapters

16

35-10, 42-46, 36-14 and 38-2 of the Rhode Island general laws; and the board's rules and

17

regulations. The director of the department of administration shall, within ninety (90) days of the

18

effective date of this act [July 4, 2006], prepare and disseminate training materials relating to the

19

provisions of chapters 42-46, 36-14 and 38-2.

20

     Any member of the general public who was appointed by the governor or general

21

treasurer prior to the effective date of this act [July 4, 2006] shall continue to serve until such

22

time as a successor is appointed and qualified.

23

     (b) A member shall be eligible to succeed himself or herself. In the event of a vacancy in

24

the office of an appointive member, the vacancy shall be filled by the appointing authority for the

25

unexpired term.

26

     (c) A majority of all the members of the commission shall be necessary to constitute a

27

quorum thereof. The approval of a majority of the commission shall be required prior to the

28

purchase or sale of any investment, excepting those investments made by investment managers

29

engaged by the commission and invested in accordance with the commission's statement of

30

investment objectives and policies, day to day cash investments by the general treasurer, and,

31

because of the importance of speedy action, investments in obligations of the United States

32

government or certificates of deposit maturing within one year. These investments may be made

33

within the framework of a policy established by the commission without prior approval of each

34

transaction. The commission shall be empowered to engage one or more fund managers and to

 

LC002168 - Page 95 of 570

1

delegate to the manager or managers the authority to carry out the investment of the funds within

2

the commission's control, or any portion thereof, in accordance with the objectives of the

3

commission as set forth in its statement of investment objectives and policies.

4

     (d) The day-to-day administration of the commission, including the voting of proxies and

5

the execution of investment acquisitions and dispositions of the commission's assets, shall be

6

carried out by the office of the general treasurer; provided, that the costs and expenses incurred in

7

the management of the funds within the commission's control shall remain the obligation of those

8

funds and not that of the general treasurer.

9

     (e) Within ninety (90) days after the end of each fiscal year during which the board has

10

conducted business, the commission shall submit an annual report to the governor, the speaker of

11

the house of representatives, the president of the senate, and the secretary of state of its activities

12

during that fiscal year. The report shall provide: an operating statement summarizing meetings or

13

hearings held, meeting minutes if requested, subjects addressed, decisions rendered, rules or

14

regulations promulgated, studies conducted, policies and plans developed, approved, or modified,

15

and programs administered or initiated; a consolidated financial statement of all the funds

16

received and expended including the source of funds, a listing of any staff supported by these

17

funds, and a summary of any clerical, administrative or technical support received; a summary of

18

performance during the previous fiscal year including accomplishments, shortcomings and

19

remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the

20

authority of the board; a summary of any training courses held pursuant to § 35-10-1; a briefing

21

on anticipated activities in the upcoming fiscal year; and findings and recommendations for

22

improvements. The report shall be posted electronically on the general assembly and the secretary

23

of state's website as prescribed in § 42-20-8.2 of the Rhode Island general laws. The director of

24

the department of administration shall be responsible for the enforcement of this provision.

25

     35-10-4 Funds not subject to investment. -- The commission shall not invest money in

26

funds which are subject to the control of the board of governors for higher education; provided,

27

however, that the commission shall not be prohibited from investing moneys in the college

28

savings program created by § 16-57-6.1 and administered by the Rhode Island Higher Education

29

Assistance Authority in conjunction with the executive director of the Rhode Island Student Loan

30

Authority and the commissioner of higher education.

31

     SECTION 15. Section 37-2-7 of the General Laws in Chapter 37-2 entitled “State

32

Purchases” is hereby amended to read as follows:

33

     37-2-7 Definitions. -- The words defined in this section have the meanings set forth

34

below whenever they appear in this chapter, unless the context in which they are used clearly

 

LC002168 - Page 96 of 570

1

requires a different meaning or a different definition is prescribed for a particular section, group

2

of sections, or provision:

3

     (1) "Business" means any corporation, partnership, individual, sole proprietorship, joint

4

stock company, joint venture, or any other legal entity through which business is conducted.

5

     (2) "Change order" means a written authorization signed by the purchasing agent

6

directing or allowing the contractor to proceed with changes, alterations, or modifications to the

7

terms, conditions, or scope of work on a previously awarded contract

8

     (3) "Chief purchasing officer" shall mean: (i) for a state agency, the director of the

9

department of administration, and (ii) for a public agency, the executive director or the chief

10

operational officer of the agency.

11

     (4) "Construction" means the process of building, altering, repairing, improving, or

12

demolishing any public structures or building, or other public improvements of any kind to any

13

public real property. It does not include the routine maintenance or repair of existing structures,

14

buildings, or real property performed by salaried employees of the state of Rhode Island in the

15

usual course of their jobs.

16

     (5) "Contract" means all types of agreements, including grants and orders, for the

17

purchase or disposal of supplies, services, construction, or any other item. It includes awards;

18

contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for

19

the issuance of job or task orders; leases; letter contracts; purchase orders; and construction

20

management contracts. It also includes supplemental agreements with respect to any of the

21

foregoing. "Contract" does not include labor contracts with employees of state agencies.

22

     (6) "Contract amendment" means any written alteration in the specifications, delivery

23

point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing

24

contract, whether accomplished by unilateral action in accordance with a contract provision, or by

25

mutual action of the parties to the contract. It includes bilateral actions, such as supplemental

26

agreements, and unilateral actions, such as change orders, administrative changes, notices of

27

termination, and notices of the exercise of a contract option.

28

     (7) "Contractor" means any person having a contract with a governmental body.

29

     (8) "Data" means recorded information, regardless of form or characteristic.

30

     (9) "Designee" means a duly authorized representative of a person holding a superior

31

position.

32

     (10) "Employee" means an individual drawing a salary from a state governmental entity.

33

     (11) "State governmental entity" means any entity created as a legislative body or a

34

public or state agency by the general assembly or constitution of this state, except for municipal,

 

LC002168 - Page 97 of 570

1

regional, or county governmental entities.

2

     (12) "May" means permissive.

3

     (13) "Negotiation" means contracting by either the method set forth in § 37-2-19, 37-2-

4

20, or 37-2-21.

5

     (14) "Person" means any business, individual, organization, or group of individuals.

6

     (15) "Procurement" means the purchasing, buying, renting, leasing, or otherwise

7

obtaining of any supplies, services, or construction. It also includes all functions that pertain to

8

the obtaining of any supply, service, or construction item, including a description of

9

requirements, selection and solicitation of sources, preparation, and award of contract, and all

10

phases of contract administration.

11

     (16) "Public agency" shall mean the Rhode Island industrial recreational building

12

authority, the Rhode Island economic development corporation, the Rhode Island industrial

13

facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and

14

mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island

15

public transit authority, the Rhode Island student loan authority, the Howard development

16

corporation, the water resources board corporate, the Rhode Island health and education building

17

corporation, the Rhode Island higher education assistance authority, the Rhode Island turnpike

18

and bridge authority, the Blackstone Valley district commission, the Narragansett Bay water

19

quality management district commission, the Rhode Island telecommunications authority, the

20

convention center authority, the Channel 36 foundation, the Rhode Island lottery commission

21

their successors and assigns, any other body corporate and politic which has been or will be

22

created or established within this state excepting cities and towns, and the board of governors for

23

higher education for all purchases which are funded by restricted, sponsored, or auxiliary monies.

24

     (17) "Purchase request" or "purchase requisition" means that document whereby a using

25

agency requests that a contract be entered into to obtain goods and/or services for a specified

26

need, and may include, but is not limited to, the technical description of the requested item,

27

delivery requirements, transportation mode request, criteria for evaluation of proposals, and/or

28

preparation of suggested sources of supply, and information supplied for the making of any

29

written determination and finding required by § 37-2-6.

30

     (18) "Purchasing agency" means any state governmental entity which is authorized by

31

this chapter, its implementing regulations, or by way of delegation from the chief purchasing

32

officer to contract on its own behalf rather than through the central contracting authority of the

33

chief purchasing officer.

34

     (19) "Purchasing agent" means any person authorized by a governmental entity in

 

LC002168 - Page 98 of 570

1

accordance with procedures prescribed by regulations, to enter into and administer contracts and

2

make written determinations and findings with respect to contracts. The term also includes an

3

authorized representative acting within the limits of authority. "Purchasing agent" also means the

4

person appointed in accordance with § 37-2-1.

5

     (20) "Services" means the rendering, by a contractor, of its time and effort rather than the

6

furnishing of a specific end product, other than reports which are merely incidental to the required

7

performance of services. "Services" does not include labor contracts with employees of state

8

agencies.

9

     (21) "Shall" means imperative.

10

     (22) "State" means the state of Rhode Island and any of its departments or agencies and

11

public agencies.

12

     (23) "Supplemental agreement" means any contract modification which is accomplished

13

by the mutual action of the parties.

14

     (24) "Supplies" means all property, including, but not limited to, leases of real property,

15

printing, and insurance, except land or permanent interest in land.

16

     (25) "Using agency" means any state governmental entity which utilizes any supplies,

17

services, or construction purchased under this chapter.

18

     (26) As used in § 37-2-59, "architect" or "engineer" services means those professional

19

services within the scope of practice of architecture, professional engineering, or registered land

20

surveying pertaining to construction, as defined by the laws of this state. "Consultant" means any

21

person with whom the state and/or a public agency has a contract which contract provides for the

22

person to give direction or information as regards a particular area of knowledge in which the

23

person is a specialist and/or has expertise.

24

     (27) For purposes of §§ 37-2-62 – 37-2-70, "directors" means those members of a public

25

agency appointed pursuant to a statute who comprise the governing authority of the board,

26

commission, authority, and/or corporation.

27

     (28) "State agency" means any department, commission, council, board, bureau,

28

committee, institution, or other governmental entity of the executive or judicial branch of this

29

state not otherwise established as a body corporate and politic, and includes, without limitation,

30

the board of governors for higher education except for purchases which are funded by restricted,

31

sponsored, or auxiliary moneys and the board of regents for elementary and secondary education.

32

     (29) "Governmental entity" means any department, commission, council, board, bureau,

33

committee, institution, legislative body, agency, or government corporation of the executive,

34

legislative, or judicial branches of state, federal, and/or local governments.

 

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1

     (30) "Construction management at-risk" or "construction management at-risk services" or

2

"construction management at-risk delivery method" is a construction method wherein a

3

construction manager at-risk provides a range of preconstruction services and construction

4

management services which may include cost estimation and consultation regarding the design of

5

the building project, the preparation and coordination of bid packages, scheduling, cost control,

6

and value engineering, acting as the general contractor during the construction, detailing the trade

7

contractor scope of work, holding the trade contracts and other contracts, evaluating trade

8

contractors and subcontractors, and providing management and construction services, all at a

9

guaranteed maximum price, which shall represent the maximum amount to be paid by the using

10

agency for the building project, including the cost of work, the general conditions and the fee

11

payable to the construction management at-risk firm.

12

     (31) "Construction manager at-risk" or "construction management at-risk firm" is a

13

person or business experienced in construction that has the ability to evaluate and to implement

14

drawings and specifications as they affect time, cost and quality of construction and the ability to

15

coordinate and deliver the construction of the project within a guaranteed maximum price, which

16

shall represent the maximum amount to be paid by the using agency for the building project,

17

including the cost of the work, the general conditions and the fee payable to the construction

18

management at-risk firm. The construction manager at-risk provides consultation services during

19

the preconstruction and construction phases of the project. The project engineer, architect or

20

owner's program manager may not serve as the construction manager at-risk.

21

     (32) "Owner's program manager" shall be an entity engaged to provide project

22

management services on behalf of a state agency for the construction and supervision of the

23

construction of a building project. The owner's program manager acts as the owner's agent in all

24

aspects of the construction project, including, but not limited to, architectural programming,

25

planning, design, construction, and the selection and procurement of an appropriate construction

26

delivery method. The owner's program manager shall have at least seven (7) years experience in

27

the construction and supervision of construction of buildings of similar size and complexity. The

28

owner's program manager shall not have been employed during the preceding year by the design

29

firm, the construction firm, and/or the subcontractors associated with the project.

30

     SECTION 16. Section 37-13-7 of the General Laws in Chapter 37-13 entitled “Labor

31

and Payment of Debts by Contractors” is hereby amended to read as follows:

32

     37-13-7 Specification in contract of amount and frequency of payment of wages. --

33

(a) Every call for bids for every contract in excess of one thousand dollars ($1,000), to which the

34

state of Rhode Island or any political subdivision thereof or any public agency or quasi-public

 

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1

agency is a party, for construction, alteration, and/or repair, including painting and decorating, of

2

public buildings or public works of the state of Rhode Island or any political subdivision thereof,

3

or any public agency or quasi-public agency and which requires or involves the employment of

4

employees, shall contain a provision stating the minimum wages to be paid various types of

5

employees which shall be based upon the wages that will be determined by the director of labor

6

and training to be prevailing for the corresponding types of employees employed on projects of a

7

character similar to the contract work in the city, town, village, or other appropriate political

8

subdivision of the state of Rhode Island in which the work is to be performed. Every contract

9

shall contain a stipulation that the contractor or his or her subcontractor shall pay all the

10

employees employed directly upon the site of the work, unconditionally and not less often than

11

once a week, and without subsequent deduction or rebate on any account, the full amounts

12

accrued at time of payment computed at wage rates not less than those stated in the call for bids,

13

regardless of any contractual relationships which may be alleged to exist between the contractor

14

or subcontractor and the employees, and that the scale of wages to be paid shall be posted by the

15

contractor in a prominent and easily accessible place at the site of the work; and the further

16

stipulation that there may be withheld from the contractor so much of the accrued payments as

17

may be considered necessary to pay to the employees employed by the contractor, or any

18

subcontractor on the work, the difference between the rates of wages required by the contract to

19

be paid the employees on the work and the rates of wages received by the employees and not

20

refunded to the contractor, subcontractors, or their agents.

21

     (b) The terms "wages", "scale of wages", "wage rates", "minimum wages", and

22

"prevailing wages" shall include:

23

     (1) The basic hourly rate of pay; and

24

     (2) The amount of:

25

     (A) The rate of contribution made by a contractor or subcontractor to a trustee or to a

26

third person pursuant to a fund, plan, or program; and

27

     (B) The rate of costs to the contractor or subcontractor which may be reasonably

28

anticipated in providing benefits to employees pursuant to an enforceable commitment to carry

29

out a financially responsible plan or program which was communicated in writing to the

30

employees affected, for medical or hospital care, pensions on retirement or death, compensation

31

for injuries or illness resulting from occupational activity, or insurance to provide any of the

32

foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or

33

accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other

34

similar programs, or for other bona fide fringe benefits, but only where the contractor or

 

LC002168 - Page 101 of 570

1

subcontractor is not required by other federal, state, or local law to provide any of the benefits;

2

provided, that the obligation of a contractor or subcontractor to make payment in accordance with

3

the prevailing wage determinations of the director of labor and training insofar as this chapter of

4

this title and other acts incorporating this chapter of this title by reference are concerned may be

5

discharged by the making of payments in cash, by the making of contributions of a type referred

6

to in subsection (b)(2), or by the assumption of an enforceable commitment to bear the costs of a

7

plan or program of a type referred to in this subdivision, or any combination thereof, where the

8

aggregate of any payments, contributions, and costs is not less than the rate of pay described in

9

subsection (b)(1) plus the amount referred to in subsection (b)(2).

10

     (c) The term "employees", as used in this section, shall include employees of contractors

11

or subcontractors performing jobs on various types of public works including mechanics,

12

apprentices, teamsters, chauffeurs, and laborers engaged in the transportation of gravel or fill to

13

the site of public works, the removal and/or delivery of gravel or fill or ready-mix concrete, sand,

14

bituminous stone, or asphalt flowable fill from the site of public works, or the transportation or

15

removal of gravel or fill from one location to another on the site of public works, and the

16

employment of the employees shall be subject to the provisions of subsections (a) and (b).

17

     (d) The terms "public agency" and "quasi-public agency" shall include, but not be limited

18

to, the Rhode Island industrial recreational building authority, the Rhode Island economic

19

development corporation, the Rhode Island airport corporation, the Rhode Island industrial

20

facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and

21

mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island

22

public transit authority, the Rhode Island student loan authority, the water resources board

23

corporate, the Rhode Island health and education building corporation, the Rhode Island higher

24

education assistance authority, the Rhode Island turnpike and bridge authority, the Narragansett

25

Bay water quality management district commission, Rhode Island telecommunications authority,

26

the convention center authority, the board of governors for higher education, the board of regents

27

for elementary and secondary education, the capital center commission, the housing resources

28

commission, the Quonset Point-Davisville management corporation, the Rhode Island children's

29

crusade for higher education, the Rhode Island depositors economic protection corporation, the

30

Rhode Island lottery commission, the Rhode Island partnership for science and technology, the

31

Rhode Island public building authority, and the Rhode Island underground storage tank board.

32

     SECTION 17. Section 42-11.3-1 of the General Laws in Chapter 42-11.3 entitled “Motor

33

Vehicles Owned by a Governmental Body” is hereby amended to read as follows:

34

     42-11.3-1 Definition. -- As used in this chapter, the following terms have the following

 

LC002168 - Page 102 of 570

1

meanings unless otherwise specified:

2

     (1) "General officer" means the governor, the lieutenant governor, the attorney general,

3

the secretary of state, and the general treasurer.

4

     (2)(i) "Governmental body" means any department, commission, council, board, bureau,

5

committee, institution, legislative body, agency, government corporation, including, without

6

limitation, the board of governors for higher education and board of regents for elementary and

7

secondary education or other establishment of the executive, legislative or judicial branch of the

8

state.

9

     (ii) "Governmental body" also means the Rhode Island industrial recreational building

10

authority, the Rhode Island economic development corporation, the Rhode Island industrial

11

facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and

12

mortgage finance corporation, the Rhode Island solid waste management corporation, the Rhode

13

Island public transit authority, the Rhode Island student loan authority, the Howard development

14

corporation, the water resources board, the Rhode Island health and education building

15

corporation, the Rhode Island higher education assistance authority, the Rhode Island turnpike

16

and bridge authority, the Blackstone Valley district commission, the Narragansett Bay water

17

quality management district commission, Rhode Island telecommunications authority, the

18

convention center authority, channel 36 foundation, their successors and assigns, and any other

19

body corporate and politic which has been here before or which is hereinafter created or

20

established within this state excepting cities and towns.

21

     (3) "Own" means control and the intent to control and includes any type of arrangement,

22

including by way of illustration, and not by limitation, a lease arrangement, whereby an employee

23

of a governmental body is supplied principal or exclusive use of a motor vehicle by his or her

24

employer.

25

     (4) "Law enforcement officer" means an individual: (i) who is employed on a full-time

26

basis by a governmental body that is responsible for the prevention or investigation of crime

27

involving injury to persons or property (including the apprehension or detention of persons for

28

such crimes); (ii) who is authorized by law to carry firearms, execute search warrants, and to

29

make arrests (other than merely a citizen's arrest); and (iii) who regularly carries firearms (except

30

when it is not possible to do so because of the requirements of undercover work). The term law

31

enforcement officer shall include an arson investigator if the investigator otherwise meets these

32

requirements.

33

     (5) "Commuting" means driving a motor vehicle owned by a governmental body to and

34

from the work place and the employee's residence.

 

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1

     (6) "Employee" means an individual who works for a governmental body not less than

2

thirty-five (35) hours a week.

3

     SECTION 18. Section 42-35-1 of the General Laws in Chapter 42-35 entitled

4

“Administrative Procedures” is hereby amended to read as follows:

5

     42-35-1 Definitions. -- As used in this chapter:

6

     (1) "Agency" includes each state board, commission, department, or officer, other than

7

the legislature or the courts, authorized by law to make rules or to determine contested cases, and

8

all "authorities", as that term is defined below;

9

     (2) "Authorities" includes the following: the Rhode Island industrial building authority,

10

the Rhode Island recreational building authority, the Rhode Island economic development

11

corporation, the Rhode Island industrial facilities corporation, the Rhode Island refunding bond

12

authority, the Rhode Island housing and mortgage finance corporation, the Rhode Island solid

13

waste management corporation, the Rhode Island public transit authority, the Rhode Island

14

student loan authority, the Howard development corporation, the water resources board, the

15

Rhode Island health and educational building corporation, the Rhode Island higher education

16

assistance authority, the Rhode Island turnpike and bridge authority, the Blackstone Valley

17

district commission, the Narragansett Bay water quality management district commission, their

18

successors and assigns, and any body corporate and politic with the power to issue bonds and

19

notes, which are direct, guaranteed, contingent, or moral obligations of the state, which is

20

hereinafter created or established in this state.

21

     (3) "Contested case" means a proceeding, including but not restricted to ratemaking, price

22

fixing, and licensing, in which the legal rights, duties, or privileges of a specific party are required

23

by law to be determined by an agency after an opportunity for hearing;

24

     (4) "License" includes the whole or part of any agency permit, certificate, approval,

25

registration, charter, or similar form of permission required by law, but it does not include a

26

license required solely for revenue purposes;

27

     (5) "Licensing" includes the agency process respecting the grant, denial, renewal,

28

revocation, suspension, annulment, withdrawal, or amendment of a license;

29

     (6) "Party" means each person or agency named or admitted as a party, or properly

30

seeking and entitled as of right to be admitted as a party;

31

     (7) "Person" means any individual, partnership, corporation, association, the department

32

of environmental management, governmental subdivision, or public or private organization of

33

any character other than an agency;

34

     (8) "Rule" means each agency statement of general applicability that implements,

 

LC002168 - Page 104 of 570

1

interprets, or prescribes law or policy or describes the organization, procedure, or practice

2

requirements of any agency. The term includes the amendment or repeal of a prior rule, but does

3

not include: (1) statements concerning only the internal management of an agency and not

4

affecting private rights or procedures available to the public, or (2) declaratory rulings issued

5

pursuant to § 42-35-8, (3) intra-agency memoranda, or (4) an order;

6

     (9) "Small business" shall shall have the same meanings that are provided for under title

7

13, volume 1, part 121 of the Code of Federal Regulations (13 CFR 121, as may be amended

8

from time to time);

9

     (10) "Order" means the whole or a part of a final disposition, whether affirmative,

10

negative, injunctive or declaratory in form, of a contested case;

11

     (11) "Small business advocate" means the person appointed by the director of the

12

economic development corporation as provided in § 42-64-34.

13

     SECTION 19. Section 42-104-1 of the General Laws in Chapter 42-104 entitled “The

14

William P. Robinson, Jr., Building” is hereby amended to read as follows:

15

     42-104-1 The William P. Robinson, Jr., Building. -- The Rhode Island division of

16

higher education assistance authority building on Jefferson Boulevard in the city of Warwick

17

shall be named the "William P. Robinson, Jr., Building".

18

     SECTION 20. Section 42-155-3 of the General Laws in Chapter 42-155 entitled “Quasi-

19

Public Corporations Accountability and Transparency Act” is hereby amended to read as follows:

20

     42-155-3 Definitions. -- (a) As used in this chapter, "quasi-public corporation" means

21

any body corporate and politic created, or to be created, pursuant to the general laws, including,

22

but not limited to, the following:

23

     (1) Capital center commission;

24

     (2) Rhode Island convention center authority;

25

     (3) Rhode Island industrial facilities corporation;

26

     (4) Rhode Island industrial-recreational building authority;

27

     (5) Rhode Island small business loan fund corporation;

28

     (6) Quonset development corporation;

29

     (7) Rhode Island airport corporation;

30

     (8) I-195 redevelopment district commission;

31

     (9) Rhode Island health and educational building corporation;

32

     (10) Rhode Island housing and mortgage finance corporation;

33

     (11) Rhode Island higher education assistance authority;

34

     (12) Rhode Island student loan authority;

 

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1

     (13) Narragansett bay commission;

2

     (14) Rhode Island clean water finance agency;

3

     (15) Rhode Island water resources board;

4

     (16) Rhode Island resource recovery corporation;

5

     (17) Rhode Island public rail corporation;

6

     (18) Rhode Island public transit authority;

7

     (19) Rhode Island turnpike and bridge authority;

8

     (20) Rhode Island tobacco settlement financing corporation; and

9

     (21) Any subsidiary of the Rhode Island commerce corporation.

10

     (b) Cities, towns, and any corporation created that is an instrumentality and agency of a

11

city or town, and any corporation created by a state law that has been authorized to transact

12

business and exercise its powers by a city or town pursuant to ordinance or resolution, and fire

13

and water districts are not subject to the provisions of this chapter.

14

     (c) The Rhode Island commerce corporation, being subject to similar transparency and

15

accountability requirements set forth in chapter 64 of title 42; the Rhode Island public rail

16

corporation established in chapter 64.2 of title 42; Block Island power authority; and the Pascoag

17

utility district shall not be subject to the provisions of this chapter.

18

     SECTION 21. Sections 44-30.1-1, 44-30.1-3 and 44-30.1-5 of the General Laws in

19

Chapter 44-30.1 entitled “Setoff of Refund of Personal Income Tax” are hereby amended to read

20

as follows:

21

     44-30.1-1 Definitions. -- (a) "Benefit overpayments and interest owed" means any

22

amount in excess of five hundred dollars ($500) determined to be recoverable under the

23

provisions of chapters 39 – 44 of title 28.

24

     (b) "Cash assistance benefit overpayments" means any amount of cash assistance benefits

25

which constitutes an overpayment of benefits under the provisions of the Rhode Island Works

26

Program as previously established by chapter 5.2 of title 40, and/or the predecessor family

27

assistance programs, formerly known as the Family Independence Program, as previously

28

established by chapter 5.1 of title 40, and the Aid to Families With Dependent Children program,

29

as previously established by § 40-6-4, which overpayment amount has been established by court

30

order, by administrative hearing conducted by the department of human services, or by written

31

agreement between the department of human services and the individual.

32

     (c) "Claimant agency" means either:

33

     (1) The department of human services, with respect (1) to past-due support which has

34

been assigned to the department of human services by public assistance and medical assistance

 

LC002168 - Page 106 of 570

1

recipients or by the department for children, youth and families, (2) past-due support which it is

2

attempting to collect on behalf of any individual not eligible as a public assistance recipient, and

3

(3) cash assistance benefit overpayments or medical assistance benefit overpayments, as defined

4

herein; or

5

     (2)(i) The Rhode Island division of higher education assistance authority (RIHEAA),

6

with respect to obligations owed to that agency or to the state of Rhode Island by reason of

7

default or failure to pay student loans, health professions contract advances or scholarships or

8

grant over-awards, or

9

     (ii) The Rhode Island division of higher education assistance authority (RIHEAA), acting

10

as agent for the United States Department of Education or other student loan guarantee agencies

11

in other states which have negotiated a reciprocal arrangement with the Rhode Island division of

12

higher education assistance RIHEAA for the setoff of refunds of personal income taxes against

13

defaulted loan obligations.

14

     (3) The Rhode Island court administrative office, with respect to court costs, fines, and

15

restitution owed; or

16

     (4) The department of labor and training with respect to benefit overpayments and

17

interest owed in excess of five hundred dollars ($500).

18

     (d) "Court costs owed" means any fines, fees, and/or court costs which have been

19

assessed pursuant to a criminal disposition by a judge of the district, family and superior courts,

20

including, but not limited to, those amounts assessed pursuant to chapters 20 and 25 of title 12

21

and those amounts assessed pursuant to title 31, including also those fines, fees, and/or court costs

22

assessed by the traffic tribunal or municipal court associated with motor vehicle violations which

23

have not been paid and which have been declared delinquent by the administrative judge of the

24

court making the assessment.

25

     (e) "Debtor" means:

26

     (1) Any individual who owes past-due support which has been assigned to the department

27

of human services by public assistance and medical assistance recipients or by the department of

28

children, youth and families, or owes past due support to any individual not eligible as a public

29

assistance recipient;

30

     (2) Any individual who has obligations owed to the Rhode Island division of higher

31

education assistance RIHEAA or the state of Rhode Island, the United States Department of

32

Education or other states and agencies that have negotiated reciprocal agreements with the Rhode

33

Island division of higher education assistance RIHEAA;

34

     (3) Any individual who owes fines, fees, and/or court costs to the superior, family,

 

LC002168 - Page 107 of 570

1

district courts and the traffic tribunal and municipal court associated with motor vehicle

2

violations;

3

     (4) Any individual who owes restitution to any victim of any offense which has been

4

ordered by a judge of the district, family and superior courts pursuant to a disposition in a

5

criminal case and which has been made payable through the administrative office of state courts

6

pursuant to § 12-19-34 except that obligations discharged in bankruptcy shall not be included;

7

     (5) Any individual who owes any sum in excess of five hundred dollars ($500) for benefit

8

overpayments and interest to the department of labor and training determined to be recoverable

9

under the provisions of chapters 39-44 of title 28.

10

     (6) Any individual who owes any sum of cash assistance benefit overpayments to the

11

department of human services.

12

     (7) Any individual who has obligations owed to the Rhode Island Student Loan Authority

13

(RISLA), or other states and agencies that have negotiated reciprocal agreements with RISLA.

14

     (f) "Division" means the department of revenue, division of taxation.

15

     (g) "Fines owed" means any fines, fees, and/or court costs which have been ordered paid

16

as a penalty in a criminal case by a judge of the district, family and superior courts and those

17

fines, fees, and/or court costs ordered paid by the traffic tribunal or municipal court for motor

18

vehicle violations as described in § 31-41.1-4 which have not been paid and which have been

19

declared delinquent by the administrative judge of the court making the assessment.

20

     (h) "Medical assistance benefit overpayment" means any amount of medical assistance

21

benefits which constitutes an overpayment of medical assistance benefits. The department is

22

authorized to promulgate rules and regulations to provide for notice and hearing prior to the

23

income tax intercept by the department for income tax intercept for medical assistance benefits

24

overpaid to the recipient. The amount of overpayment of benefits may include the overpayment

25

of benefits due to the fact that the Medicaid recipient failed to pay the cost share obligation

26

lawfully imposed in accordance with Rhode Island law.

27

     (i) "Medical assistance cost share arrearage" means any amount due and owing to the

28

department of human services as a result of a Medicaid recipient's failure to pay their cost share

29

obligation, including any amount due for a cost sharing obligation or medical assistance premium

30

obligation, imposed in accordance with Title 40, Chapter 8.4 of the Rhode Island General Laws.

31

     (j) "Obligation owed" means the total amount owed by any individual on:

32

     (1) Any guaranteed student loan or parent loan for undergraduate students for which the

33

Rhode Island division of higher education assistance RIHEAA has had to pay the guarantee, or

34

for which the Rhode Island division of higher education assistance RIHEAA is acting as agent on

 

LC002168 - Page 108 of 570

1

behalf of the United States Department of Education or other state cooperating agencies which

2

have had to pay a guarantee,

3

     (2) Any contract fee advanced by either the Rhode Island division of higher education

4

assistance RIHEAA or the state of Rhode Island on behalf of any individual participating in a

5

health professions educational program for which payment has not been made according to the

6

terms of the contract, and

7

     (3) Any amount of scholarship or grant funds which constitutes an over-award, whether

8

due to error or to the submission of false information, and for which repayment has been

9

demanded by the agency, but which has not been paid.

10

     (4) Any education loan held by the Rhode Island Student Loan Authority (RISLA) not

11

guaranteed by the Rhode Island division of higher education assistance RIHEAA or other

12

guarantor.

13

     (k) "Past-due support" means the amount of court-ordered child support or maintenance,

14

child medical support or a spousal support order for a custodial parent having custody of a minor

15

child, which is overdue or otherwise in arrears, regardless of whether there is an outstanding

16

judgment for that amount, and whether the order for the support or maintenance has been

17

established by a court or by an administrative process authorized under the laws of any state.

18

     (l) "Refund" means the Rhode Island income tax refund which the division of taxation

19

determines to be due to a taxpayer.

20

     (m) "Restitution owed" means any amount which has been ordered paid pursuant to a

21

criminal case disposition by a judge of the district, family and superior courts pursuant to chapter

22

19 of title 12, which has not been paid and which has been declared delinquent by the

23

administrative judge of the court making the assessment.

24

     44-30.1-3 Collection of debts by setoff. -- Within a time frame established by the

25

division of taxation, the claimant agency shall supply the information necessary relative to each

26

debtor owing the state money, and further, shall certify the amount of debt or debts owed to the

27

state by each debtor. Upon receiving notice from the claimant agency that a named debtor owes

28

past-due support, delinquent court costs, fines, or restitution or benefit overpayments and interest

29

owed, has obligations owed as described in § 44-30.1-1(g), cash assistance benefit overpayments,

30

medical assistance benefit overpayments, or medical assistance cost share arrearages, the division

31

of taxation shall determine whether any amount, as a refund of taxes paid, is payable to the

32

debtor, regardless of whether the debtor filed an income tax return as a married or unmarried

33

individual. If the division of taxation determines that any refund is payable, the division of

34

taxation shall set off the past-due support, delinquent court costs, fines or restitution or benefit

 

LC002168 - Page 109 of 570

1

overpayments and interest owed, the obligation owed, cash assistance benefit overpayments,

2

medical assistance benefit overpayments, or medical assistance cost share arrearages, against the

3

debtor's refund and shall reduce the debtor's refund by the amount so determined. The division of

4

taxation shall transfer the amount of past-due support, delinquent court costs, fines or restitution,

5

or benefit overpayments and interest owed, obligation owed, cash assistance benefit

6

overpayments, medical assistance benefit overpayments, or medical assistance cost share

7

arrearages, set off against the debtor's refund to the claimant agency or in the case of the United

8

States Department of Education or other out-of-state agencies, to the Rhode Island division of

9

higher education assistance authority (RIHEAA) as its agent, and in the case of education loans

10

held by the Rhode Island Student Loan Authority (RISLA) for itself or as agent for another out-

11

of-state education loan agency and which education loans are not guaranteed by the Rhode Island

12

division of higher education assistance RIHEAA or another guarantor, to RISLA. The pendency

13

of judicial proceedings to contest the setoff shall not stay nor delay the setoff and transfer of

14

refunds to the claimant agency. If the amount of the debtor's refund exceeds the amount of the

15

past-due support, delinquent court costs, fines, or restitution or benefit overpayments and interest

16

owed, obligation owed, cash assistance benefit overpayments, medical assistance benefit

17

overpayments, or medical assistance cost share arrearages, the division of taxation shall refund

18

the excess amount to the debtor. If in any instance with regard to the debtor the division of

19

taxation has received notice from more than one claimant agency, the claim by the bureau of

20

child support shall receive first priority, the obligations owed shall have second priority, and the

21

delinquent court costs, fines or restitution shall have third priority, the benefit overpayments and

22

interest owed the fourth priority and the cash assistance benefit overpayments the fifth priority,

23

and medical assistance benefit overpayments, or medical assistance cost share arrearages the sixth

24

priority.

25

     44-30.1-5 Hearing procedures. -- (a) If the claimant agency receives written application

26

pursuant to § 44-30.1-4(b) contesting the setoff or the delinquent court costs, fines or restitution

27

or the past-due support or benefit overpayments and interest owed or the obligation owed upon

28

which the setoff is based, it shall grant a hearing to the applicant in accordance with chapter 35 of

29

title 42, "Administrative Procedure".

30

     (b) Appeals from the administrative decisions made by the claimant agency shall be in

31

accordance with chapter 35 of title 42, "Administrative Procedures". Appeals contesting the setoff

32

of past due support shall be to the family court of Providence County.

33

     (c) In those cases where the Rhode Island division of higher education assistance

34

authority (RIHEAA) acts as agent for the United States Department of Education or other out-of-

 

LC002168 - Page 110 of 570

1

state agencies, the Rhode Island division of higher education assistance RIHEAA must obtain

2

appropriate documentation of the obligation owed such as promissory notes, evidence of

3

guarantees paid and any other items that may be necessary to conduct a fair hearing. The Rhode

4

Island division of higher education assistance RIHEAA as agent for other states shall negotiate

5

appropriate reciprocal agreements with those states for purposes of transferring funds and setting

6

charges for cost of services.

7

     (d) In those cases where the Rhode Island Student Loan Authority (RISLA) is the

8

claimant either for itself or as agent for another out-of-state education loan agency, RISLA must

9

obtain appropriate documentation of the obligation owed such as promissory notes, and any other

10

items that may be necessary to conduct a fair hearing. RISLA as agent for other states or agencies

11

shall negotiate appropriate reciprocal agreements with those states and agencies for purposes of

12

transferring funds and setting charges for cost of services.

13

     SECTION 22. This article shall take effect as of July 1, 2015.

14

ARTICLE 8

15

RELATING TO MUNICIPALITIES

16

      SECTION 1. Section 24-12-26 of the General Laws in Chapter 24-12 entitled “Rhode

17

Island Turnpike and Bridge Authority” is hereby amended to read as follows:

18

     24-12-26 Power to collect tolls and charges – Gasoline and service concessions. -- (a)

19

The authority is hereby authorized, subject to the provisions of this chapter, to fix, revise, charge

20

and collect tolls for the use of the Newport Bridge, the Mount Hope Bridge, the turnpike and the

21

different parts or sections thereof, and for the use of any additional facility and the different parts

22

or sections thereof, and to contract with any person, partnership, association or corporation for

23

placing on any project telephone, telegraph, electric light or power lines, gas stations, garages,

24

and restaurants if deemed necessary by the authority in connection with the project, or for the use

25

of any project or part thereof, including the right-of-way adjoining the paved portion of the

26

turnpike or of any additional facility or for any other purposes and to fix the terms, conditions,

27

rents and rates of charges for such use; provided, that the authority shall construct any gasoline

28

service facilities which it may determine are needed on the project, and provided, further, that, to

29

afford users of the project a reasonable choice of motor fuels of different brands, each gasoline

30

service station shall be separately offered for lease upon sealed bids and, after notice of the offer

31

has been published once a week in three (3) consecutive weeks in a newspaper having general

32

circulation in the state, and, in the event an acceptable bid shall be received in the judgment of the

33

authority, each lease shall be awarded to the highest responsible bidder therefor, but no person

34

shall be awarded or have the use of, nor shall motor fuel identified by the trade-marks, trade

 

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1

names, or brands of any one supplier, distributor, or retailer of such fuel be sold at more than one

2

service station if they would constitute more than twenty-five percent (25%) of the service

3

stations on the project. Notwithstanding the provisions of this section, members of the town of

4

Jamestown police and fire department and ambulance service personnel of the town of

5

Jamestown and Jamestown school department who, in the course of their duty, are required to pay

6

a toll for use of the Newport Bridge, shall, upon the presentment of receipts for the payment of

7

the toll to the town of Jamestown, be reimbursed for all charges on an annual basis by the town of

8

Jamestown who in turn shall be reimbursed for all payments made by the state. The town of

9

Jamestown shall submit a request for reimbursement to the Division of Municipal Finance for the

10

previous fiscal year (ending June 30th) to the state no later than September 30th of the fiscal year

11

following the fiscal year for which reimbursement is being requested. Notwithstanding the

12

provisions of this section, members of the city of Newport police and fire department and rescue

13

personnel who, in the course of their duty, are required to pay a toll for use of the Newport

14

Bridge, shall, upon the presentment of receipts for the payment of the toll to the city of Newport,

15

be reimbursed for all charges on an annual basis by the city of Newport who in turn shall be

16

reimbursed for all payments made by the state. The city of Newport shall submit a request for

17

reimbursement to the Division of Municipal Finance for the previous fiscal year (ending June

18

30th) to the state no later than September 30th of the fiscal year following the fiscal year for

19

which reimbursement is being requested.

20

     (b) Notwithstanding the provisions of this section, members of the police and fire

21

department and rescue personnel of any city or town in this state who, in the course of their duty,

22

are required to pay a toll for use of the Mount Hope Bridge or the Sakonnet River Bridge, if any,

23

shall, upon the presentment of receipts for the payment of the toll to their town or city, be

24

reimbursed for all such charges on an annual basis by the town or city, who in turn shall be

25

reimbursed for all payments made by the state. Any town or city shall submit a request for

26

reimbursement to the Division of Municipal Finance for the previous fiscal year (ending June

27

30th) to the state no later than September 30th of the fiscal year following the fiscal year for

28

which reimbursement is being requested.

29

     SECTION 2. Section 45-12-33 of the General Laws in Chapter 45-12 entitled

30

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

31

     45-12-33 Borrowing for road and bridge projects financed through the "municipal

32

road and bridge revolving fund" Borrowing for road and bridge, infrastructure, and school

33

building projects. -- (a) In addition to other authority previously granted, during calendar year

34

2014 from July 1, 2015 to June 20, 2016, a city or town may authorize the issuance of bonds,

 

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1

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

2

revolving fund or the efficient buildings fund administered by the Rhode Island clean water

3

finance agency infrastructure bank in accordance with chapter 18 of title 24 and chapter 12.2 of

4

title 46 of the general laws or the school building authority capital fund administered by the

5

Rhode Island health and educational building corporation in accordance with chapter 18 38.2 of

6

title 24 45.

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

contrary.

20

     SECTION 3. This article shall take effect upon passage.

21

ARTICLE 9

22

RELATING TO SCHOOL BUILDING AUTHORITY CAPITAL FUND

23

     SECTION 1. Sections 16-7-41 and 16-7-44 of the General Laws in Chapter 16-7 entitled

24

“Foundation Level School Support” are hereby amended to read as follows:

25

     16-7-41. Computation of school housing aid. -- (d) Notwithstanding any provisions of

26

law to the contrary, in connection with the issuance of refunding bonds benefiting any local

27

community, any net interest savings resulting from the refunding bonds issued by such

28

community or a municipal public buildings authority for the benefit of the community or by the

29

Rhode Island health and educational building corporation for the benefit of the community, in

30

each case in support of school housing projects for the community, shall be allocated between the

31

community and the state of Rhode Island, by applying the applicable school housing aid ratio at

32

the time of issuance of the refunding bonds, calculated pursuant to § 16-7-39, that would

33

otherwise apply in connection with school housing projects of the community; provided however,

34

that for any refundings that occur between July 1, 2013 and December 31 June 30, 2015, the

 

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1

community shall receive eighty percent (80%) of the total savings and the state shall receive

2

twenty percent (20%). In connection with any such refunding of bonds, the finance director or the

3

chief financial officer of the community shall certify such net interest savings to the

4

commissioner of elementary and secondary education. Notwithstanding § 16-7-44 or any other

5

provision of law to the contrary, school housing projects costs in connection with any such

6

refunding bond issue shall include bond issuance costs incurred by the community, the municipal

7

public buildings authority or the Rhode Island health and educational building corporation, as the

8

case may be, in connection therewith. In connection with any refunding bond issue, school

9

housing project costs shall include the cost of interest payments on such refunding bonds, if the

10

cost of interest payments was included as a school housing cost for the bonds being refunded. A

11

local community or municipal public buildings authority shall not be entitled to the benefits of

12

this subsection (d) unless the net present value savings resulting from the refunding is at least

13

three percent (3%) of the refunded bond issue.

14

     16-7-44. School housing project costs. – School housing project costs, the date of

15

completion of school housing projects, and the applicable amount of school housing project cost

16

commitments shall be in accordance with the regulations of the commissioner of elementary and

17

secondary education and the provisions of §§ 16-7-35 – 16-7-47; provided, however, that school

18

housing project costs shall include the purchase of sites, buildings, and equipment, the

19

construction of buildings, and additions or renovations of existing buildings and/or facilities.

20

School housing project costs shall include the cost of interest payment on any bond issued after

21

July 1, 1988, provided that such bond is approved by the voters on or before June 30, 2003 or

22

issued by a municipal public building authority or by the appropriate approving authority on or

23

before June 30, 2003. Except as provided in subsection 16-7-41(d), those projects approved after

24

June 30, 2003, interest payments may only be included in project costs provided that the bonds

25

for these projects are issued through the Rhode Island Health, Education and Building

26

Corporation. School housing project costs shall exclude: (1) any bond issuance costs incurred by

27

the municipality or regional school district; (2) demolition costs for buildings, facilities, or sites

28

deemed surplus by the school committee; and (3) restrictions pursuant to § 16-7-44.1 below. A

29

building, facility, or site is declared surplus by a school committee when the committee no longer

30

has such building, facility, or site under its direct care and control and transfers control to the

31

municipality, § 16-2-15. The board of regents for elementary and secondary education will

32

promulgate rules and regulations for the administration of this section. These rules and

33

regulations may provide for the use of lease revenue bonds, capital leases, or capital reserve

34

funding, to finance school housing provided that the term of any bond, or capital lease shall not

 

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1

be longer than the useful life of the project and these instruments are subject to the public review

2

and voter approval otherwise required by law for the issuance of bonds or capital leases. Cities or

3

towns issuing bonds, or leases issued by municipal public buildings authority for the benefit of a

4

local community pursuant to chapter 50 of title 45 shall not require voter approval. Effective

5

January 1, 2008, and except for interim finance mechanisms, refunding bonds, school building

6

authority capital fund, and bonds issued by the Rhode Island Health and Educational Building

7

Corporation to finance school housing projects for towns, cities, or regional school districts

8

borrowing for which has previously been authorized by an enabling act of the general assembly,

9

all bonds, notes and other forms of indebtedness issued in support of school housing projects shall

10

require passage of an enabling act by the general assembly.

11

     SECTION 2. Title 16 of the General Laws entitled “Education” is hereby amended by

12

adding thereto the following chapter:

13

CHAPTER 105

14

SCHOOL BUILDING AUTHORITY

15

     16-105-1. Declaration of policy. – The state of Rhode Island is committed to providing

16

equal education opportunities for all public school students. School facilities provide more than a

17

place for instruction. The physical learning environment must be designed and constructed in

18

order to contribute fully to the successful performance of educational programs designed to meet

19

students’ educational needs. Every student has the right to a safe, healthy, and sanitary learning

20

environment that promotes student learning and development. To that end, the general assembly

21

hereby designates the department of elementary and secondary education as the state’s school

22

building authority with the responsibility to implement a system of state funding for school

23

facilities designed to:

24

     (1) Guarantee adequate school housing for all public school children in the state, and

25

     (2) Prevent the cost of school housing from interfering with the effective operation of the

26

schools.

27

     16-105-2. Roles and Responsibilities. -- The school building authority roles and

28

responsibilities shall include:

29

     (1) Management of a system with the goal of assuring equitable and adequate school

30

housing for all public school children in the state;

31

     (2) Prevention of the cost of school housing from interfering with the effective operation

32

of the schools;

33

     (3) Management of school housing aid in accordance with statute;

34

     (4) Reviewing and making recommendations to the council on elementary and secondary

 

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1

education on necessity of school construction applications for state school housing aid and the

2

school building authority capital fund;

3

     (5) Managing and maintaining regulations, standards, and guidelines applicable to the

4

school housing program;

5

     (6) Providing technical advice and assistance, training and education to cities, towns, or

6

LEAs and to general contractors, subcontractors, construction or project managers, designers and

7

others in planning, maintenance and establish of school facility space;

8

     (7) Developing a project priority system in accordance with school construction

9

regulations;

10

     (8) Collecting and maintain readily-available data on all the public school facilities in the

11

state;

12

     (9) Promoting and incentivize local education agencies to optimize space utilization; and

13

     (10) Recommending policies and procedures designed to reduce borrowing for school

14

construction programs at both state and local levels.

15

     16-105-3. Funding mechanisms for school facilities. -- The school building authority

16

shall oversee two distinct funding mechanisms for school facilities: the foundation program for

17

school housing, as set forth in Sections 16-7-35 to 16-7-47 and the school building authority

18

capital fund, as set forth at Chapter 45-38.2. The school building authority shall determine the

19

necessity of school construction, establish standards for design and construction of school

20

buildings, ensure that districts have adequate asset protection plans in place to maintain their

21

school facilities, make recommendations to the council on elementary and secondary education

22

for approval of projects for school housing aid reimbursement and establish a project priority list

23

for the Rhode Island health and educational building corporation for projects funded by the

24

school building authority capital fund.

25

     16-105-4. Procedure for School Building Authority Capital Fund project approval. -

26

- (a) The department of elementary and secondary education shall promulgate rules and

27

regulations that establish the process through which a city, town, or LEA may submit an

28

application for school building authority capital funding. The department may also prescribe,

29

without limitation, forms for financial assistance applications, loan agreements, and other

30

instruments. All rules and regulations promulgated pursuant to this chapter shall be promulgated

31

in accordance with the provisions of chapter 42-35.

32

     (b) In consultation with the school building authority advisory board, the school building

33

authority shall establish the investment priorities and project evaluation criteria for the school

34

building authority capital fund. These priorities shall be reviewed and if necessary, revised on

 

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1

intervals not to exceed five years. The council on elementary and secondary education shall

2

approve the investment priorities prior to implementation.

3

     (c) In accordance with the investment priorities established in 16-105-3 (b), the

4

department shall evaluate all submitted applications, identify and select eligible projects. The

5

council shall approve all projects prior to the award of financial assistance through the school

6

building authority capital fund.

7

     (d) Upon issuance of the project priority list, the corporation shall award financial

8

assistance to cities, towns, and LEAs for approved projects. The corporation may decline to

9

award financial assistance to an approved project which the corporation determines will have a

10

substantial adverse effect on the interests of holders of bonds or other indebtedness of the

11

corporation or the interests of other participants in the financial assistance program, or for good

12

and sufficient cause affecting the finances of the corporation. All financial assistance shall be

13

made pursuant to a loan agreement between the corporation and the city, town or LEA, acting by

14

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

15

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

16

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

17

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

18

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

19

conditions as authorized by this chapter and/or the loan agreement.

20

     16-105-5. Inspection of approved projects. – For any approved project, the department

21

shall have the authority to inspect the construction and operation thereof to ensure compliance

22

with the provisions of this chapter.

23

     16-105-6. Expenses incurred by the department. -- In order to provide for the expenses

24

of the department under this chapter, the corporation shall transfer to the department an amount

25

necessary to complete tasks assigned herein to the school building authority, the school building

26

authority advisory board, as well as any additional tasks as may be requested by the general

27

assembly.

28

     16-105-7. School Building Authority Advisory Board established. -– (a) There is

29

hereby established a school building authority advisory board that shall advise the school building

30

authority regarding the best use of the school building authority capital fund, including the setting

31

of statewide priorities and criteria for project approval.

32

     (b) The school building authority advisory board shall consist of seven (7) members as

33

follows:

34

     (1) The general treasurer;

 

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1

     (2) The director of the department of administration, who shall serve as chair;

2

     (3) A member of the governor’s staff, as designated by the governor

3

     (4) Four (4) members of the public, appointed by the governor, and who serve at the

4

pleasure of the governor, each of whom shall have expertise in education and/or construction, real

5

estate, or finance.

6

     (c) The school building authority advisory board shall advise the school building

7

authority with the following:

8

     (1) Review and make recommendations regarding the investment priorities for the school

9

building authority capital fund;

10

      (2) Recommend to the school building authority such legislation as it may deem

11

desirable or necessary related to school building authority capital fund;

12

      (3) Recommend to the school building authority policies and procedures designed to

13

reduce borrowing for school construction programs at both state and local levels.

14

     16-105-8. Severability. -- If any provision of this chapter or the application of this

15

chapter to any person or circumstances is held invalid, the invalidity shall not affect other

16

provisions or applications of the chapter, which can be given effect without the invalid provision

17

or application, and to this end the provisions of this chapter are declared to be severable.

18

     SECTION 3. Section 45-38.1-4 of the General Laws in Chapter 45-38.1 entitled “Health

19

and Education Building Corporation” is hereby amended to read as follows:

20

     45-38.1-4. Corporation established. (a) There is hereby created a public body

21

corporate and corporation of the state to be known as the "Rhode Island health and educational

22

building corporation" as successor to the Rhode Island educational building corporation,

23

previously created as a nonbusiness corporation under and pursuant to chapter 6 of title 7, as

24

amended by chapter 121 of the Public Laws of 1966, and constituted and established as a public

25

body corporate and corporation of the state for the exercising of the powers conferred on the

26

corporation under and pursuant to §§ 45-38.1-1 – 45-38.1-24.

27

     (b) All of the powers of the corporation are vested in the board of directors of the

28

corporation elected at the first meeting of the incorporators of the Rhode Island educational

29

building corporation, and the members of the board shall continue to serve for the duration of the

30

terms for which they were originally elected. Successors to the members of the board of directors

31

shall be appointed by the governor, as follows: prior to the month of June in each year,

32

commencing in the year 1968, the governor shall appoint a member to serve on the board of

33

directors for a term of five (5) years to succeed the member whose term will expire in June of that

34

year. In the event of a vacancy occurring in the membership of the board of directors, the

 

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1

governor shall appoint a new member of the board of directors for the unexpired term. Any

2

member of the board of directors is eligible for reappointment.

3

      (c) Each member of the board of directors, before entering upon his or her duties, shall

4

take an oath to administer the duties of his or her office faithfully and impartially, and the oath

5

shall be filed in the office of the secretary of state.

6

      (d) The board of directors shall select two (2) of its members as chairperson and vice

7

chairperson, and also elect a secretary, assistant secretary, treasurer, and assistant treasurer, who

8

need not be members of the board. Three (3) members of the board of directors of the corporation

9

shall constitute a quorum, and the affirmative vote of the majority of the directors present and

10

entitled to vote at any regular or special meeting at which a quorum is present, is necessary for

11

any action to be taken by the corporation; except, however, that the affirmative vote of three (3)

12

members of the board of directors is necessary for the election of officers of the corporation and

13

to amend the bylaws of the corporation. No vacancy in the membership of the board of directors

14

of the corporation impairs the right of a quorum to exercise all the powers of and perform the

15

duties of the corporation. consist of seven (7) members appointed by the governor. Board

16

members appointed and qualified prior to July 1, 2015 may continue to serve to the completion of

17

their designated terms and until such time as their successors are appointed and qualified. No

18

member appointed or reappointed after July 1, 2015 shall serve more than two (2) five (5)-year

19

terms. The governor shall select a chairperson and vice chairperson from the appointed members.

20

     (e) Any action taken by the corporation under the provisions of this chapter may be

21

authorized by resolution at any regular or special meeting, and each resolution takes effect

22

immediately and need not be published or posted.

23

     (f) The members of the board of directors shall receive compensation at the rate of fifty

24

dollars ($50.00) per meeting attended; however, the compensation shall not exceed one thousand

25

five hundred dollars ($1,500) per fiscal year per member until July 1, 2015. Effective July 1,

26

2015, the members of the board shall not receive any compensation for their service on the board.

27

      (g) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict

28

of interest for a trustee, director, officer, or employee of an institution for higher education or a

29

health care provider to serve as a member of the board of directors of the corporation; provided,

30

that the trustee, director, officer, or employee abstains from deliberation, action and vote by the

31

board under this chapter in specific respect to the institution for higher education or the health

32

care provider of which the member is a trustee, director, officer, or employee.

33

     (h) The board and corporation shall comply with provisions of chapter 42-155, the Quasi-

34

Public Corporations Accountability and Transparency Act.

 

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1

     SECTION 4. Title 45 of the General Laws entitled “Towns and cities” is hereby

2

amended by adding thereto the following chapter:

3

CHAPTER 45-38.2

4

SCHOOL BUILDING AUTHORITY CAPITAL FUND

5

     45-38.2-1. Definitions. – As used in this chapter, the following terms, unless the context

6

requires a different interpretation, shall have the following meanings:

7

     (1) “Annual construction plan” means any project approved by the corporation for

8

financial assistance;

9

     (2) “Application” means a project proposed by a city, town, or LEA that would make

10

capital improvements to a public school consistent with project evaluation criteria;

11

     (3) “Approved project” means any project approved for financial assistance;

12

     (4) “Corporation” means the Rhode Island health and education building corporation as

13

set forth in chapter 45-38.1;

14

     (5) “Department” means the department of elementary and secondary education as

15

established under Title 16;

16

     (6) “Eligible project” means an application, or a portion of an application, that meets the

17

project evaluation criteria;

18

     (7) “Financial assistance” means any form of financial assistance provided by the

19

corporation to a city, town, or LEA in accordance with this chapter for all or any part of the cost

20

of an approved project, including, without limitation, loans, guarantees, insurance, subsidies for

21

the payment of debt service on loans, lines of credit, and similar forms of financial assistance;

22

     (8) “Fund” means the school building authority capital fund;

23

     (9) “LEA” means a local education agency, a public board of education, school

24

committee or other public authority legally constituted within the State for administrative control

25

or direction of one or more Rhode Island public elementary or secondary schools;

26

     (10) “Market rate” means the rate the city, town, or LEA would receive on the open

27

market at the time of the original loan agreement as determined by the corporation in accordance

28

with its rules and regulations;

29

     (11) “Project evaluation criteria” means the criteria used by the department to evaluate

30

applications and rank eligible projects;

31

     (12) “Project priority list” means the list of eligible projects ranked in the order in which

32

financial assistance shall be awarded by the corporation;

33

     (13) “Subsidy assistance” means the credit enhancements and other measures to reduce

34

the borrowing costs for a city, town, or LEA.

 

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1

     45-38.2-2. School building authority capital fund. -- (a) There is hereby established a

2

school building authority capital fund. The corporation shall establish and set up on its books the

3

fund, to be held in trust and to be administered by the corporation as provided in this chapter and

4

in any trust agreement securing bonds of the corporation. This fund shall be in addition to the

5

annual appropriation for committed expenses related to the repayment of housing aid

6

commitments. The corporation shall deposit the following monies into the fund:

7

     (1) The difference between the annual housing aid appropriation and housing aid

8

commitment amounts appropriated or designated to the corporation by the state for the purposes

9

of this chapter;

10

     (2) Loan repayments, bond refinance interest savings, and other payments received by the

11

corporation pursuant to loan agreements with cities, towns, or LEAs executed in accordance with

12

this chapter;

13

     (3) Investment earnings on amounts credited to the fund;

14

     (4) Proceeds of bonds of the corporation to the extent required by any trust agreement for

15

such bonds;

16

     (5) Administrative fees levied by the corporation;

17

     (6) Other amounts required by provisions of this chapter or agreement, or any other law

18

or any trust agreement pertaining to bonds to be credited to the fund; and

19

     (7) Any other funds permitted by law which the corporation in its discretion shall

20

determine to credit thereto.

21

     (b) The corporation shall establish and maintain fiscal controls and accounting

22

procedures conforming to generally accepted government accounting standards sufficient to

23

ensure proper accounting for receipts in and disbursements from the revolving fund.

24

     45-38.2-3. Administration. -- (a) The corporation shall have all the powers necessary

25

and convenient to carry out and effectuate the purposes and provisions of this chapter including,

26

without limitation:

27

     (1) To receive and disburse such funds from the state as may be available for the purpose

28

of the fund subject to the provisions of this chapter;

29

     (2) To make and enter into binding commitments to provide financial assistance to local

30

cities and towns from amounts on deposit in the fund;

31

     (3) To enter into binding commitments to provide subsidy assistance for loans and city,

32

town, and LEA obligations from amounts on deposit in the fund;

33

     (4) To levy administrative fees on cities, towns, and LEAs as necessary to effectuate the

34

provisions of this chapter; provided the fees have been previously authorized by an agreement

 

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1

between the corporation and the city, town, or LEA;

2

     (5) To engage the services of third-party vendors to provide professional services;

3

     (6) To establish one or more accounts within the fund; and

4

     (7) Such other authority as granted to the corporation under chapter 45-38.1.

5

     (b) Subject to the provisions of this chapter, and to any agreements with the holders of

6

any bonds of the corporation or any trustee therefor, amounts held by the corporation for the

7

account of the fund shall be applied by the corporation, either by direct expenditure,

8

disbursement, or transfer to one or more other funds and accounts held by the corporation and

9

maintained under any trust agreement pertaining to bonds, either alone or with other funds of the

10

corporation, to the following purposes:

11

     (1) To provide financial assistance to cities and towns to finance costs of approved

12

projects, and to refinance the costs of the projects, subject to such terms and conditions, if any, as

13

are determined by the department and/or the corporation;

14

     (2) To fund reserves for bonds of the corporation and to purchase insurance and pay the

15

premiums therefor, and pay fees and expenses of letters or lines of credit and costs of

16

reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to

17

otherwise provide security for, and a source of payment for obligations of the corporation, by

18

pledge, lien, assignment, or otherwise as provided in chapter 45-38.1;

19

     (3) To pay expenses of the corporation and the department in administering the fund. As

20

part of the annual appropriations bill, the department shall set forth the gross amount of expenses

21

received from the corporation and a complete, specific breakdown of the sums retained and/or

22

expended for administrative expenses;

23

     (4) To pay or provide for subsidy assistance equivalent to one third (1/3) of the market

24

rate or such other subsidy assistance as determined by the corporation;

25

     (5) To provide a reserve for, or to otherwise secure, amounts payable by cities, towns,

26

and LEAs on loans and city, town, and LEA obligations outstanding in the event of default

27

thereof; amounts in any account in the fund may be applied to defaults on loans outstanding to the

28

city, town, or LEA for which the account was established and, on a parity basis with all other

29

accounts, to defaults on any loans or city, town, or LEA obligations outstanding; and

30

     (6) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or

31

otherwise as provided in chapter 45-38.1, any bonds of the corporation.

32

     (c) The repayment obligations of the a city, town, or LEA shall be in accordance with its

33

eligibility for state aid for school housing as set forth in regulations promulgated by the

34

department. Notwithstanding any provision of law to the contrary, any recipient of financial

 

LC002168 - Page 122 of 570

1

assistance under this program shall be entitled to the percentage of state aid available to the

2

community in which the school is located.

3

      (d) In addition to other remedies of the corporation under any loan agreement or

4

otherwise provided by law, the corporation may also recover from a city, town or LEA, in an

5

action in superior court, any amount due the corporation together with any other actual damages

6

the corporation shall have sustained from the failure or refusal of the city, town, or LEA to make

7

the payments or abide by the terms of the loan agreement.

8

     (e) Within ninety (90) days after the end of each fiscal year, the corporation shall submit

9

an annual report to the governor, the speaker of the house of representatives, the president of the

10

senate, and the secretary of state of its activities during that fiscal year. The report shall provide: a

11

summary of the corporation's meetings including when the corporation met, subjects addressed,

12

decisions rendered and meeting minutes; a summary of the corporation's actions including a

13

listing of rules, regulations, or procedures adopted or amended, applications received for financial

14

assistance for contracts or agreements entered into, applications and intended use plans submitted

15

to federal agencies for capitalization grants, properties acquired or leased, and bonds issued; a

16

synopsis of any complaints, suspensions, or other legal matters related to the authority of the

17

corporation; a consolidated financial statement of all funds received and disbursed by the

18

corporation including the source of and recipient of the funds which shall be audited by an

19

independent certified public accountant firm; copies of audits or reports required under federal

20

law; a listing of the staff and/or consultants employed by the corporation; a listing of findings and

21

recommendation derived from corporation activities; and a summary of performance during the

22

previous fiscal year including accomplishments, shortcomings and remedies. The report shall be

23

posted as prescribed in § 42-20-8.2. The director of the department of administration shall be

24

responsible for the enforcement of this provision. The initial report shall be due no later than

25

January 1, 2016.

26

     45-38.2-4. Payment of state funds.-- (a) Subject to the provisions of subsection (b),

27

upon the written request of the corporation, the general treasurer shall pay to the corporation,

28

from time to time, from the proceeds of any bonds or notes issued by the state for the purposes of

29

this chapter or funds otherwise lawfully payable to the corporation for the purposes of this

30

chapter, such amounts as shall have been appropriated or lawfully designated for the fund. All

31

amounts so paid shall be credited to the fund in addition to any other amounts credited or

32

expected to be credited to the fund.

33

     (b) The corporation and the state shall enter into, execute, and deliver one or more

34

agreements setting forth or otherwise determining the terms, conditions, and procedures for, and

 

LC002168 - Page 123 of 570

1

the amount, time, and manner of payment of, all amounts available from the state to the

2

corporation under this section.

3

     (c) Notwithstanding city charter provisions to the contrary, up to five hundred thousand

4

dollars ($500,000) may be loaned to a city or town without the requirement of voter approval.

5

     (d) The corporation is authorized to grant a district or municipality its state share of an

6

approved project cost, pursuant to § 16-7-39. Construction pay-as-you-go grants received from

7

the school building authority capital fund shall not be considered a form of indebtedness subject

8

to the provisions of § 16-7-44.

9

     SECTION 5. This article shall take effect upon passage.

10

ARTICLE 10

11

RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2015

12

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

13

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

14

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

15

2015. The amounts identified for federal funds and restricted receipts shall be made available

16

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

17

purposes and functions hereinafter mentioned, the state controller is hereby authorized and

18

directed to draw his or her orders upon the general treasurer for the payment of such sums or such

19

portions thereof as may be required from time to time upon receipt by him or her of properly

20

authenticated vouchers.

21

FY 2015 FY 2015 FY 2015

22

Enacted Change Final

23

Administration

24

Central Management

25

General Revenues 1,594,772 1,000,654 2,595,426

26

Office of Digital Excellence 908,192 (262,207) 645,985

27

Total - Central Management 2,502,964 738,447 3,241,411

28

Legal Services

29

General Revenues 2,039,872 103,304 2,143,176

30

Total – Legal Services 2,039,872 103,304 2,143,176

31

Accounts and Control

32

General Revenues 3,973,748 (147,430) 3,826,318

33

Total - Accounts and Control 3,973,748 (147,430) 3,826,318

34

Office of Management and Budget

 

LC002168 - Page 124 of 570

1

General Revenues 4,018,136 179,271 4,197,407

2

Restricted Receipts 61,374 (8,093) 53,281

3

Total – Office of Management and Budget 4,079,510 171,178 4,250,688

4

Purchasing

5

General Revenues 2,670,956 (90,799) 2,580,157

6

Other Funds 308,496 8,885 317,381

7

Total – Purchasing 2,979,452 (81,914) 2,897,538

8

Auditing

9

General Revenues 1,434,565 (42,649) 1,391,916

10

Total – Auditing 1,434,565 (42,649) 1,391,916

11

Human Resources

12

General Revenues 7,830,548 (381,033) 7,449,515

13

Federal Funds 766,793 (37,988) 728,805

14

Restricted Receipts 461,639 (25,082) 436,557

15

Other Funds 1,547,079 (39,789) 1,507,290

16

Total - Human Resources 10,606,059 (483,892) 10,122,167

17

Personnel Appeal Board

18

General Revenues 75,216 43,855 119,071

19

Total – Personnel Appeal Board 75,216 43,855 119,071

20

Facilities Management

21

General Revenues 30,790,738 1,770,703 32,561,441

22

Federal Funds 1,155,237 53,867 1,209,104

23

Restricted Receipts 462,262 (81,243) 381,019

24

Other Funds 3,322,025 610,197 3,932,222

25

Total – Facilities Management 35,730,262 2,353,524 38,083,786

26

Capital Projects and Property Management

27

General Revenues 1,252,875 15,920 1,268,795

28

Total – Capital Projects and

29

Property Management 1,252,875 15,920 1,268,795

30

Information Technology

31

General Revenues 19,377,273 107,353 19,484,626

32

Federal Funds 6,631,482 (84,845) 6,546,637

33

Restricted Receipts 4,099,027 9,518,586 13,617,613

34

Other Funds 3,701,511 (969,907) 2,731,604

 

LC002168 - Page 125 of 570

1

Total – Information Technology 33,809,293 8,571,187 42,380,480

2

Library and Information Services

3

General Revenues 881,464 (4,094) 877,370

4

Federal Funds 1,184,567 74,427 1,258,994

5

Restricted Receipts 653 (473) 180

6

Total - Library and Information

7

Services 2,066,684 69,860 2,136,544

8

Planning

9

General Revenues 1,922,778 18,586 1,941,364

10

Federal Funds 12,561,957 6,730,727 19,292,684

11

Restricted Receipts 3,400,000 0 3,400,000

12

Other Funds

13

Federal Highway – PL Systems Planning 2,984,304 386,416 3,370,720

14

Air Quality Modeling 22,875 0 22,875

15

Total - Planning 20,891,914 7,135,729 28,027,643

16

General

17

General Revenues

18

Rhode Island Commerce Corporation 5,543,064 (126,200) 5,416,864

19

RICC – Airport Impact Aid 1,025,000 0 1,025,000

20

Sixty percent (60%) of the first one million dollars ($1,000,000) appropriated for airport impact

21

aid shall be distributed to each airport serving more than one million (1,000,000) passengers

22

based upon its percentage of the total passengers served by all airports serving more than

23

1,000,000 passengers. Forty percent (40%) of the first one million dollars ($1,000,000) shall be

24

distributed based on the share of landings during the calendar year 2014 at North Central Airport,

25

Newport-Middletown Airport, Block Island Airport, Quonset Airport, T.F. Green Airport and

26

Westerly Airport, respectively. The Rhode Island Commerce Corporation shall make an impact

27

payment to the towns or cities in which the airport is located based on this calculation. Each

28

community upon which any parts of the above airports are located shall receive at least twenty-

29

five thousand dollars ($25,000).

30

RICC – EPScore (Research Alliance) 1,150,000 0 1,150,000

31

Innovative Matching Grants 500,000 0 500,000

32

Miscellaneous Grants/Payments 146,049 0 146,049

33

Slater Centers of Excellence 150,000 (150,000) 0

34

Torts – Courts/Awards 400,000 0 400,000

 

LC002168 - Page 126 of 570

1

Current Care/Health Information Exchange 225,000 0 225,000

2

I-195 Commission 301,000 615,901 916,901

3

RI Film and Television Office 310,312 8,410 318,722

4

State Employees/Teachers Retiree Health Subsidy 2,321,057 0 2,321,057

5

Resource Sharing and State Library Aid 8,773,398 0 8,773,398

6

Library Construction Aid 2,331,057 0 2,331,057

7

Chafee Center at Bryant 0 376,200 376,200

8

General Revenue Total 23,176,469 724,311 23,900,780

9

Federal Funds 4,345,555 0 4,345,555

10

Restricted Receipts 421,500 0 421,500

11

Other Funds

12

Rhode Island Capital Plan Funds

13

Statehouse Renovations 3,000,000 (2,615,000) 385,000

14

DoIT Enterprise Operations Center 250,000 50,000 300,000

15

Cranston Street Armory 2,000,000 (1,050,000) 950,000

16

Cannon Building 440,000 (75,000) 365,000

17

Zambarano Building Rehabilitation 500,000 500,000 1,000,000

18

Pastore Center Rehab DOA Portion 3,150,000 (350,000) 2,800,000

19

Old State House 1,445,000 175,000 1,620,000

20

State Office Building 1,700,000 (1,273,000) 427,000

21

Old Colony House 100,000 78,472 178,472

22

William Powers Building 1,475,000 1,025,000 2,500,000

23

Fire Code Compliance State Buildings 500,000 (500,000) 0

24

Pastore Center Fire Code Compliance 1,300,000 (1,300,000) 0

25

Pastore Center Utility Systems Upgrade 2,600,000 (1,803,002) 796,998

26

Replacement of Fueling Tanks 300,000 162,000 462,000

27

Environmental Compliance 200,000 0 200,000

28

Big River Management Area 120,000 0 120,000

29

Pastore Center Building Demolition 1,000,000 329,155 1,329,155

30

Washington County Government Center 225,000 85,000 310,000

31

Chapin Health Laboratory 1,250,000 (940,000) 310,000

32

Pastore Center Parking 890,000 482,015 1,372,015

33

Pastore Center Water Tanks 250,000 216,400 466,400

34

Pastore Cottages Rehabilitation 800,000 1,200,000 2,000,000

 

LC002168 - Page 127 of 570

1

Ladd Center Building Demolition 2,100,000 (820,000) 1,280,000

2

I-195 Commission 250,000 55,000 305,000

3

RI Convention Center Authority 1,000,000 109,716 1,109,716

4

Dunkin Donuts Center 1,387,500 328,420 1,715,920

5

Mathias 800,000 200,000 1,000,000

6

Pastore Center Power Plant 194,723 380,277 575,000

7

Harrington Hall Renovations 1,400,000 (687,580) 712,420

8

McCoy Stadium 150,000 0 150,000

9

Veterans Memorial Auditorium 1,370,099 (142,976) 1,227,123

10

Virks Building Renovations 400,000 119,475 519,475

11

Veterans Land Purchase 0 744,256 744,256

12

Zambarano Wood Chip Boiler 0 32,838 32,838

13

Statehouse Energy Management Improvements 0 420,000 420,000

14

Total – General 60,490,846 (4,139,223) 56,351,623

15

Debt Service Payments

16

General Revenues 168,055,031 (24,969,941) 143,085,090

17

Of the general revenue appropriation for debt service, the General Treasurer is authorized to

18

make payments for the I-195 Redevelopment District Commission loan up to the maximum debt

19

service due in accordance with the loan agreement.

20

Federal Funds 2,667,399 0 2,667,399

21

Restricted Receipts 21,339,305 (19,250,001) 2,089,304

22

Other Funds

23

Transportation Debt Service 26,828,667 19,352,125 46,180,792

24

Investment Receipts – Bond Funds 100,000 0 100,000

25

COPS - DLT Building – TDI 271,653 0 271,653

26

Total - Debt Service Payments 219,262,055 (24,867,817) 194,394,238

27

Energy Resources

28

Federal Funds 524,775 91,668 616,443

29

Restricted Receipts 5,215,426 5,007,354 10,222,780

30

Total – Energy Resources 5,740,201 5,099,022 10,839,223

31

Rhode Island Health Benefits Exchange

32

Federal Funds 23,433,222 29,068,828 52,502,050

33

Total - Rhode Island Health

34

Benefits Exchange 23,433,222 29,068,828 52,502,050

 

LC002168 - Page 128 of 570

1

Construction Permitting, Approvals and Licensing

2

General Revenues 1,483,525 (58,897) 1,424,628

3

Restricted Receipts 1,339,903 8,301 1,348,204

4

Total – Construction Permitting,

5

Approvals and Licensing 2,823,428 (50,596) 2,772,832

6

Office of Diversity, Equity, and Opportunity

7

General Revenues 777,197 111,742 888,939

8

Federal Funds 82,284 2,987 85,271

9

Total – Office of Diversity, Equity

10

and Opportunity 859,481 114,729 974,210

11

Statewide Personnel Adjustments

12

General Revenues (3,420,118) 3,420,118 0

13

Federal Funds (1,859,816) 1,859,816 0

14

Restricted Receipts (402,343) 402,343 0

15

Other Funds (2,603,414) 2,603,414 0

16

Total – Statewide Personnel Adjustments (8,285,691) 8,285,691 0

17

Grand Total – Administration 425,765,956 31,957,753 457,723,709

18

Business Regulation

19

Central Management

20

General Revenues 1,234,949 (45,426) 1,189,523

21

Total – Central Management 1,234,949 (45,426) 1,189,523

22

Banking Regulation

23

General Revenues 1,514,260 109,194 1,623,454

24

Restricted Receipts 50,000 (13,000) 37,000

25

Total – Banking Regulation 1,564,260 96,194 1,660,454

26

Securities Regulation

27

General Revenues 1,009,651 (83,390) 926,261

28

Restricted Receipts 3,500 0 3,500

29

Total - Securities Regulation 1,013,151 (83,390) 929,761

30

Insurance Regulation

31

General Revenues 3,883,238 (109,780) 3,773,458

32

Restricted Receipts 1,294,012 554,301 1,848,313

33

Total - Insurance Regulation 5,177,250 444,521 5,621,771

34

Office of the Health Insurance Commissioner

 

LC002168 - Page 129 of 570

1

General Revenues 507,142 (45,228) 461,914

2

Federal Funds 2,021,830 447,678 2,469,508

3

Restricted Receipts 10,500 0 10,500

4

Total – Office of the Health

5

Insurance Commissioner 2,539,472 402,450 2,941,922

6

Board of Accountancy

7

General Revenues 16,654 0 16,654

8

Total – Board of Accountancy 16,654 0 16,654

9

Commercial Licensing, Racing & Athletics

10

General Revenues 586,948 (40,369) 546,579

11

Restricted Receipts 583,111 62,760 645,871

12

Total - Commercial Licensing, Racing &

13

Athletics 1,170,059 22,391 1,192,450

14

Boards for Design Professionals

15

General Revenues 260,635 4,175 264,810

16

Total – Boards for Design

17

Professionals 260,635 4,175 264,810

18

Grand Total - Business Regulation 12,976,430 840,915 13,817,345

19

Executive Office of Commerce

20

Central Management

21

General Revenues 0 335,644 335,644

22

Grand Total – Executive Office of

23

Commerce 0 335,644 335,644

24

Labor and Training

25

Central Management

26

General Revenues 93,361 14,620 107,981

27

Restricted Receipts 337,854 272,346 610,200

28

Other Funds

29

Rhode Island Capital Plan Funds

30

Center General Building Roof 505,996 (505,996) 0

31

Center General Asset Protection 1,500,000 (750,000) 750,000

32

Total - Central Management 2,437,211 (969,030) 1,468,181

33

Workforce Development Services

34

General Funds 1,148,769 430,082 1,578,851

 

LC002168 - Page 130 of 570

1

Federal Funds 23,892,612 5,027,058 28,919,670

2

Restricted Receipts 9,644,795 4,905,256 14,550,051

3

Other Funds 75,000 36,458 111,458

4

Total - Workforce Development Services 34,761,176 10,398,854 45,160,030

5

Workforce Regulation and Safety

6

General Revenues 2,720,916 73,468 2,794,384

7

Total – Workforce Regulation and Safety 2,720,916 73,468 2,794,384

8

Income Support

9

General Revenues 4,317,409 (166,378) 4,151,031

10

Federal Funds 18,291,060 4,240,107 22,531,167

11

Restricted Receipts

12

Restricted Receipts 2,146,562 1,416,712 3,563,274

13

Job Development Fund 20,460,000 3,589,156 24,049,156

14

Other Funds

15

Temporary Disability

16

Insurance Fund 198,485,516 (7,903,649) 190,581,867

17

Employment Security Fund 218,620,120 (34,374,230) 184,245,890

18

Total - Income Support 462,320,667 (33,198,282) 429,122,385

19

Injured Workers Services

20

Restricted Receipts 8,951,372 (305,891) 8,645,481

21

Total – Injured Workers Services 8,951,372 (305,891) 8,645,481

22

Labor Relations Board

23

General Revenues 388,648 (6,958) 381,690

24

Total - Labor Relations Board 388,648 (6,958) 381,690

25

Grand Total - Labor and Training 511,579,990 (24,007,839) 487,572,151

26

Department of Revenue

27

Director of Revenue

28

General Revenues 1,122,100 (8,034) 1,114,066

29

Total – Director of Revenue 1,122,100 (8,034) 1,114,066

30

Office of Revenue Analysis

31

General Revenues 564,334 (18,968) 545,366

32

Total – Office of Revenue Analysis 564,334 (18,968) 545,366

33

Lottery Division

34

Lottery Funds 342,306,302 (11,997,561) 330,308,741

 

LC002168 - Page 131 of 570

1

Other Funds

2

Rhode Island Capital Plan Funds

3

Lottery Building Renovations 0 283,377 283,377

4

Total – Lottery Division 342,306,302 (11,714,184) 330,592,118

5

Municipal Finance

6

General Revenues 2,256,992 22,041 2,279,033

7

Total – Municipal Finance 2,256,992 22,041 2,279,033

8

Taxation

9

General Revenues 18,930,344 (561,208) 18,369,136

10

Federal Funds 1,294,330 518,098 1,812,428

11

Restricted Receipts 878,210 (25,553) 852,657

12

Other Funds

13

Motor Fuel Tax Evasion 43,232 (27,084) 16,148

14

Temporary Disability Insurance 952,454 (46,254) 906,200

15

Total – Taxation 22,098,570 (142,001) 21,956,569

16

Registry of Motor Vehicles

17

General Revenues 18,826,844 (157,405) 18,669,439

18

Federal Funds 3,818,815 (939,077) 2,879,738

19

Restricted Receipts 2,200,596 (1,665,833) 534,763

20

Other Funds

21

Rhode Island Capital Plan Funds

22

Safety Emissions Lifts 0 259,000 259,000

23

Total – Registry of Motor Vehicles 24,846,255 (2,503,315) 22,342,940

24

State Aid

25

General Revenue

26

Distressed Communities Relief Fund 10,384,458 0 10,384,458

27

Payment in Lieu of Tax Exempt

28

Properties 40,080,409 0 40,080,409

29

Motor Vehicle Excise Tax Payments 10,000,000 0 10,000,000

30

Property Revaluation Program 633,209 63,191 696,500

31

Municipal Aid 5,000,000 166,266 5,166,266

32

Restricted Receipts 922,013 0 922,013

33

Total – State Aid 67,020,089 229,557 67,249,646

34

Grand Total – Revenue 460,214,642 (14,134,904) 446,079,738

 

LC002168 - Page 132 of 570

1

Legislature

2

General Revenues 36,429,671 2,803,742 39,233,413

3

Restricted Receipts 1,587,079 (71,761) 1,515,318

4

Grand Total – Legislature 38,016,750 2,731,981 40,748,731

5

Lieutenant Governor

6

General Revenues 1,015,084 (7,876) 1,007,208

7

Federal Funds 74,350 (34,216) 40,134

8

Restricted Receipts 0 17,500 17,500

9

Grand Total - Lieutenant Governor 1,089,434 (24,592) 1,064,842

10

Secretary of State

11

Administration

12

General Revenues 2,205,748 58,802 2,264,550

13

Total – Administration 2,205,748 58,802 2,264,550

14

Corporations

15

General Revenues 2,278,601 (35,919) 2,242,682

16

Total – Corporations 2,278,601 (35,919) 2,242,682

17

State Archives

18

General Revenues 69,266 85,810 155,076

19

Restricted Receipts 514,752 11,510 526,262

20

Total - State Archives 584,018 97,320 681,338

21

Elections & Civics

22

General Revenues 1,636,292 (40,557) 1,595,735

23

Federal Funds 0 34,123 34,123

24

Total – Elections & Civics 1,636,292 (6,434) 1,629,858

25

State Library

26

General Revenues 521,178 22,359 543,537

27

Total – State Library 521,178 22,359 543,537

28

Office of Public Information

29

General Revenues 626,118 (131,691) 494,427

30

Restricted Receipts 15,000 0 15,000

31

Other Funds

32

Rhode Island Capital Plan Fund

33

Charter Encasement 500,000 (436,246) 63,754

34

Total – Office of Public Information 1,141,118 (567,937) 573,181

 

LC002168 - Page 133 of 570

1

Grand Total – Secretary of State 8,366,955 (431,809) 7,935,146

2

General Treasurer

3

Treasury

4

General Revenues 2,206,467 (12,678) 2,193,789

5

Federal Funds 270,861 (2,529) 268,332

6

Restricted Receipts 37,651 (37,651) 0

7

Other Funds

8

Temporary Disability Insurance Fund 220,608 (1,614) 218,994

9

Total – Treasury 2,735,587 (54,472) 2,681,115

10

State Retirement System

11

Restricted Receipts

12

Admin Expenses - State Retirement System 9,308,412 719,712 10,028,124

13

Retirement - Treasury Investment Operations 1,265,045 (167,087) 1,097,958

14

Defined Contribution – Administration 263,588 (22,866) 240,722

15

Total - State Retirement System 10,837,045 529,759 11,366,804

16

Unclaimed Property

17

Restricted Receipts 19,712,197 (82,568) 19,629,629

18

Total – Unclaimed Property 19,712,197 (82,568) 19,629,629

19

Crime Victim Compensation Program

20

General Revenues 225,638 (2,276) 223,362

21

Federal Funds 599,477 34,957 634,434

22

Restricted Receipts 1,131,949 (1,116) 1,130,833

23

Total - Crime Victim Compensation Program 1,957,064 31,565 1,988,629

24

Grand Total – General Treasurer 35,241,893 424,284 35,666,177

25

Board of Elections

26

General Revenues

27

General Revenues 2,145,127 (109,201) 2,035,926

28

Public Financing of General Elections 2,000,000 620,273 2,620,273

29

Grand Total - Board of Elections 4,145,127 511,072 4,656,199

30

Rhode Island Ethics Commission

31

General Revenues 1,581,205 37,678 1,618,883

32

Grand Total - Rhode Island Ethics

33

Commission 1,581,205 37,678 1,618,883

34

Office of Governor

 

LC002168 - Page 134 of 570

1

General Revenues

2

General Revenues 4,277,562 128,165 4,405,727

3

Contingency Fund 250,000 0 250,000

4

Grand Total – Office of Governor 4,527,562 128,165 4,655,727

5

Commission for Human Rights

6

General Revenues 1,193,083 28,680 1,221,763

7

Federal Funds 287,096 23,596 310,692

8

Grand Total - Commission for Human Rights 1,480,179 52,276 1,532,455

9

Public Utilities Commission

10

Federal Funds 87,733 0 87,733

11

Restricted Receipts 8,372,153 (29,000) 8,343,153

12

Grand Total - Public Utilities Commission 8,459,886 (29,000) 8,430,886

13

Office of Health and Human Services

14

Central Management

15

General Revenues 28,044,154 989,519 29,033,673

16

Federal Funds

17

Federal Funds 92,223,591 9,160,250 101,383,841

18

Federal Funds – Stimulus 312,000 (241,975) 70,025

19

Restricted Receipts 5,292,880 (107,552) 5,185,328

20

Total – Central Management 125,872,625 9,800,242 135,672,867

21

Medical Assistance

22

General Revenues

23

Managed Care 297,696,087 11,454,528 309,150,615

24

Hospitals 103,617,688 4,269,739 107,887,427

25

Nursing Facilities 81,024,113 6,923,087 87,947,200

26

Home and Community Based Services 23,835,759 9,769,250 33,605,009

27

Other Services 44,649,734 (342,013) 44,307,721

28

Pharmacy 51,770,620 1,313,949 53,084,569

29

Rhody Health 273,995,508 2,768,642 276,764,150

30

Federal Funds

31

Managed Care 317,716,679 9,632,706 327,349,385

32

Hospitals 102,962,352 5,272,656 108,235,008

33

Nursing Facilities 81,121,400 6,931,400 88,052,800

34

Home and Community Based Services 29,963,641 6,731,350 36,694,991

 

LC002168 - Page 135 of 570

1

Other Services 552,234,966 45,942,313 598,177,279

2

Pharmacy 32,003 980,274 1,012,277

3

Rhody Health 275,303,671 5,732,179 281,035,850

4

Special Education 19,000,000 0 19,000,000

5

Restricted Receipts 10,615,000 0 10,615,000

6

Total - Medical Assistance 2,265,539,221 117,380,060 2,382,919,281

7

Grand Total – Office of Health and

8

Human Services 2,391,411,846 127,180,302 2,518,592,148

9

Children, Youth, and Families

10

Central Management

11

General Revenues 4,609,150 572,007 5,181,157

12

Federal Funds 2,269,607 787,050 3,056,657

13

Total - Central Management 6,878,757 1,359,057 8,237,814

14

Children's Behavioral Health Services

15

General Revenues 5,895,388 (1,388,014) 4,507,374

16

Federal Funds 5,828,492 1,079,338 6,907,830

17

Other Funds

18

Rhode Island Capital Plan Funds

19

NAFI Center 21,494 176,966 198,460

20

Groden Center – Fire Towers 137,500 0 137,500

21

Various Repairs and

22

Improvements to Training School 1,154,000 201,000 1,355,000

23

Total - Children's Behavioral

24

Health Services 13,036,874 69,290 13,106,164

25

Juvenile Correctional Services

26

General Revenues 23,400,611 1,727,980 25,128,591

27

Federal Funds 271,588 86,544 358,132

28

Federal Funds – Stimulus 0 28,259 28,259

29

Other Funds

30

Rhode Island Capital Plan Funds

31

Thomas C. Slater Trng School Generators 213,837 213,163 427,000

32

Thomas C. Slater Trng School Maintenance

33

Building 535,000 0 535,000

34

Total - Juvenile Correctional Services 24,421,036 2,055,946 26,476,982

 

LC002168 - Page 136 of 570

1

Child Welfare

2

General Revenues

3

General Revenues 104,416,147 9,490,549 113,906,696

4

18 to 21 Year Olds 10,185,850 (768,088) 9,417,762

5

Federal Funds

6

Federal Funds 45,482,485 4,300,405 49,782,890

7

18 to 21 Year Olds 2,270,152 (815,733) 1,454,419

8

Federal Funds – Stimulus 446,340 200,748 647,088

9

Restricted Receipts 2,448,750 391,393 2,840,143

10

Other Funds

11

Rhode Island Capital Plan Funds

12

Fire Code Upgrades 850,000 (260,000) 590,000

13

Total - Child Welfare 166,099,724 12,539,274 178,638,998

14

Higher Education Incentive Grants

15

General Revenues 200,000 0 200,000

16

Total – Higher Education Incentive Grants 200,000 0 200,000

17

Grand Total - Children, Youth, and

18

Families 210,636,391 16,023,567 226,659,958

19

Health

20

Central Management

21

General Revenues 481,489 (140,020) 341,469

22

Federal Funds 8,071,320 (1,622,540) 6,448,780

23

Restricted Receipts 4,826,651 1,432,967 6,259,618

24

Total - Central Management 13,379,460 (329,593) 13,049,867

25

State Medical Examiner

26

General Revenues 1,931,511 60,394 1,991,905

27

Federal Funds 141,325 (1,403) 139,922

28

Total - State Medical Examiner 2,072,836 58,991 2,131,827

29

Environmental and Health Services Regulation

30

General Revenues 9,251,095 (183,458) 9,067,637

31

Federal Funds 5,924,339 (221,032) 5,703,307

32

Restricted Receipts 3,628,936 16,920 3,645,856

33

Total - Environmental and Health Services

34

Regulation 18,804,370 (387,570) 18,416,800

 

LC002168 - Page 137 of 570

1

Health Laboratories

2

General Revenues 6,130,022 344,606 6,474,628

3

Federal Funds 1,718,714 320,926 2,039,640

4

Federal Funds – Stimulus 6,500 (6,500) 0

5

Total - Health Laboratories 7,855,236 659,032 8,514,268

6

Public Health Information

7

General Revenues 1,559,128 (209,120) 1,350,008

8

Federal Funds 2,066,331 548,853 2,615,184

9

Total – Public Health Information 3,625,459 339,733 3,965,192

10

Community and Family Health and Equity

11

General Revenues 2,176,155 173,563 2,349,718

12

Federal Funds 40,748,562 2,706,426 43,454,988

13

Federal Funds - Stimulus 1,267,231 470,331 1,737,562

14

Restricted Receipts 26,137,670 69,269 26,206,939

15

Other Funds 0 69,050 69,050

16

Total – Community and Family

17

Health and Equity 70,329,618 3,488,639 73,818,257

18

Infectious Disease and Epidemiology

19

General Revenues 1,428,520 (162,355) 1,266,165

20

Federal Funds 5,150,071 (328,806) 4,821,265

21

Total – Infectious Disease and Epidemiology 6,578,591 (491,161) 6,087,430

22

Grand Total – Health 122,645,570 3,338,071 125,983,641

23

Human Services

24

Central Management

25

General Revenues 4,967,120 9,375 4,976,495

26

Federal Funds 3,777,064 397,351 4,174,415

27

Restricted Receipts 522,542 (2,311) 520,231

28

Total - Central Management 9,266,726 404,415 9,671,141

29

Child Support Enforcement

30

General Revenues 2,362,840 (101,121) 2,261,719

31

Federal Funds 5,877,595 646,698 6,524,293

32

Total – Child Support Enforcement 8,240,435 545,577 8,786,012

33

Individual and Family Support

34

General Revenues 24,413,085 (1,092,262) 23,320,823

 

LC002168 - Page 138 of 570

1

Federal Funds 117,893,777 4,013,522 121,907,299

2

Federal Funds – Stimulus 10,571,598 4,974,113 15,545,711

3

Restricted Receipts 340,431 513,585 854,016

4

Other Funds

5

Rhode Island Capital Plan Fund

6

Blind Vending Facilities 165,000 0 165,000

7

Intermodal Surface Transportation Fund 4,162,981 0 4,162,981

8

Total - Individual and Family Support 157,546,872 8,408,958 165,955,830

9

Veterans' Affairs

10

General Revenues 20,274,566 (487,398) 19,787,168

11

Federal Funds 7,481,344 1,095,996 8,577,340

12

Restricted Receipts 635,000 974,259 1,609,259

13

Total - Veterans' Affairs 28,390,910 1,532,857 29,923,767

14

Health Care Eligibility

15

General Revenues 8,226,587 405,386 8,631,973

16

Federal Funds 11,774,391 731,606 12,505,997

17

Total - Health Care Eligibility 20,000,978 1,136,992 21,137,970

18

Supplemental Security Income Program

19

General Revenues 18,579,280 (119,080) 18,460,200

20

Total - Supplemental Security

21

Income Program 18,579,280 (119,080) 18,460,200

22

Rhode Island Works

23

General Revenues

24

Child Care 9,668,635 0 9,668,635

25

Federal Funds 77,040,945 (623,141) 76,417,804

26

Total – Rhode Island Works 86,709,580 (623,141) 86,086,439

27

State Funded Programs

28

General Revenues

29

General Public Assistance 1,616,000 10,107 1,626,107

30

Of this appropriation, $210,000 shall be used for hardship contingency payments.

31

Federal Funds 300,692,138 (32,604,831) 268,087,307

32

Total - State Funded Programs 302,308,138 (32,594,724) 269,713,414

33

Elderly Affairs

34

General Revenues

 

LC002168 - Page 139 of 570

1

General Revenue 6,195,226 (121,230) 6,073,996

2

RIPAE 24,484 (24,484) 0

3

Care and Safety of the Elderly 958 342 1,300

4

Federal Funds 12,223,967 (241,474) 11,982,493

5

Restricted Receipts 299,336 (208,324) 91,012

6

Total – Elderly Affairs 18,743,971 (595,170) 18,148,801

7

Grand Total - Human Services 649,786,890 (21,903,316) 627,883,574

8

Behavioral Health, Developmental Disabilities, and Hospitals

9

Central Management

10

General Revenues 970,823 306,175 1,276,998

11

Federal Funds 539,262 (257,831) 281,431

12

Total - Central Management 1,510,085 48,344 1,558,429

13

Hospital and Community System Support

14

General Revenues 1,594,280 578,217 2,172,497

15

Restricted Receipts 934,379 (640,387) 293,992

16

Other Funds

17

Rhode Island Capital Plan Funds

18

Medical Center Rehabilitation 1,000,000 (11,903) 988,097

19

Community Facilities Fire Code 400,000 0 400,000

20

Total - Hospital and Community

21

System Support 3,928,659 (74,073) 3,854,586

22

Services for the Developmentally Disabled

23

General Revenues 111,028,105 711,397 111,739,502

24

Federal Funds 112,976,682 (986,675) 111,990,007

25

Restricted Receipts 1,977,450 (139,318) 1,838,132

26

Other Funds

27

Rhode Island Capital Plan Funds

28

DD Private Waiver 507,286 (253,643) 253,643

29

Regional Center Repair/Rehabilitation 400,000 0 400,000

30

MR Community Facilities/Access to Ind. 500,000 0 500,000

31

Total - Services for the Developmentally

32

Disabled 227,389,523 (668,239) 226,721,284

33

Behavioral Healthcare Services

34

General Revenues 1,980,322 312,262 2,292,584

 

LC002168 - Page 140 of 570

1

Federal Funds

2

Federal Funds 14,581,527 1,786,618 16,368,145

3

Substance Abuse Prevention Task Forces 900,000 0 900,000

4

NAMI of RI 128,000 0 128,000

5

Restricted Receipts 125,000 (25,000) 100,000

6

Other Funds

7

Rhode Island Capital Plan Funds

8

MH Community Facilities Repair 400,000 0 400,000

9

MH Housing Development Thresholds 800,000 0 800,000

10

Substance Abuse Asset Production 100,000 0 100,000

11

Total – Behavioral Healthcare Services 19,014,849 2,073,880 21,088,729

12

Hospital and Community Rehabilitative Services

13

General Revenues 51,963,343 (648,548) 51,314,795

14

Federal Funds 52,031,533 (547,142) 51,484,391

15

Restricted Receipts 6,571,834 (12,982) 6,558,852

16

Other Funds

17

Rhode Island Capital Plan Funds

18

Zambarano Buildings and Utilities 150,000 37,680 187,680

19

BHDDH Administrative Buildings 2,000,000 (1,000,000) 1,000,000

20

MR Community Facilities 950,000 0 950,000

21

Hospital Consolidation 0 99,095 99,095

22

Total - Hospital and Community

23

Rehabilitative Services 113,666,710 (2,071,897) 111,594,813

24

Grand Total – Behavioral Healthcare,

25

Developmental Disabilities, and Hospitals 365,509,826 (691,985) 364,817,841

26

Office of the Child Advocate

27

General Revenues 611,817 21,337 633,154

28

Federal Funds 50,000 0 50,000

29

Grand Total – Office of the Child Advocate 661,817 21,337 683,154

30

Commission on the Deaf and Hard of Hearing

31

General Revenues 394,279 4,462 398,741

32

Restricted Receipts 80,000 0 80,000

33

Grand Total – Com on Deaf and Hard of

34

Hearing 474,279 4,462 478,741

 

LC002168 - Page 141 of 570

1

Governor's Commission on Disabilities

2

General Revenues 358,275 (1,134) 357,141

3

Federal Funds 141,350 164,174 305,524

4

Restricted Receipts 9,177 754 9,931

5

Other Funds

6

Rhode Island Capital Plan Funds

7

Handicapped Accessibility 1,000,000 (100,000) 900,000

8

Grand Total - Governor's Commission on

9

Disabilities 1,508,802 63,794 1,572,596

10

Office of the Mental Health Advocate

11

General Revenues 495,010 11,068 506,078

12

Grand Total - Office of the Mental Health

13

Advocate 495,010 11,068 506,078

14

Elementary and Secondary Education

15

Administration of the Comprehensive Education Strategy

16

General Revenues 20,418,574 (227,819) 20,190,755

17

Federal Funds

18

Federal Funds 192,750,465 1,760,075 194,510,540

19

Federal Funds – Stimulus 7,727,747 7,851,905 15,579,652

20

RTTT LEA Share 6,379,521 (4,532,120) 1,847,401

21

Restricted Receipts

22

Restricted Receipts 1,269,741 (265,415) 1,004,326

23

HRIC Adult Education Grants 3,500,000 0 3,500,000

24

Other Funds

25

Rhode Island Capital Plan Funds

26

State-Owned Cranston 400,000 0 400,000

27

State-Owned Warwick 950,000 0 950,000

28

State-Owned Woonsocket 1,844,364 (844,364) 1,000,000

29

Total – Administration of the

30

Comprehensive Education Strategy 235,240,412 3,742,262 238,982,674

31

Davies Career and Technical School

32

General Revenues 12,240,174 (16,796) 12,223,378

33

Federal Funds

34

Federal Funds 1,319,532 106,085 1,425,617

 

LC002168 - Page 142 of 570

1

Federal Funds – Stimulus 42,099 44,468 86,567

2

Restricted Receipts 4,050,538 5,687 4,056,225

3

Other Funds

4

Rhode Island Capital Plan Funds

5

Davies HVAC 1,237,345 262,655 1,500,000

6

Davies Asset Protection 194,962 625,038 820,000

7

Total - Davies Career and Technical

8

School 19,084,650 1,027,137 20,111,787

9

RI School for the Deaf

10

General Revenues 5,929,824 (36,365) 5,893,459

11

Federal Funds 221,056 51,481 272,537

12

Federal Funds – Stimulus 55,514 37,244 92,758

13

Restricted Receipts 558,248 65,768 624,016

14

Other Funds 59,000 0 59,000

15

Total - RI School for the Deaf 6,823,642 118,128 6,941,770

16

Metropolitan Career and Technical School

17

General Revenues 10,501,360 0 10,501,360

18

Other Funds

19

Rhode Island Capital Plan Funds

20

MET Asset Protection 100,000 502 100,502

21

MET School HVAC 1,160,657 636,236 1,796,893

22

MET School East Bay 0 93,176 93,176

23

Total – Metropolitan Career and

24

Technical School 11,762,017 729,914 12,491,931

25

Education Aid

26

General Revenues 758,820,708 (160,151) 758,660,557

27

Restricted Receipts 17,575,445 624,521 18,199,966

28

Other Funds

29

Permanent School Fund – Education Aid 300,000 0 300,000

30

Total – Education Aid 776,696,153 464,370 777,160,523

31

Central Falls School District

32

General Revenues 39,010,583 0 39,010,583

33

Total – Central Falls School District 39,010,583 0 39,010,583

34

Housing Aid

 

LC002168 - Page 143 of 570

1

General Revenues 67,949,504 150,568 68,100,072

2

Total – Housing Aid 67,949,504 150,568 68,100,072

3

Teachers' Retirement

4

General Revenues 89,529,396 (524,347) 89,005,049

5

Total – Teachers’ Retirement 89,529,396 (524,347) 89,005,049

6

Grand Total - Elementary and Secondary

7

Education 1,246,096,357 5,708,032 1,251,804,389

8

Public Higher Education

9

Office of Postsecondary Commissioner

10

General Revenues 4,566,270 920,678 5,486,948

11

Federal Funds 5,092,287 7,500 5,099,787

12

Total - Office of Postsecondary

13

Commissioner 9,658,557 928,178 10,586,735

14

University of Rhode Island

15

General Revenues

16

General Revenues 69,292,680 (331,798) 68,960,882

17

The University of Rhode Island shall maintain tuition charges in the 2014 – 2015 academic

18

year at the same level as the 2013 – 2014 academic year. The University shall not decrease

19

internal student financial aid in the 2014 – 2015 academic year below the level of the 2013 –

20

2014 academic year. The President of the institution shall report, prior to the commencement of

21

the 2014 – 2015 academic year, to the chair of the Rhode Island Board of Education that such

22

tuition charges and student aid levels have been achieved at the start of FY 2015 as prescribed

23

above.

24

Debt Service 20,903,400 (1,738,501) 19,164,899

25

State Crime Lab 1,035,888 (7,314) 1,028,574

26

Other Funds

27

University and College Funds 612,113,492 (9,671,582) 602,441,910

28

Debt – Dining Services 1,110,746 (1,500) 1,109,246

29

Debt – Education and General 3,180,567 3,799 3,184,366

30

Debt – Health Services 136,814 (700) 136,114

31

Debt – Housing Loan Funds 10,625,414 (38,001) 10,587,413

32

Debt – Memorial Union 314,538 3,800 318,338

33

Debt – Ryan Center 2,798,531 (1,598) 2,796,933

34

Debt – Alton Jones Services 103,078 122 103,200

 

LC002168 - Page 144 of 570

1

Debt - Parking Authority 949,029 (14,000) 935,029

2

Debt – Sponsored Research 94,572 (77,905) 16,667

3

Debt – Energy Conservation 2,460,718 0 2,460,718

4

Rhode Island Capital Plan Funds

5

Asset Protection 7,520,000 0 7,520,000

6

Fire and Safety Protection 3,250,000 1,950,000 5,200,000

7

Nursing Education Center 700,000 (700,000) 0

8

URI/RIC Nursing Education Center 0 691,714 691,714

9

White Hall Renovations 0 1,325,000 1,325,000

10

Electric Substation 7,000,000 (1,200,000) 5,800,000

11

Biotechnology Center 0 181,100 181,100

12

Total – University of Rhode Island 743,589,467 (9,627,364) 733,962,103

13

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

14

unencumbered balances as of June 30, 2015 relating to the University of Rhode Island are hereby

15

reappropriated to fiscal year 2016.

16

Rhode Island College

17

General Revenues

18

General Revenues 42,911,103 (259,499) 42,651,604

19

Rhode Island College shall maintain tuition charges in the 2014 – 2015 academic year at

20

the same level as the 2013 – 2014 academic year. The College shall not decrease internal student

21

financial aid in the 2014 – 2015 academic year below the level of the 2013 – 2014 academic year.

22

The President of the institution shall report, prior to the commencement of the 2014 – 2015

23

academic year, to the chair of the Rhode Island Board of Education that such tuition charges and

24

student aid levels have been achieved at the start of FY 2015 as prescribed above.

25

Debt Service 4,450,296 (900,535) 3,549,761

26

Other Funds

27

University and College Funds 112,190,914 3,517,171 115,708,085

28

Debt – Education and General 883,664 0 883,664

29

Debt – Housing 2,054,108 (1) 2,054,107

30

Debt – Student Center and Dining 172,600 0 172,600

31

Debt – Student Union 234,963 (1) 234,962

32

Debt – G.O. Debt Service 1,641,626 0 1,641,626

33

Rhode Island Capital Plan Funds

34

Asset Protection 2,963,548 792,274 3,755,822

 

LC002168 - Page 145 of 570

1

Infrastructure Modernization 3,871,317 593,653 4,464,970

2

Total – Rhode Island College 171,374,139 3,743,062 175,117,201

3

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

4

unencumbered balances as of June 30, 2015 relating to Rhode Island College are hereby

5

reappropriated to fiscal year 2016.

6

Community College of Rhode Island

7

General Revenues

8

General Revenues 45,882,495 (339,741) 45,542,754

9

The Community College of Rhode Island College shall maintain tuition charges in the 2014

10

– 2015 academic year at the same level as the 2013 – 2014 academic year. The Community

11

College shall not decrease internal student financial aid in the 2014 – 2015 academic year below

12

the level of the 2013 – 2014 academic year. The President of the institution shall report, prior to

13

the commencement of the 2014 – 2015 academic year, to the chair of the Rhode Island Board of

14

Education that such tuition charges and student aid levels have been achieved at the start of FY

15

2015 as prescribed above.

16

Debt Service 1,912,779 0 1,912,779

17

Restricted Receipts 644,000 0 644,000

18

Other Funds

19

University and College Funds 102,754,282 173,751 102,928,033

20

Debt – Bookstore 27,693 0 27,693

21

CCRI Debt Service – Energy Conservation 807,475 0 807,475

22

Rhode Island Capital Plan Funds

23

Asset Protection 2,138,305 (48,306) 2,089,999

24

Knight Campus Renewal 2,000,000 77,770 2,077,770

25

Total – Community College of RI 156,167,029 (136,526) 156,030,503

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 – Public Higher

30

Education 1,080,789,192 (5,092,650) 1,075,696,542

31

RI State Council on the Arts

32

General Revenues

33

Operating Support 428,501 7,993 436,494

34

Grants 1,054,574 0 1,054,574

 

LC002168 - Page 146 of 570

1

Federal Funds 799,348 (63,802) 735,546

2

Other Funds

3

Arts for Public Facilities 632,536 113,836 746,372

4

Grand Total - RI State Council on the Arts 2,914,959 58,027 2,972,986

5

RI Atomic Energy Commission

6

General Revenues 913,197 (5,460) 907,737

7

Federal Funds 0 351,171 351,171

8

Other Funds

9

URI Sponsored Research 257,977 (1,797) 256,180

10

Rhode Island Capital Plan Funds

11

RINSC Asset Protection 100,000 (10,000) 90,000

12

Grand Total - RI Atomic Energy Commission 1,271,174 333,914 1,605,088

13

RI Higher Education Assistance Authority

14

General Revenues

15

Authority Operations and Other Grants 147,000 0 147,000

16

Federal Funds

17

Federal Funds 10,680,967 (4,062,864) 6,618,103

18

WaytogoRI Portal 650,000 25,000 675,000

19

Guaranty Agency Reserve Fund 4,134,726 (4,134,726) 0

20

The $4,134,726 expended from the Guaranty Agency Reserve Fund shall be used for RIHEAA

21

need-based grants and scholarships.

22

Other Funds

23

Tuition Savings Program – Needs Based

24

Grants & Work Opportunities 8,000,000 0 8,000,000

25

Tuition Savings Program – Administration 334,268 58,259 392,527

26

Grand Total – RI Higher Education

27

Assistance Authority 23,946,961 (8,114,331) 15,832,630

28

RI Historical Preservation and Heritage Commission

29

General Revenues 1,320,610 (114,503) 1,206,107

30

Federal Funds 2,183,588 71,707 2,255,295

31

Restricted Receipts 434,910 (6,280) 428,630

32

Other Funds

33

RIDOT – Project Review 70,868 (319) 70,549

34

Rhode Island Capital Plan Fund

 

LC002168 - Page 147 of 570

1

Eisenhower House Asset Protection 1,900,000 220,000 2,120,000

2

Grand Total – RI Historical Preservation

3

and Heritage Commission 5,909,976 170,605 6,080,581

4

Attorney General

5

Criminal

6

General Revenues 14,475,192 387,953 14,863,145

7

Federal Funds 1,634,631 1,044,998 2,679,629

8

Restricted Receipts 10,332,721 1,497,325 11,830,046

9

Total – Criminal 26,442,544 2,930,276 29,372,820

10

Civil

11

General Revenues 4,816,217 495,088 5,311,305

12

Restricted Receipts 917,187 (44,318) 872,869

13

Total – Civil 5,733,404 450,770 6,184,174

14

Bureau of Criminal Identification

15

General Revenues 1,542,124 33,759 1,575,883

16

Total – Bureau of Criminal

17

Identification 1,542,124 33,759 1,575,883

18

General

19

General Revenues 2,773,613 20,122 2,793,735

20

Other Funds

21

Rhode Island Capital Plan Fund

22

Building Renovations and Repairs 300,000 (50,000) 250,000

23

Total – General 3,073,613 (29,878) 3,043,735

24

Grand Total - Attorney General 36,791,685 3,384,927 40,176,612

25

Corrections

26

Central Management

27

General Revenues 9,070,974 (68,285) 9,002,689

28

Federal Funds 117,996 350,491 468,487

29

Restricted Receipts 344,240 0 344,240

30

Total – Central Management 9,533,210 282,206 9,815,416

31

Parole Board

32

General Revenues 1,275,799 32,947 1,308,746

33

Federal Funds 38,000 2,764 40,764

34

Total – Parole Board 1,313,799 35,711 1,349,510

 

LC002168 - Page 148 of 570

1

Custody and Security

2

General Revenues 118,747,911 5,992,661 124,740,572

3

Federal Funds 810,713 (238,727) 571,986

4

Total – Custody and Security 119,558,624 5,753,934 125,312,558

5

Institutional Support

6

General Revenues 15,726,066 313,021 16,039,087

7

Other Funds

8

Rhode Island Capital Plan Fund

9

Asset Protection 3,750,000 (450,000) 3,330,000

10

Maximum – General Renovations 715,433 650,838 1,366,271

11

General Renovations – Women’s 850,000 150,000 1,000,000

12

Bernadette Guay Roof 1,203,112 (453,112) 750,000

13

ISC Exterior Envelope and

14

HVAC 3,933,749 (1,933,749) 2,000,000

15

Minimum Security Kitchen

16

Expansion 4,160,392 (1,160,392) 3,000,000

17

Medium Infrastructure 4,833,931 (1,833,931) 3,000,000

18

Dix-Building Plumbing and Bathroom

19

Renovations 80,821 72,340 153,161

20

D Building State Match – Reintegration C 0 100,000 100,000

21

Total - Institutional Support 35,253,504 (4,544,985) 30,708,519

22

Institutional Based Rehab./Population Management

23

General Revenues 8,972,305 331,346 9,303,651

24

Federal Funds 619,476 233,308 852,784

25

Restricted Receipts 29,164 0 29,164

26

Total – Institutional Based Rehab/Pop/Mgt. 9,620,945 564,654 10,185,599

27

Healthcare Services

28

General Revenue 18,916,896 2,039,231 20,956,127

29

Total – Healthcare Services 18,916,896 2,039,231 20,956,127

30

Community Corrections

31

General Revenues 15,035,529 (122,973) 14,912,556

32

Federal Funds 68,518 6,861 75,379

33

Restricted Receipts 25,475 5,524 30,999

34

Total – Community Corrections 15,129,522 (110,588) 15,018,934

 

LC002168 - Page 149 of 570

1

Grand Total – Corrections 209,326,500 4,020,163 213,346,663

2

Judiciary

3

Supreme Court

4

General Revenues

5

General Revenues 26,320,642 503,986 26,824,628

6

Defense of Indigents 3,542,240 0 3,542,240

7

Federal Funds 151,954 (31,327) 120,627

8

Restricted Receipts 2,465,781 796,563 3,262,344

9

Other Funds

10

Rhode Island Capital Plan Fund

11

Judicial HVAC 525,000 62,359 587,359

12

Judicial Complexes Asset

13

Protection 825,000 21,790 846,790

14

Total - Supreme Court 33,830,617 1,353,371 35,183,988

15

Judicial Tenure and Discipline

16

General Revenues 115,513 3,648 119,161

17

Total – Judicial Tenure and Discipline 115,513 3,648 119,161

18

Superior Court

19

General Revenues 22,144,027 549,128 22,693,155

20

Federal Funds 47,552 44,925 92,477

21

Restricted Receipts 302,378 (2,378) 300,000

22

Total - Superior Court 22,493,957 591,675 23,085,632

23

Family Court

24

General Revenues 19,245,592 1,163,196 20,408,788

25

Federal Funds 1,709,741 1,237,920 2,947,661

26

Total - Family Court 20,955,333 2,401,116 23,356,449

27

District Court

28

General Revenues 11,508,535 531,246 12,039,781

29

Federal Funds 0 30,000 30,000

30

Restricted Receipts 292,802 (123,551) 169,251

31

Total - District Court 11,801,337 437,695 12,239,032

32

Traffic Tribunal

33

General Revenues 8,760,119 (329,427) 8,430,692

34

Total – Traffic Tribunal 8,760,119 (329,427) 8,430,692

 

LC002168 - Page 150 of 570

1

Workers' Compensation Court

2

Restricted Receipts 7,712,640 (97,708) 7,614,932

3

Total – Workers’ Compensation Court 7,712,640 (97,708) 7,614,932

4

Grand Total – Judiciary 105,669,516 4,360,370 110,029,886

5

Military Staff

6

General Revenues 1,842,096 322,839 2,164,935

7

Federal Funds 14,779,178 (260,581) 14,518,597

8

Restricted Receipts 442,800 (54,500) 388,300

9

Other Funds

10

Rhode Island Capital Plan Fund

11

Armory of Mounted Command Roof

12

Replacement 300,000 (50,000) 250,000

13

State Armories Fire Code Compliance 10,000 (10,000) 0

14

Asset Protection 700,000 0 700,000

15

Logistics/Maint. Facilities Fire Code Comp. 5,000 (5,000) 0

16

Benefit Street Arsenal Rehabilitation 375,000 412,260 787,260

17

Burrillville Regional Training Institute 0 22,150 22,150

18

Camp Fogarty Armory Roof 0 12,595 12,595

19

Grand Total – Military Staff 18,454,074 389,763 18,843,837

20

Public Safety

21

Central Management

22

General Revenues 1,176,284 24,904 1,201,188

23

Federal Funds 4,096,105 (110,505) 3,985,600

24

Restricted Receipts 20,000 (20,000) 0

25

Total – Central Management 5,292,389 (105,601) 5,186,788

26

E-911 Emergency Telephone System

27

General Revenues 5,428,479 (140,453) 5,288,026

28

Total - E-911 Emergency Telephone System 5,428,479 (140,453) 5,288,026

29

State Fire Marshal

30

General Revenues 2,746,455 (1,794) 2,744,661

31

Federal Funds 94,000 640,803 734,803

32

Restricted Receipts 498,854 49,223 548,077

33

Other Funds

34

Rhode Island Capital Plan Funds

 

LC002168 - Page 151 of 570

1

Fire Academy 1,934,500 (933,513) 1,000,987

2

Quonset Development Corp 57,335 964 58,299

3

Total - State Fire Marshal 5,331,144 (244,317) 5,086,827

4

Security Services

5

General Revenues 21,751,650 (5,539) 21,746,111

6

Total – Security Services 21,751,650 (5,539) 21,746,111

7

Municipal Police Training Academy

8

General Revenues 245,379 15,753 261,132

9

Federal Funds 397,400 (187,780) 209,620

10

Total - Municipal Police Training Academy 642,779 (172,027) 470,752

11

State Police

12

General Revenues 63,945,787 2,791,974 66,737,761

13

Federal Funds 2,306,770 874,064 3,180,834

14

Restricted Receipts 12,345,000 (3,369,651) 8,975,349

15

Oher Funds

16

Rhode Island Capital Plan Fund

17

Barracks and Training 4,127,659 (3,127,659) 1,000,000

18

Headquarters Repairs/Rehabilitation 737,800 113,029 850,829

19

HQ Expansion (NG Facilities) 0 175,000 175,000

20

Traffic Enforcement - Municipal Training 134,500 (134,500) 0

21

Lottery Commission Assistance 1,399,683 54,339 1,454,022

22

Airport Corporation 176,206 204,580 380,786

23

Road Construction Reimbursement 2,935,000 (119,792) 2,815,208

24

Total - State Police 88,108,405 (2,538,616) 85,569,789

25

Grand Total – Public Safety 126,554,846 (3,206,553) 123,348,293

26

Office of Public Defender

27

General Revenues 11,130,816 (82,145) 11,048,671

28

Federal Funds 248,864 (95,324) 153,540

29

Grand Total - Office of Public Defender 11,379,680 (177,469) 11,202,211

30

Emergency Management

31

General Revenues 1,959,858 (98,782) 1,861,076

32

Federal Funds 18,273,640 3,164,584 21,438,224

33

Restricted Receipts 221,729 (5,049) 216,680

34

Other Funds

 

LC002168 - Page 152 of 570

1

Rhode Island Capital Plan Fund

2

Hurricane Sandy Cleanup 167,000 87,943 254,943

3

Grand Total - Emergency Management 20,622,227 3,148,696 23,770,923

4

Environmental Management

5

Office of the Director

6

General Revenues

7

General Revenues 5,020,153 58,917 5,079,070

8

Permit Streamlining 33,414 (33,414) 0

9

Federal Funds 150,000 0 150,000

10

Restricted Receipts 2,884,372 624,511 3,508,883

11

Total – Office of the Director 8,087,939 650,014 8,737,953

12

Natural Resources

13

General Revenues 19,244,615 254,017 19,498,632

14

Federal Funds 21,348,128 2,015,583 23,363,711

15

Restricted Receipts 4,138,036 (7,320) 4,130,716

16

Other Funds

17

DOT Recreational Projects 1,114,278 228,228 1,342,506

18

Blackstone Bikepath Design 2,059,795 (216) 2,059,579

19

Transportation MOU 78,579 (229) 78,350

20

Rhode Island Capital Plan Funds

21

Dam Repair 1,500,000 (7,413) 1,492,587

22

Fort Adams Rehabilitation 300,000 0 300,000

23

Fort Adams America’s Cup 3,000,000 375,515 3,375,515

24

Recreational Facilities Improvements 3,500,000 (325,000) 3,175,000

25

Galilee Piers Upgrade 2,000,000 400,000 2,400,000

26

Newport Piers 100,000 0 100,000

27

World War II Facility 2,600,000 (770,000) 1,830,000

28

Blackstone Valley Bike Path 659,170 0 659,170

29

Rocky Point Acquisition/Renovations 3,400,000 317,036 3,717,036

30

Total - Natural Resources 65,042,601 2,480,201 67,522,802

31

Environmental Protection

32

General Revenues 11,241,923 285,697 11,527,620

33

Federal Funds 10,361,483 159,579 10,521,062

34

Restricted Receipts 8,912,581 (73,318) 8,839,263

 

LC002168 - Page 153 of 570

1

Other Funds

2

Transportation MOU 165,000 (266) 164,734

3

Total - Environmental Protection 30,680,987 371,692 31,052,679

4

Grand Total - Environmental

5

Management 103,811,527 3,501,907 107,313,434

6

Coastal Resources Management Council

7

General Revenues 2,185,538 127,305 2,312,843

8

Federal Funds 1,774,143 5,336,808 7,110,951

9

Restricted Receipts 250,000 0 250,000

10

Other Funds

11

Rhode Island Capital Plan Funds

12

South Coast Restoration Project 450,000 132,432 582,432

13

Shoreline Change Beach SAMP 300,000 (50,000) 250,000

14

Grand Total - Coastal Resources Mgmt.

15

Council 4,959,681 5,546,545 10,506,226

16

Transportation

17

Central Management

18

Federal Funds 9,199,986 (159,986) 9,040,000

19

Other Funds

20

Gasoline Tax 1,770,720 416,585 2,187,305

21

Total – Central Management 10,970,706 256,599 11,227,305

22

Management and Budget

23

Other Funds

24

Gasoline Tax 2,242,961 759,657 3,002,618

25

Total – Management and Budget 2,242,961 759,657 3,002,618

26

Infrastructure Engineering – GARVEE/Motor Fuel Tax Bonds

27

Federal Funds 325,726,490 (73,540,177) 252,186,313

28

Of these federal funds, $1,790,000 is appropriated to the Public Rail Corporation from CMAQ

29

federal funds for the payment of liability insurance.

30

Federal Funds – Stimulus 17,188,279 (7,393,825) 9,794,454

31

Restricted Receipts 12,352,761 (11,352,761) 1,000,000

32

Other Funds

33

Gasoline Tax 68,064,896 3,331,538 71,396,434

34

Municipal Revolving Loan Fund – Admin Costs 0 53,000 53,000

 

LC002168 - Page 154 of 570

1

Land Sale Revenue 21,300,002 (3,600,002) 17,700,000

2

Rhode Island Capital Plan Fund

3

RIPTA Land and Buildings 223,529 81,060 304,589

4

Highway Projects Match Plan 27,650,000 0 27,650,000

5

Total – Infrastructure Engineering

6

GARVEE/Motor Fuel Tax Bonds 472,505,957 (92,421,167) 380,084,790

7

Infrastructure Maintenance

8

Other Funds

9

Gasoline Tax 30,790,922 (16,817,804) 13,973,118

10

Non-Land Surplus Property 10,000 15,000 25,000

11

Outdoor Advertising 150,000 (50,000) 100,000

12

Rhode Island Highway Maintenance Account 0 35,034,115 35,034,115

13

Rhode Island Capital Plan Fund

14

Maintenance Facilities Improvements 500,000 (100,000) 400,000

15

Salt Storage Facilities 1,000,000 327,133 1,327,133

16

Portsmouth Facility 500,000 (500,000) 0

17

Maintenance Equipment Replacement 2,500,000 0 2,500,000

18

Train Station Maintenance and Repairs 200,000 65,648 265,648

19

Cooperative Maint. Facility DOT/RIPTA 3,500,000 (3,500,000) 0

20

Mass Transit Preliminary Conceptual Design 250,000 (250,000) 0

21

Total – Infrastructure Maintenance 39,400,922 14,224,092 53,625,014

22

Grand Total – Transportation 525,120,546 (77,180,819) 447,939,727

23

Statewide Totals

24

General Revenues 3,445,169,968 43,211,667 3,488,381,635

25

Federal Funds 3,086,526,049 53,969,865 3,140,495,914

26

Restricted Receipts 283,055,536 (4,841,235) 278,214,301

27

Other Funds 1,965,443,788 (33,050,246) 1,932,393,542

28

Statewide Grand Total 8,780,195,341 59,290,051 8,839,485,392

29

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

30

appropriation.

31

     SECTION 3. The general assembly authorizes the state controller to establish the internal

32

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

33

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

34

cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are

 

LC002168 - Page 155 of 570

1

managed in a businesslike manner, promote efficient use of services by making agencies pay the

2

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

3

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

4

costs of general government support. The controller is authorized to reimburse these accounts for

5

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

6

following expenditure limitations:

7

Account FY 2015 FY 2015 FY 2015

8

Enacted Change Final

9

State Assessed Fringe Benefit Internal Service

10

Fund 37,123,794 458,168 37,581,962

11

Administration Central Utilities Internal Service

12

Fund 14,244,902 2,691,098 16,936,000

13

State Central Mail Internal Service Fund 5,617,173 383,667 6,000,840

14

State Telecommunications Internal Service Fund 4,080,029 8,426 4,088,455

15

State Automotive Fleet Internal Service Fund 13,733,063 80,739 13,813,802

16

Surplus Property Internal Service Fund 2,500 0 2,500

17

Health Insurance Internal Service Fund 250,127,757 206,580 250,334,337

18

Other Post-Employment Benefits Fund 63,934,483 0 63,934,483

19

Capital Police Internal Service Fund 1,060,301 160,838 1,221,139

20

Corrections Central Distribution Center Internal

21

Service Fund 6,739,558 38,572 6,778,130

22

Correctional Industries Internal Service Fund 7,704,793 (428,472) 7,276,321

23

Secretary of State Record Center Internal

24

Service Fund 882,436 (8,414) 874,022

25

     SECTION 4. Departments and agencies listed below may not exceed the number of full-

26

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

27

not include seasonal or intermittent positions whose scheduled period of employment does not

28

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

29

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

30

individuals engaged in training, the completion of which is a prerequisite of employment.

31

Provided, however, that the Governor or designee, Speaker of the House of Representatives or

32

designee, and the President of the Senate or designee may authorize an adjustment to any

33

limitation. Prior to the authorization, the State Budget Officer shall make a detailed written

34

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

 

LC002168 - Page 156 of 570

1

copy of the recommendation and authorization to adjust shall be transmitted to the chairman of

2

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

3

Senate Fiscal Advisor.

4

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

5

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

6

state general revenue funding source.

7

FY 2015 FTE POSITION AUTHORIZATION

8

Departments and Agencies Full-Time Equivalent

9

Administration 710.7

10

Business Regulation 94.0 98.0

11

Executive Office of Commerce 5.0

12

Labor and Training 410.0

13

Revenue 505.0

14

Legislature 298.5

15

Office of the Lieutenant Governor 8.0

16

Office of the Secretary of State 57.0

17

Office of the General Treasurer 83.0

18

Board of Elections 11.0

19

Rhode Island Ethics Commission 12.0

20

Office of the Governor 45.0

21

Commission for Human Rights 14.5

22

Public Utilities Commission 50.0

23

Office of Health and Human Services 184.0

24

Children, Youth, and Families 670.5 672.5

25

Health 491.3

26

Human Services 959.1

27

Behavioral Health, Developmental Disabilities,

28

and Hospitals 1,422.4 1,420.4

29

Office of the Child Advocate 6.0

30

Commission on the Deaf and Hard of Hearing 3.0

31

Governor's Commission on Disabilities 4.0

32

Office of the Mental Health Advocate 3.7

33

Elementary and Secondary Education 154.9 158.4

34

School for the Deaf 60.0

 

LC002168 - Page 157 of 570

1

Davies Career and Technical School 126.0

2

Office of Postsecondary Commissioner 12.8 15.0

3

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

4

supported by third-party funds.

5

University of Rhode Island 2,456.5

6

Provided that 573.8 of the total authorization would be available only for positions that are

7

supported by third-party funds.

8

Rhode Island College 923.6

9

Provided that 82.0 of the total authorization would be available only for positions that are

10

supported by third-party funds.

11

Community College of Rhode Island 854.1

12

Provided that 94.0 of the total authorization would be available only for positions that are

13

supported by third-party funds.

14

Rhode Island State Council on the Arts 6.0

15

RI Atomic Energy Commission 8.6

16

Higher Education Assistance Authority 22.0

17

Historical Preservation and Heritage Commission 16.6

18

Office of the Attorney General 236.1

19

Corrections 1,419.0

20

Judicial 723.3

21

Military Staff 85.0

22

Public Safety 633.2

23

Office of the Public Defender 93.0

24

Emergency Management 32.0

25

Environmental Management 399.0

26

Coastal Resources Management Council 29.0

27

Transportation 752.6

28

Total 15,086.0 15,100.7

29

     SECTION 5. Notwithstanding any public laws to the contrary, on or before June 30, 2015

30

six million, three hundred seventy five thousand, four hundred thirty one dollars ($6,375,431) of

31

bond premium deposited into the Rhode Island Capital Plan Fund in FY 2015 shall be transferred

32

to the Information Technology Investment Fund established pursuant to § 42-11-2.5 to be used

33

solely to support the Unified Health Infrastructure Project.

34

     SECTION 6. This article shall take effect upon passage.

 

LC002168 - Page 158 of 570

1

ARTICLE 11

2

RELATING TO REVENUES

3

     SECTION 1. Section 42-64.3-6 of the General Laws in Chapter 42-64.3 entitled

4

“Distressed Areas Economic Revitalization Act” is hereby repealed.

5

     42-64.3-6. Business tax credits. -- A qualified business in an enterprise zone is allowed a

6

credit against the tax imposed pursuant to chapters 11, 13 (except the taxation of tangible

7

personal property under § 44-13-13), 14, 17, and 30 of title 44:

8

     (1) A credit equal to fifty percent (50%) of the total amount of wages paid to those

9

enterprise job employees comprising the five percent (5%) new jobs referenced in § 42-64.3-

10

3(4)(i)(A). The wages subject to the credit shall be reduced by any direct state or federal wage

11

assistance paid to employers for the employee(s) in the taxable year. The maximum credit

12

allowed per taxable year under the provisions of this subsection shall be two thousand five

13

hundred dollars ($2,500), per employee. A taxpayer who takes this business tax credit shall not be

14

eligible for the resident business owner modification pursuant to § 42-64.3-7.

15

     (2) A credit equal to seventy five percent (75%) of the total amount of wages paid to

16

those enterprise job employees who are domiciliaries of an enterprise zone comprising the five

17

percent (5%) new jobs referenced in § 42-64.3-3(4)(i)(A). The wages subject to the credit shall be

18

reduced by any direct state or federal wage assistance in the taxable year. The maximum credit

19

allowed per taxable year under the provisions of this subdivision shall be five thousand dollars

20

($5,000) per employee. A taxpayer who takes this business tax credit is not eligible for the

21

resident business owner modification. The council shall promulgate appropriate rules to certify

22

that the enterprise job employees are domiciliaries of an enterprise zone and shall advise the

23

qualified business and the tax administrator. A taxpayer taking a credit for employees pursuant to

24

this subdivision (2) shall not be entitled to a credit pursuant to subdivision (1) of this section for

25

the employees.

26

     (3) Any tax credit as provided in subdivision (1) or (2) of this section shall not reduce the

27

tax below the minimum tax. Fiscal year taxpayers must claim the tax credit in the year into which

28

the December 31st of the certification year falls. The credit shall be used to offset tax liability

29

pursuant to the provisions of either chapters 11, 13, 14, 17, or 30 of title 44, but not more than

30

one chapter.

31

     (4) In the case of a corporation, the credit allowed under this section is only allowed

32

against the tax of that corporation included in a consolidated return that qualifies for the credit

33

and not against the tax of other corporations that may join in the filing of a consolidated tax

34

return.

 

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1

     (5) In the case of multiple business owners, the credit provided in subdivision (1) or (2)

2

of this section is apportioned according to the ownership interests of the qualified business.

3

     (6) The tax credits established pursuant to this section may be carried forward for a

4

period of three (3) years if in each of the three (3) calendar years a business which has qualified

5

for tax credits under this section: (a) does not reduce the number of its employees from the last

6

Effective Date of Certification; (b) obtains certificates of good standing from the Rhode Island

7

division of taxation, the corporations division of the Rhode Island secretary of state and the

8

appropriate municipal tax collector; (c) provides the council an affidavit stating under oath that

9

this business has not within the preceding twelve (12) months changed its legal status for the

10

purpose of gaining favorable treatment under the provisions of chapter 64.3 of this title; and (d)

11

meets any other requirements as may be established by the council in its rules and regulations.

12

     SECTION 2. Section 42-64.3-7 of the General Laws in Chapter 42-64.3 entitled

13

“Distressed Areas Economic Revitalization Act” is hereby amended to read as follows:

14

     42-64.3-7. Resident business owner tax modification. -- (a) In computing his or her

15

annual tax liability pursuant to the provisions of chapter 11 or 30 of title 44, a domiciliary of an

16

enterprise zone who owns and operates a qualified business facility in that zone and which

17

business is not required to file under chapter 11, 13, 14 or 17 of title 44 may:

18

     (1) For the first three (3) years after certification, whether or not consecutive, deduct fifty

19

thousand dollars ($50,000) per year as a modification reducing federal adjusted gross income; and

20

     (2) For the fourth and fifth years after certification, whether or not consecutive, deduct

21

twenty-five thousand dollars ($25,000) per year as a modification reducing federal adjusted gross

22

income.

23

     (b) Any modification provided in subdivisions (1) and (2) of subsection (a) shall not be

24

available in taxable years other than the year in which the taxpayer qualifies for tax modification.

25

     (c) In the case of multiple business owners, the modifications provided in subdivisions

26

(1) and (2) of subsection (a) shall be apportioned according to the ownership interests of the

27

domiciliary owners of the qualified business.

28

     (d) A taxpayer who elects this modification shall not be eligible for the business tax

29

credits under § 42-64.3-6.

30

     SECTION 3. Sections 42-63.1-2, 42-63.1-3, 42-63.1-5 and 42-63.1-12 of the General

31

Laws in Chapter 42-63.1 entitled “Tourism and Development” are hereby amended to read as

32

follows:

33

     42-63.1-2. Definitions. -- For the purposes of this chapter:

34

     (1) "Consideration" means the monetary charge for the use of space devoted to transient

 

LC002168 - Page 160 of 570

1

lodging accommodations.

2

     (2) "Corporation" means the Rhode Island economic development corporation.

3

     (3) "District" means the regional tourism districts set forth in § 42-63.1-5.

4

     (4) "Hotel" means any facility offering a minimum of three (3) rooms for which the

5

public may, for a consideration, obtain transient lodging accommodations. The term "hotel" shall

6

include hotels, motels, tourist homes, tourist camps, lodging houses, and inns and shall exclude

7

schools, hospitals, sanitariums, nursing homes and chronic care centers. The term “hotel” shall

8

also include houses, condominiums or other residential dwelling units, regardless of the number

9

of rooms, which are used and/or advertised for rent for occupancy. The term “hotel” shall not

10

include schools, hospitals, sanitariums, nursing homes, and chronic care centers.

11

     (5) “Hosting Platform” means an electronic or operating system in which a person or

12

entity provides a means through which an owner may offer and accept payment for a residential

13

unit for “tourist or transient” use. This service is usually, though not necessarily, provided

14

through an online or web-based system which generally allows an owner to advertise the

15

residential unit through a hosted website and provides a means for a person or entity to arrange

16

tourist or transient use in exchange for payment, whether the person or entity pays rent directly to

17

the owner or to the hosting platform.

18

     (5)(6) "Occupancy" means a person, firm or corporation's use of space ordinarily used for

19

transient lodging accommodations not to exceed thirty (30) days. Excluded from "occupancy" is

20

the use of space for which the occupant has a written lease for the space, which lease covers a

21

rental period of twelve (12) months or more. Furthermore, any house, condominium or other

22

residential dwelling rented, for which the occupant has a written lease for the space covering a

23

rental period of more than thirty (30) consecutive days or for one calendar month is excluded

24

from the definition of occupancy.

25

     (6)(7) “Tax” means the hotel tax imposed by subsection 44-18-36.1(a).

26

     (8) “Owner” means any person who owns real property and is the owner of record.

27

Owner shall also include a lessee where the lessee is offering a residential unit for “tourist or

28

transient” use.

29

     (9) “Residential unit” means a room or rooms, including a condominium or a room or a

30

dwelling unit that forms part of a single, joint or shared tenant arrangement, in any building, or

31

portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied for non-

32

commercial use.

33

     (10) “Tour operators” means a person that derive a majority of their revenue by providing

34

tour operator packages.

 

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1

     (11) “Tour operator packages” means a travel package that include the services of a tour

2

guide and where the itinerary encompasses five (5) or more consecutive days.

3

     (12) “Tourist or transient” means any use of a residential unit for occupancy for less than

4

a thirty (30) consecutive day term of tenancy, or occupancy for less than thirty (30) consecutive

5

days of a residential unit leased or owned by a business entity, whether on a short-term or long-

6

terms basis, including any occupancy by employee or guests of a business entity for less than

7

thirty (30) consecutive days where payment for the residential unit is contracted for or paid by the

8

business entity.

9

     42-63.1-3. Distribution of tax. – (a) For returns and tax payments received on or before

10

June 30. 2015, Except except as provided in § 42-63.1-12, the proceeds of the hotel tax shall be

11

distributed as follows by the division of taxation and the city of Newport:

12

     (1) Forty-seven percent (47%) of the tax generated by the hotels in the district, except as

13

otherwise provided in this chapter, shall be given to the regional tourism district wherein the hotel

14

is located; provided, however, that from the tax generated by the hotels in the city of Warwick,

15

thirty-one percent (31%) of the tax shall be given to the Warwick regional tourism district

16

established in § 42-63.1-5(a)(5) and sixteen percent (16%) of the tax shall be given to the Greater

17

Providence-Warwick Convention and Visitors' Bureau established in § 42-63.1-11; and provided

18

further, that from the tax generated by the hotels in the city of Providence, sixteen percent (16%)

19

of that tax shall be given to the Greater Providence-Warwick Convention and Visitors' Bureau

20

established by § 42-63.1-11, and thirty-one percent (31%) of that tax shall be given to the

21

Convention Authority of the city of Providence established pursuant to the provisions of chapter

22

84 of the public laws of January, 1980; provided, however, that the receipts attributable to the

23

district as defined in § 42-63.1-5(a)(7) shall be deposited as general revenues;

24

     (2) Twenty-five percent (25%) of the hotel tax shall be given to the city or town where

25

the hotel, which generated the tax, is physically located, to be used for whatever purpose the city

26

or town decides.

27

     (3) Twenty-one (21%) of the hotel tax shall be deposited as general revenues and seven

28

percent (7%) to the Greater Providence-Warwick Convention and Visitors' Bureau.

29

     (b) For returns and tax payments received after June 30, 2015, except as provided in § 42-

30

63.1-12, the proceeds of the hotel tax shall be distributed as follows by the division of taxation

31

and the city of Newport:

32

     (1) For the tax generated by the hotels in the Aquidneck Island district, as defined in §

33

42-63.1-5, forty-seven percent (47%) of the tax shall be given to the Aquidneck Island district,

34

twenty-five (25%) of the tax shall be given to the city or town where the hotel, which generated

 

LC002168 - Page 162 of 570

1

the tax, is physically located, seven percent (7%) of the tax shall be given to the Greater

2

Providence-Warwick Convention and Visitors’ Bureau established in § 42-63.1-11, and twenty-

3

one percent (21%) of the tax shall be given to the Rhode Island commerce corporation established

4

in chapter 42-64.

5

     (2) For the tax generated by the hotels in the Providence district as defined in §42-63.1-5,

6

fifteen percent (15%) of the tax shall be given to the Providence district, twenty-five percent

7

(25%) of the tax shall be given to the city or town where the hotel, which generated the tax, is

8

physically located, twenty-three (23%) of the tax shall be given to the Greater Providence-

9

Warwick Convention and Visitors’ Bureau established in § 42-63.1-11, and thirty-seven percent

10

(37%) of the tax shall be given to the Rhode Island commerce corporation established in chapter

11

42-64.

12

     (3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5,

13

fifteen percent (15%) of the tax shall be given to the Warwick District, twenty-five percent (25%)

14

of the tax shall be given to the city or town where the hotel, which generated the tax, is physically

15

located, twenty-three percent (23%) of the tax shall be given to the Greater Providence-Warwick

16

Convention and Visitors’ Bureau established in § 42-63.1-11, and thirty-seven percent (37%) of

17

the tax shall be given to the Rhode Island commerce corporation established in chapter 42-64.

18

     (4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5,

19

twenty-five percent (25%) of the tax shall be given to the city or town where the hotel, which

20

generated the tax, is physically located, seven percent (7%) of the tax shall be given to the

21

Greater Providence-Warwick Convention and Visitors’ Bureau established in § 42-63.1-11, and

22

sixty-eight percent (68%) of the tax shall be given to the Rhode Island commerce corporation