H7454

	2016 -- H 7454
	========
	LC004502
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2016
	____________
	A N A C T
	MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL
	YEAR ENDING JUNE 30, 2017

	Introduced By: Representative Marvin L. Abney
	Date Introduced: February 03, 2016
	Referred To: House Finance
	(Governor)
	It is enacted by the General Assembly as follows:
1	ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2017
2	ARTICLE 2 RELATING TO PUBLIC FINANCE MANAGEMENT BOARD
3	ARTICLE 3 RELATING TO PUBLIC OFFICERS AND EMPLOYEES
4	ARTICLE 4 RELATING TO GOVERNMENT ORGANIZATION
5	ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM
6	ARTICLE 6 RELATING TO DEBT MANAGEMENT ACT RESOLUTION
7	ARTICLE 7 RELATING TO MEDICAID REFORM ACT OF 2008 RESOLUTION
8	ARTICLE 8 RELATING TO LICENSING OF HOSPITAL FACILITIES
9	ARTICLE 9 RELATING TO MEDICAL ASSISTANCE AND UNCOMPENSATED CARE
10	ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF
11	FY 2016
12	ARTICLE 11 STRENGTHENING NEIGHBORHOOD SCHOOLS
13	ARTICLE 12 RELATING TO REVENUE – CIGARETTE TAXES
14	ARTICLE 13 MAKING WORK PAY
15	ARTICLE 14 RELATING TO CAREGIVERS/COMPASSION CENTERS
16	ARTICLE 15 RELATING TO MUNICIPALITIES
17	ARTICLE 16 MAKING IT EASIER TO DO BUSINESS IN RHODE ISLAND
18	ARTICLE 17 RELATING TO COMMERCE

1	ARTICLE 18 RELATING TO RENEWABLE ENERGY PROGRAMS
2	ARTICLE 19 RELATING TO DIVISION OF MOTOR VEHICLES
3	ARTICLE 20 RELATING TO LOCAL AGRICULTURE AND SEAFOOD ACT
4	ARTICLE 21 RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL
5	DISABILITIES AND HOSPITALS
6	ARTICLE 22 RELATING TO STATE BUDGET
7	ARTICLE 23 RELATING TO SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN
8	ARTICLE 24 RELATING TO RESTRICTED RECEIPT ACCOUNTS
9	ARTICLE 25 RELATING TO EFFECTIVE DATE
	LC004502 - Page 2 of 316
1	ARTICLE 1
2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2017
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	2017. The amounts identified for federal funds and restricted receipts shall be made available
7	pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the
8	purposes and functions hereinafter mentioned, the state controller is hereby authorized and
9	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
10	portions thereof as may be required from time to time upon receipt by him or her of properly
11	authenticated vouchers.
12	Administration
13	Central Management
14	General Revenues 2,789,779
15	Total – Central Management 2,789,779
16	Legal Services
17	General Revenues 2,185,988
18	Total – Legal Services 2,185,988
19	Accounts and Control
20	General Revenues 4,147,433
21	Total – Accounts and Control 4,147,433
22	Office of Management and Budget
23	General Revenues 9,599,520
24	Restricted Receipts 300,000
25	Other Funds 1,279,090
26	Total – Office of Management and Budget 11,178,610
27	Purchasing
28	General Revenues 2,948,708
29	Other Funds 232,640
30	Total – Purchasing 3,181,348
31	Human Resources
32	General Revenues 8,083,906
33	Federal Funds 784,618
34	Restricted Receipts 487,070
	LC004502 - Page 3 of 316
1	Other Funds 1,486,706
2	Total – Human Resources 10,842,300
3	Personnel Appeal Board
4	General Revenues 133,419
5	Total – Personnel Appeal Board 133,419
6	Information Technology
7	General Revenues 22,244,406
8	Federal Funds 6,778,053
9	Restricted Receipts 9,903,237
10	Other Funds 2,771,449
11	Total – Information Technology 41,697,145
12	Library and Information Services
13	General Revenues 1,342,819
14	Federal Funds 1,200,253
15	Restricted Receipts 28
16	Total – Library and Information Services 2,543,100
17	Planning
18	General Revenues 1,341,758
19	Federal Funds 1,014,317
20	Other Funds
21	Air Quality Modeling 24,000
22	Federal Highway – PL Systems Planning 2,974,750
23	Total Other Funds 2,998,750
24	Total – Planning 5,354,825
25	General
26	General Revenues
27	Miscellaneous Grants/Payments 146,049
28	Torts – Courts/Awards 400,000
29	State Employees/Teachers Retiree Health Subsidy 2,321,057
30	Resource Sharing and State Library Aid 8,462,072
31	Library Construction Aid 2,223,220
32	Parental Leave 750,000
33	General Revenues Total 14,302,398
34	Restricted Receipts 421,500
	LC004502 - Page 4 of 316
1	Other Funds
2	Rhode Island Capital Plan Funds
3	Statehouse Renovations 550,000
4	DoIT Enterprise Operations Center 500,000
5	Cranston Street Armory 350,000
6	Cannon Building 400,000
7	Pastore Center Rehab DOA Portion 7,715,000
8	Zambarano Building Rehabilitation 3,000,000
9	Pastore Master Plan 475,500
10	Old State House 500,000
11	State Office Building 1,500,000
12	Old Colony House 100,000
13	William Powers Building 1,500,000
14	Pastore Center Utility Systems Upgrade 2,500,000
15	Replacement of Fueling Tanks 400,000
16	Environmental Compliance 200,000
17	Big River Management Area 100,000
18	Washington County Government Center 500,000
19	Veterans Memorial Auditorium 245,000
20	Chapin Health Laboratory 2,000,000
21	Pastore Center Parking 1,330,000
22	Pastore Center Water Tanks 380,000
23	RI Convention Center Authority 1,000,000
24	Dunkin Donuts Center 2,787,500
25	Pastore Power Plant Rehabilitation 640,000
26	Virks Building Renovations 13,375,000
27	Accessibility – Facility Renovations 1,000,000
28	Other Funds Total 43,048,000
29	Total – General 57,771,898
30	Debt Service Payments
31	General Revenues 133,293,966
32	Out of the general revenue appropriations for debt service, the General Treasurer is
33	authorized to make payments for the I-195 Redevelopment District Commission loan up to the
34	maximum debt service due in accordance with the loan agreement.
	LC004502 - Page 5 of 316
1	Federal Funds 2,235,315
2	Restricted Receipts 111,453
3	Other Funds
4	COPS – DLT Building - TDI 127,677
5	Transportation Debt Service 45,942,881
6	Investment Receipts – Bond Funds 100,000
7	Other Funds Total 46,170,558
8	Total - Debt Service Payments 181,811,292
9	Energy Resources
10	Federal Funds 397,040
11	Restricted Receipts 14,295,288
12	Total – Energy Resources 14,692,328
13	Rhode Island Health Exchange
14	General Revenue 2,625,841
15	Federal Funds 1,177,039
16	Restricted Receipts 8,580,747
17	Total – Rhode Island Health Exchange 12,383,627
18	Construction Permitting, Approvals and Licensing
19	General Revenues 1,823,455
20	Restricted Receipts 1,440,520
21	Total –Approvals and Licensing 3,263,975
22	Office of Diversity, Equity & Opportunity
23	General Revenues 1,294,640
24	Other Funds 92,993
25	Total – Office of Diversity, Equity & Opportunity 1,387,633
26	Capital Asset Management and Maintenance
27	General Revenues 34,967,016
28	Federal Funds 1,310,071
29	Restricted Receipts 443,424
30	Other Funds 5,725,883
31	Total – Capital Asset Management and Maintenance 42,446,394
32	Personnel and Operational Reforms
33	General Revenues (116,421)
34	Total- Personnel and Operational Reforms (116,421)
	LC004502 - Page 6 of 316
1	Grand Total – General Revenues 243,008,631
2	Grand Total – Administration 397,694,673
3	Business Regulation
4	Central Management
5	General Revenues 1,405,909
6	Total – Central Management 1,405,909
7	Banking Regulation
8	General Revenues 1,846,123
9	Restricted Receipts 50,000
10	Total – Banking Regulation 1,896,123
11	Securities Regulation
12	General Revenues 1,092,753
13	Restricted Receipts 15,000
14	Total – Securities Regulation 1,107,753
15	Insurance Regulation
16	General Revenues 4,007,219
17	Restricted Receipts 1,792,566
18	Total – Insurance Regulation 5,799,785
19	Office of the Health Insurance Commissioner
20	General Revenues 2,181,363
21	Federal Funds 1,100,710
22	Restricted Receipts 11,500
23	Total – Office of the Health Insurance Commissioner 3,293,573
24	Board of Accountancy
25	General Revenues 6,000
26	Total – Board of Accountancy 6,000
27	Commercial Licensing, Racing & Athletics
28	General Revenues 1,938,207
29	Restricted Receipts 1,285,103
30	Total – Commercial Licensing, Racing & Athletics 3,223,310
31	Boards for Design Professionals
32	General Revenues 273,080
33	Total – Boards for Design Professionals 273,080
34	Grand Total – General Revenues Funds 12,750,654
	LC004502 - Page 7 of 316
1	Grand Total – Business Regulation 17,005,533
2	Executive Office of Commerce
3	Central Management
4	General Revenues 1,200,198
5	Total – Central Management 1,200,198
6	Housing and Community Development
7	General Revenues 617,205
8	Federal Funds 15,290,927
9	Restricted Receipts 4,750,000
10	Total – Housing and Community Development 20,658,132
11	Quasi–Public Appropriations
12	General Revenues
13	Rhode Island Commerce Corporation 7,536,126
14	Rhode Island Commerce Corporation – Legislative Grants 589,492
15	Airport Impact Aid 1,025,000
16	Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
17	distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
18	the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
19	(40%) of the first $1,000,000 shall be distributed based on the share of landings during the
20	calendar year 2016 at North Central Airport, Newport-Middletown Airport, Block Island Airport,
21	Quonset Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island
22	Commerce Corporation shall make an impact payment to the towns or cities in which the airport
23	is located based on this calculation. Each community upon which any parts of the above airports
24	are located shall receive at least $25,000.
25	STAC Research Alliance 1,150,000
26	Innovative Matching Grants/Internships 1,000,000
27	I-195 Redevelopment District Commission 872,200
28	Chafee Center at Bryant 376,200
29	RI College and University Research Collaborative 165,000
30	General Revenues Total 12,714,018
31	Other Funds
32	Rhode Island Capital Plan Funds
33	I-195 Commission 300,000
34	Other Funds Total 300,000
	LC004502 - Page 8 of 316
1	Total – Quasi–Public Appropriations 13,014,018
2	Economic Development Initiatives Fund
3	General Revenues
4	Rhody Pass 1,500,000
5	Competitive Cluster Grants 1,250,000
6	Affordable Housing Fund 1,000,000
7	Main Street RI Streetscape Improvements 1,000,000
8	Rebuild RI 20,600,000
9	First Wave Closing Fund 5,000,000
10	Impact Faculty Refinancing 1,500,000
11	P-tech 1,400,000
12	Innovation Vouchers 1,500,000
13	Building and Fire Permit Initiative 250,000
14	General Revenues Total 35,000,000
15	Total – Economic Development Initiatives Fund 35,000,000
16	Commerce Programs
17	General Revenues 13,750,000
18	Total – Commerce Programs 13,750,000
19	Grand Total – General Revenues 63,281,421
20	Grand Total – Executive Office of Commerce 83,622,348
21	Labor and Training
22	Central Management
23	General Revenues 120,134
24	Restricted Receipts 529,314
25	Other Funds
26	Rhode Island Capital Plan Funds Asset Protection 1,905,000
27	Other Funds Total 1,905,000
28	Total – Central Management 2,554,448
29	Workforce Development Services
30	General Revenues 2,704,517
31	Federal Funds 24,185,279
32	Other Funds 104,042
33	Restricted Receipts 12,211,881
34	Total – Workforce Development Services 39,205,719
	LC004502 - Page 9 of 316
1	Workforce Regulation and Safety
2	General Revenues 2,935,554
3	Total – Workforce Regulation and Safety 2,935,554
4	Income Support
5	General Revenues 4,160,083
6	Federal Funds 14,329,659
7	Restricted Receipts 2,475,000
8	Other Funds
9	Temporary Disability Insurance Fund 186,953,678
10	Employment Security Fund 160,400,000
11	Other Funds Total 347,353,678
12	Total – Income Support 368,318,420
13	Injured Workers Services
14	Restricted Receipts 8,662,501
15	Total – Injured Workers Services 8,662,501
16	Labor Relations Board
17	General Revenues 402,491
18	Total – Labor Relations Board 402,491
19	Grand Total – General Revenues 10,322,779
20	Grand Total – Labor and Training 422,079,133
21	Department of Revenue
22	Director of Revenue
23	General Revenues 1,147,047
24	Total – Director of Revenue 1,147,047
25	Office of Revenue Analysis
26	General Revenues 806,836
27	Total – Office of Revenue Analysis 806,836
28	Lottery Division
29	Other Funds 382,271,870
30	Total – Lottery Division 382,271,870
31	Municipal Finance
32	General Revenues 2,391,184
33	Total – Municipal Finance 2,391,184
34	Taxation
	LC004502 - Page 10 of 316
1	General Revenues 20,294,329
2	Federal Funds 1,343,291
3	Restricted Receipts 930,267
4	Other Funds
5	Motor Fuel Tax Evasion 16,148
6	Temporary Disability Insurance Fund 987,863
7	Other Funds Total 1,004,011
8	Total – Taxation 23,571,898
9	Registry of Motor Vehicles
10	General Revenues 20,518,390
11	License Plate Issuance 3,150,000
12	All unexpended or unencumbered balances as of June 30, 2017 relating to license plate
13	reissuance are hereby reappropriated to fiscal year 2018.
14	General Revenues Total 23,668,390
15	Federal Funds 802,076
16	Restricted Receipts 4,094,763
17	Total – Registry of Motor Vehicles 28,565,229
18	State Aid
19	General Revenues
20	Distressed Communities Relief Fund 10,384,458
21	Payment in Lieu of Tax Exempt Properties 41,979,103
22	Motor Vehicle Excise Tax Payments 10,000,000
23	Property Revaluation Program 559,901
24	General Revenues Total 62,923,462
25	Restricted Receipts 922,013
26	Total – State Aid 63,845,475
27	Grand Total – General Revenues 111,231,248
28	Grand Total – Revenue 502,599,539
29	Legislature
30	General Revenues 41,352,730
31	Restricted Receipts 1,696,572
32	Grand Total – Legislature 43,049,302
33	Lieutenant Governor
34	General Revenues 1,109,576
	LC004502 - Page 11 of 316
1	Grand Total – Lieutenant Governor 1,109,576
2	Secretary of State
3	Administration
4	General Revenues 3,539,219
5	Total – Administration 3,539,219
6	Corporations
7	General Revenues 2,192,627
8	Total – Corporations 2,192,627
9	State Archives
10	General Revenues 133,721
11	Restricted Receipts 516,519
12	Other Funds
13	Rhode Island Capital Plan Funds
14	StateArchives 100,000
15	Total – State Archives 750,240
16	Elections and Civics
17	General Revenues 3,182,103
18	Total – Elections and Civics 3,182,103
19	State Library
20	General Revenues 560,784
21	Total – State Library 560,784
22	Office of Public Information
23	General Revenues 484,232
24	Receipted Receipts 40,000
25	Total – Office of Public Information 524,232
26	Grand Total – General Revenues 10,092,686
27	Grand Total – Secretary of State 10,749,205
28	General Treasurer
29	Treasury
30	General Revenues 2,507,779
31	Federal Funds 328,594
32	Other Funds
33	Temporary Disability Insurance Fund 250,410
34	Tuition Savings Program – Admin 424,837
	LC004502 - Page 12 of 316
1	Other Funds Total 675,247
2	Total – General Treasurer 3,511,620
3	State Retirement System
4	Restricted Receipts
5	Admin Expenses – State Retirement System 8,427,504
6	Retirement – Treasury Investment Operations 1,544,396
7	Defined Contribution – Administration 68,373
8	Restricted Receipts Total 10,040,273
9	Total – State Retirement System 10,040,273
10	Unclaimed Property
11	Restricted Receipts 21,115,990
12	Total – Unclaimed Property 21,115,990
13	Crime Victim Compensation Program
14	General Revenues 348,452
15	Federal Funds 624,287
16	Restricted Receipts 1,130,533
17	Total – Crime Victim Compensation Program 2,103,272
18	Grand Total – General Revenues 2,856,231
19	Grand Total – General Treasurer 36,771,155
20	Board of Elections
21	General Revenues 1,982,707
22	Grand Total – Board of Elections 1,982,707
23	Rhode Island Ethics Commission
24	General Revenues 1,653,383
25	Grand Total – Rhode Island Ethics Commission 1,653,383
26	Office of Governor
27	General Revenues
28	General Revenues 5,091,069
29	Contingency Fund 250,000
30	General Revenues Total 5,091,069
31	Grand Total – Office of Governor 5,091,069
32	Commission for Human Rights
33	General Revenues 1,258,128
34	Federal Funds 323,295
	LC004502 - Page 13 of 316
1	Grand Total – Commission for Human Rights 1,581,423
2	Public Utilities Commission
3	Federal Funds 104,669
4	Restricted Receipts 8,822,304
5	Grand Total – Public Utilities Commission 8,926,973
6	Office of Health and Human Services
7	Central Management
8	General Revenues 33,344,387
9	Federal Funds
10	Federal Funds 111,929,788
11	Federal Funds – Stimulus 100,085
12	Federal Funds Total 112,029,873
13	Restricted Receipts 3,914,402
14	Total – Central Management 149,288,662
15	Medical Assistance
16	General Revenues
17	Managed Care 288,678,655
18	Hospitals 95,309,357
19	Nursing Facilities 98,055,266
20	Home and Community Based Services 37,869,820
21	Other Services 41,426,489
22	Pharmacy 56,575,573
23	Rhody Health 263,460,568
24	General Revenues Total 881,375,728
25	Federal Funds
26	Managed Care 333,469,695
27	Hospitals 99,522,101
28	Nursing Facilities 101,528,015
29	Home and Community Based Services 39,221,292
30	Other Services 502,625,998
31	Pharmacy (1,395,128)
32	Rhody Health 270,095,126
33	Special Education 19,000,000
34	Federal Funds Total 1,364,067,099
	LC004502 - Page 14 of 316
1	Restricted Receipts 14,585,000
2	Total – Medical Assistance 2,260,027,827
3	Grand Total – General Revenues 914,720,115
4	Grand Total – Office of Health and Human Services 2,409,316,489
5	Children, Youth, and Families
6	Central Management
7	General Revenues 7,074,378
8	Federal Funds 2,808,145
9	Total – Central Management 9,882,523
10	Children's Behavioral Health Services
11	General Revenues 5,004,800
12	Federal Funds 4,828,525
13	Other Funds
14	Rhode Island Capital Plan Funds
15	Various Repairs and Improvements to Training School 250,000
16	Other Funds Total 250,000
17	Total – Children's Behavioral Health Services 10,083,325
18	Juvenile Correctional Services
19	General Revenues 24,927,098
20	Federal Funds 281,367
21	Total – Juvenile Correctional Services 25,208,465
22	Child Welfare
23	General Revenues
24	General Revenues 114,777,744
25	Federal Funds
26	Federal Funds 52,104,852
27	Federal Funds – Stimulus 386,594
28	Federal Funds Total 52,491,446
29	Restricted Receipts 3,466,576
30	Total – Child Welfare 170,735,766
31	Higher Education Incentive Grants
32	General Revenues 200,000
33	Total – Higher Education Incentive Grants 200,000
34	Grand Total – General Revenues 151,984,020
	LC004502 - Page 15 of 316
1	Grand Total – Children, Youth, and Families 216,110,079
2	Health
3	Central Management
4	General Revenues 319,445
5	Federal Funds 808,064
6	Restricted Receipts 4,043,053
7	Total – Central Management 5,170,562
8	Community Health and Equity
9	General Revenues 1,530,102
10	Federal Funds 74,019,207
11	Restricted Receipts 30,434,862
12	Total – Community Health and Equity 105,984,171
13	Environmental Health
14	General Revenues 5,169,143
15	Federal Funds 6,148,955
16	Restricted Receipts 386,415
17	Total – Environmental Health 11,704,513
18	Health Laboratories and Medical Examiner
19	General Revenues 10,121,341
20	Federal Funds 2,129,140
21	Total – Health Laboratories and Medical Examiner 12,250,481
22	Customer Services
23	General Revenues 6,521,505
24	Federal Funds 3,491,908
25	Restricted Receipts 1,019,959
26	Total – Customer Services 11,033,372
27	Policy, Information and Communications
28	General Revenues 937,935
29	Federal Funds 1,629,319
30	Restricted Receipts 581,225
31	Total – Policy, Information and Communications 3,148,479
32	Preparedness, Response, Infectious Disease & Emergency Services
33	General Revenues 1,902,523
34	Federal Funds 12,138,428
	LC004502 - Page 16 of 316
1	Total – Preparedness, Response, Infectious Disease &
2	Emergency Services 14,040,951
3	Grand Total – General Revenues 26,501,994
4	Grand Total - Health 163,332,529
5	Human Services
6	Central Management
7	General Revenues 5,605,693
8	Federal Funds 4,155,192
9	Restricted Receipts 520,844
10	Total – Central Management 10,281,729
11	Child Support Enforcement
12	General Revenues 3,314,623
13	Federal Funds 6,207,167
14	Total – Child Support Enforcement 9,521,790
15	Individual and Family Support
16	General Revenues 18,637,720
17	Federal Funds
18	Federal Funds 81,391,433
19	Federal Funds – Stimulus 1,625,839
20	Federal Funds Total 83,017,272
21	Restricted Receipts 394,399
22	Other Funds
23	Intermodal Surface Transportation Fund 4,428,478
24	Food Stamp Bonus Funding 500,000
25	Rhode Island Capital Plan Funds
26	Blind Vending Facilities 165,000
27	Other Funds Total 5,093,478
28	Total – Individual and Family Support 107,142,869
29	Office of Veterans' Affairs
30	General Revenues 20,585,125
31	Federal Funds 9,268,534
32	Restricted Receipts 246,282
33	Total – Office Veterans' Affairs 30,099,941
34	Health Care Eligibility
	LC004502 - Page 17 of 316
1	General Revenues 8,777,641
2	Federal Funds 10,900,014
3	Total – Health Care Eligibility 19,677,655
4	Supplemental Security Income Program
5	General Revenues 18,502,100
6	Total – Supplemental Security Income Program 18,502,100
7	Rhode Island Works
8	General Revenues 19,275,128
9	Federal Funds 80,285,956
10	Total – Rhode Island Works 99,561,084
11	State Funded Programs
12	General Revenues 1,569,900
13	Of this appropriation, $210,000 shall be used for hardship contingency payments.
14	Federal Funds 282,085,000
15	Total – State Funded Programs 283,654,900
16	Elderly Affairs
17	General Revenues
18	General Revenues 6,937,650
19	RIPAE 75,229
20	Care and Safety of the Elderly 1,300
21	General Revenues – Total 7,014,179
22	Federal Funds 11,941,085
23	Restricted Receipts 120,693
24	Total – Elderly Affairs 19,075,957
25	Grand Total – General Revenues 103,282,109
26	Grand Total – Human Services 597,518,025
27	Behavioral Healthcare, Developmental Disabilities, and Hospitals
28	Central Management
29	General Revenues 1,097,743
30	Federal Funds 597,685
31	Total – Central Management 1,695,428
32	Hospital and Community System Support
33	General Revenues 1,474,964
34	Federal Funds 789,226
	LC004502 - Page 18 of 316
1	Other Funds
2	Rhode Island Capital Plan Funds
3	Medical Center Rehabilitation 250,000
4	Community Facilities Fire Code 400,000
5	Other Funds Total 650,000
6	Total – Hospital and Community System Support 2,914,190
7	Services for the Developmentally Disabled
8	General Revenues 114,259,149
9	Of this general revenue funding, $2.5 million shall be expended on private provider
10	Direct Support Staff raises.
11	Federal Funds 118,508,783
12	Restricted Receipts 1,755,100
13	Other Funds
14	Rhode Island Capital Plan Funds
15	DD Private Waiver 200,000
16	MR Community Facilities/Access to Independence 500,000
17	Other Funds Total 700,000
18	Total – Services for the Developmentally Disabled 235,223,032
19	Behavioral Healthcare Services
20	General Revenues 2,275,925
21	Federal Funds 17,235,690
22	Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse
23	Task Forces and $128,000 shall be expended on NAMI of RI.
24	Restricted Receipts 100,000
25	Other Funds
26	Rhode Island Capital Plan Funds
27	MH Community Facilities Repair 400,000
28	MH Housing Development Thresholds 800,000
29	Substance Abuse Asset Protection 100,000
30	Other Funds Total 1,300,000
31	Total – Behavioral Healthcare Services 20,911,615
32	Hospital and Community Rehabilitative Services
33	General Revenues 49,035,997
34	Federal Funds 50,358,890
	LC004502 - Page 19 of 316
1	Restricted Receipts 6,580,724
2	Other Funds
3	Rhode Island Capital Plan Funds
4	Zambarano Buildings and Utilities 386,000
5	Hospital Consolidation 1,000,000
6	Eleanor Slater HVAC/Elevators 5,600,000
7	MR Community Facilities 1,000,000
8	Hospital Equipment 300,000
9	Other Funds Total 8,286,000
10	Total - Hospital and Community Rehabilitative Services
11	114,261,611
12	Grand Total – General Revenues 168,143,778
13	Grand Total – Behavioral Healthcare, Developmental 375,005,876
14	Disabilities, and Hospitals
15	Office of the Child Advocate
16	General Revenues 650,582
17	Federal Funds 45,000
18	Grand Total – Office of the Child Advocate 695,582
19	Commission on the Deaf and Hard of Hearing
20	General Revenues 477,746
21	Federal Funds 110,000
22	Grand Total – Comm. On Deaf and Hard of Hearing 587,746
23	Governor’s Commission on Disabilities
24	General Revenues 386,147
25	Federal Funds 10,297
26	Restricted Receipts 44,126
27	Other Funds
28	Total – Governor’s Commission on Disabilities 440,570
29	Office of the Mental Health Advocate
30	General Revenues 542,009
31	Grand Total – Office of the Mental Health Advocate 542,009
32	Elementary and Secondary Education
33	Administration of the Comprehensive Education Strategy
34	General Revenues 25,134,987
	LC004502 - Page 20 of 316
1	Federal Funds
2	Federal Funds 202,791,134
3	Federal Funds – Stimulus 1,804,987
4	Federal Funds Total 204,596,121
5	Restricted Receipts
6	Restricted Receipts 1,264,259
7	HRIC Adult Education Grants 3,500,000
8	Restricted Receipts Total 4,764,259
9	Other Funds
10	State-Owned Warwick 350,000
11	State-Owned Woonsocket 1,950,000
12	Rhode Island Capital Plan Funds
13	Shepard Building Air Quality 95,000
14	Other Funds Total 2,395,000
15	Total – Admin. of the Comprehensive Ed. Strategy 236,890,367
16	Davies Career and Technical School
17	General Revenues 12,998,800
18	Federal Funds 1,379,112
19	Restricted Receipts 3,936,872
20	Other Funds
21	Rhode Island Capital Plan Funds
22	Davies HVAC 1,400,000
23	Davies Asset Protection 150,000
24	Other Funds Total 1,550,000
25	Total – Davies Career and Technical School 19,864,784
26	RI School for the Deaf
27	General Revenues 6,326,744
28	Federal Funds 254,320
29	Restricted Receipts 785,791
30	Other Funds
31	RI School for the Deaf Transformation Grants 59,000
32	Other Funds Total 59,000
33	Total – RI School for the Deaf 7,425,855
34	Metropolitan Career and Technical School
	LC004502 - Page 21 of 316
1	General Revenues 9,529,888
2	Other Funds
3	Rhode Island Capital Plan Funds
4	MET Asset Protection 100,000
5	Other Funds Total 100,000
6	Total – Metropolitan Career and Technical School 9,629,888
7	Education Aid
8	General Revenues 837,329,692
9	Restricted Receipts 20,700,072
10	Other Funds
11	Permanent School Fund – Education Aid 600,000
12	Other Funds Total 600,000
13	Total – Education Aid 858,629,764
14	Central Falls School District
15	General Revenues 38,862,333
16	Total – Central Falls School District 38,862,333
17	School Construction Aid
18	General Revenues
19	School Housing Aid 70,907,110
20	School Building Authority Fund 9,092,890
21	General Revenues Total 80,000,000
22	Total – School Construction Aid 80,000,000
23	Teachers' Retirement
24	General Revenues 99,076,582
25	Total – Teachers’ Retirement 99,076,582
26	Grand Total – General Revenues 1,109,259,026
27	Grand Total – Elementary and Secondary Education 1,350,379,573
28	Public Higher Education
29	Office of the Postsecondary Commissioner
30	General Revenues 9,301,623
31	Federal Funds
32	Federal Funds 9,445,218
33	WaytogoRI Portal 863,629
34	Guaranty Agency Operating Fund-Scholarships & Grants 4,000,000
	LC004502 - Page 22 of 316
1	Federal Funds Total 14,308,847
2	Other Funds 7,395,000
3	Total – Office of the Postsecondary Commissioner 31,005,470
4	University of Rhode Island
5	General Revenues
6	General Revenues 75,804,171
7	The University shall not decrease internal student financial aid in the 2016 – 2017
8	academic year below the level of the 2015 – 2016 academic year. The President of the institution
9	shall report, prior to the commencement of the 2016 – 2017 academic year, to the chair of the
10	Council on Postsecondary Education that such tuition charges and student aid levels have been
11	achieved at the start of FY 2017 as prescribed above.
12	Debt Service 13,182,679
13	RI State Forensics Laboratory 1,071,393
14	General Revenues Total 90,058,243
15	Other Funds
16	University and College Funds 649,629,440
17	Debt – Dining Services 1,106,597
18	Debt – Education and General 3,786,661
19	Debt – Health Services 146,167
20	Debt – Housing Loan Funds 11,751,883
21	Debt – Memorial Union 319,976
22	Debt – Ryan Center 2,789,719
23	Debt – Alton Jones Services 102,946
24	Debt – Parking Authority 1,042,907
25	Debt – Sponsored Research 85,105
26	Debt – Restricted Energy Conservation 810,170
27	Debt – URI Energy Conservation 2,021,187
28	Rhode Island Capital Plan Funds
29	Asset Protection 13,556,000
30	URI/RIC Nursing EDU Center Program Planning 200,000
31	Other Funds Total 687,348,758
32	Total – University of Rhode Island 777,407,001
33	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
34	unencumbered balances as of June 30, 2016 relating to the University of Rhode Island are hereby
	LC004502 - Page 23 of 316
1	reappropriated to fiscal year 2017.
2	Rhode Island College
3	General Revenues
4	General Revenues 46,946,330
5	Rhode Island College shall not decrease internal student financial aid in the 2016 – 2017
6	academic year below the level of the 2015 – 2016 academic year. The President of the institution
7	shall report, prior to the commencement of the 2016 – 2017 academic year, to the chair of the
8	Council of Postsecondary Education that such tuition charges and student aid levels have been
9	achieved at the start of FY 2017 as prescribed above.
10	Debt Service 2,565,254
11	General Revenues Total 49,511,584
12	Other Funds
13	University and College Funds 125,192,812
14	Debt – Education and General 880,568
15	Debt – Housing 368,195
16	Debt – Student Center and Dining 154,068
17	Debt – Student Union 235,656
18	Debt – G.O. Debt Service 1,644,459
19	Debt Energy Conservation 256,275
20	Rhode Island Capital Plan Funds
21	Asset Protection 5,357,700
22	Infrastructure Modernization 3,000,000
23	Other Funds – Total 137,089,733
24	Total – Rhode Island College 186,601,317
25	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
26	unencumbered balances as of June 30, 2016 relating to Rhode Island College are hereby
27	reappropriated to fiscal year 2017.
28	Community College of Rhode Island
29	General Revenues
30	General Revenues 48,936,035
31	The Community College of Rhode Island shall not decrease internal student financial aid
32	in the 2016 – 2017 academic year below the level of the 2015 – 2016 academic year. The
33	President of the institution shall report, prior to the commencement of the 2016 – 2017 academic
34	year, to the chair of the Council of Postsecondary Education that such tuition charges and student
	LC004502 - Page 24 of 316
1	aid levels have been achieved at the start of FY 2017 as prescribed above.
2	Debt Service 1,691,204
3	General Revenues Total 50,627,239
4	Restricted Receipts 660,795
5	Other Funds
6	University and College Funds 107,824,292
7	CCRI Debt Service – Energy Conservation 807,225
8	Rhode Island Capital Plan Funds
9	Asset Protection 2,484,100
10	Knight Campus Renewal 4,000,000
11	Westerly Campus 2,000,000
12	Other Funds Total 117,115,617
13	Total – Community College of RI 168,403,651
14	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
15	unencumbered balances as of June 30, 2016 relating to the Community College of Rhode Island
16	are hereby reappropriated to fiscal year 2017.
17	Grand Total – General Revenues 199,498,689
18	Grand Total – Public Higher Education 1,163,417,439
19	RI State Council on the Arts
20	General Revenues
21	Operating Support 455,046
22	Grants 1,084,574
23	General Revenues Total 1,539,620
24	Federal Funds 775,454
25	Other Funds 303,200
26	Grand Total – RI State Council on the Arts 2,618,274
27	RI Atomic Energy Commission
28	General Revenues 981,100
29	Federal Funds 50,308
30	Other Funds
31	URI Sponsored Research 269,527
32	Rhode Island Capital Plan Funds
33	RINSC Asset Protection 50,000
34	Other Funds Total 319,527
	LC004502 - Page 25 of 316
1	Grand Total – RI Atomic Energy Commission 1,350,935
2	RI Historical Preservation and Heritage Commission
3	General Revenues 1,373,860
4	Federal Funds 1,093,966
5	Restricted Receipts 427,175
6	Other Funds 79,998
7	Grand Total - RI Historical Preservation and Heritage Comm. 2,974,999
8	Attorney General
9	Criminal
10	General Revenues 15,675,925
11	Federal Funds 1,692,545
12	Restricted Receipts 6,377,954
13	Total – Criminal 23,746,424
14	Civil
15	General Revenues 5,135,543
16	Restricted Receipts 916,302
17	Total – Civil 6,051,845
18	Bureau of Criminal Identification
19	General Revenues 1,758,215
20	Total – Bureau of Criminal Identification 1,758,215
21	General
22	General Revenues 3,026,299
23	Other Funds
24	Rhode Island Capital Plan Funds
25	Building Renovations and Repairs 300,000
26	Other Funds Total 300,000
27	Total – General 3,326,299
28	Grand Total – General Revenues 25,595,982
29	Grand Total – Attorney General 34,882,783
30	Corrections
31	Central Management
32	General Revenues 10,179,627
33	Total – Central Management 10,179,627
34	Parole Board
	LC004502 - Page 26 of 316
1	General Revenues 1,338,481
2	Federal Funds 14,006
3	Total – Parole Board 1,352,487
4	Custody and Security
5	General Revenues 134,005,962
6	Federal Funds 571,759
7	Total – Custody and Security 134,577,721
8	Institutional Support
9	General Revenues 15,741,751
10	Other Funds
11	Rhode Island Capital Plan Funds
12	Asset Protection 3,750,000
13	Maximum – General Renovations 1,000,000
14	General Renovations Women’s 150,000
15	Women’s Bath Renovations 750,000
16	Bernadette Guay Roof 650,000
17	ISC Exterior Envelope and HVAC 1,700,000
18	Medium Infrastructure 4,000,000
19	Correctional Facilities Study 250,000
20	Other Funds Total 12,250,000
21	Total – Institutional Support 27,991,751
22	Institutional Based Rehab./Population Management
23	General Revenues 12,142,234
24	Federal Funds 527,398
25	Restricted Receipts 44,023
26	Total – Institutional Based Rehab/Population Mgt. 12,713,655
27	Healthcare Services
28	General Revenues 22,138,257
29	Total – Healthcare Services 22,138,257
30	Community Corrections
31	General Revenues 17,133,189
32	Federal Funds 16,845
33	Restricted Receipts 16,118
34	Total – Community Corrections 17,166,152
	LC004502 - Page 27 of 316
1	Grand Total – General Revenues 212,679,501
2	Grand Total – Corrections 226,119,650
3	Judiciary
4	Supreme Court
5	General Revenues
6	General Revenues 27,527,159
7	Provided however, that no more than $1,056,438 in combined total shall be offset to the
8	Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the
9	Department of Children Youth and Families, and the Department of Public Safety for square-
10	footage occupancy costs in public courthouses.
11	Defense of Indigents 3,784,406
12	General Revenues Total 31,311,565
13	Federal Funds 128,933
14	Restricted Receipts 3,076,384
15	Other Funds
16	Rhode Island Capital Plan Funds
17	Judicial HVAC 900,000
18	Judicial Complexes Asset Protection 875,000
19	Licht Judicial Complex Restoration 750,000
20	Noel Shelled Courtroom Build Out 3,000,000
21	Other Funds Total 5,525,000
22	Total - Supreme Court 40,041,882
23	Judicial Tenure and Discipline
24	General Revenues 124,865
25	Total – Judicial Tenure and Discipline 124,865
26	Superior Court
27	General Revenues 22,807,060
28	Federal Funds 51,290
29	Restricted Receipts 371,741
30	Total – Superior Court 23,230,091
31	Family Court
32	General Revenues 21,045,610
33	Federal Funds 2,770,714
34	Total – Family Court 23,816,324
	LC004502 - Page 28 of 316
1	District Court
2	General Revenues 12,034,130
3	Federal Funds 165,428
4	Restricted Receipts 138,045
5	Total - District Court 12,337,603
6	Traffic Tribunal
7	General Revenues 9,018,180
8	Total – Traffic Tribunal 9,018,180
9	Workers' Compensation Court
10	Restricted Receipts 8,096,017
11	Total – Workers’ Compensation Court 8,096,017
12	Grand Total – General Revenues 96,341,410
13	Grand Total – Judiciary 116,664,962
14	Military Staff
15	General Revenues 2,659,719
16	Federal Funds 17,497,797
17	Restricted Receipts
18	RI Military Family Relief Fund 300,000
19	Counter Drug Asset Forfeiture 37,300
20	Restricted Receipts Total 337,300
21	Other Funds
22	Rhode Island Capital Plan Funds
23	Armory of Mounted Command Roof Replacement 357,500
24	Asset Protection 700,000
25	Bristol Readiness Center 125,000
26	Joint Force Headquarters Building 3,000,000
27	Other Funds Total 4,182,500
28	Grand Total – Military Staff 24,677,316
29	Public Safety
30	Central Management
31	General Revenues 1,407,618
32	Federal Funds 5,398,633
33	Total – Central Management 6,806,251
34	E-911 Emergency Telephone System
	LC004502 - Page 29 of 316
1	General Revenues 5,699,440
2	Total – E-911 Emergency Telephone System 5,699,440
3	State Fire Marshal
4	General Revenues 3,248,953
5	Federal Funds 425,169
6	Restricted Receipts 195,472
7	Other Funds
8	Quonset Development Corporation 62,294
9	Rhode Island Capital Plan Funds
10	Fire Academy 1,215,000
11	Other Funds – Total 1,277,294
12	Total – State Fire Marshal 5,146,888
13	Security Services
14	General Revenues 23,162,912
15	Total – Security Services 23,162,912
16	Municipal Police Training Academy
17	General Revenues 263,746
18	Federal Funds 222,395
19	Total – Municipal Police Training Academy 486,141
20	State Police
21	General Revenues 66,043,107
22	Federal Funds 3,246,194
23	Restricted Receipts 5,256,598
24	Other Funds
25	Lottery Commission Assistance 1,611,348
26	State Reimbursements from Agencies 453,443
27	Airport Corporation Assistance 212,221
28	Road Construction Reimbursement 2,934,672
29	Rhode Island Capital Plan Funds
30	DPS Asset Protection 250,000
31	Wickford Barracks Renovations 500,000
32	Other Funds Total 5,961,684
33	Total – State Police 80,507,583
34	Grand Total – General Revenues 99,693,776
	LC004502 - Page 30 of 316
1	Grand Total – Public Safety 121,809,215
2	Emergency Management
3	General Revenues 1,848,876
4	Federal Funds 20,094,466
5	Restricted Receipts 861,046
6	Other Funds
7	Rhode Island Capital Plan Funds
8	Emergency Management Building 189,750
9	RI State Communications Network System 1,000,000
10	Other Funds Total 1,189,750
11	Grand Total – Emergency Management 23,994,138
12	Office of Public Defender
13	General Revenues 11,784,382
14	Federal Funds 112,820
15	Grand Total – Office of Public Defender 11,897,202
16	Environmental Management
17	Office of the Director
18	General Revenues 5,209,898
19	Restricted Receipts 3,901,548
20	Total – Office of the Director 9,111,446
21	Natural Resources
22	General Revenues 21,024,014
23	Federal Funds 20,047,496
24	Restricted Receipts 6,221,231
25	Other Funds
26	DOT Recreational Projects 909,926
27	Blackstone Bikepath Design 2,059,579
28	Transportation MOU 78,350
29	Rhode Island Capital Plan Funds
30	Dam Repair 1,000,000
31	Fort Adams America’s Cup 700,000
32	Recreational Facilities Improvements 3,100,000
33	Galilee Piers Upgrade 250,000
34	Newport Piers 187,500
	LC004502 - Page 31 of 316
1	Fish & Wildlife Maintenance Facilities 150,000
2	Blackstone Valley Bike Path 300,000
3	Natural Resources Office/Visitor’s Center 3,000,000
4	Marine Infrastructure 500,000
5	State Recreation Building Demolition 100,000
6	Fort Adams Rehabilitation 300,000
7	Other Funds Total 12,635,355
8	Total – Natural Resources 59,928,096
9	Environmental Protection
10	General Revenues 12,006,966
11	Federal Funds 9,681,296
12	Restricted Receipts 8,959,177
13	Other Funds 164,734
14	Total – Environmental Protection 30,812,173
15	Grand Total – General Revenues 38,240,878
16	Grand Total – Environmental Management 99,851,715
17	Coastal Resources Management Council
18	General Revenues 2,452,438
19	Federal Funds 4,098,312
20	Restricted Receipts 250,000
21	Other Funds
22	Rhode Island Capital Plan Funds
23	South Coast Restoration Project 260,657
24	RI Coastal Storm Risk Study 150,000
25	Other Funds Total 410,657
26	Grand Total – Coastal Resources Mgmt. Council 7,211,407
27	Transportation
28	Central Management
29	Federal Funds 6,610,622
30	Other Funds
31	Gasoline Tax 2,593,920
32	Other Funds Total 2,593,920
33	Total – Central Management 9,204,542
34	Management and Budget
	LC004502 - Page 32 of 316
1	Other Funds
2	Gasoline Tax 3,009,298
3	Other Funds Total 3,009,298
4	Total – Management and Budget 3,009,298
5	Infrastructure Engineering - GARVEE/Motor Fuel Tax Bonds
6	Federal Funds
7	Federal Funds 261,412,765
8	Federal Funds – Stimulus 4,386,593
9	Federal Funds Total 265,799,358
10	Restricted Receipts 180,219
11	Other Funds
12	Gasoline Tax 72,131,457
13	Land Sale Revenue 2,500,000
14	Rhode Island Capital Fund
15	RIPTA Land and Buildings 120,000
16	Highway Improvement Program 27,200,000
17	Other Funds Total 101,951,457
18	Total - Infrastructure Eng. – Garvee/Motor Fuel Tax Bonds 367,931,034
19	Infrastructure Maintenance
20	Other Funds
21	Gasoline Tax 12,846,800
22	Non-Land Surplus Property 50,000
23	Outdoor Advertising 100,000
24	Rhode Island Highway Maintenance 79,792,727
25	Rhode Island Capital Plan Funds
26	Maintenance Facilities Improvements 400,000
27	Salt Storage Facilities 1,000,000
28	Portsmouth Facility 2,273,444
29	Maintenance - Equipment Replacement 2,500,000
30	Train Station Maintenance and Repairs 350,000
31	Other Funds Total 99,312,971
32	Total – Infrastructure Maintenance 99,312,971
33	Grand Total – Transportation 479,457,845
34	Statewide Totals
	LC004502 - Page 33 of 316
1	General Revenues 3,676,761,000
2	Federal Funds 2,967,238,364
3	Restricted Receipts 261,853,165
4	Other Funds 2,058,919,848
5	Statewide Grand Total 8,964,772,377
6	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
7	appropriation.
8	SECTION 3. Upon the transfer of any function of a department or agency to another
9	department or agency, the Governor is hereby authorized by means of executive order to transfer
10	or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
11	thereby.
12	SECTION 4. From the appropriation for contingency shall be paid such sums as may be
13	required at the discretion of the Governor to fund expenditures for which appropriations may not
14	exist. Such contingency funds may also be used for expenditures in the several departments and
15	agencies where appropriations are insufficient, or where such requirements are due to unforeseen
16	conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
17	for the payment of bills incurred due to emergencies or to any offense against public peace and
18	property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
19	amended. All expenditures and transfers from this account shall be approved by the Governor.
20	SECTION 5. The general assembly authorizes the state controller to establish the
21	internal service accounts shown below, and no other, to finance and account for the operations of
22	state agencies that provide services to other agencies, institutions and other governmental units on
23	a cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
24	managed in a businesslike manner, promote efficient use of services by making agencies pay the
25	full costs associated with providing the services, and allocate the costs of central administrative
26	services across all fund types, so that federal and other non-general fund programs share in the
27	costs of general government support. The controller is authorized to reimburse these accounts
28	for the cost of work or services performed for any other department or agency subject to the
29	following expenditure limitations:
30	Account Expenditure Limit
31	State Assessed Fringe Benefit Internal Service Fund 41,699,269
32	Administration Central Utilities Internal Service Fund 14,900,975
33	State Central Mail Internal Service Fund 6,190,285
34	State Telecommunications Internal Service Fund 3,017,521
	LC004502 - Page 34 of 316
1	State Automotive Fleet Internal Service Fund 12,543,165
2	Surplus Property Internal Service Fund 2,500
3	Health Insurance Internal Service Fund 251,723,462
4	Other Post-Employment Benefits Fund 63,934,483
5	Capitol Police Internal Service Fund 1,172,421
6	Corrections Central Distribution Center Internal Service Fund 7,094,183
7	Correctional Industries Internal Service Fund 7,304,210
8	Secretary of State Record Center Internal Service Fund 907,177
9	SECTION 6. The General Assembly may provide a written "statement of legislative
10	intent" signed by the chairperson of the House Finance Committee and by the chairperson of the
11	Senate Finance Committee to show the intended purpose of the appropriations contained in
12	Section 1 of this Article. The statement of legislative intent shall be kept on file in the House
13	Finance Committee and in the Senate Finance Committee.
14	At least twenty (20) days prior to the issuance of a grant or the release of funds, which
15	grant or funds are listed on the legislative letter of intent, all department, agency and corporation
16	directors, shall notify in writing the chairperson of the House Finance Committee and the
17	chairperson of the Senate Finance Committee of the approximate date when the funds are to be
18	released or granted.
19	SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
20	appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all
21	funds required to be disbursed for the benefit payments from the Temporary Disability Insurance
22	Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2017.
23	SECTION 8. Appropriation of Employment Security Funds -- There is hereby
24	appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to
25	be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending
26	June 30, 2017.
27	SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to
28	the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes
29	of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2017.
30	SECTION 10. Departments and agencies listed below may not exceed the number of full-
31	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions
32	do not include seasonal or intermittent positions whose scheduled period of employment does not
33	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
34	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
	LC004502 - Page 35 of 316
1	individuals engaged in training, the completion of which is a prerequisite of employment.
2	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
3	designee, and the President of the Senate or designee may authorize an adjustment to any
4	limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
5	recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
6	copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
7	the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
8	Senate Fiscal Advisor.
9	State employees whose funding is from non-state general revenue funds that are time
10	limited shall receive limited term appointment with the term limited to the availability of non-
11	state general revenue funding source.
12	FY 2017 FTE POSITION AUTHORIZATION
13	Departments and Agencies Full-Time Equivalent
14	Administration 743.7
15	Business Regulation 104.0
16	Executive Office of Commerce 16.0
17	Labor and Training 416.5
18	Revenue 523.5
19	Legislature 298.5
20	Office of the Lieutenant Governor 8.0
21	Office of the Secretary of State 59.0
22	Office of the General Treasurer 88.0
23	Board of Elections 12.0
24	Rhode Island Ethics Commission 12.0
25	Office of the Governor 45.0
26	Commission for Human Rights 14.5
27	Public Utilities Commission 51.0
28	Office of Health and Human Services 187.0
29	Children, Youth, and Families 672.5
30	Health 503.6
31	Human Services 955.1
32	Behavioral Health, Developmental Disabilities, and Hospitals 1,417.4
33	Office of the Child Advocate 6.0
34	Commission on the Deaf and Hard of Hearing 4.0
	LC004502 - Page 36 of 316
1	Governor’s Commission on Disabilities 4.0
2	Office of the Mental Health Advocate 4.0
3	Elementary and Secondary Education 153.4
4	School for the Deaf 60.0
5	Davies Career and Technical School 126.0
6	Office of Postsecondary Commissioner 24.0
7	Provided that 1.0 of the total authorization would be available only for positions that are
8	supported by third-party funds.
9	University of Rhode Island 2,489.5
10	Provided that 573.8 of the total authorization would be available only for positions that
11	are supported by third-party funds.
12	Rhode Island College 926.2
13	Provided that 82.0 of the total authorization would be available only for positions that are
14	supported by third-party funds.
15	Community College of Rhode Island 854.1
16	Provided that 89.0 of the total authorization would be available only for positions that are
17	supported by third-party funds.
18	Rhode Island State Council on the Arts 6.0
19	RI Atomic Energy Commission 8.6
20	Historical Preservation and Heritage Commission 16.6
21	Office of the Attorney General 236.1
22	Corrections 1,432.0
23	Judicial 724.3
24	Military Staff 96.0
25	Public Safety 633.2
26	Office of the Public Defender 93.0
27	Emergency Management 32.0
28	Environmental Management 401.0
29	Coastal Resources Management Council 29.0
30	Transportation 741.0
31	Total 15,227.3
32	SECTION 11. The amounts reflected in this Article include the appropriation of Rhode
33	Island Capital Plan funds for fiscal year 2017 and supersede appropriations provided for FY 2017
34	within Section 11 of Article 1 of Chapter 141 of the P.L. of 2015.
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1	The following amounts are hereby appropriated out of any money in the State’s Rhode
2	Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
3	June 30, 2018, June 30, 2019, and June 30, 2020. These amounts supersede appropriations
4	provided within Section 11 of Article 1 of Chapter 141 of the P.L. of 2015. For the purposes and
5	functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw
6	his or her orders upon the General Treasurer for the payment of such sums and such portions
7	thereof as may be required by him or her upon receipt of properly authenticated vouchers.
8	Fiscal Year Ending Fiscal Year Ending Fiscal Year Ending
9	Project June 30, 2018 June 30, 2019 June 30, 2020
10	DOA – Cannon Building 400,000 250,000 250,000
11	DOA – Accessibility Facility Ren. 1,000,000 1,000,000 1,000,000
12	DOA – Pastore Center Rehab 2,500,000 2,120,000 2,500,000
13	DOA – State Office Building 400,000 350,000 1,000,000
14	DOA – Virks Building 3,500,000 0 0
15	DOA – Washington County Govern. Ctr. 500,000 500,000 500,000
16	DOA – William Powers Administration 1,500,000 1,500,000 1,500,000
17	DOA – Zambarano Utilities and Infrs. 3,050,000 1,645,000 1,100,000
18	DOC Asset Protection 3,750,000 3,750,000 3,750,000
19	DLT Center General Asset Protection 1,130,000 500,000 500,000
20	El SEC – Davies School Asset Protection 150,000 150,000 150,000
21	EL SEC – Davies HVAC 1,101,000 0 0
22	EL SEC – Met School Asset 250,000 250,000 250,000
23	Judicial-Asset Protection 950,000 950,000 1,000,000
24	Mil Staff-Joint Force Headquarters Building 3,000,000 4,100,000 0
25	Higher Ed-Asset Protection-CCRI 2,799,063 2,368,035 2,439,076
26	Higher Ed – Knight Campus Renewal 5,000,000 4,000,000 3,000,000
27	Higher Ed-Asset Protection-RIC 3,458,431 3,562,184 3,669,050
28	Higher Ed-Asset Protection-URI 8,030,000 8,200,000 8,364,000
29	Higher Ed-RIC Infrastructure Modernization 4,500,000 4,500,000 3,600,000
30	DPS Consolidated Training Academy 4,000,000 3,100,000 2,650,000
31	DPS – Asset Protection 250,000 250,000 250,000
32	DEM-Dam Repairs 1,000,000 1,500,000 1,000,000
33	DEM Galilee Piers 1,250,000 1,250,000 400,000
34	DEM-Recreation Facility Improvements 2,200,000 850,000 850,000
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1	DOT-Highway Improvement 27,200,000 27,200,000 27,200,000
2	DOT-Maintenance – Capital Equipment 2,500,000 2,500,000 2,500,000
3	SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund
4	Projects. – Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund
5	project appropriations may be reappropriated at the recommendation of the Governor in the
6	ensuing fiscal year and made available for the same purpose. However, any such reappropriations
7	are subject to final approval by the General Assembly as part of the supplemental appropriations
8	act. Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated at the
9	discretion of the State Budget Officer.
10	SECTION 13. For the Fiscal Year ending June 30, 2017, the Rhode Island Housing and
11	Mortgage Finance Corporation shall provide from its resources such sums as appropriate in
12	support of the Neighborhood Opportunities Program. The Corporation shall provide a report
13	detailing the amount of funding provided to this program, as well as information on the number
14	of units of housing provided as a result to the Director of Administration, the Chair of the
15	Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the
16	Senate Finance Committee and the State Budget Officer.
17	SECTION 14. Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode
18	Island General Laws, the Resource Recovery Corporation shall transfer to the State Controller the
19	sum of one million five hundred thousand dollars ($1,500,000) by June 30, 2017.
20	SECTION 15. Notwithstanding any provisions of Chapter 12.2 in Title 46 of the Rhode
21	Island General Laws, the Rhode Island Infrastructure Bank shall transfer to the State Controller
22	the sum of eight million dollars ($8,000,000) by June 30, 2017.
23	SECTION 16. Notwithstanding any provisions of Chapter 25 in Title 46 of the Rhode
24	Island General Laws, the Narragansett Bay Commission shall transfer to the State Controller the
25	sum of one million four hundred and fifty thousand dollars ($1,450,000) by June 30, 2017.
26	SECTION 17. Notwithstanding any provisions of Chapter 38 in Title 45 of the Rhode
27	Island General Laws, the Rhode Island Health and Educational Building Corporation shall
28	transfer to the State Controller the sum of five million dollars ($5,000,000) by June 30, 2017.
29	SECTION 18. Notwithstanding any provisions of Chapter 1 in Title 1 of the Rhode
30	Island General Laws, the Rhode Island Airport Corporation shall transfer to the State Controller
31	the sum of two hundred and seventy-five thousand dollars ($275,000) by June 30, 2017.
32	SECTION 19. This article shall take effect as of July 1, 2016.
33	ARTICLE 2
34	RELATING TO PUBLIC FINANCE MANAGEMENT BOARD
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1	SECTION 1. Sections 42-10.1-2 and 42-10.1-4 of the General Laws in Chapter 42-10.1
2	entitled “Public Finance Management Board” are hereby amended to read as follows:
3	§ 42-10.1-2. Purpose. – It shall be the purpose and responsibility of the board:
4	(1) To advise and assist all state departments, authorities, agencies, boards,
5	commissions, and public and quasi-public corporations having authority to issue revenue or
6	general obligation bonds or notes with respect to issuance of and financial planning related to all
7	those bonds and notes;
8	(2) Upon request, tTo advise and/or assist any city or town and any municipal or
9	regional agency, authority, board, commission, or public or quasi-public corporation having
10	authority to issue revenue or general obligation bonds or notes with respect to the issuance and
11	financial planning related to those bonds and notes;
12	(3) To collect, maintain, and provide information on state, municipal and public or
13	quasi-public corporation debt authorization, sold and outstanding, and serve as a statistical center
14	for all state and municipal debt issues;
15	(4) To maintain contact with state municipal and public or quasi-public corporation
16	bond issuers, underwriters, credit rating agencies, investors, and others to improve the market for
17	state and local government debt issues;
18	(5) To undertake or commission studies on methods to reduce the costs and improve
19	credit ratings of state and local debt issues;
20	(6) To recommend changes in state laws and local practices to improve the sale and
21	servicing of state and local debts.
22	§ 42-10.1-4. Notice of debt issue to board. – (a) Each state, municipal and regional
23	department, authority, agency, board, commission, and public and quasi-public corporation
24	having authority to issue revenue or general obligation bonds or notes shall, no later than thirty
25	(30) days prior to the sale of any such debt issue at public or private sale, give written notice of
26	the proposed sale to the board; and each such issuer shall, within thirty (30) days after such sale,
27	submit to the board a report of final sale.
28	(b) The notice of proposed debt shall include one proposed sale date, the name of the
29	issuer, the nature of the debt issue, and the estimated principal amount thereof, and such further
30	information as may be required by rule of the board and shall be delivered in accordance with
31	procedures to be established by rule of the board; and the notice of final sale shall be made on a
32	form approved by the board and contain all of the information requested on said form. Any issuer
33	which fails to submit the report of proposed debt or report of final sale by the appropriate
34	deadline shall be subject to a per diem fine of two hundred fifty dollars ($250), which shall be
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1	collected and enforced by the Office of the General Treasurer.
2	(c) Failure of delivery of the above notice or of the time or efficiency thereof shall not
3	affect the validity of the issuance of any debt, bond or note.
4	(d) The board shall submit a report annually on or before September 30th of each year to
5	the director of administration, the speaker of the house, the chairman of the house finance
6	committee, the president of the senate, the chairman of the senate finance committee, and the
7	auditor general on debt issues by cities and towns and other authorities subject to the provision of
8	chapter 45-12, which report shall include the information set forth in division (b) of this section
9	and shall be for the notices of debt issues received during the state's fiscal year next preceding.
10	An electronic transmission of the report shall be considered an acceptable submission.
11	SECTION 2. This article shall take effect as of January 1, 2017.
12	ARTICLE 3
13	RELATING TO PUBLIC OFFICERS AND EMPLOYEES
14	SECTION 1. Section 30-15-5 of the General Laws in Chapter 30-15 entitled “Emergency
15	Management” is hereby amended to read as follows:
16	§ 30-15-5. Emergency management preparedness agency created – Personnel –
17	Facilities. – (a) There is hereby created within the executive department, the Rhode Island
18	emergency management agency (hereinafter in this chapter called the "agency"), to be headed by
19	a director, who shall be appointed by and serve at the pleasure of, the governor, and who shall be
20	in the unclassified service.
21	(b) The director may employ such technical, clerical, stenographic, and other personnel,
22	all of whom shall be in the classified service except for one administrative executive officer who
23	shall be in the unclassified service, and may make such expenditures within the appropriation
24	therefor, or from other funds made available for the purposes of this chapter, as may be necessary
25	to carry out the purposes of this chapter, consistent with other applicable provisions of law.
26	(c) The agency may provide itself with appropriate office space, furniture, equipment,
27	supplies, stationery, and printing.
28	(d) The director, subject to the direction and control of the governor, shall be the head of
29	the agency, and shall be responsible to the governor for carrying out the program for disaster
30	preparedness of this state. The director shall coordinate the activities of all organizations for
31	disasters within the state, and shall maintain liaison with and cooperate with disaster agencies and
32	organizations of other states and of the federal government. The director shall have such
33	additional authority, duties, and responsibilities authorized by this chapter as may be prescribed
34	by the governor.
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1	(e) Wherever in the general or public laws, or any rule or regulation, any reference to the
2	"executive director" shall appear, it shall be deemed to mean and shall mean "the director."
3	SECTION 2. Section 36-3-10 of the General Laws in Chapter 36-3 entitled “Division of
4	Personnel Administration” is hereby amended to read as follows:
5	§ 36-3-10. Appeals to appeal board. – (a) The personnel appeal board shall hear
6	appeals:
7	(1) By any person with provisional, probationary, or permanent status in a position in the
8	classified service aggrieved by an action of the administrator of adjudication for the department
9	of administration on matters of personnel administration.
10	(2) By any person with provisional, probationary, or permanent status in a position in the
11	classified service who has been discharged, demoted, suspended, or laid off by any appointing
12	authority.
13	(3) By any person who holds the belief that he or she has been discriminated against
14	because of his or her race, sex, age, disability, or his or her political or religious beliefs in any
15	personnel action.
16	(4) By any person who by the personnel policy of the state of Rhode Island or by
17	contractual agreement with the state of Rhode Island is vested with the right of appeal to the
18	board.
19	(b) Appeals shall be taken in accordance with the provisions of this chapter and chapter 4
20	of this title of the personnel rules provided, however, that the personnel appeal board may dismiss
21	the appeal of a person who has already appealed or seeks to appeal the same matter under
22	provisions of a contractual agreement or other law or regulation.
23	(c) For all appeals brought on or after July 1, 2016 to the personnel appeal board by an
24	employee pursuant to subsection (a)(2) above, the personnel appeal board shall give deference to
25	the degree of discipline imposed upon the employee by the appointing authority provided that the
26	factual findings of the personnel appeal board are substantially consistent with the facts relied
27	upon by the appointing authority and the degree of discipline imposed was not arbitrary,
28	capricious or contrary to rule or law.
29	SECTION 3. Sections 36-4-2, 36-4-7, 36-4-16.2, 36-4-16.5, 36-4-28, and 36-4-42 of the
30	General Laws in Chapter 36-4 entitled “Merit System” are hereby amended to read as follows:
31	§ 36-4-2. Positions in unclassified service. – (a) The classified service shall comprise all
32	positions in the state service now existing or hereinafter established, except the following specific
33	positions which with other positions heretofore or hereinafter specifically exempted by legislative
34	act shall constitute the unclassified service:
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1	(1) Officers and legislators elected by popular vote and persons appointed to fill
2	vacancies in elective offices.
3	(2) Employees of both houses of the general assembly.
4	(3) Officers, secretaries, and employees of the office of the governor, office of the
5	lieutenant governor, department of state, department of the attorney general, and the treasury
6	department.
7	(4) Members of boards and commissions appointed by the governor, members of the state
8	board of elections and the appointees of the board, members of the commission for human rights
9	and the employees of the commission, and directors of departments.
10	(5) The following specific offices:
11	(i) In the department of administration: director, chief information officer; chief digital
12	officer; cybersecurity officer; director of office of management and budget, director of
13	performance management, deputy director, chief of staff, public information officer and
14	legislative/policy director; and within the health benefits exchange: director, deputy director,
15	administrative assistant, senior policy analyst, and chief strategic planning monitoring and
16	evaluation;
17	(ii) In the department of business regulation: director, chief of staff, and legislative/policy
18	director;
19	(iii) In the department of elementary and secondary education: commissioner of
20	elementary and secondary education;
21	(iv) In the department of higher education: commissioner of postsecondary education;
22	(v) In the department of health: director, executive director, and deputy director;
23	(vi) In the department of labor and training: director, administrative assistant,
24	administrator of the labor board and legal counsel to the labor board, executive director and
25	communications director;
26	(vii) In the department of environmental management: director, chief of staff, chief public
27	affairs officer, and policy director;
28	(viii) In the department of transportation: director, chief operating officer,
29	administrator/division of project management, administrator/division of planning, chief of staff,
30	communications director, legislative director and policy director;
31	(ix) In the department of human services: director, deputy director, chief of staff,
32	communications/legislative director, policy director and director of veterans' affairs;
33	(x) In the state properties committee: secretary;
34	(xi) In the workers' compensation court: judges, administrator, deputy administrator,
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1	clerk, assistant clerk, clerk secretary;
2	(xii) In the division of elderly affairs: director;
3	(xiii) In the department of behavioral healthcare, developmental disabilities and hospitals:
4	director, chief medical officer (Eleanor Slater Hospital), chief medical officer (BHDDH), and
5	chief community relations officer;
6	(xiv) In the department of corrections: director, assistant director (institutions/operations),
7	assistant director (rehabilitative services), assistant director (administration), public information
8	officer, chief inspector, and wardens;
9	(xv) In the department of children, youth and families: director, one assistant director,
10	one associate director, one executive director, policy director, public information officer and a
11	chief of staff;
12	(xvi) In the public utilities commission: public utilities administrator;
13	(xvii) In the water resources board: general manager;
14	(xviii) In the human resources investment council: executive director.
15	(xix) In the office of health and human services: secretary of health and human services,
16	medicaid program director, communications director, and policy/legislative director.
17	(xx) In the office of commerce: secretary, deputy secretary, chief of staff,
18	communications director, legislative director, and policy director.
19	(6) Chief of the hoisting engineers, licensing division, and his or her employees;
20	executive director of the veterans memorial building and his or her clerical employees.
21	(7) One confidential stenographic secretary for each director of a department and each
22	board and commission appointed by the governor.
23	(8) Special counsel, special prosecutors, regular and special assistants appointed by the
24	attorney general, the public defender and employees of his or her office, and members of the
25	Rhode Island bar occupying a position in the state service as legal counsel to any appointing
26	authority.
27	(9) The academic and/or commercial teaching staffs of all state institution schools, with
28	the exception of those institutions under the jurisdiction of the board of regents for elementary
29	and secondary education and the board of governors for higher board of education.
30	(10) Members of the military or naval forces, when entering or while engaged in the
31	military or naval service.
32	(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the
33	supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic
34	tribunal, jurors and any persons appointed by any court.
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1	(12) Election officials and employees.
2	(13) Deputy sheriffs and other employees of the sheriffs division within the department
3	of public safety.
4	(14) Patient or inmate help in state charitable, penal, and correctional institutions and
5	religious instructors of these institutions and student nurses in training, residents in psychiatry in
6	training, and clinical clerks in temporary training at the institute of mental health within the state
7	of Rhode Island medical center.
8	(15)(i) Persons employed to make or conduct a temporary and special inquiry,
9	investigation, project or examination on behalf of the legislature or a committee therefor, or on
10	behalf of any other agency of the state if the inclusion of these persons in the unclassified service
11	is approved by the personnel administrator. The personnel administrator shall notify the house
12	fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person
13	in the unclassified service.
14	(ii) The duration of the appointment of a person, other than the persons enumerated in
15	this section, shall not exceed ninety (90) days or until presented to the department of
16	administration. The department of administration may extend the appointment another ninety (90)
17	days. In no event shall the appointment extend beyond one hundred eighty (180) days.
18	(16) Members of the division of state police within the department of public safety.
19	(17) Executive secretary of the Blackstone Valley district commission.
20	(18) Artist and curator of state owned art objects.
21	(19) Mental health advocate.
22	(20) Child advocate.
23	(21) The position of aquaculture coordinator and marine infrastructure specialist within
24	the coastal resources management council.
25	(22) Employees of the office of the health insurance commissioner.
26	(23) In the department of revenue: the director, secretary, attorney, deputy director, and
27	public information officer.
28	(24) In the department of public safety: the director, and public information officer.
29	(25) In the emergency management agency: director and administrative executive officer.
30	(b) Provided however that, if any position added to the unclassified service by legislative
31	act after January 1, 2015, is occupied by a classified employee on June 30, 2015, such position
32	shall remain in the classified service until such position becomes vacant.
33	§ 36-4-7. Probationary period in noncompetitive branch – Acquisition of full status.
34	– (a) Effective for all appointments made on or after July 1, 2016 and subject to subsection (b)
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1	below, persons Persons appointed to positions in the noncompetitive branch shall serve a
2	probationary period of six (6) twelve (12) months during which time the appointing authority
3	shall report to the personnel administrator every sixty (60) one hundred and twenty (120) days
4	concerning the work of the employee and at the end of the probationary period no further salary
5	or other compensation shall be paid to the employee unless the appointing authority has filed with
6	the personnel administrator a statement, in writing, that the services of the employee have been
7	satisfactory and that it is desired that his or her services be continued. The probationary period is
8	further defined to be one hundred and thirty (130) two hundred and fifty-one (251) days worked
9	in the non-competitive position to which the person has been appointed. Upon completion of the
10	probationary period and receipt of the statement of satisfactory service by the personnel
11	administrator and having fulfilled the requirements for character and physical condition, the
12	employee shall be deemed to have acquired full status and shall enjoy all the rights and privileges
13	of that status. Whenever a class of positions shall be assigned to the noncompetitive branch, every
14	employee holding a position in that class at the time of assignment who is a temporary employee
15	and has served in that class for six (6) twelve (12) months or more shall be considered to have
16	completed the required probationary period and upon receipt of a statement from his or her
17	appointing authority that his or her services have been satisfactory shall be deemed to have
18	acquired full status and shall enjoy all the rights and privileges of that status. A temporary
19	employee who has served at least four (4) eight (8) months but has not completed six (6) twelve
20	(12) months shall be deemed to have served four (4) eight (8) months of the required probationary
21	period and his or her appointing authority shall submit a report concerning the work of the
22	employee to the personnel administrator and shall at the end of sixty (60) one hundred and twenty
23	(120) days submit a final probationary report for the employee. An employee who has served at
24	least two (2) four (4) months but has not completed four (4) eight (8) months shall be deemed to
25	have served two (2) four (4) months of the required probationary period and his or her appointing
26	authority shall submit a report concerning the work of the employee to the personnel
27	administrator and shall subsequently submit a probationary report at the end of the next sixty (60)
28	one hundred and twenty (120) days and a final probationary report at the end of six (6) twelve
29	(12) months of service.
30	(b) In the event an appointee is covered by a collective bargaining agreement that is in
31	effect on June 30, 2016, the probationary period provisions of the collective bargaining
32	agreement shall govern until the scheduled expiration date without regard to any extensions.
33	§ 36-4-16.2. Duties and responsibilities of the department of administration. – (a) It
34	is the duty of the department of administration to maintain a pay plan for unclassified employees
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1	of the state, including any rules and regulations that are necessary to implement and complement
2	the plan. In maintaining the pay plan, it will be the duty of the department of administration to
3	allocate all new unclassified positions to existing grades within the plan, and to review at least
4	once annually all existing unclassified positions and to reallocate those positions within the pay
5	plan as it deems proper. No new unclassified position shall be created or allocated or reallocated
6	to any grade within the plan unless state agency and department heads have been afforded the
7	opportunity to make recommendations regarding the proposed changes; provided further,
8	however that any unclassified position that has been vacant for more than twelve (12) months
9	shall be canceled and removed from the unclassified pay plan unless within that twelve (12)
10	months the person having supervisory authority over the position requests an extension, in which
11	case the department of administration may approve an extension of not more than twelve (12)
12	months; and provided further, that employees, appointing authorities, and the general public, shall
13	be afforded an opportunity at a public hearing to provide testimony, orally and in writing,
14	regarding the changes, prior to the department's submission of recommendations to the governor.
15	The agenda for the public hearing shall include a summary of the proposed changes. Hearings
16	conducted pursuant to this section shall be subject to the provisions of chapter 46 of title 42.
17	(b) The department of administration, notwithstanding any provision to the contrary,
18	shall only have the authority to make recommendations to the governor provided however that the
19	governor may delegate his or her authority to receive, accept, modify or reject any
20	recommendations to the director of administration. The governor or the director of administration
21	through authority delegated by the governor shall approve and adopt the plan with such changes
22	as he or she may deem necessary. Following approval by the governor or the director of
23	administration through authority delegated by the governor, all unclassified pay plan changes
24	shall be included in the normal budget process in the appropriate section of the personnel
25	supplement.
26	(c) When the pay plan and regulations have been adopted they shall constitute the official
27	pay schedule for the positions in the unclassified service. Thereafter, no person in the unclassified
28	service shall be paid a salary that is greater than the maximum or less than the minimum rates
29	fixed by the approved pay plan and regulations or by amendments thereto, nor shall salary
30	adjustments for unclassified employees made by the department of administration during its
31	review exceed two (2) grades per year at the maximum of the grade; provided, however, that
32	unclassified employees shall be entitled to all monetary additives accorded other state employees,
33	including, but not limited to, longevity and incentive training awards.
34	§ 36-4-16.5. Certain unclassified positions excluded. – Sections Section 36-4-16.2 and
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1	36-4-16.4 of this chapter shall have no application to those positions enumerated in subdivisions
2	36-4-2(1), 36-4-2(2) and 36-4-2(3), and the department of administration shall have no
3	jurisdiction over the status, tenure or salaries of those said enumerated positions.
4	§ 36-4-28. Probationary period. – (a) Effective for all appointments made on or after
5	July 1, 2016 and subject to subsection (b) below, all All original appointments and promotional
6	appointments to the classified service shall be for a probationary period of six (6) twelve (12)
7	months, during which time the appointment authority shall report to the personnel administrator
8	every sixty (60) one hundred and twenty (120) days concerning the work of the employee and at
9	the expiration of the probationary period unless the appointing authority files with the personnel
10	administrator a statement in writing that the services of the employee during the probationary
11	period have not been satisfactory and that it is not desired that he or she be continued in the
12	service, he or she shall receive permanent status in this classification. Any employee may be
13	dismissed by the appointing authority during the probationary period for reasons relating to the
14	employee's qualifications or for the good of the service stated by the appointing authority in
15	writing and filed with the personnel administrator. The probationary period is further defined to
16	be one hundred and thirty (130) two hundred and fifty-one (251) days worked in the classified
17	position to which the person has been appointed.
18	(b) In the event an appointee is covered by a collective bargaining agreement that is in
19	effect on June 30, 2016, the probationary period provisions of the collective bargaining
20	agreement shall govern until the scheduled expiration date without regard to any extensions.
21	§ 36-4-42. Appeal from appointing authority to appeal board. – Any state employee
22	with provisional, probationary, or permanent status who feels aggrieved by an action of an
23	appointing authority resulting in a demotion, suspension, layoff, or dismissal or by any personnel
24	action which an appointing authority might take which causes the person to believe that he or she
25	had been discriminated against because of his or her race, sex, age, disability, or his or her
26	political or religious beliefs, may, within thirty (30) calendar days of the mailing of the notice of
27	that action, appeal in writing to the personnel appeal board for a review or public hearing. Within
28	thirty (30) days after conclusion of the hearing the personnel appeal board shall render a decision
29	applying the deference standard as prescribed in section 36-3-10(c) and shall notify the affected
30	employee and other interested parties of the decision which may confirm or reduce the demotion,
31	suspension, layoff, or dismissal of the employee or may reinstate the employee and the board may
32	order payment of part or all of the salary to the employee for the period of time he or she was
33	demoted, suspended, laid off, or dismissed.
34	The decision of the board shall be final and binding upon all parties concerned, and upon
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1	the finding of the personnel administrator, or upon appeal, in favor of the employee, the employee
2	shall be forthwith returned to his or her office or position without loss of compensation, seniority,
3	or any other benefits he or she may have enjoyed, or under such terms as the appeal board shall
4	determine. The employee who is returned to his or her office or position by the appeal board
5	following a review or public hearing shall be granted by the state of Rhode Island counsel fees,
6	payable to his or her representative counsel, of fifty dollars ($50.00) for each day his or her
7	counsel is required to appear before the appeal board in the behalf of the aggrieved employee.
8	SECTION 4. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled “Merit
9	System” is hereby repealed.
10	§ 36-4-16.4. Salaries of directors. – (a) In the month of March of each year, the
11	department of administration shall conduct a public hearing to determine salaries to be paid to
12	directors of all state executive departments for the following year, at which hearing all persons
13	shall have the opportunity to provide testimony, orally and in writing. In determining these
14	salaries, the department of administration will take into consideration the duties and
15	responsibilities of the aforenamed officers, as well as such related factors as salaries paid
16	executive positions in other states and levels of government, and in comparable positions
17	anywhere which require similar skills, experience, or training. Consideration shall also be given
18	to the amounts of salary adjustments made for other state employees during the period that pay
19	for directors was set last.
20	(b) Each salary determined by the department of administration will be in a flat amount,
21	exclusive of such other monetary provisions as longevity, educational incentive awards, or other
22	fringe additives accorded other state employees under provisions of law, and for which directors
23	are eligible and entitled.
24	(c) In no event will the department of administration lower the salaries of existing
25	directors during their term of office.
26	(d) Upon determination by the department of administration, the proposed salaries of
27	directors will be referred to the general assembly by the last day in April of that year to go into
28	effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting
29	concurrently within that time.
30	(e) Notwithstanding the provisions of this section, for 2015 only, the time period for the
31	Department of Administration to conduct the public hearing shall be extended to July and the
32	proposed salaries shall be referred to the general assembly by August 30. The salaries may take
33	effect before next year, but all other provisions of this section shall apply.
34	SECTION 5. Sections 36-6-3 and 36-6-5 of the General Laws in Chapter 36-6 entitled
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1	“Salaries and Traveling Expenses” are hereby amended to read as follows:
2	§ 36-6-3. Salaries of directors of state departments. – The general officers of the state
3	shall receive such annual salaries as the general assembly may by law determine. Directors shall
4	receive such annual salaries as may be from time to time established by the unclassified pay plan
5	board which shall consist of seven (7) members as provided in § 36-4-16. in the same manner as
6	employees of the office of the governor and shall be eligible to receive the same cost of living
7	raises as granted to unclassified employees of the executive branch who are not covered by a
8	collective bargaining agreement. The state controller is hereby authorized and directed to draw
9	his or her orders upon the general treasurer for the payment of such sums, or so much thereof, as
10	may be required from time to time, upon receipt by him or her of properly authenticated
11	vouchers.
12	§ 36-6-5. Manner of compensation prescribed by appropriation law. – All officials
13	and employees shall be compensated in the manner provided by the annual appropriation act or as
14	may hereafter otherwise be prescribed by law. This section shall not apply to the directors of the
15	several departments of the state of Rhode Island or to the general officers of the state of Rhode
16	Island whose salaries shall be fixed by the general assembly.
17	SECTION 6. Section 36-12-1 of the General Laws in Chapter 36-12 entitled “Insurance
18	Benefits” is hereby amended to read as follows:
19	§ 36-12-1. Definitions. – The following words, as used in §§ 36-12-1 – 36-12-14, shall
20	have the following meanings:
21	(1) "Employer", means the state of Rhode Island.
22	(2) "Employee", means all persons who are classified employees as the term "classified
23	employee" is defined under § 36-3-3, and all persons in the unclassified and non-classified
24	service of the state; provided, however, that the following shall not be included as "employees"
25	under §§ 36-12-1 – 36-12-14:
26	(i) Part-time personnel whose work week is less than twenty (20) hours a week and
27	limited period and seasonal personnel;
28	(ii) Members of the general assembly, its clerks, doorkeepers, and pages.
29	(3) "Dependents" means an employee's spouse, domestic partner and unmarried children
30	under nineteen (19) years of age. Domestic partners shall certify by affidavit to the benefits
31	director of the division of personnel that the (i) partners are at least eighteen (18) years of age and
32	are mentally competent to contract, (ii) partners are not married to anyone, (iii) partners are not
33	related by blood to a degree which would prohibit marriage in the state of Rhode Island, (iv)
34	partners reside together and have resided together for at least one year, (v) partners are financially
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1	interdependent as evidenced by at least two (2) of the following: (A) domestic partnership
2	agreement or relationship contract; (B) joint mortgage or joint ownership of primary residence,
3	(C) two (2) of: (I) joint ownership of motor vehicle; (II) joint checking account; (III) joint credit
4	account; (IV) joint lease; and/or (D) the domestic partner has been designated as a beneficiary for
5	the employee's will, retirement contract or life insurance. Misrepresentation of information in the
6	affidavit will result in an obligation to repay the benefits received, and a civil fine not to exceed
7	one thousand dollars ($1000) enforceable by the attorney general and payable to the general fund.
8	The employee will notify the benefits director of the division of personnel by completion of a
9	form prescribed by the benefits director when the domestic partnership ends.
10	(4) "Retired employee", means all persons retired from the active service of the state,
11	who, immediately prior to retirement, were employees of the state as determined by the
12	retirement board under § 36-8-1, and also all retired teachers who have elected to come under the
13	employees' retirement system of the state of Rhode Island.
14	(5) "State retiree", means all persons retired from the active service of the state who,
15	immediately prior to retirement, were employees of the state as determined by the retirement
16	board under § 36-8-1.
17	(6) "Teacher retiree", means all retired teachers who have elected to come under the
18	employees ' retirement system of the state of Rhode Island.
19	(7) "Long-term health care insurance", means any insurance policy or rider advertised,
20	marketed, offered, or designed to provide coverage for not less than twelve (12) consecutive
21	months for each covered person on an expense incurred, indemnity, prepaid, or other basis for
22	one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative,
23	maintenance, or personal care services, provided in a setting other than an acute care unit of a
24	hospital. The term includes: group and individual policies or riders whether issued by insurers,
25	fraternal benefit societies, nonprofit health, hospital, and medical service corporations; prepaid
26	health plans, health maintenance organizations; or any similar organization. Long-term health
27	care insurance shall not include: any insurance policy which is offered primarily to provide basic
28	medicare supplement coverage; basic hospital expense coverage; basic medical-surgical expense
29	coverage; hospital confinement indemnity coverage; major medical expense coverage; disability
30	income protection coverage; accident only coverage; specified disease or specified accident
31	coverage; or limited benefit health coverage. This list of excluded coverages is illustrative and is
32	not intended to be all inclusive.
33	(8) "Non-Medicare-eligible retiree health care insurance", means the health benefit
34	employees who retire from active service of the state (subsequent to July 1, 1989), who
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1	immediately prior to retirement were employees of the state as determined by the retirement
2	board pursuant to § 36-8-1, shall be entitled to receive until attaining Medicare eligibility. This
3	health care insurance shall be equal to semi-private hospital care, surgical/medical care and major
4	medical with a one hundred seventy-five dollar ($175) calendar year deductible. The
5	aforementioned program will be provided on a shared basis in accordance with § 36-12-4.
6	(9) "Medicare-eligible retiree health care insurance", means the health benefit employees
7	who retire from active service of the state (subsequent to July 1, 1989), who immediately prior to
8	retirement were employees of the state as determined by the retirement board pursuant to § 36-8-
9	1, shall have access to when eligible for Medicare. This health care insurance shall include plans
10	providing hospital care, surgical/medical services, rights and benefits which, when taken together
11	with their federal Medicare program benefits, 42 U.S.C. § 1305 et seq., shall be comparable to
12	those provided for retirees prior to the attainment of Medicare eligibility.
13	(10) "Health reimbursement arrangement", or "HRA" means an account that:
14	(i) Is paid for and funded solely by state contributions;
15	(ii) Reimburses a Medicare-eligible state retiree for medical care expenses as defined in §
16	213(d) of the Internal Revenue Code of 1986, as amended, which includes reimbursements for
17	health care insurance premiums;
18	(iii) Provides reimbursements up to a maximum dollar amount for a coverage period; and
19	(iv) Provides that any unused portion of the maximum dollar amount at the end of a
20	coverage period is carried forward to increase the maximum reimbursement amount in
21	subsequent coverage periods.
22	SECTION 7. Chapter 36-12 of the General Laws entitled “Insurance Benefits” is hereby
23	amended by adding thereto the following section:
24	§ 36-12-4.2. Retiree Health Insurance Cash Payment Option. – (a)Notwithstanding
25	any other provision of the law to the contrary, any retired employee who is receiving state health
26	insurance coverage under this chapter may opt to receive a cash payment in lieu of his or her state
27	health insurance coverage provided the retiree has other non-state health insurance coverage and
28	the director of administration has approved the cash payment. Any waiver of health insurance
29	coverage under this section must be for a defined period of time not to exceed twelve months
30	provided that there shall be no limit to the number of times a retiree may opt to waive his or her
31	state health insurance coverage in accordance with the provisions of this section.
32	(b) The director of administration is hereby authorized and empowered to adopt and
33	prescribe rules of procedure and regulations, and from time to time amend, change, and eliminate
34	rules and regulations for the purposes of administering the provisions of this section. Any such
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1	rules and regulations shall be promulgated in accordance with chapter 35 of title 42.
2	SECTION 8. This article shall take effect upon passage.
3	ARTICLE 4
4	RELATING TO GOVERNMENT ORGANIZATION
5	SECTION 1. Sections 28-5.1-2, 28-5.1-3.1 and 28-5.1-5 of the General Laws in Chapter
6	28-5.1 entitled “Equal Opportunity and Affirmative Action” are hereby amended to read as
7	follows:
8	§ 28-5.1-2. State equal opportunity office. – (a) There shall be a state equal opportunity
9	office. This office, under the direct administrative supervision of the director of
10	administration/human resources, office of diversity, equity and opportunity, shall report to the
11	governor and to the general assembly on state equal opportunity programs. The state equal
12	opportunity office shall be responsible for assuring compliance with the requirements of all
13	federal agencies for equal opportunity and shall provide training and technical assistance as may
14	be requested by any company doing business in Rhode Island and all state departments as is
15	necessary to comply with the intent of this chapter.
16	(b) The state equal opportunity office shall issue any guidelines, directives or instructions
17	that are necessary to effectuate its responsibilities under this chapter, and is authorized to
18	investigate possible discrimination, hold hearings, and direct corrective action to the
19	discrimination.
20	§ 28-5.1-3.1. Appointments to state boards, commissions, public authorities, and
21	quasi-public corporation. – (a) The general assembly finds that, as a matter of public policy, the
22	effectiveness of each appointed state board, commission, and the governing body of each public
23	authority and quasi-public corporation is enhanced when it reflects the diversity, including the
24	racial and gender composition, of Rhode Island's population. Consequently, each person
25	responsible for appointing one or more individuals to serve on any board or commission or to the
26	governing body of any public authority or board shall endeavor to assure that, to the fullest extent
27	possible, the composition of the board, commission, or governing body reflects the diversity of
28	Rhode Island's population.
29	(b) During the month of January in each year the boards, agencies, commissions, or
30	authorities are requested to file with the state equal opportunity office a list of its members,
31	designating their race, gender, and date of appointment.
32	(c) Of the candidates considered for appointment by the governor and the general
33	assembly, the governor and the general assembly shall give due consideration to
34	recommendations made by representatives of Rhode Island's minority community based
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1	organizations. through the Rhode Island Affirmative Action Professionals (RIAAP). The human
2	resources outreach and diversity office shall act as the RIAAP's liaison with state government and
3	shall forward the recommendations to appointing authorities.
4	(d) The appointing authority, in consultation with the equal employment opportunity
5	administrator and the human resources outreach and diversity administrator within the department
6	of administration, shall annually conduct a utilization analysis of appointments to state boards,
7	commissions, public authorities and quasi-public corporations based upon the annual review
8	conducted pursuant to § 28-5.1-3.
9	(e) The equal employment opportunity administrator shall report the results of the
10	analysis to the Rhode Island commission for human rights and to the general assembly by or on
11	January 31 and July 31 of each year consistent with § 28-5.1-17. The report shall be a public
12	record and shall be made available electronically on the secretary of state's website.
13	§ 28-5.1-5. Personnel administration. – (a)(1) The office of personnel administration of
14	the department of administration, in consultation with the office of diversity, equity and
15	opportunity, shall prepare a comprehensive plan indicating the appropriate steps necessary to
16	maintain and secure the equal opportunity responsibility and commitment of that division. The
17	plan shall set forth attainable goals and target dates based upon a utilization study for
18	achievement of the goals, together with operational assignment for each element of the plan to
19	assure measurable progress.
20	(2) The office of personnel administration shall:
21	(i) Take positive steps to insure that the entire examination and testing process, including
22	the development of job specifications and employment qualifications, is free from either
23	conscious or inadvertent bias, and
24	(ii) Review all recruitment procedures for all state agencies covered by this chapter for
25	compliance with federal and state law, and bring to the attention of the equal opportunity
26	administrator matters of concern to its jurisdiction.
27	(3) The division of budget shall indicate in the annual personnel supplement progress
28	made toward the achievement of equal employment goals.
29	(4) The division of purchases shall cooperate in administering the state contract
30	compliance programs.
31	(5) The division of statewide planning shall cooperate in assuring compliance from all
32	recipients of federal grants.
33	(b) The office of labor relations shall propose in negotiations the inclusion of affirmative
34	action language suitable to the need for attaining and maintaining a diverse workforce.
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1	(c) There is created a five (5) six (6) member committee which shall monitor negotiations
2	with all collective bargaining units within state government specifically for equal opportunity and
3	affirmative action interests. The members of that committee shall include the director of the
4	Rhode Island commission for human rights, the associate director of the office of diversity, equity
5	and opportunity, the equal opportunity administrator, the personnel administrator, one member of
6	the house of representatives appointed by the speaker, and one member of the senate appointed by
7	the president of the senate.
8	SECTION 2. Chapter 42-11 of the General Laws entitled “Department of
9	Administration” is hereby amended by adding thereto the following section:
10	§ 42-11-2.7. Office of diversity, equity and opportunity established. – (a) The office
11	of diversity, equity and opportunity (ODEO) shall be established as a division within the
12	department of administration. The purpose of the office shall be to ensure non-discrimination,
13	diversity, equity, and equal opportunity in all aspects of state government, including, but not
14	limited to, employment, procurement, policy and practices relative to state programs, services,
15	and activities.
16	(b) The head of this division shall be known as the associate director of ODEO who shall
17	be appointed by the director of administration in the classified service of the state and shall be
18	responsible to and report to the director. The associate director of ODEO shall oversee the ODEO
19	in all aspects, including, but not limited to, coordination of the provisions of chapter 37-14.1
20	(minority business enterprise) and chapter 28-5.1 (equal opportunity and affirmative action)
21	wherein the ODEO shall have direct administrative supervision of the state’s equal opportunity
22	office.
23	(c) ODEO shall have the following duties and responsibilities:
24	(1) Develop, administer, implement, and maintain a statewide diversity plan and
25	program, including an equity, equal opportunity, minority business enterprise, and supplier
26	diversity program, as well as other related plans and programs within the office;
27	(2) Provide leadership in the development and coordination of recruitment and retention
28	activities in order to promote diversity and encourage the use of bias-free methods and practices
29	in the hiring process, performance reviews, and promotions, and to ensure compliance with
30	applicable federal and state laws, rules, regulations, and policies;
31	(3) Support the growth and development of the state’s minority business enterprise
32	program by engaging in concerted outreach programs to build relationships, maintaining effective
33	programs to promote minority business enterprise utilization and facilitating minority business
34	enterprise in State procurement activities;
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1	(4) Develop, coordinate and oversee the recruitment, selection, and retention efforts and
2	initiatives to promote and achieve the state’s diversity goals and objectives, developing and
3	recommending recruitment strategies, and assisting with special recruitment efforts directed
4	toward ethnic minorities, women and other underrepresented groups; and
5	(5) Provide leadership in advancing management’s understanding, capacity and
6	accountability for embedding diversity and equity in employment and human resource
7	management practices as an integral part of the state’s employment opportunities.
8	(c) The director of administration may promulgate rules and regulations recommended by
9	the associate director in order to effectuate the purposes and requirements of this act.
10	SECTION 3. Sections 29-3.1-1 and 29-3.1-7 of the General Laws in Chapter 29-3.1
11	entitled “Office of Library and Information Services” are hereby amended to read as follows:
12	§ 29-3.1-1. Office of library and information services. – Within the department of
13	administration, division of enterprise technology strategy and services, there shall be an office of
14	library and information services under the direction of a chief of library services who shall be
15	appointed by the director of administration and supervised by the chief digital information officer.
16	The office is hereby empowered to cooperate with the institute of museum and library services of
17	the United States of America in the carrying out of the purposes of any and all acts of congress
18	for the benefit of library and information services within this state. The office is hereby
19	designated as the agency for the administration of any plan or plans heretofore or hereafter
20	formulated in conformity with any act or acts of congress and is authorized to administer any
21	such plan or plans and to enter into such agreements with the institute of museum and library
22	services of the United States of America as may be from time to time required under this chapter
23	or any acts or act of congress, and from time to time amend any plan or plans, except any plan, or
24	plans, or agreements, formulated or entered into or to be administered by the board of regents,
25	board of governors, or the secretary of state.
26	§ 29-3.1-7. Duties of chief of library services. – The chief of library services officer
27	shall be the executive and administrative officer in charge of the office of library and information
28	services. The chief of library services shall be in a classified position of service, shall be
29	appointed by the director of administration and shall report to the chief digital officer. The
30	position of chief information officer shall be in the unclassified service of the state. The chief of
31	library services shall serve as the chief executive officer of the library board. The chief of library
32	services shall also carry out the duties required by this chapter and by chapters 5 and 6 of this
33	title. In addition to the general supervision of the office of library and information services and
34	the appointment of the several officers and employees of the office, it shall be the duty of the
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1	chief of library services:
2	(1) To develop a systematic program of information gathering, processing, and analysis
3	addressed to every aspect of public library development and interlibrary cooperation and resource
4	sharing in this state, especially as that information relates to current and future library and
5	information service needs, so that current needs may be met with reasonable promptness and
6	plans formulated to meet future needs as they arise in the most efficient and economical manner
7	possible;
8	(2) To develop a master plan defining board goals and objectives for public library
9	development and interlibrary cooperation and resource sharing in the state. These goals and
10	objectives shall be expressed in terms of the library and information services to which individuals
11	will have access;
12	(3) To communicate with and seek the advice of those concerned with and affected by the
13	library board's determinations;
14	(4) To develop and implement board policy as it pertains to the goals and objectives
15	approved by the library board from time to time;
16	(5) To enforce standards and to exercise general supervision over interlibrary
17	cooperation and resource sharing in the state;
18	(6) To develop annually the program for the use of federal funds that is submitted to the
19	United States institute of museum and library services;
20	(7) To supervise the operation of the office of library and information services as defined
21	elsewhere in this title and such other additional duties and responsibilities as may be assigned by
22	the library board from time to time; and
23	(8) To supervise the following functions:
24	(i) To distribute state funds for public library development and interlibrary cooperation
25	and resource sharing in accordance with law and regulations of the library board;
26	(ii) To develop standards and regulations for public library development and interlibrary
27	cooperation and resource sharing;
28	(iii) To certify that public library standards and services are in accordance with law and
29	regulations of the library board;
30	(iv) To require the observance of all laws relating to public library services and
31	interlibrary cooperation and resource sharing;
32	(v) To interpret library law;
33	(vi) To give assistance, advice, and counsel to public libraries and to participants in
34	interlibrary cooperation and resource sharing activities;
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1	(vii) To require that information and statistics necessary to do the work of the office of
2	library and information services be collected, to publish findings and reports thereon;
3	(viii) To provide eligible persons who are impaired, blind, reading impaired and/or
4	physically impaired with library services through the talking books plus, in cooperation with the
5	library of congress national library service for the blind and physically handicapped;
6	(ix) To cooperate with the commissioner of elementary and secondary education in
7	supporting and encouraging effective school library media services and their integration into
8	statewide library networking activities;
9	(x) To cooperate with the state librarian and the state law librarian in strengthening
10	services to library users;
11	(xi) To cooperate with the commissioner of higher education in supporting and
12	encouraging effective library services through the state system of higher education; and
13	(xii) To coordinate with all other state departments and agencies in the provision of
14	library services to state government and to the public.
15	SECTION 4. Section 42-11-2.6 of the General Laws in Chapter 42-11 entitled
16	“Department of Administration” is hereby amended to read as follows:
17	§ 42-11-2.6. Office of Digital Excellence established. – (a) Within the department,
18	division of enterprise technology strategy and services, there shall be established the Office of
19	Digital Excellence. The purposes of the office shall be to move RI Rhode Island state government
20	into the 21st century through the incorporation of innovation and modern digital capabilities
21	throughout state government and to leverage technology to expand and improve the quality of
22	services provided to RI Rhode Island citizens, to promote greater access to government and the
23	internet throughout cities and towns, and to position Rhode Island as a national leader in e-
24	government.
25	(b) Within the office there shall be a chief digital officer who shall be appointed by the
26	director of administration with the approval of the governor and who shall be in the unclassified
27	service. The chief digital officer shall report to the director of administration and be required to:
28	(1) Manage the implementation of all new and mission critical technology infrastructure
29	projects and upgrades for state agencies. The division of information technology enterprise
30	technology strategy and services established pursuant to executive order 04-06 § 42-11-2.7 shall
31	continue to manage and support all day-to-day operations of the state's technology infrastructure,
32	telecommunications, and associated applications;
33	(2) Increase the number of government services that can be provided online in order to
34	allow residents and businesses to complete transactions in a more efficient and transparent
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1	manner;
2	(3) Improve the state's websites to provide timely information to online users and as
3	many government services as possible online; and
4	(4) Establish, improve and enhance the state's use of social media and mobile
5	technological applications.
6	(c) The office shall coordinate its efforts with the division of information technology
7	enterprise technology strategy and services in order to plan, allocate and implement projects
8	supported by the information technology investment fund established pursuant to § 42-11-2.5.
9	(d) All intellectual property created as a result of work undertaken by employees of the
10	office shall remain the property of the state of Rhode Island and Providence Plantations. Any
11	patents applied for shall be in the name of the state.
12	(e) The director of administration may promulgate rules and regulations recommended by
13	the chief digital officer in order to effectuate the purposes and requirements of this act.
14	(f) The chief digital officer shall report no later than January 31, 2013 and every January
15	31 thereafter to the governor, the speaker of the house of representatives and the senate president
16	regarding the implementation status of all technology infrastructure projects, website
17	improvements, number of e-government transactions and revenues generated, projects supported
18	by the information technology investment fund and all other activities undertaken by the office.
19	The annual report shall be posted on the office's website.
20	SECTION 5. Chapter 42-11 of the General Laws entitled “Department of
21	Administration” is hereby amended by adding thereto the following section:
22	§ 42-11-2.7. Division of enterprise technology strategy and service established.– (a)
23	Established. Within the department there shall be established the division of enterprise
24	technology strategy and service (ETSS), which shall include the office of information technology,
25	the office of digital excellence (ODE), and the office of library and information services (OLIS).
26	Within ETSS, there shall be a chief digital officer in the unclassified service who shall oversee
27	and manage the division and shall be appointed by the director of administration. Any prior
28	reference in statute to the division of information technology shall now mean ETSS. The chief
29	digital officer shall supervise the state’s chief information officer, chief technology officer, chief
30	information security officer, the directors of information technology and all associated
31	employees. The chief digital officer may promulgate rules and regulations in order to effectuate
32	the purposes and requirements of this act.
33	(b) Purposes; duties. The purposes of ETSS shall be to align existing and future
34	technology platforms, along with technical expertise across the agencies of the executive branch.
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1	ETSS shall be responsible for managing and consolidating the strategy and budgets of the
2	division, including the office of information technology, the office of library and information
3	services and the office of digital excellence, and the information technology investment fund. The
4	focus of ETSS will be to lead the strategic technology decisions and efforts across all of the
5	executive branch state agencies, identify opportunities to implement technology solutions across
6	state agencies to prevent duplication of systems and effort, as well as effectively support these
7	solutions in an efficient manner. ETSS shall have the following duties:
8	(1) Manage the implementation of all new and mission critical technology infrastructure
9	projects and upgrades for state agencies. The office of information technology, under ETSS, shall
10	manage and support all day-to-day operations of the state's technology infrastructure,
11	telecommunications, and associated applications;
12	(2) Manage the office of digital excellence in order to ensure that large scale technology
13	projects are delivered in a timely manner in accordance with accepted best industry practices;
14	(3) To oversee the chief of library services and the office of library and information
15	services to ensure that this office fulfills its statutory duties in an effective manner;
16	(4) Coordinate efforts with the director of administration in order to plan, allocate and
17	implement projects supported by the information technology investment fund established
18	pursuant to § 42-11-2.5.
19	(5) Supervise all intellectual property created as a result of work undertaken by
20	employees of ETSS to ensure that ownership of this intellectual property remains with the state.
21	Any patents applied for shall be in the name of the state.
22	(c) Reporting. The chief digital officer shall report no later than January 31st to the
23	governor, the speaker of the house of representatives and the senate president regarding the
24	implementation status of all technology infrastructure projects, website improvements, number of
25	e-government transactions and revenues generated, projects supported by the information
26	technology investment fund and all other activities undertaken by the division. The annual report
27	shall be posted on the ETSS website.
28	SECTION 6. Chapter 42-11 of the General Laws entitled “Department of
29	Administration” is hereby amended by adding thereto the following section:
30	§ 42-11-2.8. Division of capital asset management and maintenance established.-- (a)
31	Establishment. Within the department of administration there shall be established the division of
32	capital asset management and maintenance (“DCAMM”). Any prior references to the division of
33	facilities management and/or capital projects, if any, shall now mean DCAMM. Within the
34	DCAMM there shall be a director of DCAMM who shall be in the classified service and shall
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1	appointed by the director of administration. The director of DCAMM shall have the following
2	responsibilities:
3	(1) Oversee, coordinate, and manage the operating budget, personnel and functions of
4	DCAMM in carrying out the duties described below;
5	(2) Review agency capital budget requests to ensure that the request is consistent with
6	strategic and master facility plans for the state of Rhode Island.
7	(3) Promulgate and adopt regulations necessary to carry out the purposes of this section.
8	(b) Purpose. The purpose of the DCAMM shall be to manage and maintain state property
9	and state owned facilities in a manner that meets the highest standards of health, safety, security,
10	accessibility, energy efficiency and comfort for citizens and state employees and ensures
11	appropriate and timely investments are made for state property and facility maintenance.
12	(c) Duties and Responsibilities of DCAMM. DCAMM shall have the following duties and
13	responsibilities:
14	(1) To oversee all new construction and rehabilitation projects on state property, not
15	including property otherwise assigned outside of the executive department by Rhode Island
16	general laws or under the control and supervision of the judicial branch;
17	(2) To assist the department of administration in fulfilling any and all capital asset and
18	maintenance related statutory duties assigned to the department under chapter 37-8 (public
19	buildings) or any other provision of law, including, but not limited to the following statutory
20	duties provided in § 42-11-2:
21	(i) To maintain, equip, and keep in repair the state house, state office buildings, and other
22	premises owned or rented by the state for the use of any department or agency, excepting those
23	buildings, the control of which is vested by law in some other agency;
24	(ii) To provide for the periodic inspection, appraisal or inventory of all state buildings
25	and property, real and personal;
26	(iii) To require reports from state agencies on the buildings and property in their custody;
27	(iv) To issue regulations to govern the protection and custody of the property of the state;
28	(v) To assign office and storage space and to rent and lease land and buildings for the use
29	of the several state departments and agencies in the manner provided by law;
30	(vi) To control and supervise the acquisition, operation, maintenance, repair, and
31	replacement of state-owned motor vehicles by state agencies;
32	(3) To generally manage, oversee, protect and care for the state’s properties and facilities
33	not otherwise assigned by Rhode Island general laws, including, but not limited to the following
34	duties:
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1	(i) Space management, procurement, usage and/or leasing of private or public space;
2	(ii) Care, maintenance, cleaning and contracting for such services as necessary for state
3	property;
4	(iii) Capital equipment replacement;
5	(iv) Security of state property and facilities unless otherwise provided by law;
6	(v) Ensuring Americans with Disabilities Act (ADA) compliance;
7	(vi) Responding to facilities emergencies;
8	(vii) Managing traffic flow on state property;
9	(viii) Grounds keeping/landscaping/snow removal services;
10	(ix)Maintenance and protection of artwork and historic artifacts
11	(4) To manage and oversee state fleet operations
12	(d) All state agencies shall participate in a statewide database and/or information system
13	for capital assets, which shall be established and maintained by DCAMM.
14	(e) Offices and boards assigned to DCAMM. DCAMM shall oversee the following
15	boards, offices and functions:
16	(1) Office of planning, design, and construction (PDC);
17	(2) Office of facilities management and maintenance (OFMM);
18	(3) Contractors’ registration and licensing board (§ 5-35-1 et seq.);
19	(4) State building code (§ 23-27.3-1 et seq.)
20	(5) Office of risk management (§ 37-11-1 et seq.)
21	(6) Fire safety code board of appeal and review (§ 23-28.3-1 et seq.)
22	(7) Office of state fleet operations (§ 42-11-2.4(d))
23	(f) The boards, offices and functions assigned to DCAMM shall:
24	(1) Exercise their respective powers and duties in accordance with their statutory
25	authority and the general policy established by the director of DCAMM or in accordance with the
26	powers and authorities conferred upon the director of DCAMM by this section;
27	(2) Provide such assistance or resources as may be requested or required by the director
28	of DCAMM or the director of administration;
29	(3) Provide such records and information as may be requested or required by the director
30	of DCAMM or the director of administration; and,
31	(4) Except as provided herein, no provision of this chapter or application thereof shall be
32	construed to limit or otherwise restrict the offices stated above from fulfilling any statutory
33	requirement or complying with any valid rule or regulation.
34	SECTION 7. Sections 35-1.1-2 and 35-1.1-4 of the General Laws in Chapter 35-1.1
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1	entitled “Office of Management and Budget” are hereby amended to read as follows:
2	§ 35-1.1-2. Establishment of the office of management and budget. – There is hereby
3	established within the department of administration an office of management and budget. This
4	office shall serve as the principal agency of the executive branch of state government for
5	managing budgetary functions, performance management, internal audit and federal grants
6	management. In this capacity, the office shall:
7	(1) Establish an in-depth form of data analysis within and between departments and
8	agencies, creating a more informed process for resource allocation to best meet the needs of
9	Rhode Island citizens;
10	(2) Identify federal grant funding opportunities to support the Governor's and General
11	Assembly's major policy initiatives and provide technical assistance with the application process
12	and post-award grants management;
13	(3) Analyze federal budgetary issues and report on potential impacts to the state;
14	(4) Coordinate the budget functions of the state with performance management
15	objectives;
16	(5) Maximize efficiencies in departments, agencies, advisory councils and
17	instrumentalities of the State by improving processes and prioritizing programs;
18	(6) Upon the written request of the governor, the director of the department of
19	administration, or the director of the office of management and budget, the office shall conduct
20	audits, provide management advisory and consulting services, or conduct investigations relative
21	to the financial affairs or the efficiency of management, or both, of any state department or
22	agency. The office may from time to time make such investigations and additional reports to the
23	governor, the director of the department of administration or the director of the office of
24	management and budget shall deem necessary or advisable. Be responsible for the internal audit
25	function of state government and conduct audits of any state department, state agency, or private
26	entity that is a recipient of state funding or state grants; provide management advisory and
27	consulting services; or conduct investigations relative to the financial affairs or the efficiency of
28	management, or both, of any state department or agency.
29	§ 35-1.1-4. Offices and functions assigned to the office of management and budget –
30	Powers and duties. – (a) The offices assigned to the office of management and budget include
31	the budget office, the performance management office, office of internal audit and the federal
32	grants management office.
33	(b) The offices assigned to the office of management and budget shall:
34	(1) Exercise their respective powers and duties in accordance with their statutory
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1	authority and the general policy established by the governor or by the director acting on behalf of
2	the governor or in accordance with the powers and authorities conferred upon the director by this
3	chapter;
4	(2) Provide such assistance or resources as may be requested or required by the governor
5	and/or the director;
6	(3) Provide such records and information as may be requested or required by the
7	governor and/or the director, to the extent allowed under the provisions of any applicable general
8	or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of
9	such records or information; and,
10	(c) Except as provided herein, no provision of this chapter or application thereof shall be
11	construed to limit or otherwise restrict the budget officer from fulfilling any statutory requirement
12	or complying with any valid rule or regulation.
13	SECTION 8. Sections 35-7-1, 35-7-3, 35-7-3.1, 35-7-5, 35-7-5.1, 35-5-7 of the General
14	Laws in Chapter 35-7 entitled “Post Audit of Accounts” are hereby repealed.
15	§ 35-7-1. Bureau of audits. – The director of administration shall create a bureau of
16	audits which shall conduct all audits required by any department.
17	§ 35-7-3. Audits performed by the bureau of audits. – (a) The bureau of audits is
18	authorized to conduct audits of any state department, state agency, or private entity that is a
19	recipient of state funding or state grants. As deemed necessary or expedient by the bureau of
20	audits, audits may be made relative to the financial affairs or the economy and efficiency of
21	management of each department and agency. The bureau of audits shall determine which such
22	audits shall be performed in accordance with a risk-based evaluation. Unless there is an issue of
23	misappropriation, the provisions of this section shall not apply to non-profit organizations.
24	(b) Within twenty (20) days following the date of the issuance of the final audit report,
25	the head of the department, agency or private entity audited shall respond in writing to each
26	recommendation made in the final audit report. This response shall address the department's,
27	agency's or private entity's plan of implementation for each specific audit recommendation and, if
28	applicable, the reasons for disagreement with any recommendation proposed in the audit report.
29	Within one year following the date on which the audit report was issued, the bureau of audits may
30	perform a follow-up audit for the purpose of determining whether the department, agency or
31	private entity has implemented, in an efficient and effective manner, its plan of action for the
32	recommendations proposed in the audit report.
33	(c) The bureau of audits shall maintain a full record of each audit. In the event that
34	information gathered as a result of an audit indicates that criminal activity may have occurred, the
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1	chief of the bureau of audits may provide such information to a state or federal law enforcement
2	agency. For any such information that is otherwise exempt from public disclosure under the
3	provisions of Rhode Island general law § 38-2-1 et seq., the provision of such information to a
4	law enforcement agency shall not therefore require that this information be further disclosed.
5	(d) Copies of each audit report, the written response to the audit report, and the results of
6	each follow-up audit as described in subsection (b) above shall be submitted to the chairpersons
7	of the house finance committee and the senate finance committee.
8	§ 35-7-3.1. Cost of forensic examinations. – When it is determined by the bureau of
9	audits that an audit is necessary because there is sufficient evidence to believe that there may
10	have been fiscal impropriety, wrongdoing or fiscal mismanagement by any employee, board
11	member, or commissioner of any state agency or authority as defined in § 42-35-1, the bureau of
12	audits may conduct a forensic examination of such entity. All costs associated with the forensic
13	examination shall be paid, as deemed appropriate, either by the examined entity or by an
14	appropriation proposed by the governor and enacted by the general assembly. Such costs shall
15	include, but not be limited to, the following expenses:
16	(1) One hundred percent (100%) of the total salaries and benefits paid to the examining
17	personnel of the bureau of audits engaged in those examinations;
18	(2) All costs associated with the procurement of a forensic consultant;
19	(3) All costs associated with a consultant that provides expertise pertinent to the
20	examinee's operations;
21	(4) All reasonable technology costs related to the forensic examination process.
22	Technology costs shall include the actual cost of software and hardware utilized in the
23	examination process and the cost of training examination personnel in the proper use of the
24	software hardware.
25	§ 35-7-5. Investigations or management advisory and consulting services upon
26	request of governor or general assembly. – The bureau of audits shall, upon the written request
27	of the governor, the director of the department of administration, or of either branch of the
28	general assembly, conduct audits, provide management advisory and consulting services, or
29	conduct investigations relative to the financial affairs or the economy and efficiency of
30	management, or both, of any state department or agency. The bureau of audits may from time to
31	time make such investigations and additional reports to the governor, the director of the
32	department of administration, and the general assembly as the chief of the bureau shall deem
33	necessary or advisable.
34	§ 35-7-5.1. Management advisory and consulting services provided to state agencies
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1	and departments. – When requested in writing by the head of a state department or agency to the
2	director of administration, the bureau of audits may provide management advisory or consulting
3	services to the department or agency. Any such request must include the scope of services
4	requested and a schedule for the work to be performed.
5	§ 35-7-7. Persons authorized to conduct audits – Reports of irregularities. – Any
6	qualified person duly authorized by the director of administration to act as auditor may examine
7	the books, papers, and documents of any department, or of the clerk of any court or office of the
8	state having control of funds, and if the audit discloses any irregularities or improper handling of
9	records or funds, the auditor shall report the same to the director, who shall report to the governor
10	with his or her recommendations.
11	SECTION 9. Section 35-7-15 of the General Laws in Chapter 35-7 entitled “Post Audit
12	of Accounts” is hereby amended to read as follows:
13	§ 35-7-15. Audit of information security systems. – (a) The general assembly
14	recognizes that the security of government computer systems is essential to ensuring the stability
15	and integrity of vital information gathered and stored by the government for the benefit of the
16	citizenry and the breach of security over computer systems presents a risk to the health, safety,
17	and welfare of the public. It is the intent of the legislature to ensure that government computer
18	systems and information residing on these systems are protected from unauthorized access,
19	compromise, sabotage, hacking, viruses, destruction, illegal use, cyber-attack, or any other act
20	that might jeopardize or harm the computer systems and the information stored on them.
21	(b) In conjunction with the powers and duties outlined in this chapter, the bureau of
22	audits office of internal audit may conduct reviews and assessments of the various government
23	computer systems and the security systems established to safeguard these computer systems.
24	Computer systems subject to this section shall include systems that pertain to federal, state, or
25	local programs, and quasi-governmental bodies, and the computer systems of any entity or
26	program that is subject to audit by the bureau of audits office of internal audit. The bureau of
27	audit's office of internal audit’s review may include an assessment of system vulnerability,
28	network penetration, potential security breaches, and susceptibility to cyber attack and cyber
29	fraud.
30	(c) The bureau of audit's office of internal audit’s findings shall be deemed public records
31	and available for public inspection; provided, however, in the event the review indicates a
32	computer system is vulnerable, or security over the system is otherwise deficient, reasonably
33	segregable portions of the findings shall be subject to public inspection after the redaction of any
34	information the disclosure of which would endanger the security of the system or reveal the
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1	specific nature of the vulnerabilities found. Notwithstanding any other provision of law to the
2	contrary, the work papers developed in connection with the review of computer systems and the
3	security over those systems authorized by this section shall not be deemed public records and are
4	not subject to disclosure.
5	(d) In order to maintain the integrity of the computer system, the bureau of audits office
6	of internal audit may procure the services of specialists in information security systems or other
7	contractors deemed necessary in conducting reviews under this section, and in procuring those
8	services shall be exempt from the requirements of the state purchasing law or regulation.
9	(e) Any outside contractor or vendor hired to provide services in the review of the
10	security of a computer system shall be bound by the confidentiality provisions of this section.
11	SECTION 10. TITLE 35 of the General Laws entitled “Public Finance” is hereby
12	amended by adding thereto the following chapter:
13	CHAPTER 7.1
14	THE OFFICE OF INTERNAL AUDIT
15	§ 35-7.1-1. Establishment of office of internal audit. – (a) There is hereby established
16	within the office of management and budget an office of internal audit. Within the office of
17	internal audit, there shall be a chief, appointed by the director of administration, who shall be the
18	administrative head of the office. The person so selected to be the chief shall be selected without
19	regard to political affiliation and with a demonstrated ability in the following areas: accounting,
20	auditing, financial analysis, investigation, management analysis, and public administration. The
21	office of internal audit will report to the office of management and budget director. Any
22	reference in general law to the “bureau of audits” shall mean the office of internal audit.
23	(b) The chief of the office of internal audit shall not hold, or be a candidate for, any
24	elective or any other appointed public office while a chief. No current chief shall hold a position
25	in any political party or political committee, or, aside from voting, actively engage in the political
26	campaign of any candidate for public office that may cause a real or perceived conflict of interest,
27	or participate as a board member of any entity that receives state or federal funding.
28	(c) No employee of the office of internal audit shall hold, or be a candidate, for any
29	elective public office while an employee, nor shall he/she hold a position in any political party or
30	political committee or, aside from voting, actively engage in a political campaign of any
31	candidate for public office that may cause a real or perceived conflict of interest, or participate as
32	a board member of any not for profit entity that receives state or federal funding.
33	(d) Purposes and scope. The office of internal audit is authorized to conduct audits of any
34	state department, state agency, or private entity that is a recipient of state funding or state grants.
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1	In addition, the office of internal audit is authorized, but not limited to, evaluating the efficiency
2	of operations and internal controls, preventing and detecting fraud, waste, abuse or
3	mismanagement in the expenditure of public funds, whether federal, state, or local, which are
4	related to any and all state programs and operations as well as the procurement of any goods,
5	services, or construction, by public bodies. As deemed necessary or expedient by the office of
6	internal audit, audits may be made relative to the financial affairs or the economy and efficiency
7	of management of each department, agency or public body. The office of internal audit shall
8	determine which such audits shall be performed in accordance with a risk-based evaluation.
9	(e) “Public body” or “public bodies” under this chapter shall mean state agencies,
10	bureaus, divisions, departments, offices, commissions, boards, institutions, including the public
11	institutions of higher education, districts, authorities, quasi-agencies or political subdivisions
12	created by the general assembly, or the governor. “Public body” shall also include any city and
13	town within the state of Rhode Island but municipal audits under this chapter shall only cover the
14	expenditure of state or federal funds distributed by the state. Audits and investigations of public
15	bodies may include the expenditures by nongovernmental agencies of federal, state, and local
16	public funds.
17	§ 35-7.1-2. Duties. -- (a) The chief of internal audit shall supervise, coordinate and/or
18	conduct audits, civil and administrative investigations, and inspections or oversight reviews,
19	when necessary, relating to expenditure of state or federal funds or to any and all state programs
20	and operations as well as the procurement of any supplies, services, or construction, by public
21	bodies. In the course of an audit or investigation, the office of internal audit shall review statutes
22	and regulations of the public body and shall determine if such a public body is in compliance and
23	shall make recommendations concerning the efficiency of operations, and the effect of such
24	statutes or regulations on internal controls and the prevention and detection of fraud, waste and
25	abuse. The chief of internal audit may recommend policies or procedures that may strengthen
26	internal controls, or assist in the prevention or detection of fraud, waste and abuse or
27	mismanagement.
28	(b) The person or persons with legal authority for any public body may request the
29	assistance of the office of internal audit. Any such request must include the scope of services
30	requested and the work to be performed. In such events the chief, with the approval of the
31	director of management and budget, may assign personnel to conduct, supervise or coordinate
32	such activity as deemed necessary and appropriate to perform his/her duties in a diligent and
33	prudent manner. The expenses for any such assistance requested by the public body shall be
34	reimbursed by the public body to the office of internal audit. The chief may recommend policies
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1	for the conduct, supervision or coordination of relationship, between state and other state, local
2	governmental agencies as well as federal governmental agencies and nongovernmental entities
3	with respect to all matters relating to the prevention and detection of fraud, waste, abuse or
4	mismanagement in or relating to any and all programs and activities of the state of Rhode Island.
5	(c) When it is determined by the office of internal audit that an audit is necessary
6	because there is sufficient evidence to believe that there may have been fiscal impropriety,
7	wrongdoing or fiscal mismanagement by any agent, employee, board member, or commissioner
8	of any public body, the office of internal audit may conduct a forensic examination of such entity.
9	All costs associated with the forensic examination shall be paid, as deemed appropriate, either by
10	the examined entity or by an appropriation by the general assembly. Such costs shall include, but
11	not be limited to, the following expenses:
12	(1) One hundred percent (100%) of the total salaries and benefits paid to the examining
13	personnel of the office of internal audit engaged in those examinations;
14	(2) All costs associated with the procurement of a forensic consultant;
15	(3) All costs associated with a consultant that provides expertise pertinent to the
16	examinee's operations;
17	(4) All reasonable administrative and technology costs related to the forensic examination
18	process. Technology costs shall include the actual cost of software and hardware utilized in the
19	examination process and the cost of training examination personnel in the proper use of the
20	software and hardware.
21	§ 35-7.1-3. Investigations or management advisory and consulting services upon
22	request of governor or general assembly. – The office of internal audit may, upon the written
23	request of the governor or of the general assembly conduct audits, provide management advisory
24	and consulting services, or conduct investigations relative to the financial affairs or the economy
25	and efficiency of management, or both, of any public bodies as defined in § 35-7.1-1(e). The
26	office of internal audit may from time to time make such investigations and additional reports to
27	the governor, the director of the department of administration, the director of the office of
28	management and budget and the general assembly as deem necessary or advisable.
29	§ 35-7.1-4. Management advisory and consulting services provided to public bodies.
30	– When requested in writing by a public body to the chief, the office of internal audit may
31	provide management advisory or consulting services to the public body. Any such request must
32	include the scope of services requested and a schedule for the work to be performed.
33	§ 35-7.1-5. Persons authorized to conduct audits – Reports of irregularities. – Any
34	qualified person duly authorized by the director of management and budget to act as auditor may
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1	examine the books, papers, and documents of any public body having control of state or federal
2	funds, and if the audit discloses any irregularities or improper handling of records or funds, the
3	auditor shall report the same to the chief who shall in turn report such findings and
4	recommendations to the director of management and budget, who shall further report to the
5	director of administration.
6	§ 35-7.1-6. Inspection of records and papers – Investigations. – (a) The chief, in
7	carrying out the duties outlined in this chapter, shall have access to all records, reports, audits,
8	reviews, papers, books, documents, recommendations, correspondence, including information
9	relative to the purchase of goods or services or anticipated purchase of goods or services from any
10	agent, contractor or vendor by any public body as defined in §35-7.1-1(e), and any other data and
11	material that is maintained by or available to any public body regardless of the media in which it
12	is maintained which is in any way related to the programs and operations with respect to public
13	bodies.
14	(b) The chief may request information and records, cooperation and assistance from any
15	state, or local governmental agency as may be necessary for carrying out his/her duties and
16	responsibilities. Upon receipt of such request, each person in charge of the public body shall
17	furnish to the chief or his/her authorized agent or representative such information and records,
18	cooperation and assistance, including information relative to the purchase of goods or services or
19	anticipated purchase of goods or services from any contractor or vendor by any public body
20	within ten (10) business days of receipt of the chief’s request. If the public body is unable to
21	comply with the request for records and/or information within (10) business days, the public body
22	must notify the chief prior to the expiration of the ten (10) ten business days in writing as to the
23	reason or reasons why the request cannot be fulfilled within this time and whether additional time
24	is necessary.
25	(c) The chief may initiate and conduct audits, investigations, and compliance reviews and
26	shall prepare detailed findings, conclusions, and recommendations concerning the administration
27	of programs or operations, and internal controls over processes of public bodies.
28	(d) The chief shall have direct and prompt access to any public body, its agents, officers
29	and employees when necessary for any purpose pertaining to the performance of his/her duties
30	and responsibilities under this chapter.
31	§ 35-7.1-7. Complaint – Investigation. – (a) The chief shall accept and may investigate
32	or audit complaints or information from any identified individual concerning the possible
33	existence of any activity constituting fraud, waste, abuse or mismanagement relating to programs
34	and operations of public bodies.
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1	(b) The chief shall not, after receipt of a complaint or information from an employee,
2	contractor or private citizen who requests confidentiality, disclose the identity of that individual,
3	without the written consent of said individual, unless the chief determines such disclosure is
4	necessary and unavoidable during the course of an investigation. In such event, the individual
5	filing the complaint shall be notified if possible immediately of such disclosure.
6	(c) Employees are protected under the chapter 50 of title 28 “Rhode Island
7	Whistleblowers Protection Act.”
8	§ 35-7.1-8. Reports to the state police. – In carrying out his/her duties and
9	responsibilities, the chief shall report to the Rhode Island state police, whenever the chief has
10	reasonable grounds to believe there has been a violation of federal or state criminal law. The chief
11	shall also refer findings to the state ethics commission, or to any other federal, state or local
12	agency, with an interest in said findings in the discretion of the chief. Any referrals made under
13	this section shall not be made public by the office of internal audit.
14	§ 35-7.1-9. Coordination with other state agencies. – The chief may coordinate with
15	other state agencies that are responsible for investigating, auditing, reviewing or evaluating the
16	management of public bodies for the purpose of sharing information and avoiding duplication of
17	effort.
18	§ 35-7.1-10. Annual and interim reports. – (a) The office of internal audit shall prepare
19	an annual report summarizing the activities of the office of internal audit for the prior fiscal year.
20	The office of internal audit may also prepare interim performance reports. These reports shall be
21	presented to the director of management and budget. The annual reports shall be posted on the
22	office’s website.
23	(b) The annual report shall include, but not be limited to: a general description of
24	significant problems in the areas of efficiencies, internal controls, fraud, waste, and abuse within
25	programs and operations within the jurisdiction of the office; a general description of the
26	recommendations for corrective actions made by the office during the reporting period with
27	respect to significant deficiencies in the areas of efficiencies, internal controls, fraud, waste, and
28	abuse; the identification of each significant recommendation described in previous annual reports
29	on which corrective action has not been completed; a summary of matters referred to prosecuting
30	authorities; a summary of any matters concerning the recovery of monies as a result of an audit
31	finding or civil suit or a referral to another agency for the purposes of such suit; a list of all audit
32	reports completed by the office during the reporting period and a statement of recommendations
33	of amendment to this chapter or the rules regulations or procedures governing the office of
34	internal audit which would improve the effectiveness or the operations of the office.
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1	(c) The annual report of the office of internal audit shall be made public on the day of
2	filing.
3	(d) Within twenty (20) calendar days following the date of the issuance of the
4	management response copy of the draft audit report, the head of the department, agency, public
5	body or private entity audited shall respond in writing to each recommendation made in the audit
6	report. This response shall address the department’s, agency’s, or public body’s or private entity’s
7	plan of corrective action, the party responsible to implement the corrective action plan, and the
8	anticipated date to complete the implementation of the corrective action; and if applicable, the
9	reasons for disagreement with any recommendation proposed in the audit report and justification
10	of management’s acceptance of risk. The office of internal audit may perform follow-up
11	procedures for the purpose of determining whether the department, agency, public body or private
12	entity has implemented, in an efficient and effective manner, its plan of correction action for the
13	recommendations proposed in the audit report or addressed the risk discussed in the audit report.
14	(e) Copies of each audit report, inclusive of management’s responses noted in (e) above
15	shall be submitted to the chairpersons of the house finance committee, and the senate finance
16	committee and posted on the office’s website.
17	SECTION 11. Section 42-13-2 of the General Laws in Chapter 42-13 entitled
18	“Department of Transportation” is hereby amended to read as follows:
19	§ 42-13-2. Organization and functions of the department. – (a) The department shall
20	be organized in accordance with a project management-based program and shall utilize an asset
21	management system.
22	(1) A project management-based program, manages the delivery of the
23	department's portfolio of transportation improvement projects from project conception to the
24	project completion. Project management activities include:
25	(i) Managing and reporting on the delivery status of portfolio projects;
26	(ii) Developing overall workload and budget for the portfolio;
27	(iii) Developing and implementing the tools to estimate the resources necessary
28	to deliver the projects; and
29	(iv) Developing and implementing processes and tools to improve the
30	management of the projects.
31	(2) Asset management is the process used for managing transportation
32	infrastructure by improving decision making for resource allocation. Asset management activities
33	include a systemic process based on economic, engineering and business principles which
34	includes the following functions:
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1	(i) Completing a comprehensive inventory of system assets;
2	(ii) Monitoring system performance; and
3	(iii) Performing analysis utilizing accurate data for managing various assets
4	within the transportation network.
5	(b) The director of transportation shall appoint a chief operating officer to
6	oversee the day-to-day operations of the department.
7	(c) The department shall be organized into such divisions as are described in this
8	section and such other divisions, subdivision, and agencies as the director shall find are necessary
9	to carry out the responsibilities of the department, including: office of audit; division of finance;
10	division of planning; division of project management; division of operations and maintenance;
11	office of civil rights; office of safety; office of external affairs; office of legal; office of personnel;
12	office of information services.
13	(d) The director may assign such other responsibilities as he or she shall find
14	appropriate and may reassign functions other than as set out in this section if he or she finds the
15	reassignment necessary to the proper and efficient functioning of the department or of the state's
16	transportation system.
17	(e) The department shall submit a report annually no later than March 31 to the
18	speaker of the house, the president of the senate, and the house and senate fiscal advisors
19	concerning the status of the ten (10) year transportation plan.
20	SECTION 12. Section 42-155-7 of the General Laws in Chapter 42-155 entitled “Quasi-
21	Public Corporations Accountability and Transparency Act” is hereby amended to read as follows:
22	§ 42-155-7. Audit of quasi-public corporations. – (a) Commencing January 1, 2015,
23	and every five (5) years thereafter, each quasi-public corporation shall be subject to a
24	performance audit, conducted in compliance with the generally acceptable governmental auditing
25	standards or the standards for the professional practice of internal auditing, by the chief of the
26	bureau of audits office of internal audit. The chief, in collaboration with the quasi-public
27	corporation, shall determine the scope of the audit. To assist in the performance of an audit, the
28	chief, in collaboration with the quasi-public corporation, may procure the services of a certified
29	public accounting firm, which shall be a subcontractor of the bureau of audits office of internal
30	audit, and shall be under the direct supervision of the bureau of audits office of internal audit. The
31	chief of the bureau of audits office of internal audit shall establish a rotating schedule identifying
32	the year in which each quasi-public corporation shall be audited. The schedule shall be posted on
33	the website of the bureau of audits office of internal audit.
34	(b) The audit shall be conducted in conformance with chapter 7 of title 35 ("Post Audit of
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1	Accounting").
2	(c) Each quasi-public corporation shall be responsible for costs associated with its own
3	audit. The chief and each quasi-public corporation shall agree upon reasonable costs for the audit,
4	not to exceed seventy-five thousand dollars ($75,000), that shall be remitted to the bureau of
5	audits office of internal audit.
6	(d) The results of the audit shall be made public upon completion and posted on the
7	websites of the bureau of audits office of internal audit and the quasi-public corporation.
8	(e) For purposes of this section, a performance audit shall mean an independent
9	examination of a program, function, operation, or the management systems and procedures of a
10	governmental or nonprofit entity to assess whether the entity is achieving economy, efficiency,
11	and effectiveness in the employment of an available resources.
12	SECTION 13. Section 42-12-1.4 of the General Laws in Chapter 42-12 entitled
13	“Department of Human Services” is hereby repealed:
14	§ 42-12-1.4. Transfer of functions from the department of health. – There is hereby
15	transferred from the department of health to the department of human services the administration
16	and management of the special supplemental nutrition program for women, infants, and children
17	(WIC) and all functions and resources associated therewith.
18	SECTION 14. Section 42-18-5 of the General Laws in Chapter 42-18 entitled
19	“Department of Health” is thereby amended to read as follows:
20	§ 42-18-5. Transfer of powers and functions from department of health. – (a) There
21	are hereby transferred to the department of administration:
22	(1) Those functions of the department of health which were administered through or with
23	respect to departmental programs in the performance of strategic planning as defined in § 42-11-
24	10(c);
25	(2) All officers, employees, agencies, advisory councils, committees, commissions, and
26	task forces of the department of health who were performing strategic planning functions as
27	defined in § 42-11-10(c); and
28	(3) So much of other functions or parts of functions and employees and resources,
29	physical and funded, related thereto of the director of health as are incidental to and necessary for
30	the performance of the functions transferred by subdivisions (1) and (2).
31	(b) There is hereby transferred to the department of human services the administration
32	and management of the special supplemental nutrition program for women, infants, and children
33	(WIC) and all functions and resources associated therewith.
34	(c)(b)There is hereby transferred to the executive office of health and human services the
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1	HIV/AIDS care and treatment programs and all functions and resources associated therewith. The
2	department of health shall retain the HIV surveillance and prevention programs and all functions
3	and resources associated therewith.
4	SECTION 15. Chapter 42-18 of the General Laws entitled “Department of Health” is
5	hereby amended by adding thereto the following section:
6	§ 42-18-6. Transfer of functions from the department of human services. -- There is
7	hereby transferred to the department of health those functions and resources formerly
8	administered by the department of human services relating to the administration and management
9	of the special supplemental nutrition program for women, infants, and children (WIC) authorized
10	by section 23-13-17 of the Rhode Island General Laws.
11	SECTION 16. Sections 30-17.1-1, 30-17.1-2, 30-17.1-3, 30-17.1-4, 30-17.1-5, 30-17.1-6,
12	30-17.1-7, 30-17.1-9, 30-17.1-10, 30-17.1-11 and 30-17.1-13 of the General Laws in Chapter 30-
13	17.1 entitled “Veterans’ Affairs” are hereby amended to read as follows:
14	§ 30-17.1-1. Appropriations. – The general assembly shall annually appropriate such
15	sums as it may deem necessary for the support of the veterans' home in the town of Bristol, any
16	veterans' cemetery authorized and established by the general assembly, and the assistance of the
17	widows, widowers, and dependent children of deceased veterans, known as the "veterans'
18	assistance fund", for the assistance of worthy dependent veterans, and the dependent worthy
19	families of those veterans who served in the army, navy, marine corps, coast guard, and air force
20	of the United States and were honorably discharged from that service, and for such clerical
21	assistance as may be required in connection with the administration of that program; and the state
22	controller is hereby authorized and directed to draw an order upon the general treasurer for the
23	payment of such sums as may be from time to time required, upon receipt by the state controller
24	of proper vouchers approved by the director of human services veterans’ affairs.
25	§ 30-17.1-2. Powers of division office of veterans' affairs. – The division office of
26	veterans' affairs, in the department of human services, in addition to having the control and
27	management of veterans' affairs, shall have custody of all records inquiring into the needs of
28	worthy veterans and the needs of dependent worthy families of those veterans, residing within the
29	State of Rhode Island, and shall also assist such cases as examination proves worthy of
30	assistance, in such sums of money and by such methods as will, in the judgment of that division
31	office, best relieve the needs of worthy applicants for assistance.
32	§ 30-17.1-3. Oath of officials – Bonds. – All officials appointed under the provisions of
33	this chapter or chapter 24 of this title shall be duly sworn to the faithful performance of their
34	duties. The director of human services veterans’ affairs may, in the director's discretion, require
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1	of all officials subordinate to the director, bonds for the faithful performance of their duties.
2	§ 30-17.1-4. Veterans' claims assistance. – Upon request, the director of the department
3	of human services veterans’ affairs, or his or her designee, shall, in accordance with the
4	applicable rules and regulations of the department of veterans' affairs of the United States,
5	prepare and present all veterans' pension and compensation claims qualifying under the
6	provisions of § 42-12-5. The department of human services office of veterans’ affairs shall render
7	this assistance without charge to the claimant for the assistance.
8	§ 30-17.1-5. Requiring veteran to enter home. – The director of human services of
9	veterans’ affairs, or his or her designee, may, in his or her discretion, require any veteran who has
10	no dependent parents, wife, or children, and who desires assistance as provided in this chapter, to
11	become a resident of the veterans' home in order to enjoy the benefits of this chapter.
12	§ 30-17.1-6. Establishment of the office of veterans’ affairs; division director. – (a)
13	There is hereby established within the executive branch of government and the department of
14	human services an office director of the division of veterans' affairs. The director of the division
15	office of veterans' affairs shall be a person qualified through experience and training and shall be
16	an honorably discharged war veteran of the United States armed forces. The director of the
17	division office of veterans' affairs shall be appointed by and report directly to the director of the
18	department of human services governor, but the office shall reside within the department of
19	human services for administrative purposes. and be in the unclassified service.
20	(b) The director of veterans’ affairs shall have all such powers, consistent with law, as are
21	necessary and/or convenient to effectuate the purposes of this chapter and to administer its
22	functions, including, but, not limited to, the power to promulgate and adopt regulations. The
23	director shall have authority to apply for, receive, and administer grants and funds from the
24	federal government and all other public and private entities to accomplish the purposes of the
25	office.
26	§ 30-17.1-7. Annual report to general assembly. – The director of human services of
27	veterans’ affairs shall report annually no later than January 31st of each year to the governor,
28	speaker of the house of representatives, the senate president, house and senate finance
29	committees, setting forth in detail the condition of the veterans' home, any veterans' cemetery,
30	authorized and established by the general assembly, and in general the character of the work of
31	veterans' affairs; and shall render in the report a faithful account of all moneys received and
32	expended by the director of human services and by the division office of veterans' services affairs
33	in the execution of the provisions of this chapter and chapter 24 of this title, excepting the names
34	of persons to whom they have furnished assistance which shall be omitted.
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1	§ 30-17.1-9. Definitions. – When used in this chapter, the following terms shall have the
2	following meanings:
3	(1) "Advisory Committee" means the veterans' services strategic plan advisory
4	committee as established in § 30-17.1-10.
5	(2) "Committee" means the veterans' committee pursuant to the provisions of subdivision
6	30-17.1-11(c)(8).
7	(3) "State agencies" means state entities responsible for the implementation of services
8	for Rhode Island veterans and their families including:
9	(i) The division office of veterans' affairs;
10	(ii) The division of planning;
11	(iii) The department of human services;
12	(iv) The Rhode Island board of education;
13	(v) The department of behavioral healthcare, developmental disabilities and hospitals;
14	(vi) The department of health;
15	(vii) The division of elderly affairs;
16	(viii) The department of business regulation;
17	(ix) The department of the attorney general;
18	(x) The department of labor and training;
19	(xi) The economic development corporation; and
20	(xii) The office of the secretary of state.
21	(4) "Veterans' Services Strategic Plan ("VSSP')" means the strategic plan as established
22	in § 30-17.1-11.
23	§ 30-17.1-10. Veterans' services strategic plan advisory committee established. – (a)
24	There is hereby created a veterans' services strategic plan advisory committee known as "the
25	Rhode Island veterans' services strategic plan advisory committee" consisting of thirteen (13)
26	members as follows:
27	(1) One of whom shall be the director of the division office of veterans' affairs, or his or
28	her designee, who shall serve as co-chairperson;
29	(2) One of whom shall be the director of the department of human services, or his or her
30	designee, who shall serve as co-chairperson;
31	(3) One of whom shall be the associate director of the division of planning, or his or her
32	designee;
33	(4) One of whom shall be the chair of the Rhode Island board of education, or his or her
34	designee;
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1	(5) One of whom shall be the director of the department of behavioral healthcare,
2	developmental disabilities and hospitals, or his or her designee;
3	(6) One of whom shall be the director of department of health, or his or her designee;
4	(7) One of whom shall be the director of the division of elderly affairs, or his or her
5	designee;
6	(8) One of whom shall be the director of the department of business regulation, or his or
7	her designee;
8	(9) One of whom shall be the attorney general, or his or her designee;
9	(10) One of whom shall be the director of the department of labor and training, or his or
10	her designee;
11	(11) One of whom shall be the director of the economic development corporation, or his
12	or her designee;
13	(12) One of whom shall be the secretary of state, or his or her designee;
14	(13) One of whom shall be the adjutant general of the Rhode Island National Guard, or
15	his or her designee.
16	(b) Forthwith upon the passage of this chapter, the members of the advisory committee
17	shall meet at the call of the chairperson and organize. Thereafter, the committee shall meet
18	quarterly and at the call of the chairperson or three (3) members of the advisory committee.
19	(c) All departments and agencies of the state shall furnish such advice and information,
20	documentation, and otherwise to the committee and its agents as is deemed necessary or desirable
21	by the advisory committee to facilitate the purposes of this chapter.
22	(d) The department of human services, division of veterans' affairs, is hereby directed to
23	provide suitable quarters and staff for the advisory committee.
24	(e) All departments and agencies of the state shall furnish such advice and information,
25	documentation, and otherwise to the commission and its agents as is deemed necessary or
26	desirable by the advisory committee to facilitate the purposes of this chapter.
27	(f) The members of the advisory committee shall receive no compensation for their
28	services. Members of the committee shall serve for a term of three (3) years and may not succeed
29	themselves more than once after January 1, 2016.
30	§ 30-17.1-11. The duties of the committee. – (a) The advisory committee acting through
31	the division office of veterans' affairs, shall work in conjunction with the department of human
32	services to develop, maintain and annually update a five (5) year statewide veterans' services
33	strategic plan ("VSSP"), that includes goals and measurable outcomes to ensure that all
34	departments deliver comprehensive services and supports for veterans and their families.
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1	(b) The advisory committee shall conduct an analysis of study toward the
2	development of the "VSSP" that shall include, but not be limited to, the following veterans'
3	issues:
4	(1) Access to benefits;
5	(2) Employment opportunities;
6	(3) Veteran-owned small business growth;
7	(4) Educational attainment;
8	(5) Job skills training;
9	(6) Behavioral health;
10	(7) Long-term health care options;
11	(8) Criminal justice issues; and
12	(9) Homelessness.
13	(c) Establish a veterans' committee comprised of no fewer than five (5) veterans,
14	representing diverse interests and viewpoints, that shall provide input to the advisory committee
15	on all matters pertaining to the preparation or implementation of the veterans' services strategic
16	plan. The committee shall receive administrative support from the departments and the members
17	shall not receive compensation for their service. The committee shall meet at least quarterly and
18	at the call of the co-chairs or four (4) members of the veterans' committee.
19	(d) The "VSSP" shall:
20	(1) Be based upon comprehensive data gained through open and transparent engagement
21	of veterans' stakeholders;
22	(2) Produce veteran-centric policies and procedures informed by forward looking
23	planning;
24	(3) Realistically assess resource adequacy and capabilities delivered;
25	(4) Ensure that existing resources are aligned to mission critical objectives;
26	(5) Compliment, as well as leverage, existing US Veterans' Administration programs and
27	best practices;
28	(6) Foster state, federal and private partnerships that seamlessly deliver exceptional
29	services to the state's veteran population; and
30	(7) More effectively coordinate the delivery of veterans' services to all current and future
31	veterans in Rhode Island.
32	§ 30-17.1-13. Veterans' "pocket guide" and online resource application. – Contingent
33	upon funding:
34	(1) The division director of the office of veterans' affairs shall produce and annually
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1	update a comprehensive "Pocket Guide Of Veterans' Services." This document shall be concise
2	yet thorough compendium of the benefits and services available to veterans in Rhode Island.
3	(2) Additionally, the division director of veterans’ affairs shall develop and maintain a
4	veterans' online resource application of this information.
5	(3) The division director of veterans’ affairs is hereby authorized to accept grants and
6	donations for this project.
7	SECTION 17. Section 30-24-5 of the General Laws in Chapter 30-24 entitled “Rhode
8	Island Veterans’ Home” is hereby amended to read as follows:
9	§ 30-24-5. Functions of advisory council. – The advisory council for veterans' affairs
10	shall exercise and perform all the duties and functions formerly exercised and performed by the
11	advisory council for the Rhode Island veterans' home. The advisory council for the Rhode Island
12	veterans' home is hereby abolished. The advisory council for veterans' affairs shall make
13	suggestions to and shall advise the director of human services the office of veterans’ affairs and
14	the administrator of the veterans' home concerning the policies, rules, and the regulations of the
15	Rhode Island veterans' home; provided, however, that the advisory council shall have no
16	administrative power.
17	SECTION 18. Section 42-129-2 of the General Laws in Chapter 42-129 entitled “Persian
18	Gulf War Information Relief Commission” is hereby amended to read as follows:
19	§ 42-129-2. Commission established. – (a) There is established a Legislative Advisory
20	Persian Gulf War information and relief commission which shall obtain information relating to
21	the health effects of exposure to any Gulf War-related risk substance for veterans of this state
22	who may have been exposed to any such substance in the Persian Gulf region or Southwest Asia
23	during their period of military service in the 1990-1991 Persian Gulf War or current Persian Gulf
24	hostilities or hostilities anywhere in Southwest Asia subsequent to September 11, 2001.
25	(b) The commission consists of eleven (11) members who shall serve for a term of five
26	(5) years, five (5) non-appointed commissioner positions shall include:
27	(i) The associate director of the division of veteran's affairs or his or her designee;
28	(ii) The president of the united veteran's council, or his or her designee;
29	(iii) The chairperson of the Multi Service council of Rhode Island or his or her designee;
30	(iv) The past associate director of the division of veteran's affairs or his or her designee;
31	and
32	(v) The chairperson of the advisory council to veteran's affairs, or his or her designee.
33	The remaining four (4) members are appointed as follows:
34	The president of the senate shall appoint two (2) members, one of whom shall be a
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1	licensed physician in epidemiology, and one of whom shall be a veteran who served in South
2	West Asia subsequent to September 11, 2001; the speaker of the house of representatives shall
3	appoint two (2) members, one of whom shall be an honorably discharged veteran from the
4	Persian Gulf War; and the minority leaders of the senate and the house of representatives shall
5	each appoint one member, one who shall be an honorably discharged veteran, and one who
6	served in the Persian Gulf during the 1990-1991 Persian Gulf War. The associate director of the
7	division office of veterans' affairs, the president of the united veterans' council and the
8	chairperson of the advisory council shall be appointed for a term to expire August 31, 2010. The
9	members appointed by the president of the senate and the speaker of the house shall be appointed
10	for a term to expire August 31, 2009; the members appointed by the minority leaders of the house
11	of representatives and senate shall be appointed for a term to expire August 31, 2008. Thereafter
12	the commissioners shall serve staggered five (5) year terms, each member serving until his or her
13	successor shall be appointed.
14	(c) The commission shall elect a chairperson from among its members. Reappointments
15	shall be made in the same manner as the original appointment. Vacancies in the membership of
16	the commission and its officers shall be filled for the unexpired term in the same manner as the
17	original appointment or election. The commission shall meet at least four (4) times a year at the
18	call of the chairperson. The initial meeting of the commission shall be called by the director of the
19	department of human services not later than September 1, 2006. The members of the commission
20	shall receive no compensation for their services.
21	SECTION 19. This article shall take effect upon passage.
22	ARTICLE 5
23	RELATING TO CAPITAL DEVELOPMENT PROGRAM
24	SECTION 1. Proposition to be submitted to the people. -- At the general election to be
25	held on the Tuesday next after the first Monday in November 2016, there shall be submitted to
26	the people for their approval or rejection the following proposition:
27	"Shall the action of the general assembly, by an act passed at the January 2016 session,
28	authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the
29	capital projects and in the amount with respect to each such project listed below be approved, and
30	the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the
31	provisions of said act?"
32	Project
33	(1) Leveraging Higher Education to Create 21st Century Jobs $45,500,000
34	Approval of this question will allow the State of Rhode Island to issue general obligation
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1	bonds, refunding bonds, and temporary notes in an amount not to exceed forty-five million five
2	hundred thousand dollars ($45,500,000) to make capital investments in higher education-related
3	projects, to be allocated as follows:
4	(a) University of Rhode Island College of Engineering $25,500,000
5	Provides twenty-five million five hundred thousand dollars ($25,500,000) to renovate and
6	construct an addition on Bliss Hall, one of the University of Rhode Island College of
7	Engineering’s oldest buildings. This project is the second phase of a comprehensive program to
8	replace outdated buildings with a major new building and to renovate and build additions to the
9	existing complex of buildings serving the University of Rhode Island College of Engineering.
10	(b) Innovation Campus at a Rhode Island-Based University $20,000,000
11	Provides twenty million dollars ($20,000,000) to build one or more innovation campuses
12	involving a university/business collaboration where cutting-edge research can be turned into new
13	products, services and businesses.
14	(2) Port of Davisville Infrastructure at Quonset $70,000,000
15	Approval of this question will allow the State of Rhode Island to issue general obligation
16	bonds, refunding bonds, and temporary notes in an amount not to exceed seventy million dollars
17	($70,000,000) to fund infrastructure modernization and repairs to the Port of Davisville at
18	Quonset, including Pier 2.
19	(3) Green Economy $35,000,000
20	Approval of this question will allow the State of Rhode Island to issue general obligation
21	bonds, refunding bonds, and temporary notes in an amount not to exceed thirty-five million
22	dollars ($35,000,000) for environmental and recreational purposes, to be allocated as follows:
23	(a) Historic State Park Development Program $7,000,000
24	Provides seven million dollars ($7,000,000) for major capital improvements to State
25	properties, including Fort Adams State Park, Brenton Point, Colt State Park and Goddard
26	Memorial State Park.
27	(b) State Land Acquisition Program $4,000,000
28	Provides four million dollars ($4,000,000) for the State to acquire fee simple interest or
29	conservation easements to open space, farmland, watershed, and recreation lands with matching
30	funds from federal and private entities. Funds would be leveraged on average 1:3 of state to other
31	dollars.
32	(c) State Bikeway Development Program $10,000,000
33	Provides ten million dollars ($10,000,000) for the State to design and construct bikeways,
34	including the completion of the Blackstone River Bikeway and the South County Bikeway.
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1	(d) Brownfield Remediation and Economic Development $5,000,000
2	Provides up to eighty percent (80%) matching grants to public, private, and/or non-profit
3	entities for brownfield remediation projects.
4	(e) Stormwater Pollution Prevention Program $3,000,000
5	Provides up to seventy-five percent (75%) matching grants for public, private and/or non-
6	profit entities for projects that reduce stormwater pollution.
7	(f) Local Recreation Development Matching Grant Program $2,000,000
8	Provides up to eighty percent (80%) matching grants to municipalities to develop public
9	recreational facilities in Rhode Island.
10	(g) Local Land Acquisition Matching Grant Program $4,000,000
11	Provides fifty percent (50%) matching grants to municipalities, local land trusts and non-
12	profit organizations to acquire fee-simple interest, development rights, or conservation easements
13	on open space and urban parklands in Rhode Island.
14	(4) Housing Opportunity $40,000,000
15	Approval of this question will allow the State of Rhode Island to issue general obligation
16	bonds, refunding bonds, and temporary notes in an amount not to exceed forty million dollars
17	($40,000,000) for affordable housing.
18	(5) School Construction $40,000,000
19	Approval of this question will allow the State of Rhode Island to issue general obligation
20	bonds, refunding bonds, and temporary notes in an amount not to exceed forty million dollars
21	($40,000,000) to be placed in the School Building Authority Capital Fund to repair, upgrade, and
22	modernize Rhode Island public schools, with a focus on high priority projects that demonstrate
23	immediate need (urgent health and safety projects) and those that reflect investments in science,
24	technology, engineering, arts/design, and math (STEAM), and career and technical education
25	learning spaces.
26	(6) Veterans Home $27,000,000
27	Approval of this question will allow the State of Rhode Island to issue its general
28	obligation bonds, refunding bonds and temporary notes in an amount not to exceed twenty-seven
29	million dollars ($27,000,000) for the construction of a new Veterans Home and renovations of
30	existing facilities.
31	SECTION 2. Ballot labels and applicability of general election laws. -- The secretary
32	of state shall prepare and deliver to the state board of elections ballot labels for each of the
33	projects provided for in section 1 hereof with the designations "approve" or "reject" provided next
34	to the description of each such project to enable voters to approve or reject each such proposition.
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1	The general election laws, so far as consistent herewith, shall apply to this proposition.
2	SECTION 3. Approval of projects by people. -- If a majority of the people voting on
3	the proposition provided for in section 1 hereof shall vote to approve the proposition as to any
4	project provided for in section 1 hereof, said project shall be deemed to be approved by the
5	people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be
6	limited to the aggregate amount for all such projects as set forth in the proposition provided for in
7	section 1 hereof, which has been approved by the people.
8	SECTION 4. Bonds for capital development program. -- The general treasurer is
9	hereby authorized and empowered with the approval of the governor and in accordance with the
10	provisions of this act to issue from time to time capital development bonds in serial form in the
11	name and on behalf of the state in amounts as may be specified from time to time by the governor
12	in an aggregate principal amount not to exceed the total amount for all projects approved by the
13	people and designated as "capital development loan of 2016 bonds," provided, however, that the
14	aggregate principal amount of such capital development bonds and of any temporary notes
15	outstanding at any one time issued in anticipation thereof pursuant to section 7 hereof shall not
16	exceed the total amount for all such projects as have been approved by the people. All provisions
17	in this act relating to "bonds" shall also be deemed to apply to "refunding bonds."
18	Capital development bonds issued under this act shall be in denominations of one
19	thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency
20	of the United States which at the time of payment shall be legal tender for public and private
21	debts. These capital development bonds shall bear such date or dates, mature at specified time or
22	times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in
23	which they are issued, bear interest payable semi-annually at a specified rate or different or
24	varying rates, be payable at designated time or times at specified place or places, be subject to
25	expressed terms of redemption or recall, with or without premium, be in a form, with or without
26	interest coupons attached, carry such registration, conversion, reconversion, transfer, debt
27	retirement, acceleration and other provisions as may be fixed by the general treasurer, with the
28	approval of the governor, upon each issue of such capital development bonds at the time of each
29	issue. Whenever the governor shall approve the issuance of such capital development bonds, he
30	or she shall certify approval to the secretary of state; the bonds shall be signed by the general
31	treasurer and countersigned by the manual or facsimile signature of the secretary of state and
32	shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be
33	endorsed on each bond so approved with a facsimile of his or her signature.
34	SECTION 5. Refunding bonds for 2016 capital development program. -- The general
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1	treasurer is hereby authorized and empowered, with the approval of the governor and in
2	accordance with the provisions of this act, to issue from time to time bonds to refund the 2016
3	capital development program bonds in the name and on behalf of the state, in amounts as may be
4	specified from time to time by the governor in an aggregate principal amount not to exceed the
5	total amount approved by the people, to be designated as "capital development program loan of
6	2016 refunding bonds" (hereinafter "refunding bonds").
7	The general treasurer with the approval of the governor shall fix the terms and form of
8	any refunding bonds issued under this act in the same manner as the capital development bonds
9	issued under this act, except that the refunding bonds may not mature more than twenty (20)
10	years from the date of original issue of the capital development bonds being refunded.
11	The proceeds of the refunding bonds, exclusive of any premium and accrual interest and
12	net the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the
13	general treasurer immediately to the paying agent for the capital development bonds which are to
14	be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they
15	are applied to prepay the capital development bonds. While such proceeds are held in trust, they
16	may be invested for the benefit of the state in obligations of the United States of America or the
17	State of Rhode Island.
18	If the general treasurer shall deposit with the paying agent for the capital development
19	bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when
20	invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
21	principal, interest, and premium, if any, on the capital development bonds until these bonds are
22	called for prepayment, then such capital development bonds shall not be considered debts of the
23	State of Rhode Island for any purpose from the date of deposit of such moneys with the paying
24	agent. The refunding bonds shall continue to be a debt of the state until paid.
25	The term "bond" shall include "note," and the term "refunding bonds" shall include
26	"refunding notes" when used in this act.
27	SECTION 6. Proceeds of capital development program. -- The general treasurer is
28	directed to deposit the proceeds from the sale of capital development bonds issued under this act,
29	exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond
30	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
31	in special accounts (hereinafter cumulatively referred to as "such capital development bond
32	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
33	have been approved by the people to be used for the purpose of paying the cost of all such
34	projects so approved.
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1	All monies in the capital development bond fund shall be expended for the purposes
2	specified in the proposition provided for in section 1 hereof under the direction and supervision of
3	the director of administration (hereinafter referred to as "director"). The director or his or her
4	designee shall be vested with all power and authority necessary or incidental to the purposes of
5	this act, including but not limited to, the following authority: (a) to acquire land or other real
6	property or any interest, estate or right therein as may be necessary or advantageous to
7	accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans
8	and specifications, and relocation expenses and other costs such as for furnishings, equipment
9	designing, inspecting and engineering, required in connection with the implementation of any
10	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
11	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
12	improvements to land in connection with the implementation of any projects set forth in section 1
13	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
14	for repair, renovation or conversion of systems and structures as necessary for the 2016 capital
15	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
16	expended in excess of the amount of the capital development bond fund designated for each
17	project authorized in section 1 hereof. With respect to the bonds and temporary notes described in
18	section 1, the proceeds shall be used for the following purposes:
19	Question 1 relating to bonds in the amount of forty-five million five hundred thousand
20	dollars ($45,500,000) to be allocated as follows:
21	(a) University of Rhode Island - College of Engineering $25,500,000
22	Provides funds to renovate and construct an addition on Bliss Hall, which is one of the
23	University of Rhode Island College of Engineering’s oldest buildings. This project is the second
24	phase of a comprehensive program to replace outdated buildings with a major new building and
25	to renovate and build additions to the existing complex of buildings serving the University of
26	Rhode Island College of Engineering. In addition to constructing an addition to historic Bliss
27	Hall, the project will restore the building and upgrade building systems, improve classrooms,
28	modernize teaching laboratories, and provide advanced research facilities for the next generation
29	of Engineering students and faculty.
30	(b) University-Backed Innovation Campus Program $20,000,000
31	Provides funds to build one or more innovation campuses involving a university/business
32	collaboration where cutting-edge research can be turned into new products, services, and
33	businesses. The State will run a competitive selection process to determine the location and type
34	of campus or campuses to build. A winning proposal must involve a Rhode Island-based
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1	university, more than match the state’s investment with private or federal funds, include at least
2	one business partner, and spur a substantial number of new jobs at a variety of skill levels.
3	Preference will be given to proposals that include a state university as a sponsor.
4	Question 2 relating to bonds in the amount of seventy million dollars ($70,000,000) to
5	modernize the port infrastructure at the Port of Davisville in the Quonset Business Park, including
6	Pier 2. The Port handles a majority of shipping imports into Narragansett Bay and supports one of
7	the largest auto importers in North America. A primary goal of this program will be modernizing
8	of Pier 2, which has exceeded the 50-year lifespan for which it was originally designed.
9	Question 3 relating to bonds in the amount of thirty-five million dollars ($35,000,000) for
10	environmental and recreational purposes to be allocated as follows:
11	(a) Historical State Park Development Program $7,000,000
12	Provides funds for major capital improvements to state properties, including Fort Adams
13	State Park, Brenton Point, Colt State Park and Goddard Memorial State Park.
14	(b) State Land Acquisition Program $4,000,000
15	Provides funds to acquire fee interest or conservation easements to open space, farmland,
16	watershed, and recreation lands with matching funds from federal and private entities.
17	(c) State Bikeway Development Program $10,000,000
18	Provides funds for the State to design and construct bikeways, including the completion
19	of the Blackstone River Bikeway and the South County Bikeway.
20	(d) Brownfield Remediation and Economic Development $5,000,000
21	Provides up to eighty percent (80%) matching grants to public, private, and/or non-profit
22	entities for brownfields remediation projects.
23	(e) Stormwater Pollution Prevention Program $3,000,000
24	Provides up to seventy-five percent (75%) matching grants for public, private and/or non-
25	profit entities for projects that reduce stormwater pollution.
26	(f) Local Recreation Development Matching Grant Program $2,000,000
27	Provides up to eighty percent (80%) matching grants to municipalities to develop public
28	recreational facilities in Rhode Island.
29	(g) Local Land Acquisition Matching Grant Program $4,000,000
30	Provides fifty percent (50%) matching grants to municipalities, local land trusts and non-
31	profit organizations to acquire fee-simple interest, development rights, or conservation easements
32	on open space and urban parklands in Rhode Island.
33	Question 4 relating to bonds in the amount of forty million dollars ($40,000,000) to
34	promote housing opportunity programs through redevelopment of existing structures, new
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1	construction and/or foreclosure assistance.
2	Question 5 relating to bonds in the amount of forty million dollars ($40,000,000) will be
3	used to repair, upgrade, and modernize Rhode Island public schools, with a focus on high priority
4	projects that demonstrate immediate need (urgent health and safety projects) and those that reflect
5	investments in science, technology, engineering, arts/design, and math (STEAM), and career and
6	technical education learning spaces.
7	Question 6 relating to bonds in the amount of twenty-seven million dollars ($27,000,000)
8	will provide funds to the Office of Veterans’ Affairs for the construction of a new Veterans Home
9	and renovation of existing facilities in Bristol, Rhode Island. Question 4 of the November 2012
10	Ballot authorized the issuance of general obligation bonds of up to ninety-four million dollars
11	($94,000,000) for the construction of a new Veterans Home, but the authorizing language limited
12	the amount of bonds that could be issued by the amount of any federal funding received for this
13	project. The federal government is expected to contribute up to sixty million, five hundred
14	thousand dollars ($60,500,000) for this project, which would authorize the state to issue only
15	thirty-three million, five hundred thousand dollars ($33,500,000) in general obligation bonds
16	under the 2012 ballot authorization. The overall project cost is estimated to be one hundred
17	twenty million, five hundred thousand dollars ($120,500,000). This new bond authorization
18	would allow the state to issue an additional twenty-seven million dollars ($27,000,000) in general
19	obligation bonds, which when combined with the thirty-three million, five hundred thousand
20	dollars ($33,500,000) from the 2012 ballot authorization will provide a total of sixty-one million
21	dollars ($61,000,000) for the completion of this project. The total borrowing for the project from
22	this proposal plus the maximum amount allowed to be borrowed under the 2012 ballot
23	authorization will be thirty-three million five hundred thousand dollars ($33,500,000) less than
24	the ninety-four million dollars ($94,000,000) authorized on the 2012 Ballot.
25	SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority
26	of this act shall be sold from time to time at not less than the principal amount thereof, in such
27	mode and on such terms and conditions as the general treasurer, with the approval of the
28	governor, shall deem to be for the best interests of the state.
29	Any premiums and accrued interest, net of the cost of bond insurance and underwriter’s
30	discount, which may be received on the sale of the capital development bonds or notes shall
31	become part of the Rhode Island Capital Plan Fund of the state, unless directed by federal law or
32	regulation to be used for some other purpose.
33	In the event that the amount received from the sale of the capital development bonds or
34	notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may
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1	be used to the extent possible to retire the bonds as the same may become due, to redeem them in
2	accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the
3	approval of the governor, shall deem to be for the best interests of the state.
4	Any bonds or notes issued under the provisions of this act and coupons on any capital
5	development bonds, if properly executed by the manual or facsimile signatures of officers of the
6	state in office on the date of execution shall be valid and binding according to their tenor,
7	notwithstanding that before the delivery thereof and payment therefor, any or all such officers
8	shall for any reason have ceased to hold office.
9	SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -
10	- All bonds and notes issued under the authority of this act shall be exempt from taxation in the
11	state and shall be general obligations of the state, and the full faith and credit of the state is hereby
12	pledged for the due payment of the principal and interest on each of such bonds and notes as the
13	same shall become due.
14	SECTION 9. Investment of moneys in fund. -- All moneys in the capital development
15	fund not immediately required for payment pursuant to the provisions of this act may be invested
16	by the investment commission, as established by chapter 35-10, pursuant to the provisions of such
17	chapter; provided, however, that the securities in which the capital development fund is invested
18	shall remain a part of the capital development fund until exchanged for other securities; and
19	provided further, that the income from investments of the capital development fund shall become
20	a part of the general fund of the state and shall be applied to the payment of debt service charges
21	of the state, unless directed by federal law or regulation to be used for some other purpose, or to
22	the extent necessary, to rebate to the United States treasury any income from investments
23	(including gains from the disposition of investments) of proceeds of bonds or notes to the extent
24	deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from
25	federal income taxation.
26	SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not
27	otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and
28	notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise
29	appropriated.
30	SECTION 11. Advances from general fund. -- The general treasurer is authorized from
31	time to time with the approval of the director and the governor, in anticipation of the issue of
32	notes or bonds under the authority of this act, to advance to the capital development bond fund for
33	the purposes specified in section 6 hereof, any funds of the state not specifically held for any
34	particular purpose; provided, however, that all advances made to the capital development bond
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1	fund shall be returned to the general fund from the capital development bond fund forthwith upon
2	the receipt by the capital development fund of proceeds resulting from the issue of notes or bonds
3	to the extent of such advances.
4	SECTION 12. Federal assistance and private funds. -- In carrying out this act, the
5	director, or his or her designee, is authorized on behalf of the state, with the approval of the
6	governor, to apply for and accept any federal assistance which may become available for the
7	purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of
8	any federal legislation therefor, to enter into, act and carry out contracts in connection therewith,
9	to act as agent for the federal government in connection therewith, or to designate a subordinate
10	so to act. Where federal assistance is made available, the project shall be carried out in
11	accordance with applicable federal law, the rules and regulations thereunder and the contract or
12	contracts providing for federal assistance, notwithstanding any contrary provisions of state law.
13	Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited
14	in the capital development bond fund and expended as a part thereof. The director or his or her
15	designee may also utilize any private funds that may be made available for the purposes of this
16	act.
17	SECTION 13. Effective Date. -- Sections 1, 2, 3, 11, 12 and this section 13of this article
18	shall take effect upon passage. The remaining sections of this article shall take effect when and if
19	the state board of elections shall certify to the secretary of state that a majority of the qualified
20	electors voting on the propositions contained in section 1 hereof have indicated their approval of
21	all or any projects thereunder.
22	ARTICLE 6
23	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION
24	SECTION 1. This article consists of a joint resolution that is submitted pursuant to Rhode
25	Island General Law § 35-18-1, et seq.
26	SECTION 2. Quonset Harbor, Pier, and Port Improvements.
27	WHEREAS, the Rhode Island commerce corporation is a public instrumentality of the
28	State of Rhode Island (hereafter the “State”), created by the general assembly pursuant to §
29	42641 et seq. (as enacted, reenacted and amended, hereafter the “Act”); and
30	WHEREAS, the Act declares, in part, that new industrial, manufacturing, recreational,
31	and commercial facilities are required to attract and house new industries and thereby reduce the
32	hazards of unemployment; and
33	WHEREAS, unaided efforts of private enterprises have not met and cannot meet the
34	needs of providing those facilities due to problems encountered in assembling suitable building
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1	sites, lack of adequate public service, unavailability of private capital for development, and the
2	inability of private enterprise alone to plan, finance, and coordinate industrial, recreational, and
3	commercial development; and
4	WHEREAS, the Act further declares it to be the public policy of the State to encourage
5	the expansion and development of the State’s harbors and ports and to foster and improve the
6	handling of waterborne commerce from and to any port of this State and other states and foreign
7	countries; and
8	WHEREAS, in furtherance of these goals, it is the policy of the State to retain existing
9	industries and to induce, encourage, and attract new industries through the acquisition,
10	construction, reconstruction, and rehabilitation of industrial, manufacturing, recreational, and
11	commercial facilities, as well as transportation, harbors and ports, residential, environmental,
12	utility, public service, institutional, and civic and community facilities, and to develop sites for
13	such facilities; and
14	WHEREAS, the Act has empowered the Rhode Island commerce corporation to establish
15	subsidiary corporations to exercise its powers and functions, or any of them; and
16	WHEREAS, the general assembly, pursuant to § 4264.101 et seq. (as enacted, reenacted
17	and amended, hereafter the “QDC Act”) created the Quonset development corporation as a
18	subsidiary of the Rhode Island commerce corporation; and
19	WHEREAS, the QDC Act provided that the Quonset development corporation shall have
20	the power to purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and
21	otherwise deal in and with, real or personal property, or any interest therein, wherever situated,
22	including those certain transportation, harbor, pier, and waterfront facilities located at the
23	Quonset business park; and
24	WHEREAS, the QDC Act also provides that the Quonset development corporation shall
25	have the power to sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber
26	any project (or in the case of a sale, to accept a purchase money mortgage in connection
27	therewith), or to grant options for any such purposes with respect to any real or personal property
28	or interest therein, as the lawful agent and attorney-in-fact of the Rhode Island commerce
29	corporation with respect to all property of the Rhode Island commerce corporation at the Quonset
30	business park, all of the foregoing for such consideration as the Quonset development corporation
31	shall determine; and
32	WHEREAS, any lease by the Quonset development corporation to another party may be
33	for such part of the Quonset business park, real or personal, for such period, upon such terms or
34	conditions, with or without an option on the part of the lessee to purchase any or all of the leased
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1	property for such consideration, at or after the retirement of all indebtedness incurred by the
2	Quonset development corporation on account thereof, as the Quonset development corporation
3	shall determine; and
4	WHEREAS, the Act authorizes the Rhode Island commerce corporation to borrow
5	money and issue bonds for any of its corporate purposes; and
6	WHEREAS, pursuant to §§ 35-18-3 and 35-18-4 of the Rhode Island General Laws, the
7	Rhode Island commerce corporation has requested the approval of the general assembly for the
8	issuance of harbor, pier, and port revenue bonds (hereafter "bonds") for the purpose of providing
9	funds to the Quonset development corporation for financing capital projects for harbor, pier, port,
10	and all other costs related to the improvements necessary at and in the immediate vicinity of the
11	Davisville piers at the Quonset business park, including without limitation, improvements to
12	modernize port infrastructure at the Port of Davisville (hereafter the "2016 Davisville Piers
13	Project"), including funding, capitalized interest, costs of issuing the bonds, and related costs, and
14	the establishment of reserves for the project and the bonds, including a debt service reserve fund;
15	and
16	WHEREAS, the financing of the 2016 Davisville Piers Project and repayment of the
17	bonds will be accomplished through one or more loan agreements having the Quonset
18	development corporation as borrower, such agreement or agreements to require that the Quonset
19	development corporation to make loan payments in an amount equal to the debt service on the
20	bonds; now, therefore, be it:
21	RESOLVED, the general assembly hereby approves the Rhode Island commerce
22	corporation’s issuance of the bonds in a private placement or through a public offering, in one or
23	more series. The bonds will be special obligation bonds of the Rhode Island commerce
24	corporation payable exclusively from loan repayments under a loan agreement with the Quonset
25	development corporation and from bond proceeds, funds, accounts, and properties and the
26	proceeds thereof pledged therefor, and thus the Rhode Island commerce corporation’s maximum
27	liability will be limited to loan repayments received under the loan agreement and the aggregate
28	amount of such other funds, accounts, properties, and proceeds; and be it further
29	RESOLVED, that the total amount of debt approved to be issued in the aggregate shall be
30	not more than twenty million dollars ($20,000,000); and be it further
31	RESOLVED, that the general assembly hereby approves the Quonset development
32	corporation's entering into the loan agreements described above. Payments under the loan
33	agreements shall be derived exclusively from project revenues and such other proceeds, funds,
34	accounts, projects, and the proceeds thereof as the Quonset development corporation may pledge
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1	therefor; and be it further
2	RESOLVED, that none of the bonds or the loan agreements shall constitute indebtedness
3	of the State or a debt for which the full faith and credit of the State is pledged or a moral
4	obligation thereof; and be it further
5	RESOLVED, that this resolution shall apply to bonds issued within five (5) years of the
6	date of passage of this resolution; and be it further
7	RESOLVED, that this joint resolution shall take effect immediately upon its passage.
8	SECTION 3. This article shall take effect upon passage.
9	ARTICLE 7
10	RELATING TO MEDICAID REFORM ACT OF 2008 RESOLUTION
11	SECTION 1. Rhode Island Medicaid Reform Act of 2008 Resolution.
12	WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode
13	Island Medicaid Reform Act of 2008”; and
14	WHEREAS, a Joint Resolution is required pursuant to Rhode Island General Law § 42-
15	12.4-1, et seq. for federal waiver requests and/or state plan amendments; and
16	WHEREAS, Rhode Island General Law § 42-7.2-5 provides that the Secretary of the
17	Executive Office of Health and Human Services (hereafter “the Secretary’) is responsible for the
18	review and coordination of any Medicaid section 1115 demonstration waiver requests and
19	renewals as well as any initiatives and proposals requiring amendments to the Medicaid state plan
20	or category II or III changes as described in the demonstration, with “the potential to affect the
21	scope, amount, or duration of publicly-funded health care services, provider payments or
22	reimbursements, or access to or the availability of benefits and services provided by Rhode Island
23	general and public laws”; and
24	WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
25	fiscally sound and sustainable, the Secretary requests general assembly approval of the following
26	proposals to amend the demonstration:
27	(a) Nursing Facility Payment Rates. The Executive Office of Health and Human Services
28	(hereafter “EOHHS”) proposes to eliminate the projected nursing facility rate increase that would
29	otherwise take effect during the state fiscal year 2017. Implementation of this initiative may
30	require amendments to the Rhode Island’s Medicaid state plan and/or Section 1115 waiver under
31	the terms and conditions of the demonstration. Further, implementation of these initiatives may
32	require the adoption of new or amended rules, regulations and procedures.
33	(b) Beneficiary Liability Collection Enhancements – Federal laws and regulations require
34	beneficiaries who are receiving Medicaid-funded long-term services and supports (LTSS) to pay
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1	a portion of any excess income they may have once eligibility has been determined toward in the
2	cost of care. The amount the beneficiary is obligated to pay is referred to as a liability or cost-
3	share and must be used solely for the purpose of offsetting the agency’s payment for the LTSS
4	provided. The EOHHS is seeking to implement new methodologies that will make it easier for
5	beneficiaries to make these payments and enhance the agency’s capacity to collect them in a
6	timely and equitable manner. The EOHHS may require federal state plan and/or waiver authority
7	to implement these new methodologies. Amended rules, regulations and procedures may also be
8	required.
9	(c) Medicaid Managed Care Organizations (MCO) – Administrative Rate-Setting. The
10	EOHHS seeks to alter the manner in which administrative rates are set for Medicaid MCOs from
11	a variable to a fixed approach. Changes in rate-setting methodology may require section 1115
12	waiver or Medicaid State Plan authorities.
13	(d) Managed Care Plan Re-procurement. The EOHHS is re-procuring its managed care
14	delivery system by September 1, 2016. The re-procurement includes RIte Care plans for children
15	and families and Rhody Health Partners plans for low-income elders and persons with disabilities
16	and adults ages nineteen (19) to sixty-four (64) eligible under the federal Affordable Care Act of
17	2010. The re-procurement process will take into account a range of initiatives affecting the
18	delivery system such as accountable care entities, STOP and CEDARR direct services which will
19	change the organization and financing of certain Medicaid services and various performance-
20	based payment incentives and rewards. Therefore, the re-procurement process may require state
21	plan and/or waiver amendments as well as actuarial analyses. Any reconfiguration of in-plan and
22	out-of-plan benefits will also necessitate amendments to agency rules, processes and procedures.
23	(e) Increase in LTSS Home Care Provider Wages. To further the goal of rebalancing the
24	long-term care system to promote home and community based alternatives, the EOHHS proposes
25	to establish a wage-pass through program targeting certain home health care professionals.
26	Implementation of the program may require amendments to the Medicaid State Plan and/or
27	section 1115 demonstration waiver due to changes in payment methodologies.
28	(f) Integrated Care Initiative (ICI) – Enrollment. The EOHHS proposes to establish
29	mandatory enrollment for all Medicaid beneficiaries including but not limited to beneficiaries
30	receiving LTSS through the ICI, including those who are dually eligible for Medicaid and
31	Medicare. Implementation of mandatory enrollment requires section 1115 waiver authority under
32	the terms and conditions of the demonstration. New and/or amended rules, regulations and
33	procedures are also necessary to implement this proposal.
34	(g) Alternative Payment Arrangements – The EOHHS proposes to leverage all available
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1	resources by repurposing funds derived from various savings initiatives and obtaining federal
2	financial participation for costs not otherwise matchable to expand the reach and enhance the
3	effectiveness of alternative payment arrangements that maximize value and cost-effectiveness,
4	and tie payments to improvements in service quality and health outcomes. Amendments to the
5	section 1115 waiver and/or the Medicaid state plan may be required to implement any alternative
6	payment arrangements the EOHHS is authorized to pursue.
7	(h) Implementation of Approved Authorities: Section 1115 Waiver Demonstration
8	Extension and Amendments. The EOHHS, in conjunction with the departments of Human
9	Services, Children, Youth and Families, Health, Behavioral Healthcare, Developmental
10	Disabilities and Hospitals, proposes to implement the authorities approved under the section 1115
11	waiver demonstration extension and subsequent amendments as follows: (1) the Division of
12	Elderly Affairs of DHS plans to obtain federal financial participation for costs-otherwise not
13	matchable for certain Medicaid dementia care services provided to otherwise ineligible
14	participants in its copay program with income up to two-hundred and fifty (250) percent of the
15	Federal Poverty Level ; (2) the EOHHS is continuing efforts to re-balance the LTSS system by
16	instituting, with the assistance of the DHS, an expedited eligibility pathway for applicants seeking
17	care in the home or community-based setting who meet certain income and clinical criteria; (3)
18	all EOHHS agencies are pursuing waiver authorities promoting the utilization of care
19	management models that offer a “health home”, promote access to preventive care, and provide
20	an integrated system of services; and (4) the EOHHS plans to use waiver authorized program
21	refinements that recognize and assure access to the non-medical services and supports, such as
22	peer navigation and housing stabilization services, that optimize a person’s health, wellness and
23	safety, reduce or delay the need for long term services and fill gaps in the integrated system of
24	care;
25	(i) Federal Financing Opportunities. The EOHHS proposes to review Medicaid
26	requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of
27	2010 and various other recently enacted federal laws and pursue any changes in the Rhode Island
28	Medicaid program that promote service quality, access and cost-effectiveness that may warrant a
29	Medicaid State Plan Amendment or amendment under the terms and conditions of Rhode Island’s
30	section 1115 Waiver, its successor, or any extension thereof. Any such actions the EOHHS takes
31	shall not have an adverse impact on beneficiaries or cause an increase in expenditures beyond the
32	amount appropriated for state fiscal year 2017; now, therefore, be it
33	RESOLVED, that the general assembly hereby approves proposals (a) through (i) listed
34	above to amend the demonstration; and be it further
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1	RESOLVED, that the Secretary is authorized to pursue and implement any waiver
2	amendments, state plan amendments, and/or changes to the applicable department’s rules,
3	regulations and procedures approved herein and as authorized by § 42-12.4-7; and be it further
4	RESOLVED, that this joint resolution shall take effect upon passage.
5	SECTION 2. This article shall take effect upon passage.
6	ARTICLE 8
7	RELATING TO LICENSING OF HOSPITAL FACILITIES
8	SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled
9	“Licensing of Health Care Facilities” is hereby amended to read as follows:
10	§ 23-17-38.1. Hospitals – Licensing fee. – (a) There is imposed a hospital licensing fee
11	at the rate of five and seven hundred forty five thousandths percent (5.745%) upon the net patient
12	services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,
13	2013, except that the license fee for all hospitals located in Washington County, Rhode Island
14	shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals
15	is subject to approval by the Secretary of the US Department of Health and Human Services of a
16	state plan amendment submitted by the executive office of health and human services for the
17	purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This
18	licensing fee shall be administered and collected by the tax administrator, division of taxation
19	within the department of revenue, and all the administration, collection and other provisions of
20	chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax
21	administrator on or before July 13, 2015 and payments shall be made by electronic transfer of
22	monies to the general treasurer and deposited to the general fund. Every hospital shall, on or
23	before June 15, 2015, make a return to the tax administrator containing the correct computation of
24	net patient services revenue for the hospital fiscal year ending September 30, 2013, and the
25	licensing fee due upon that amount. All returns shall be signed by the hospital's authorized
26	representative, subject to the pains and penalties of perjury.
27	(b)(a) There is also imposed a hospital licensing fee at the rate of five and eight hundred
28	sixty-two thousandths percent (5.862%) upon the net patient services revenue of every hospital
29	for the hospital's first fiscal year ending on or after January 1, 2014, except that the license fee for
30	all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven
31	percent (37%). The discount for Washington County hospitals is subject to approval by the
32	Secretary of the US Department of Health and Human Services of a state plan amendment
33	submitted by the executive office of health and human services for the purpose of pursuing a
34	waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be
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1	administered and collected by the tax administrator, division of taxation within the department of
2	revenue, and all the administration, collection and other provisions of chapter 51 of title 44 shall
3	apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 11,
4	2016 and payments shall be made by electronic transfer of monies to the general treasurer and
5	deposited to the general fund. Every hospital shall, on or before June 13, 2016, make a return to
6	the tax administrator containing the correct computation of net patient services revenue for the
7	hospital fiscal year ending September 30, 2014, and the licensing fee due upon that amount. All
8	returns shall be signed by the hospital's authorized representative, subject to the pains and
9	penalties of perjury.
10	(b) There is also imposed a hospital licensing fee at the rate of five and seven hundred
11	three thousandths percent (5.862%) upon the net patient services revenue of every hospital for the
12	hospital's first fiscal year ending on or after January 1, 2014, except that the license fee for all
13	hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent
14	(37%). The discount for Washington County hospitals is subject to approval by the Secretary of
15	the US Department of Health and Human Services of a state plan amendment submitted by the
16	executive office of health and human services for the purpose of pursuing a waiver of the
17	uniformity requirement for the hospital license fee. This licensing fee shall be administered and
18	collected by the tax administrator, division of taxation within the department of revenue, and all
19	the administration, collection and other provisions of chapter 51 of title 44 shall apply. Every
20	hospital shall pay the licensing fee to the tax administrator on or before July 10, 2017 and
21	payments shall be made by electronic transfer of monies to the general treasurer and deposited to
22	the general fund. Every hospital shall, on or before June 14, 2017, make a return to the tax
23	administrator containing the correct computation of net patient services revenue for the hospital
24	fiscal year ending September 30, 2014, and the licensing fee due upon that amount. All returns
25	shall be signed by the hospital's authorized representative, subject to the pains and penalties of
26	perjury.
27	(c) For purposes of this section the following words and phrases have the following
28	meanings:
29	(1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,
30	licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on
31	that license, regardless of changes in licensure status pursuant to § 23-17.14 (hospital
32	conversions) and §23-17-6 (b) (change in effective control), that provides short-term acute
33	inpatient and/or outpatient care to persons who require definitive diagnosis and treatment for
34	injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated
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1	Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital
2	through receivership, special mastership or other similar state insolvency proceedings (which
3	court-approved purchaser is issued a hospital license after January 1, 2013) shall be based upon
4	the newly negotiated rates between the court-approved purchaser and the health plan, and such
5	rates shall be effective as of the date that the court-approved purchaser and the health plan
6	execute the initial agreement containing the newly negotiated rate. The rate-setting methodology
7	for inpatient hospital payments and outpatient hospital payments set for the §§ 40-8-
8	13.4(b)(1)(B)(iii) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases
9	for each annual twelve (12) month period as of July 1 following the completion of the first full
10	year of the court-approved purchaser's initial Medicaid managed care contract.
11	(2) "Gross patient services revenue" means the gross revenue related to patient care
12	services.
13	(3) "Net patient services revenue" means the charges related to patient care services less
14	(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.
15	(d) The tax administrator shall make and promulgate any rules, regulations, and
16	procedures not inconsistent with state law and fiscal procedures that he or she deems necessary
17	for the proper administration of this section and to carry out the provisions, policy, and purposes
18	of this section.
19	(e) The licensing fee imposed by this section shall apply to hospitals as defined
20	herein that are duly licensed on July 1, 2015 2016, and shall be in addition to the inspection fee
21	imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-
22	38.1.
23	SECTION 2. This article shall take effect as of July 1, 2016.
24	ARTICLE 9
25	RELATING TO MEDICAL ASSISTANCE AND UNCOMPENSATED CARE
26	Preamble: Building on the foundation of the Reinventing Medicaid Act of 2015, Rhode
27	Island is seeking to leverage funds from all available sources to ensure access to coordinated
28	health care services and promote higher-quality care through payment incentives and reform.
29	Accordingly, the Executive Office of Health and Human Services is taking the opportunity to
30	maximize and repurpose funds derived from redesigning certain financing mechanisms and health
31	care delivery systems and to implement innovative care models and payment systems that
32	encourage and reward quality, efficiency and healthy outcomes.
33	SECTION 1. Section 27-18-64 of the General Laws in Chapter 27-18 entitled “Accident
34	and Sickness Insurance Policies” is hereby amended to read as follows:
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1	§ 27-18-64. Coverage for early intervention services. – (a) Every individual or group
2	hospital or medical expense insurance policy or contract providing coverage for dependent
3	children, delivered or renewed in this state on or after July 1, 2004, shall include coverage of
4	early intervention services which coverage shall take effect no later than January 1, 2005. Such
5	coverage shall not be subject to deductibles and coinsurance factors. Any amount paid by an
6	insurer under this section for a dependent child shall not be applied to any annual or lifetime
7	maximum benefit contained in the policy or contract. For the purpose of this section, "early
8	intervention services" means, but is not limited to, speech and language therapy, occupational
9	therapy, physical therapy, evaluation, case management, nutrition, service plan development and
10	review, nursing services, and assistive technology services and devices for dependents from birth
11	to age three (3) who are certified by the executive office of health and human services as eligible
12	for services under part C of the Individuals with Disabilities Education Act (20 U.S.C. § 1471 et
13	seq.).
14	(b) Insurers shall reimburse certified early intervention providers, who are designated as
15	such by the executive office of health and human services, for early intervention services as
16	defined in this section at rates of reimbursement equal to or greater than the prevailing integrated
17	state Medicaid rate for early intervention services as established by the executive office of health
18	and human services.
19	(c) This section shall not apply to insurance coverage providing benefits for: (1) hospital
20	confinement indemnity; (2) disability income; (3) accident only; (4) long-term care; (5) Medicare
21	supplement; (6) limited benefit health; (7) specified disease indemnity; (8) sickness or bodily
22	injury or death by accident or both; and (9) other limited benefit policies.
23	SECTION 2. Sections 40-8-13.4 and 40-8-19 of the General Laws in Chapter 40-8
24	entitled “Medical Assistance” are hereby amended to read as follows:
25	§ 40-8-13.4. Rate methodology for payment for in state and out of state hospital
26	services. – (a) The executive office of health and human services (“executive office”) shall
27	implement a new methodology for payment for in state and out of state hospital services in order
28	to ensure access to and the provision of high quality and cost-effective hospital care to its eligible
29	recipients.
30	(b) In order to improve efficiency and cost effectiveness, the executive office of health
31	and human services shall:
32	(1)(i) With respect to inpatient services for persons in fee for service Medicaid, which is
33	non-managed care, implement a new payment methodology for inpatient services utilizing the
34	Diagnosis Related Groups (DRG) method of payment, which is, a patient classification method
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1	which provides a means of relating payment to the hospitals to the type of patients cared for by
2	the hospitals. It is understood that a payment method based on Diagnosis Related Groups DRG
3	may include cost outlier payments and other specific exceptions. The executive office will review
4	the DRG payment method and the DRG base price annually, making adjustments as appropriate
5	in consideration of such elements as trends in hospital input costs, patterns in hospital coding,
6	beneficiary access to care, and the Center for Medicare and Medicaid Services national CMS
7	Prospective Payment System (IPPS) Hospital Input Price index. For the twelve (12) month period
8	beginning July 1, 2015, the DRG base rate for Medicaid fee-for-service inpatient hospital services
9	shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in effect as of
10	July 1, 2014.
11	(ii) With respect to inpatient services, (A) it is required as of January 1, 2011 until
12	December 31, 2011, that the Medicaid managed care payment rates between each hospital and
13	health plan shall not exceed ninety and one tenth percent (90.1%) of the rate in effect as of June
14	30, 2010. Negotiated increases in inpatient hospital payments for each annual twelve (12) month
15	period beginning January 1, 2012 may not exceed the Centers for Medicare and Medicaid
16	Services national CMS Prospective Payment System (IPPS) Hospital Input Price index for the
17	applicable period; (B) provided, however, for the twenty-four (24) month period beginning July
18	1, 2013 the Medicaid managed care payment rates between each hospital and health plan shall not
19	exceed the payment rates in effect as of January 1, 2013 and for the twelve (12) month period
20	beginning July 1, 2015, the Medicaid managed care payment inpatient rates between each
21	hospital and health plan shall not exceed ninety-seven and one-half percent (97.5%) of the
22	payment rates in effect as of January 1, 2013; (C) negotiated increases in inpatient hospital
23	payments for each annual twelve (12) month period beginning July 1, 2016 may not exceed the
24	Centers for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS)
25	Hospital Input Price Index, less Productivity Adjustment, for the applicable period; (D) The
26	Rhode Island executive office of health and human services will develop an audit methodology
27	and process to assure that savings associated with the payment reductions will accrue directly to
28	the Rhode Island Medicaid program through reduced managed care plan payments and shall not
29	be retained by the managed care plans; (E) All hospitals licensed in Rhode Island shall accept
30	such payment rates as payment in full; and (F) for all such hospitals, compliance with the
31	provisions of this section shall be a condition of participation in the Rhode Island Medicaid
32	program.
33	(2) With respect to outpatient services and notwithstanding any provisions of the law to
34	the contrary, for persons enrolled in fee for service Medicaid, the executive office will reimburse
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1	hospitals for outpatient services using a rate methodology determined by the executive office and
2	in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare
3	payments for similar services. Notwithstanding the above, there shall be no increase in the
4	Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015.
5	For the twelve (12) month period beginning July 1, 2015, Medicaid fee-for-service outpatient
6	rates shall not exceed ninety-seven and one-half percent (97.5%) of the rates in effect as of July 1,
7	2014. Thereafter, changes to outpatient rates will be implemented on July 1 each year and shall
8	align with Medicare payments for similar services from the prior federal fiscal year increases in
9	the outpatient hospital payments for each annual twelve (12) month period beginning July 1, 2016
10	many not exceed the CMS national Outpatient Prospective Payment System (OPPS) Hospital
11	Input Price Index for the applicable period. With respect to the outpatient rate, (i) it is required as
12	of January 1, 2011 until December 31, 2011, that the Medicaid managed care payment rates
13	between each hospital and health plan shall not exceed one hundred percent (100%) of the rate in
14	effect as of June 30, 2010.; (ii)Negotiated increases in hospital outpatient payments for each
15	annual twelve (12) month period beginning January 1, 2012 may not exceed the Centers for
16	Medicare and Medicaid Services national CMS Outpatient Prospective Payment System (OPPS)
17	hospital price index for the applicable period; (ii) (iii) provided, however, for the twenty-four (24)
18	month period beginning July 1, 2013, the Medicaid managed care outpatient payment rates
19	between each hospital and health plan shall not exceed the payment rates in effect as of January 1,
20	2013 and for the twelve (12) month period beginning July 1, 2015, the Medicaid managed care
21	outpatient payment rates between each hospital and health plan shall not exceed ninety-seven and
22	one-half percent (97.5%) of the payment rates in effect as of January 1, 2013; (iii) (iv) negotiated
23	increases in outpatient hospital payments for each annual twelve (12) month period beginning
24	July 1, 2016 may not exceed the Centers for Medicare and Medicaid Services national CMS
25	Outpatient Prospective Payment System (OPPS) Hospital Input Price Index, less Productivity
26	Adjustment, for the applicable period.
27	(3) "Hospital" as used in this section shall mean the actual facilities and buildings in
28	existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter
29	any premises included on that license, regardless of changes in licensure status pursuant to § 23-
30	17.14 (hospital conversions) and § 23-17-6(b) (change in effective control), that provides short-
31	term acute inpatient and/or outpatient care to persons who require definitive diagnosis and
32	treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language,
33	the negotiated Medicaid managed care payment rates for a court-approved purchaser that acquires
34	a hospital through receivership, special mastership or other similar state insolvency proceedings
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1	(which court-approved purchaser is issued a hospital license after January 1, 2013) shall be based
2	upon the newly negotiated rates between the court-approved purchaser and the health plan, and
3	such rates shall be effective as of the date that the court-approved purchaser and the health plan
4	execute the initial agreement containing the newly negotiated rate. The rate-setting methodology
5	for inpatient hospital payments and outpatient hospital payments set forth in the §§ 40-8-
6	13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases
7	for each annual twelve (12) month period as of July 1 following the completion of the first full
8	year of the court-approved purchaser's initial Medicaid managed care contract.
9	(c) It is intended that payment utilizing the Diagnosis Related Groups DRG method
10	shall reward hospitals for providing the most efficient care, and provide the executive office the
11	opportunity to conduct value based purchasing of inpatient care.
12	(d) The secretary of the executive office of health and human services is hereby
13	authorized to promulgate such rules and regulations consistent with this chapter, and to establish
14	fiscal procedures he or she deems necessary for the proper implementation and administration of
15	this chapter in order to provide payment to hospitals using the Diagnosis Related Group DRG
16	payment methodology. Furthermore, amendment of the Rhode Island state plan for medical
17	assistance (Medicaid) pursuant to Title XIX of the federal Social Security Act is hereby
18	authorized to provide for payment to hospitals for services provided to eligible recipients in
19	accordance with this chapter.
20	(e) The executive office shall comply with all public notice requirements necessary to
21	implement these rate changes.
22	(f) As a condition of participation in the DRG methodology for payment of hospital
23	services, every hospital shall submit year-end settlement reports to the executive office within one
24	year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit
25	a year-end settlement report as required by this section, the executive office shall withhold
26	financial cycle payments due by any state agency with respect to this hospital by not more than
27	ten percent (10%) until said report is submitted. For hospital fiscal year 2010 and all subsequent
28	fiscal years, hospitals will not be required to submit year-end settlement reports on payments for
29	outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not
30	be required to submit year-end settlement reports on claims for hospital inpatient services.
31	Further, for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include
32	only those claims received between October 1, 2009 and June 30, 2010.
33	(g) The provisions of this section shall be effective upon implementation of the
34	amendments and new payment methodology set forth pursuant to this section and § 40-8-13.3,
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1	which shall in any event be no later than March 30, 2010, at which time the provisions of §§ 40-
2	8-13.2, 27-19-14, 27-19-15, and 27-19-16 shall be repealed in their entirety.
3	§ 40-8-19. Rates of payment to nursing facilities. – (a) Rate reform. (1) The rates to be
4	paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to
5	participate in the Title XIX Medicaid program for services rendered to Medicaid-eligible
6	residents, shall be reasonable and adequate to meet the costs which must be incurred by
7	efficiently and economically operated facilities in accordance with 42 U.S.C. §1396a(a)(13). The
8	executive office of health and human services ("executive office") shall promulgate or modify the
9	principles of reimbursement for nursing facilities in effect as of July 1, 2011 to be consistent with
10	the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq., of the Social Security Act.
11	(2) The executive office of health and human services ("Executive Office") shall review
12	the current methodology for providing Medicaid payments to nursing facilities, including other
13	long-term care services providers, and is authorized to modify the principles of reimbursement to
14	replace the current cost based methodology rates with rates based on a price based methodology
15	to be paid to all facilities with recognition of the acuity of patients and the relative Medicaid
16	occupancy, and to include the following elements to be developed by the executive office:
17	(i) A direct care rate adjusted for resident acuity;
18	(ii) An indirect care rate comprised of a base per diem for all facilities;
19	(iii) A rearray of costs for all facilities every three (3) years beginning October, 2015,
20	which may or may not result in automatic per diem revisions;
21	(iv) Application of a fair rental value system;
22	(v) Application of a pass-through system; and
23	(vi) Adjustment of rates by the change in a recognized national nursing home inflation
24	index to be applied on October 1st of each year, beginning October 1, 2012. This adjustment will
25	not occur on October 1, 2013 or October 1, 2015, but will occur on April 1, 2015. The adjustment
26	will also not occur on October 1, 2016. Said inflation index shall be applied without regard for
27	the transition factor in subsection (b)(2) below.
28	(b) Transition to full implementation of rate reform. For no less than four (4) years after
29	the initial application of the price-based methodology described in subdivision (a)(2) to payment
30	rates, the executive office of health and human services shall implement a transition plan to
31	moderate the impact of the rate reform on individual nursing facilities. Said transition shall
32	include the following components:
33	(1) No nursing facility shall receive reimbursement for direct care costs that is less than
34	the rate of reimbursement for direct care costs received under the methodology in effect at the
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1	time of passage of this act; and
2	(2) No facility shall lose or gain more than five dollars ($5.00) in its total per diem rate
3	the first year of the transition. An adjustment to the per diem loss or gain may be phased out by
4	twenty-five percent (25%) each year; except, however, for the years beginning October 1, 2015
5	and October 1, 2016, there shall be no adjustment to the per diem gain or loss, but the phase out
6	shall resume thereafter; and
7	(3) The transition plan and/or period may be modified upon full implementation of
8	facility per diem rate increases for quality of care related measures. Said modifications shall be
9	submitted in a report to the general assembly at least six (6) months prior to implementation.
10	(4) Notwithstanding any law to the contrary, for the twelve (12) month period beginning
11	July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section
12	shall not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015.
13	SECTION 3. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3
14	entitled “Uncompensated Care” are hereby amended to read as follows:
15	40-8.3-2. Definitions. -- As used in this chapter:
16	(1) "Base year" means for the purpose of calculating a disproportionate share payment for
17	any fiscal year ending after September 30, 2014 2015, the period from October 1, 2012 2013
18	through September 30, 2013 2014, and for any fiscal year ending after September 30, 2015 2016,
19	the period from October 1, 2014 2015 through September 30, 2014 2015.
20	(2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a
21	percentage) the numerator of which is the hospital's number of inpatient days during the base year
22	attributable to patients who were eligible for medical assistance during the base year and the
23	denominator of which is the total number of the hospital's inpatient days in the base year.
24	(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:
25	(i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base
26	year; and shall mean the actual facilities and buildings in existence in Rhode Island, licensed
27	pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that
28	license, regardless of changes in licensure status pursuant to § 23-17.14 (hospital conversions)
29	and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient and/or
30	outpatient care to persons who require definitive diagnosis and treatment for injury, illness,
31	disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid
32	managed care payment rates for a court-approved purchaser that acquires a hospital through
33	receivership, special mastership or other similar state insolvency proceedings (which court-
34	approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the
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1	newly negotiated rates between the court-approved purchaser and the health plan, and such rates
2	shall be effective as of the date that the court-approved purchaser and the health plan execute the
3	initial agreement containing the newly negotiated rate. The rate-setting methodology for inpatient
4	hospital payments and outpatient hospital payments set for the §§ 40-8-13.4(b)(1)(B)(iii) and 40-
5	8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases for each annual twelve
6	(12) month period as of July 1 following the completion of the first full year of the court-
7	approved purchaser's initial Medicaid managed care contract.
8	(ii) achieved a medical assistance inpatient utilization rate of at least one percent (1%)
9	during the base year; and
10	(iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23 during
11	the payment year.
12	(4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost
13	incurred by such hospital during the base year for inpatient or outpatient services attributable to
14	charity care (free care and bad debts) for which the patient has no health insurance or other third-
15	party coverage less payments, if any, received directly from such patients; and (ii) the cost
16	incurred by such hospital during the base year for inpatient or out-patient services attributable to
17	Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the
18	uncompensated care index.
19	(5) "Uncompensated care index" means the annual percentage increase for hospitals
20	established pursuant to § 27-19-14 for each year after the base year, up to and including the
21	payment year, provided, however, that the uncompensated care index for the payment year ending
22	September 30, 2007 shall be deemed to be five and thirty-eight hundredths percent (5.38%), and
23	that the uncompensated care index for the payment year ending September 30, 2008 shall be
24	deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated care
25	index for the payment year ending September 30, 2009 shall be deemed to be five and thirty-eight
26	hundredths percent (5.38%), and that the uncompensated care index for the payment years ending
27	September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September
28	30, 2014, and September 30, 2015, and September 30, 2016, and September 30, 2017 shall be
29	deemed to be five and thirty hundredths percent (5.30%).
30	§ 40-8.3-3. Implementation. (a) For federal fiscal year 2014, commencing on October 1,
31	2013 and ending September 30, 2014, the executive office of health and human services shall
32	submit to the Secretary of the U.S. Department of Health and Human Services a state plan
33	amendment to the Rhode Island Medicaid state plan for disproportionate share hospital payments
34	(DSH Plan) to provide:
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1	(1) That the disproportionate share hospital payments to all participating hospitals, not to
2	exceed an aggregate limit of $136.8 million, shall be allocated by the executive office of health
3	and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
4	(2) That the Pool D allotment shall be distributed among the participating hospitals in
5	direct proportion to the individual participating hospital's uncompensated care costs for the base
6	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
7	year inflated by uncompensated care index for all participating hospitals. The disproportionate
8	share payments shall be made on or before July 14, 2014 and are expressly conditioned upon
9	approval on or before July 7, 2014 by the Secretary of the U.S. Department of Health and Human
10	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
11	to secure for the state the benefit of federal financial participation in federal fiscal year 2014 for
12	the disproportionate share payments.
13	(b)(a) For federal fiscal year 2015, commencing on October 1, 2014 and ending
14	September 30, 2015, the executive office of health and human services shall submit to the
15	Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
16	Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
17	provide:
18	(1) That the disproportionate share hospital payments DSH Plan to all participating
19	hospitals, not to exceed an aggregate limit of $140.0 million, shall be allocated by the executive
20	office of health and human services to the Pool A, Pool C and Pool D components of the DSH
21	Plan; and,
22	(2) That the Pool D allotment shall be distributed among the participating hospitals in
23	direct proportion to the individual participating hospital's uncompensated care costs for the base
24	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
25	year inflated by uncompensated care index for all participating hospitals. The disproportionate
26	share DSH Plan payments shall be made on or before July 13, 2015 and are expressly conditioned
27	upon approval on or before July 6, 2015 by the Secretary of the U.S. Department of Health and
28	Human Services, or his or her authorized representative, of all Medicaid state plan amendments
29	necessary to secure for the state the benefit of federal financial participation in federal fiscal year
30	2015 for the disproportionate share payments.
31	(c)(b) For federal fiscal year 2016, commencing on October 1, 2015 and ending
32	September 30, 2016, the executive office of health and human services shall submit to the
33	Secretary of the U.S. Department of Health and Human Services a state plan amendment to the
34	Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to
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1	provide:
2	(1) That the disproportionate share hospital payments to all participating hospitals, not to
3	exceed an aggregate limit of $138.2 125.0 million, shall be allocated by the executive office of
4	health and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
5	(2) That the Pool D allotment shall be distributed among the participating hospitals in
6	direct proportion to the individual participating hospital's uncompensated care costs for the base
7	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
8	year inflated by uncompensated care index for all participating hospitals. The disproportionate
9	share payments DSH Plan shall be made on or before July 11, 2016 and are expressly conditioned
10	upon approval on or before July 5, 2016 by the Secretary of the U.S. Department of Health and
11	Human Services, or his or her authorized representative, of all Medicaid state plan amendments
12	necessary to secure for the state the benefit of federal financial participation in federal fiscal year
13	2016 for the disproportionate share payments.
14	federal financial participation in federal fiscal year 2016 for the disproportionate share
15	payments DSH Plan.
16	(c) For federal fiscal year 2017, commencing on October 1, 2016 and ending September
17	30, 2017, the executive office of health and human services shall submit to the Secretary of the
18	U.S. Department of Health and Human Services a state plan amendment to the Rhode Island
19	Medicaid DSH Plan to provide:
20	(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
21	$125.0 million, shall be allocated by the executive office of health and human services to the Pool
22	A, Pool C and Pool D components of the DSH Plan; and,
23	(2) That the Pool D allotment shall be distributed among the participating hospitals in
24	direct proportion to the individual participating hospital's uncompensated care costs for the base
25	year, inflated by the uncompensated care index to the total uncompensated care costs for the base
26	year inflated by uncompensated care index for all participating hospitals. The disproportionate
27	share payments shall be made on or before July 11, 2017 and are expressly conditioned upon
28	approval on or before July 5, 2017 by the Secretary of the U.S. Department of Health and Human
29	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
30	to secure for the state the benefit of federal financial participation in federal fiscal year 2017 for
31	the disproportionate share payments.
32	(d) No provision is made pursuant to this chapter for disproportionate share hospital
33	payments to participating hospitals for uncompensated care costs related to graduate medical
34	education programs.
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1	(e) The executive office of health and human services is directed, on at least a monthly
2	basis, to collect patient level uninsured information, including, but not limited to, demographics,
3	services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.
4	(f) Beginning with federal FY 2016, Pool D DSH payments will be recalculated by the
5	state based on actual hospital experience. The final Pool D payments will be based on the data
6	from the final DSH audit for each federal fiscal year. Pool D DSH payments will be redistributed
7	among the qualifying hospitals in direct proportion to the individual qualifying hospital's
8	uncompensated care to the total uncompensated care costs for all qualifying hospitals as
9	determined by the DSH audit. No hospital will receive an allocation that would incur funds
10	received in excess of audited uncompensated care costs.
11	SECTION 4. Section 40-8.3-10 of the General Laws in Chapter 40-8.3 entitled
12	“Uncompensated Care” is hereby repealed.
13	§ 40-8.3-10. Hospital adjustment payments. – Effective July 1, 2012 and for each
14	subsequent year, the executive office of health and human services is hereby authorized and
15	directed to amend its regulations for reimbursement to hospitals for inpatient and outpatient
16	services as follows:
17	(a) Each hospital in the state of Rhode Island, as defined in subdivision 23-17-
18	38.19(b)(1), shall receive a quarterly outpatient adjustment payment each state fiscal year of an
19	amount determined as follows:
20	(1) Determine the percent of the state's total Medicaid outpatient and emergency
21	department services (exclusive of physician services) provided by each hospital during each
22	hospital's prior fiscal year;
23	(2) Determine the sum of all Medicaid payments to hospitals made for outpatient and
24	emergency department services (exclusive of physician services) provided during each hospital's
25	prior fiscal year;
26	(3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by a
27	percentage defined as the total identified upper payment limit for all hospitals divided by the sum
28	of all Medicaid payments as determined in subdivision (2); and then multiply that result by each
29	hospital's percentage of the state's total Medicaid outpatient and emergency department services
30	as determined in subdivision (1) to obtain the total outpatient adjustment for each hospital to be
31	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 outpatient adjustment as determined in subdivision (3) above.
34	(b) Each hospital in the state of Rhode Island, as defined in subdivision 3-17-38.19(b)(1),
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1	shall receive a quarterly inpatient adjustment payment each state fiscal year of an amount
2	determined as follows:
3	(1) Determine the percent of the state's total Medicaid inpatient services (exclusive of
4	physician services) provided by each hospital during each hospital's prior fiscal year;
5	(2) Determine the sum of all Medicaid payments to hospitals made for inpatient services
6	(exclusive of physician services) provided during each hospital's prior fiscal year;
7	(3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by a
8	percentage defined as the total identified upper payment limit for all hospitals divided by the sum
9	of all Medicaid payments as determined in subdivision (2); and then multiply that result by each
10	hospital's percentage of the state's total Medicaid inpatient services as determined in subdivision
11	(1) to obtain the total inpatient adjustment for each hospital to be paid each year;
12	(4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one
13	quarter (1/4) of its total inpatient adjustment as determined in subdivision (3) above.
14	(c) The amounts determined in subsections (a) and (b) are in addition to Medicaid
15	inpatient and outpatient payments and emergency services payments (exclusive of physician
16	services) paid to hospitals in accordance with current state regulation and the Rhode Island Plan
17	for Medicaid Assistance pursuant to Title XIX of the Social Security Act and are not subject to
18	recoupment or settlement.
19	SECTION 5. Sections 40-8.4-3 and 40-8.4-12 of the General Laws in Chapter 40-8.4
20	entitled “Health Care for Families” are hereby amended to read as follows:
21	§ 40-8.4-3. Definitions. – (a) Family" means a minor child or children and the parent(s)
22	or relative as defined in § 40-5.1-3, with whom they reside including two parent families in which
23	one parent is working more than one hundred (100) hours per month. “Cost-effective” means that
24	the portion of the ESI that the state would subsidize, as well as costs for wrap-around services and
25	coverage, that would on average cost less to the State than enrolling that same individual/family
26	in a managed care delivery system.
27	(b) “Cost sharing” means any co-payments, deductibles or co-insurance associated with
28	ESI.
29	(c) “Employee premium” means the monthly premium share an individual or family is
30	required to pay to the employer to obtain and maintain ESI coverage.
31	(d) “Employer-Sponsored Insurance or ESI” means health insurance or a group health
32	plan offered to employees by an employer. This includes plans purchased by small employers
33	through the State health insurance marketplace, Healthsource, RI (HSRI).
34	(e) "Minor child" means a child under the age of eighteen (18) or who is eighteen (18)
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1	and a full-time student in a secondary school or in the equivalent level of vocational or technical
2	training.
3	(f) “Policy holder” means the person in the household with access to ESI, typically the
4	employee.
5	(g) “RIte Share-approved employer-sponsored insurance (ESI)” means an employer-
6	sponsored health insurance plan that meets the coverage and cost-effectiveness criteria for RIte
7	Share.
8	(h) “RIte Share buy-in” means the monthly amount an Medicaid-ineligible policy holder
9	must pay toward RIte Share-approved ESI that covers the Medicaid-eligible children, young
10	adults or spouses with access to the ESI. The buy-in only applies in instances when household
11	income is above 150% the FPL.
12	(i) “RIte Share premium assistance program” means the Rhode Island Medicaid premium
13	assistance program in which the State pays the eligible Medicaid member’s share of the cost of
14	enrolling in a RIte Share-approved ESI plan and, in instances in which it is cost-effective to do
15	so, the cost of the ineligible policy holder. This allows the State to share the cost of the health
16	insurance coverage with the employer.
17	(j) “RIte Share Unit” means the entity within EOHHS responsible for assessing the cost-
18	effectiveness of ESI, contacting employers about ESI as appropriate, initiating the RIte Share
19	enrollment and disenrollment process, handling member communications, and managing the
20	overall operations of the RIte Share program.
21	(k) “Third Party Liability (TPL)” means other health insurance coverage. This insurance
22	is in addition to Medicaid and is usually provided through an employer. Since Medicaid is always
23	the payer of last resort, the TPL is always the primary coverage.
24	(l) “Wrap-around services or coverage” means any health care services not included in
25	the ESI plan that would have been covered had the Medicaid member been enrolled in a RIte
26	Care or Rhody Health Partners plan. Coverage of deductibles and co-insurance is included in the
27	wrap. Co-payments to providers are not covered as part of the wrap-around coverage.
28	§ 40-8.4-12. RIte Share Health Insurance Premium Assistance Program. – (a) Basic
29	RIte Share Health Insurance Premium Assistance Program. The office of health and human
30	services is authorized and directed to amend the medical assistance Title XIX state plan to
31	implement the provisions of section 1906 of Title XIX of the Social Security Act, 42 U.S.C.
32	section 1396e, and establish the Rhode Island health insurance premium assistance program for
33	RIte Care eligible families with incomes up to two hundred fifty percent (250%) of the federal
34	poverty level who have access to employer-based health insurance. The state plan amendment
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1	shall require eligible families with access to employer-based health insurance to enroll themselves
2	and/or their family in the employer-based health insurance plan as a condition of participation in
3	the RIte Share program under this chapter and as a condition of retaining eligibility for medical
4	assistance under chapters 5.1 and 8.4 of this title and/or chapter 12.3 of title 42 and/or premium
5	assistance under this chapter, provided that doing so meets the criteria established in section 1906
6	of Title XIX for obtaining federal matching funds and the department has determined that the
7	individual's and/or the family's enrollment in the employer-based health insurance plan is cost-
8	effective and the department has determined that the employer-based health insurance plan meets
9	the criteria set forth in subsection (d). The department shall provide premium assistance by
10	paying all or a portion of the employee's cost for covering the eligible individual or his or her
11	family under the employer-based health insurance plan, subject to the cost sharing provisions in
12	subsection (b), and provided that the premium assistance is cost-effective in accordance with Title
13	XIX, 42 U.S.C. section 1396 et seq. - Under the terms of Section 1906 of Title XIX of the U.S.
14	Social Security Act, states are permitted to pay a Medicaid eligible individual's share of the costs
15	for enrolling in employer-sponsored health insurance (ESI) coverage if it is cost effective to do
16	so. Pursuant to general assembly’s direction in Rhode Island Health Reform Act of 2000, the
17	Medicaid agency requested and obtained federal approval under § 1916 to establish the RIte
18	Share premium assistance program to subsidize the costs of enrolling Medicaid eligible
19	individuals and families in employer sponsored health insurance plans that have been approved as
20	meeting certain cost and coverage requirements. The Medicaid agency also obtained, at the
21	general assembly’s direction, federal authority to require any such persons with access to ESI
22	coverage to enroll as a condition of retaining eligibility providing that doing so meets the criteria
23	established in Title XIX for obtaining federal matching funds.
24	(b) Individuals who can afford it shall share in the cost. The office of health and human
25	services is authorized and directed to apply for and obtain any necessary waivers from the
26	secretary of the United States Department of Health and Human Services, including, but not
27	limited to, a waiver of the appropriate sections of Title XIX, 42 U.S.C. section 1396 et seq., to
28	require that families eligible for RIte Care under this chapter or chapter 12.3 of title 42 with
29	incomes equal to or greater than one hundred fifty percent (150%) of the federal poverty level pay
30	a share of the costs of health insurance based on the individual's ability to pay, provided that the
31	cost sharing shall not exceed five percent (5%) of the individual's annual income. The department
32	of human services shall implement the cost-sharing by regulation, and shall consider co-
33	payments, premium shares or other reasonable means to do so.
34	(c)Current RIte Care enrollees with access to employer-based health insurance. The
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1	office of health and human services shall require any family who receives RIte Care or whose
2	family receives RIte Care on the effective date of the applicable regulations adopted in
3	accordance with subsection (f) to enroll in an employer-based health insurance plan at the
4	individual's eligibility redetermination date or at an earlier date determined by the department,
5	provided that doing so meets the criteria established in the applicable sections of Title XIX, 42
6	U.S.C. section 1396 et seq., for obtaining federal matching funds and the department has
7	determined that the individual's and/or the family's enrollment in the employer-based health
8	insurance plan is cost-effective and has determined that the health insurance plan meets the
9	criteria in subsection (d). The insurer shall accept the enrollment of the individual and/or the
10	family in the employer-based health insurance plan without regard to any enrollment season
11	restrictions. RIte Share Populations. Medicaid beneficiaries subject to RIte Share include
12	children, families, parent and caretakers eligible for Medicaid or the Children’s Health Insurance
13	Program under this chapter or chapter 42-12.3 and adults under age 65 eligible under chapters 40-
14	8.5 and 40-8.12 as follows:
15	(1) The income of Medicaid beneficiaries shall affect whether and in what manner they
16	must participate in RIte Share as follows:
17	(i) Income at or below 150% of FPL -- Individuals and families determined to have
18	household income at or below 150% of the Federal Poverty Level (FPL) guidelines based on the
19	modified adjusted gross income (MAGI) standard or other standard approved by the secretary are
20	required to participate in RIte Share if a Medicaid-eligible adult or parent/caretaker has access to
21	cost-effective ESI. Enrolling in ESI through RIte Share shall be a condition of maintaining
22	Medicaid health coverage for any eligible adult with access to such coverage.
23	(ii) Income above 150% FPL -- Premium assistance is available when the household
24	includes Medicaid-eligible members, but the ESI policy holder, typically a parent/ caretaker or
25	spouse, is not eligible for Medicaid. Premium assistance for parents/caretakers and other
26	household members who are not Medicaid-eligible may be provided in circumstances when
27	enrollment of the Medicaid-eligible family members in the approved ESI plan is contingent upon
28	enrollment of the ineligible policy holder and the executive office of health and human services
29	(executive office) determines, based on a methodology adopted for such purposes, that it is cost-
30	effective to provide premium assistance for family or spousal coverage.
31	(c) RIte Share Enrollment as a Condition of Eligibility. For Medicaid beneficiaries over
32	the age of nineteen (19) enrollment in RIte Share is a condition of eligibility except as exempted
33	below and by regulations promulgated by the executive office.
34	(1) Medicaid-eligible children and young adults up to age nineteen (19) shall not be
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1	required to enroll in a parent/caretaker relative’s ESI as a condition of maintaining Medicaid
2	eligibility. Medicaid-eligible children and young adults shall remain eligible for Medicaid and
3	shall be enrolled in a RIte Care plan if the person with access to RIte Share-approved ESI does
4	not enroll as required.
5	(2) There shall be a limited six (6) month exemption from the mandatory enrollment
6	requirement for persons participating in the RI Works program pursuant to § 40-5.2.
7	(d)Approval of health insurance plans for premium assistance. The executive office of
8	health and human services shall adopt regulations providing for the approval of employer-based
9	health insurance plans for premium assistance and shall approve employer-based health insurance
10	plans based on these regulations. In order for an employer-based health insurance plan to gain
11	approval, the department executive office must determine that the benefits offered by the
12	employer-based health insurance plan are substantially similar in amount, scope, and duration to
13	the benefits provided to RIte Care Medicaid-eligible persons by the RIte Care program enrolled in
14	Medicaid managed care plan, when the plan is evaluated in conjunction with available
15	supplemental benefits provided by the office. The office shall obtain and make available to
16	persons otherwise eligible for RIte Care Medicaid identified in this section as supplemental
17	benefits those benefits not reasonably available under employer-based health insurance plans
18	which are required for RIte Care eligible persons by state law or federal law or regulation. Once it
19	has been determined by the Medicaid agency that the ESI offered by a particular employer is RIte
20	Share-approved, all Medicaid members with access to that employer's plan are required
21	participate in RIte Share. Failure to meet the mandatory enrollment requirement shall result in the
22	termination of the Medicaid eligibility of the policy holder and other Medicaid members nineteen
23	(19) or older in the household that could be covered under the ESI until the policy holder
24	complies with the RIte Share enrollment procedures established by the executive office.
25	(e) Premium Assistance – EOHHS Payment. The executive office shall provide premium
26	assistance by paying all or a portion of the employee's cost for covering the eligible individual or
27	his or her family under such a RIte Share-approved ESI plan subject to the buy-in provisions in
28	this section.
29	(f) Buy-in – Beneficiary Costs. The executive office is authorized and directed to apply
30	for and obtain any necessary waivers from the secretary of the U.S. DHHS to require that families
31	enrolled in a RIte Share-approved employer-based health plan who have income equal to or
32	greater than one hundred fifty percent (150%) of the FPL to buy-in to pay a share of the costs
33	based on the ability to pay, provided that the buy-in cost shall not exceed five percent (5%) of the
34	individual's annual income. The executive office shall implement the buy-in by regulation, and
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1	shall consider co-payments, premium shares or other reasonable means to do so.
2	(e)(g) Maximization of federal contribution. The office of health and human services is
3	authorized and directed to apply for and obtain federal approvals and waivers necessary to
4	maximize the federal contribution for provision of medical assistance coverage under this section,
5	including the authorization to amend the Title XXI state plan and to obtain any waivers necessary
6	to reduce barriers to provide premium assistance to recipients as provided for in Title XXI of the
7	Social Security Act, 42 U.S.C. section 1397 et seq.
8	(f)(h) Implementation by regulation. The office of health and human services is
9	authorized and directed to adopt regulations to ensure the establishment and implementation of
10	the premium assistance program in accordance with the intent and purpose of this section, the
11	requirements of Title XIX, Title XXI and any approved federal waivers.
12	SECTION 6. Section 40-8.5-1.1 of the General Laws in Chapter 40-8.5 entitled “Health
13	Care for Elderly and Disabled Residents Act” is hereby amended to read as follows:
14	§ 40-8.5-1.1. Managed health care delivery systems. – (a) To ensure that all medical
15	assistance beneficiaries, including the elderly and all individuals with disabilities, have access to
16	quality and affordable health care, the department of human services executive office of health
17	and human services (“executive office”) is authorized to implement mandatory managed care
18	health systems.
19	(b) "Managed care" is defined as systems that: integrate an efficient financing mechanism
20	with quality service delivery; provides a "medical home" to assure appropriate care and deter
21	unnecessary services; and place emphasis on preventive and primary care. For purposes of
22	Medical Assistance this section, managed care systems are also may also be defined to include a
23	primary care case management model in which ancillary services are provided under the direction
24	of a physician in a practice, community health teams, and/or other such arrangements that meets
25	meet standards established by the department of human services executive office and serve the
26	purposes of this section. Managed care systems may also include services and supports that
27	optimize the health and independence of recipients beneficiaries who are determined to need
28	Medicaid funded long-term care under chapter 40-8.10 or to be at risk for such care under
29	applicable federal state plan or waiver authorities and the rules and regulations promulgated by
30	the department. Any medical assistance recipients executive office. Any Medicaid beneficiaries
31	who have third-party medical coverage or insurance may be provided such services through an
32	entity certified by or in a contractual arrangement with the department executive office or, as
33	deemed appropriate, exempt from mandatory managed care in accordance with rules and
34	regulations promulgated by the department of human services executive office of health and
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1	human services.
2	(c) In accordance with § 42-12.4-7, the department executive office is authorized to
3	obtain any approval through waiver(s), category II or III changes, and/or state plan amendments,
4	from the secretary of the United States department of health and human services, that are
5	necessary to implement mandatory managed health care delivery systems for all medical
6	assistance recipients, including the primary case management model in which ancillary services
7	are provided under the direction of a physician in a practice that meets standards established by
8	the department of human services medicaid beneficiaries. The waiver(s), category II or III
9	changes, and/or state plan amendments shall include the authorization to extend managed care to
10	cover long-term care services and supports. Such authorization shall also include, as deemed
11	appropriate, exempting certain beneficiaries with third-party medical coverage or insurance from
12	mandatory managed care in accordance with rules and regulations promulgated by the department
13	of human services executive office.
14	(d) To ensure the delivery of timely and appropriate services to persons who become
15	eligible for Medicaid by virtue of their eligibility for a U.S. social security administration
16	program, the department of human services executive office is authorized to seek any and all data
17	sharing agreements or other agreements with the social security administration as may be
18	necessary to receive timely and accurate diagnostic data and clinical assessments. Such
19	information shall be used exclusively for the purpose of service planning, and shall be held and
20	exchanged in accordance with all applicable state and federal medical record confidentiality laws
21	and regulations.
22	SECTION 7. Sections 40-8.9-3, 40-8.9-4, 40-8.9-6, 40-8.9-7, 40-8.9-8 and 40-8.9-9 of
23	the General Laws in Chapter 40-8.9 entitled “Medical Assistance - Long-Term Care Service and
24	Finance Reform “ are hereby amended to read as follows:
25	§ 40-8.9-3. Least restrictive setting requirement.- Beginning on July 1, 2007, the
26	department of human services The executive office of health and human services (executive
27	office) is directed to recommend the allocation of existing Medicaid resources as needed to
28	ensure that those in need of long-term care and support services receive them in the least
29	restrictive setting appropriate to their needs and preferences. The department executive office is
30	hereby authorized to utilize screening criteria, to avoid unnecessary institutionalization of persons
31	during the full eligibility determination process for Medicaid community based care.
32	§ 40-8.9-4. Unified long-term care budget.- Beginning on July 1, 2007, a unified long-
33	term care budget shall combine in a single line-item appropriation within the department of
34	human services budget executive office of health and human services (executive office), annual
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1	department of human services executive office Medicaid appropriations for nursing facility and
2	community-based long-term care services for elderly sixty-five (65) years and older and younger
3	persons at risk of nursing home admissions (including adult day care, home health, pace, and
4	personal care in assisted living settings). Beginning on July 1, 2007, the total system savings
5	attributable to the value of the reduction in nursing home days including hospice nursing home
6	days paid for by Medicaid shall be allocated in the budget enacted by the general assembly for the
7	ensuing fiscal year for the express purpose of promoting and strengthening community-based
8	alternatives; provided, further, beginning July 1, 2009, said savings shall be allocated within the
9	budgets of the executive office and, as appropriate, the department of human services, and the
10	department division of elderly affairs. The allocation shall include, but not be limited to, funds to
11	support an on-going statewide community education and outreach program to provide the public
12	with information on home and community services and the establishment of presumptive
13	eligibility criteria for the purposes of accessing home and community care. The home and
14	community care service presumptive eligibility criteria shall be developed through rule or
15	regulation on or before September 30, 2007. The allocation may also be used to fund home and
16	community services provided by the department division of elderly affairs for persons eligible for
17	Medicaid long-term care, and the co-pay program administered pursuant to section 42-66.3. Any
18	monies in the allocation that remain unexpended in a fiscal year shall be carried forward to the
19	next fiscal year for the express purpose of strengthening community-based alternatives.
20	The caseload estimating conference pursuant to § 35-17-1 shall determine the amount of
21	general revenues to be added to the current service estimate of community based long-term care
22	services for elderly sixty-five (65) and older and younger persons at risk of nursing home
23	admissions for the ensuing budget year by multiplying the combined cost per day of nursing
24	home and hospice nursing home days estimated at the caseload conference for that year by the
25	reduction in nursing home and hospice nursing home days from those in the second fiscal year
26	prior to the current fiscal year to those in the first fiscal year prior to the current fiscal year.
27	§ 40-8.9-6. Reporting.- Annual reports showing progress in long-term care system
28	reform and rebalancing shall be submitted by April 1st of each year by the department executive
29	office of health and human services to the Joint Legislative Committee on Health Care Oversight
30	as well as the finance committees of both the senate and the house of representatives and shall
31	include: the number of persons aged sixty-five (65) years and over and adults with disabilities
32	served in nursing facilities, the number of persons transitioned from nursing homes to Medicaid
33	supported home and community based care, the number of persons aged sixty-five (65) years and
34	over and adults with disabilities served in home and community care to include home care, adult
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1	day services, assisted living and shared living, the dollar amounts and percent of expenditures
2	spent on nursing facility care and home and community-based care, and estimates of the
3	continued investments necessary to provide stability to the existing system and establish the
4	infrastructure and programs required to achieve system-wide reform and the targeted goal of
5	spending fifty percent (50%) of Medicaid long-term care dollars on nursing facility care and fifty
6	percent (50%) on home and community-based services.
7	§ 40-8.9-7. Rate reform.- By January 2008 the department of human services The
8	executive office of health and human services shall design and require to be submitted by all
9	service providers cost reports for all community-based long-term services.
10	§ 40-8.9-8. System screening.- By January 2008 the department of human services The
11	executive office of health and human services shall develop and implement a screening strategy
12	for the purpose of identifying entrants to the publicly financed long-term care system prior to
13	application for eligibility as well as defining their potential service needs.
14	§ 40-8.9-9. Long-term care re-balancing system reform goal.- (a) Notwithstanding
15	any other provision of state law, the executive office of health and human services is authorized
16	and directed to apply for and obtain any necessary waiver(s), waiver amendment(s) and/or state
17	plan amendments from the secretary of the United States department of health and human
18	services, and to promulgate rules necessary to adopt an affirmative plan of program design and
19	implementation that addresses the goal of allocating a minimum of fifty percent (50%) of
20	Medicaid long-term care funding for persons aged sixty-five (65) and over and adults with
21	disabilities, in addition to services for persons with developmental disabilities , to home and
22	community-based care ; provided, further, the executive office shall report annually as part of its
23	budget submission, the percentage distribution between institutional care and home and
24	community-based care by population and shall report current and projected waiting lists for long-
25	term care and home and community-based care services. The executive office is further
26	authorized and directed to prioritize investments in home and community- based care and to
27	maintain the integrity and financial viability of all current long-term care services while pursuing
28	this goal.
29	(b) The reformed long-term care system re-balancing goal is person-centered and
30	encourages individual self-determination, family involvement, interagency collaboration, and
31	individual choice through the provision of highly specialized and individually tailored home-
32	based services. Additionally, individuals with severe behavioral, physical, or developmental
33	disabilities must have the opportunity to live safe and healthful lives through access to a wide
34	range of supportive services in an array of community-based settings, regardless of the
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1	complexity of their medical condition, the severity of their disability, or the challenges of their
2	behavior. Delivery of services and supports in less costly and less restrictive community settings,
3	will enable children, adolescents and adults to be able to curtail, delay or avoid lengthy stays in
4	long-term care institutions, such as behavioral health residential treatment facilities, long- term
5	care hospitals, intermediate care facilities and/or skilled nursing facilities.
6	(c) Pursuant to federal authority procured under § 42-7.2-16 of the general laws, the
7	executive office of health and human services is directed and authorized to adopt a tiered set of
8	criteria to be used to determine eligibility for services. Such criteria shall be developed in
9	collaboration with the state's health and human services departments and, to the extent feasible,
10	any consumer group, advisory board, or other entity designated for such purposes, and shall
11	encompass eligibility determinations for long-term care services in nursing facilities, hospitals,
12	and intermediate care facilities for persons with intellectual disabilities as well as home and
13	community-based alternatives, and shall provide a common standard of income eligibility for
14	both institutional and home and community- based care. The executive office is authorized to
15	adopt clinical and/or functional criteria for admission to a nursing facility, hospital, or
16	intermediate care facility for persons with intellectual disabilities that are more stringent than
17	those employed for access to home and community-based services. The executive office is also
18	authorized to promulgate rules that define the frequency of re- assessments for services provided
19	for under this section. Levels of care may be applied in accordance with the following:
20	(1) The executive office shall continue to apply the level of care criteria in effect on June
21	30, 2015 for any recipient determined eligible for and receiving Medicaid-funded long-term
22	services in supports in a nursing facility, hospital, or intermediate care facility for persons with
23	intellectual disabilities on or before that date, unless:
24	(a) the recipient transitions to home and community based services because he or she
25	would no longer meet the level of care criteria in effect on June 30, 2015; or
26	(b) the recipient chooses home and community based services over the nursing facility,
27	hospital, or intermediate care facility for persons with intellectual disabilities. For the purposes of
28	this section, a failed community placement, as defined in regulations promulgated by the
29	executive office, shall be considered a condition of clinical eligibility for the highest level of care.
30	The executive office shall confer with the long-term care ombudsperson with respect to the
31	determination of a failed placement under the ombudsperson's jurisdiction. Should any Medicaid
32	recipient eligible for a nursing facility, hospital, or intermediate care facility for persons with
33	intellectual disabilities as of June 30, 2015 receive a determination of a failed community
34	placement, the recipient shall have access to the highest level of care; furthermore, a recipient
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1	who has experienced a failed community placement shall be transitioned back into his or her
2	former nursing home, hospital, or intermediate care facility for persons with intellectual
3	disabilities whenever possible. Additionally, residents shall only be moved from a nursing home,
4	hospital, or intermediate care facility for persons with intellectual disabilities in a manner
5	consistent with applicable state and federal laws.
6	(2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a
7	nursing home, hospital, or intermediate care facility for persons with intellectual disabilities shall
8	not be subject to any wait list for home and community based services.
9	(3) No nursing home, hospital, or intermediate care facility for persons with intellectual
10	disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds
11	that the recipient does not meet level of care criteria unless and until the executive office has:
12	(i) performed an individual assessment of the recipient at issue and provided written
13	notice to the nursing home, hospital, or intermediate care facility for persons with intellectual
14	disabilities that the recipient does not meet level of care criteria; and
15	(ii) the recipient has either appealed that level of care determination and been
16	unsuccessful, or any appeal period available to the recipient regarding that level of care
17	determination has expired.
18	(d) The executive office is further authorized to consolidate all home and community-
19	based services currently provided pursuant to § 1915( c) of title XIX of the United States Code
20	into a single system of home and community- based services that include options for consumer
21	direction and shared living. The resulting single home and community-based services system
22	shall replace and supersede all §1915(c) programs when fully implemented. Notwithstanding the
23	foregoing, the resulting single program home and community-based services system shall include
24	the continued funding of assisted living services at any assisted living facility financed by the
25	Rhode Island housing and mortgage finance corporation prior to January 1, 2006, and shall be in
26	accordance with chapter 66.8 of title 42 of the general laws as long as assisted living services are
27	a covered Medicaid benefit.
28	(e) The executive office is authorized to promulgate rules that permit certain optional
29	services including, but not limited to, homemaker services, home modifications, respite, and
30	physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care
31	subject to availability of state-appropriated funding for these purposes.
32	(f) To promote the expansion of home and community-based service capacity, the
33	executive office is authorized to pursue payment methodology reforms that increase access to
34	homemaker, personal care (home health aide), assisted living, adult supportive care homes, and
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1	adult day services, as follows:
2	(1) Development, of revised or new Medicaid certification standards that increase access
3	to service specialization and scheduling accommodations by using payment strategies designed to
4	achieve specific quality and health outcomes.
5	(2) Development of Medicaid certification standards for state authorized providers of
6	adult day services, excluding such providers of services authorized under § 40.1-24-1(3), assisted
7	living, and adult supportive care (as defined under § 23-17.24) that establish for each, an acuity-
8	based, tiered service and payment methodology tied to: licensure authority, level of beneficiary
9	needs; the scope of services and supports provided; and specific quality and outcome measures.
10	The standards for adult day services for persons eligible for Medicaid-funded long-term
11	services may differ from those who do not meet the clinical/functional criteria set forth in § 40-
12	8.10-3.
13	(3) By October 1, 2016, institute an increase in the base payment rates for home care
14	service providers, in an amount to be determined through the appropriations process, for the
15	purpose of implementing a wage pass-through program for personal care attendants and home
16	health aides assisting long-term care beneficiaries. On or before September 1, 2016, Medicaid-
17	funded home health providers seeking to participate in the program shall submit to the secretary
18	for his or her approval a written plan describing and attesting to the manner in which the
19	increased payment rates shall be passed fully through to personal care attendants and home health
20	aides. Any such providers contracting with a Medicaid managed care organization shall develop
21	the plan for the wage pass-through program in conjunction with the managed care entity and shall
22	include assurances by both parties that the base-rate increase is implemented in accordance with
23	the goal of raising the wages of the health workers targeted in this subsection. Participating
24	providers who do not comply with the terms of their wage pass-through plan shall be subject to a
25	clawback, paid by the provider to the state, for any portion of the rate increase administered under
26	this section that the secretary deems appropriate.
27	(g) The executive office shall implement a long-term care options counseling program to
28	provide individuals or their representatives, or both, with long-term care consultations that shall
29	include, at a minimum, information about: long-term care options, sources and methods of both
30	public and private payment for long-term care services and an assessment of an individual's
31	functional capabilities and opportunities for maximizing independence. Each individual admitted
32	to or seeking admission to a long-term care facility regardless of the payment source shall be
33	informed by the facility of the availability of the long-term care options counseling program and
34	shall be provided with long-term care options consultation if they so request. Each individual who
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1	applies for Medicaid long-term care services shall be provided with a long-term care consultation.
2	(h) The executive office is also authorized, subject to availability of appropriation of
3	funding, and federal Medicaid-matching funds, to pay for certain services and supports necessary
4	to transition or divert beneficiaries from institutional or restrictive settings and optimize their
5	health and safety when receiving care in a home or the community . The secretary is authorized to
6	obtain any state plan or waiver authorities required to maximize the federal funds available to
7	support expanded access to such home and community transition and stabilization services;
8	provided, however, payments shall not exceed an annual or per person amount.
9	(i) To ensure persons with long-term care needs who remain living at home have
10	adequate resources to deal with housing maintenance and unanticipated housing related costs,
11	secretary is authorized to develop higher resource eligibility limits for persons or obtain any state
12	plan or waiver authorities necessary to change the financial eligibility criteria for long-term
13	services and supports to enable beneficiaries receiving home and community waiver services to
14	have the resources to continue living in their own homes or rental units or other home-based
15	settings.
16	(j) The executive office shall implement, no later than January 1, 2016, the following
17	home and community-based service and payment reforms:
18	(1) Community-based supportive living program established in § 40-8.13-2.1;
19	(2) Adult day services level of need criteria and acuity-based, tiered payment
20	methodology; and
21	(3) Payment reforms that encourage home and community-based providers to provide the
22	specialized services and accommodations beneficiaries need to avoid or delay institutional care.
23	(k) The secretary is authorized to seek any Medicaid section 1115 waiver or state plan
24	amendments and take any administrative actions necessary to ensure timely adoption of any new
25	or amended rules, regulations, policies, or procedures and any system enhancements or changes,
26	for which appropriations have been authorized, that are necessary to facilitate implementation of
27	the requirements of this section by the dates established. The secretary shall reserve the discretion
28	to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with
29	the governor, to meet the legislative directives established herein.
30	SECTION 8. Section 40-8.13-2 of the General Laws in Chapter 40-8.13 entitled “Long-
31	Term Managed Care Arrangements” is hereby amended to read as follows:
32	§ 40-8.13-2. Beneficiary choice options and informed choice .- The executive office of
33	health and human services must assure that any beneficiaries enrolling in a Any managed long-
34	term care arrangement shall offer beneficiaries the option to decline participation and remain in
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1	traditional Medicaid and, if a duals demonstration project, traditional Medicare. Beneficiaries
2	must be are provided with options counseling, as required under §40-8.9-9, in the person-centered
3	care planning process that includes sufficient information to make assist them in making an
4	informed choice regarding enrollment, including about the delivery of their care.
5	(1) Any changes in the beneficiary's payment or other financial obligations with respect
6	to long-term care services and supports as a result of enrollment;
7	(2) Any changes in the nature of the long-term care services and supports available to the
8	beneficiary as a result of enrollment, including specific descriptions of new services that will be
9	available or existing services that will be curtailed or terminated;
10	(3) A contact person who can assist the beneficiary in making decisions about
11	enrollment;
12	(4) Individualized information regarding whether the managed care organization's
13	network includes the health care providers with whom beneficiaries have established provider
14	relationships. Directing beneficiaries to a website identifying the plan's provider network shall not
15	be sufficient to satisfy this requirement; and
16	(5) The deadline by which the beneficiary must make a choice regarding enrollment, and
17	the length of time a beneficiary must remain enrolled in a managed care organization before
18	being permitted to change plans or opt out of the arrangement.
19	SECTION 9. Section 42-7.2-5 of the General Laws in Chapter 42-7.2 entitled “Office of
20	Health and Human Services” is hereby amended to read as follows:
21	§ 42-7.2-5 Duties of the secretary. – The secretary shall be subject to the direction and
22	supervision of the governor for the oversight, coordination and cohesive direction of state
23	administered health and human services and in ensuring the laws are faithfully executed,
24	notwithstanding any law to the contrary. In this capacity, the Secretary of Health and Human
25	Services shall be authorized to:
26	(1) Coordinate the administration and financing of health care benefits, human services
27	and programs including those authorized by the state's Medicaid section 1115 demonstration
28	waiver and, as applicable, the Medicaid State Plan under Title XIX of the US Social Security Act.
29	However, nothing in this section shall be construed as transferring to the secretary the powers,
30	duties or functions conferred upon the departments by Rhode Island public and general laws for
31	the administration of federal/state programs financed in whole or in part with Medicaid funds or
32	the administrative responsibility for the preparation and submission of any state plans, state plan
33	amendments, or authorized federal waiver applications, once approved by the secretary.
34	(2) Serve as the governor's chief advisor and liaison to federal policymakers on Medicaid
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1	reform issues as well as the principal point of contact in the state on any such related matters.
2	(3)(a) Review and ensure the coordination of the state's Medicaid section 1115
3	demonstration waiver requests and renewals as well as any initiatives and proposals requiring
4	amendments to the Medicaid state plan or category two (II) or three (III) changes, as described in
5	the special terms and conditions of the state's Medicaid section 1115 demonstration waiver with
6	the potential to affect the scope, amount or duration of publicly-funded health care services,
7	provider payments or reimbursements, or access to or the availability of benefits and services as
8	provided by Rhode Island general and public laws. The secretary shall consider whether any such
9	changes are legally and fiscally sound and consistent with the state's policy and budget priorities.
10	The secretary shall also assess whether a proposed change is capable of obtaining the necessary
11	approvals from federal officials and achieving the expected positive consumer outcomes.
12	Department directors shall, within the timelines specified, provide any information and resources
13	the secretary deems necessary in order to perform the reviews authorized in this section;
14	(b) Direct the development and implementation of any Medicaid policies, procedures, or
15	systems that may be required to assure successful operation of the state's health and human
16	services integrated eligibility system and coordination with HealthSource RI, the state's health
17	insurance marketplace.
18	(c) Beginning in 2015, conduct on a biennial basis a comprehensive review of the
19	Medicaid eligibility criteria for one or more of the populations covered under the state plan or a
20	waiver to ensure consistency with federal and state laws and policies, coordinate and align
21	systems, and identify areas for improving quality assurance, fair and equitable access to services,
22	and opportunities for additional financial participation.
23	(d) Implement service organization and delivery reforms that facilitate service
24	integration, increase value, and improve quality and health outcomes.
25	(4) Beginning in 2006, prepare and submit to the governor, the chairpersons of the house
26	and senate finance committees, the caseload estimating conference, and to the joint legislative
27	committee for health care oversight, by no later than March 15 of each year, a comprehensive
28	overview of all Medicaid expenditures outcomes, and utilization rates. The overview shall
29	include, but not be limited to, the following information:
30	(i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;
31	(ii) Expenditures, outcomes and utilization rates by population and sub-population served
32	(e.g. families with children, persons with disabilities, children in foster care, children receiving
33	adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders);
34	(iii) Expenditures, outcomes and utilization rates by each state department or other
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1	municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the
2	Social Security Act, as amended; and
3	(iv) Expenditures, outcomes and utilization rates by type of service and/or service
4	provider.
5	The directors of the departments, as well as local governments and school departments,
6	shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever
7	resources, information and support shall be necessary.
8	(5) Resolve administrative, jurisdictional, operational, program, or policy conflicts
9	among departments and their executive staffs and make necessary recommendations to the
10	governor.
11	(6) Assure continued progress toward improving the quality, the economy, the
12	accountability and the efficiency of state-administered health and human services. In this
13	capacity, the secretary shall:
14	(i) Direct implementation of reforms in the human resources practices of the executive
15	office and the departments that streamline and upgrade services, achieve greater economies of
16	scale and establish the coordinated system of the staff education, cross-training, and career
17	development services necessary to recruit and retain a highly-skilled, responsive, and engaged
18	health and human services workforce;
19	(ii) Encourage EOHHS-wide consumer-centered approaches to service design and
20	delivery that expand their capacity to respond efficiently and responsibly to the diverse and
21	changing needs of the people and communities they serve;
22	(iii) Develop all opportunities to maximize resources by leveraging the state's purchasing
23	power, centralizing fiscal service functions related to budget, finance, and procurement,
24	centralizing communication, policy analysis and planning, and information systems and data
25	management, pursuing alternative funding sources through grants, awards and partnerships and
26	securing all available federal financial participation for programs and services provided EOHHS-
27	wide;
28	(iv) Improve the coordination and efficiency of health and human services legal functions
29	by centralizing adjudicative and legal services and overseeing their timely and judicious
30	administration;
31	(v) Facilitate the rebalancing of the long term system by creating an assessment and
32	coordination organization or unit for the expressed purpose of developing and implementing
33	procedures EOHHS-wide that ensure that the appropriate publicly-funded health services are
34	provided at the right time and in the most appropriate and least restrictive setting;
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1	(vi) Strengthen health and human services program integrity, quality control and
2	collections, and recovery activities by consolidating functions within the office in a single unit
3	that ensures all affected parties pay their fair share of the cost of services and are aware of
4	alternative financing.
5	(vii) Assure protective services are available to vulnerable elders and adults with
6	developmental and other disabilities by reorganizing existing services, establishing new services
7	where gaps exist and centralizing administrative responsibility for oversight of all related
8	initiatives and programs.
9	(7) Prepare and integrate comprehensive budgets for the health and human services
10	departments and any other functions and duties assigned to the office. The budgets shall be
11	submitted to the state budget office by the secretary, for consideration by the governor, on behalf
12	of the state's health and human services agencies in accordance with the provisions set forth in §
13	35-3-4 of the Rhode Island general laws.
14	(8) Utilize objective data to evaluate health and human services policy goals, resource use
15	and outcome evaluation and to perform short and long-term policy planning and development.
16	(9) Establishment of an integrated approach to interdepartmental information and data
17	management that complements and furthers the goals of the unified health infrastructure project
18	initiative and that will facilitate the transition to consumer-centered integrated system of state
19	administered health and human services.
20	(10) At the direction of the governor or the general assembly, conduct independent
21	reviews of state-administered health and human services programs, policies and related agency
22	actions and activities and assist the department directors in identifying strategies to address any
23	issues or areas of concern that may emerge thereof. The department directors shall provide any
24	information and assistance deemed necessary by the secretary when undertaking such
25	independent reviews.
26	(11) Provide regular and timely reports to the governor and make recommendations with
27	respect to the state's health and human services agenda.
28	(12) Employ such personnel and contract for such consulting services as may be required
29	to perform the powers and duties lawfully conferred upon the secretary.
30	(13) Assume responsibility for complying with the provisions of any general or public
31	law or regulation related to the disclosure, confidentiality and privacy of any information or
32	records, in the possession or under the control of the executive office or the departments assigned
33	to the executive office, that may be developed or acquired or transferred at the direction of the
34	governor or the secretary for purposes directly connected with the secretary's duties set forth
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1	herein.
2	(14) Hold the director of each health and human services department accountable for
3	their administrative, fiscal and program actions in the conduct of the respective powers and duties
4	of their agencies.
5	(15) Identify and implement fiscal controls within the overall budget of the office of
6	health and human services, as needed, to achieve the full savings enacted in the FY 2016
7	appropriations act under the Reinventing Medicaid Initiative.
8	SECTION 10. Section 42-12-29 of the General Laws in Chapter 42-12 entitled
9	“Department of Human Services” is hereby amended to read as follows:
10	§ 42-12-29. Children's health account. – (a) There is created within the general fund a
11	restricted receipt account to be known as the "children's health account." All money in the
12	account shall be utilized by the department of human services executive office of health and
13	human services (executive office) to effectuate coverage for the following service categories: (1)
14	home health services, which include pediatric private duty nursing and certified nursing assistant
15	services; (2) comprehensive, evaluation, diagnosis, assessment, referral and evaluation
16	(CEDARR) services, which include CEDARR family center services, home based therapeutic
17	services, personal assistance services and supports (PASS) and kids connect services and (3) child
18	and adolescent treatment services (CAITS). All money received pursuant to this section shall be
19	deposited in the children's health account. The general treasurer is authorized and directed to
20	draw his or her orders on the account upon receipt of properly authenticated vouchers from the
21	department of human services executive office.
22	(b) Beginning January 1, 2016 July 1, 2016, a portion of the amount collected pursuant to
23	§ 42-7.4-3, up to the actual amount expended or projected to be expended by the state for the
24	services described in § 42-12-29(a), less any amount collected in excess of the prior year's
25	funding requirement as indicated in § 42-12-29(c), but in no event more than the limit set forth in
26	§ 42-12-29(d) (the "child health services funding requirement"), shall be deposited in the
27	"children's health account.". The funds shall be used solely for the purposes of the "children's
28	health account", and no other.
29	(c) The department of human services executive office shall submit to the general
30	assembly an annual report on the program and costs related to the program, on or before February
31	1 of each year. The department executive office shall make available to each insurer required to
32	make a contribution pursuant to § 42-7.4-3, upon its request, detailed information regarding the
33	children's health programs described in subsection (a) and the costs related to those programs.
34	Any funds collected in excess of funds needed to carry out the programs shall be deducted from
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1	the subsequent year's funding requirements.
2	(d) The total amount required to be deposited into the children's health account shall be
3	equivalent to the amount paid by the department of human services executive office for all
4	services, as listed in subsection (a), but not to exceed seven thousand five hundred dollars
5	($7,500) twelve thousand five hundred dollars ($12,500) per child per service per year.
6	(e) The children's health account shall be exempt from the indirect cost recovery
7	provisions of § 35-4-27 of the general laws.
8	SECTION 11. Section 15 of Article 5 of Chapter 141 of the Public Laws of 2015 is
9	hereby repealed.
10	A pool is hereby established of up to $2.5 million to support Medicaid Graduate
11	Education funding for Academic Medical Centers with level I Trauma Centers who provide care
12	to the state's critically ill and indigent populations. The office of Health and Human Services shall
13	utilize this pool to provide up to $5 million per year in additional Medicaid payments to support
14	Graduate Medical Education programs to hospitals meeting all of the following criteria:
15	(a) Hospital must have a minimum of 25,000 inpatient discharges per year for all patients
16	regardless of coverage.
17	(b) Hospital must be designated as Level I Trauma Center.
18	(c) Hospital must provide graduate medical education training for at least 250 interns and
19	residents per year.
20	The Secretary of the Executive Office of Health and Human Services shall determine the
21	appropriate Medicaid payment mechanism to implement this program and amend any state plan
22	documents required to implement the payments.
23	Payments for Graduate Medical Education programs shall be effective July 1, 2015.
24	SECTION 12. This article shall take effect upon passage, except as otherwise provided
25	herein.
26	ARTICLE 10
27	RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2016
28	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
29	in this act, the following general revenue amounts are hereby appropriated out of any money in
30	the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
31	2016. The amounts identified for federal funds and restricted receipts shall be made available
32	pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the
33	purposes and functions hereinafter mentioned, the state controller is hereby authorized and
34	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
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1	portions thereof as may be required from time to time upon receipt by him or her of properly
2	authenticated vouchers.
3	FY 2016 FY 2016 FY 2016
4	Enacted Change Final
5	Administration
6	Central Management
7	General Revenues 2,806,924 131,642 2,938,566
8	Office of Digital Excellence 984,019 (240,862) 743,157
9	Total - Central Management 3,790,943 (109,220) 3,681,723
10	Legal Services
11	General Revenues 2,166,696 (10,614) 2,156,082
12	Total – Legal Services 2,166,696 (10,614) 2,156,082
13	Accounts and Control
14	General Revenues 4,080,143 (43,997) 4,036,146
15	Total - Accounts and Control 4,080,143 (43,997) 4,036,146
16	Office of Management and Budget
17	General Revenues 4,146,713 461,716 4,608,429
18	Restricted Receipts 0 26,308 26,308
19	Total - Office of Management and Budget 4,146,173 488,024 4,634,737
20	Purchasing
21	General Revenues 2,764,921 (142,728) 2,622,193
22	Other Funds 320,487 (45,250) 275,237
23	Total – Purchasing 3,085,408 (187,978) 2,897,430
24	Auditing
25	General Revenues 1,476,262 (49,846) 1,426,416
26	Total – Auditing 1,476,262 (49,846) 1,426,416
27	Human Resources
28	General Revenues 7,679,763 (267,018) 7,412,745
29	Federal Funds 800,576 (49,935) 750,641
30	Restricted Receipts 489,333 (21,186) 468,147
31	Other Funds 1,401,403 (6) 1,401,397
32	Total - Human Resources 10,371,075 (338,145) 10,032,930
33	Personnel Appeal Board
34	General Revenues 119,874 14,570 134,444
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1	Total – Personnel Appeal Board 119,874 14,570 134,444
2	Facilities Management
3	General Revenues 32,172,352 858,994 3 3,031,346
4	Federal Funds 1,208,674 (51,034) 1,157,640
5	Restricted Receipts 376,880 13,766 390,646
6	Other Funds 3,923,319 (88,901) 3,834,418
7	Total – Facilities Management 37,681,225 732,835 38,414,050
8	Capital Projects and Property Management
9	General Revenues 2,967,816 (1,329,538)1,638,278
10	Federal Funds 21,955 (21,995) 0
11	Restricted Receipts 127,339 (127,339) 0
12	Other Funds- Statewide Capital Consolidation 495,821 (495,821) 0
13	Total – Capital Projects and
14	Property Management 3,612,931 (1,974,653) 1,638,278
15	Information Technology
16	General Revenues 20,201,589 (125,592) 20,075,997
17	Federal Funds 6,746,649 4,198 6,750,847
18	Restricted Receipts 10,193,681 6,491,097 16,684,778
19	Other Funds 2,829,157 (156,970) 2,672,187
20	Total – Information Technology 39,971,076 6,212,733 46,183,809
21	Library and Information Services
22	General Revenues 1,229,995 (12,414) 1,217,581
23	Federal Funds 1,204,253 61,634 1,265,887
24	Restricted Receipts 180 (152) 28
25	Total - Library and Information Services 2,434,428 49,068 2,483,496
26	Planning
27	General Revenues 1,316,146 49,049 1,365,195
28	Federal Funds 1,073,871 (61,978) 1,011,893
29	Other Funds
30	Federal Highway – PL Systems Planning 3,254,638 (338,301) 2,916,337
31	Air Quality Modeling 0 24,000 24,000
32	Other Funds Total 3,254,638 (314,301) 2,940,337
33	Total - Planning 5,644,655 (327,230) 5,317,425
34	General
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1	General Revenues
2	Miscellaneous Grants/Payments 971,049 0 971,049
3	Torts – Courts/Awards 400,000 0 400,000
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	RIPTA 2,000,000 0 2,000,000
7	Library Construction Aid 2,663,300 0 2,663,300
8	Total General Revenues 17,128,804 0 17,128,804
9	Federal Funds 4,345,555 0 4,345,555
10	Restricted Receipts 421,500 0 421,500
11	Rhode Island Capital Plan Funds
12	Statehouse Renovations 575,000 5,905 580,905
13	DoIT Enterprise Operations Center 619,000 (219,000) 400,000
14	Cranston Street Armory 983,501 516,499 1,500,000
15	Cannon Building 1,465,000 (465,000) 1,000,000
16	Zambarano Building Rehabilitation 1,795,000 705,000 2,500,000
17	Pastore Center Rehab DOA Portion 2,793,000 (293,000) 2,500,000
18	Old State House 1,225,000 (235,000) 990,000
19	State Office Building 3,148,000 (1,048,000) 2,100,000
20	Old Colony House 695,000 (195,000) 500,000
21	William Powers Building 1,450,000 925,954 2,375,954
22	Pastore Center Utility Systems Upgrade 3,487,000 (2,487,000) 1,000,000
23	Replacement of Fueling Tanks 640,000 0 640,000
24	Environmental Compliance 200,000 (117,204) 82,796
25	Big River Management Area 120,000 0 120,000
26	Washington County Government Center 825,000 (400,000) 425,000
27	Veterans Memorial Auditorium 250,000 2,033 252,033
28	Chapin Health Laboratory 510,000 (10,000) 500,000
29	Pastore Center Parking 1,000,000 (830,000) 170,000
30	Pastore Center Water Tanks 280,000 100,000 380,000
31	RI Convention Center Authority 1,000,000 500,000 1,500,000
32	Dunkin Donuts Center 1,387,500 289,586 1,677,086
33	Mathias Building Renovation 3,100,000 (696,000) 2,404,000
34	McCoy Stadium 250,000 (100,000) 150,000
	LC004502 - Page 130 of 316
1	Pastore Power Plant 500,000 75,000 575,000
2	Virks Building Renovations 6,500,000 (3,175,000) 3,325,000
3	Harrington Hall Renovations 1,679,493 200,961 1,880,454
4	Accessibility – Facility Renovations 1,000,000 0 1,000,000
5	State House Energy Mgt Improvements 346,000 150,324 496,324
6	Veterans Land Purchase 250,000 705,750 955,750
7	Pastore Center Demolition 1,700,000 (1,530,000) 170,000
8	Zambarano Wood Chip Boiler 0 13,841 13,841
9	Pastore Cottages Rehabilitation 0 166,991 166,991
10	Ladd Center Demolition 0 204,523 204,523
11	Other Funds Total 39,773,494 (7,237,837) 32,535,657
12	Total – General 61,669,353 (7,237,837) 54,431,516
13	Debt Service Payments
14	General Revenues 99,137,176 13,452,908 112,590,084
15	Of the general revenue appropriations for debt service, the General Treasurer is authorized to
16	make payments for the I-195 Redevelopment District Commission loan up to the maximum debt
17	service due in accordance with the loan agreement.
18	Federal Funds 2,657,152 0 2,657,152
19	Restricted Receipts 2,085,410 1,334,970 3,420,380
20	Other Funds
21	Transportation Debt Service 46,011,341 0 46,011,341
22	Investment Receipts – Bond Funds 100,000 0 100,000
23	COPS - DLT Building – TDI 271,653 0 271,653
24	Other Funds Total 46,382,994 0 46,382,994
25	Total - Debt Service Payments 150,262,732 14,787,878 165,050,610
26	Energy Resources
27	Federal Funds 406,587 30,503 437,090
28	Restricted Receipts 10,194,871 8,965,117 19,159,988
29	Total – Energy Resources 10,601,458 8,995,620 19,597,078
30	Rhode Island Health Benefits Exchange
31	General Revenues 2,625,841 0 2,625,841
32	Federal Funds 24,746,063 867,126 25,613,189
33	Restricted Receipts 3,554,716 (19,951) 3,534,765
34	Total - Rhode Island Health Benefits 30,926,620 847,175 31,773,795
	LC004502 - Page 131 of 316
1	Exchange
2	Construction Permitting, Approvals and Licensing
3	General Revenues 1,615,416 91,637 1,707,053
4	Restricted Receipts 1,409,497 (151,084) 1,258,413
5	Total – Construction Permitting, Approvals and
6	Licensing 3,024,913 (59,447) 2,965,466
7	Office of Diversity, Equity, and Opportunity
8	General Revenues 1,098,841 (31,311) 1,067,530
9	Federal Funds 91,294 (91,294) 0
10	Other Funds 0 91,226 91,226
11	Total – Office of Diversity, Equity and
12	Opportunity 1,190,135 (31,379) 1,158,756
13	Personnel and Operational Reforms
14	General Revenues (8,225,000) 6,225,000 (2,000,000)
15	Total - Personnel and
16	Operational Reforms (8,225,000) 6,225,000 (2,000,000)
17	Grand Total – General Revenue 197,494,291 19,031,596 216,525,887
18	Grand Total – Administration 368,031,640 27,982,547 396,014,187
19	Business Regulation
20	Central Management
21	General Revenues 1,326,772 77,711 1,404,483
22	Total – Central Management 1,326,772 77,711 1,404,483
23	Banking Regulation
24	General Revenues 1,674,773 133,051 1,807,824
25	Restricted Receipts 37,000 13,000 50,000
26	Total–Banking Regulation 1,711,773 146,051 1,857,824
27	Securities Regulation
28	General Revenues 962,697 6,999 969,696
29	Restricted Receipts 3,500 11,500 15,000
30	Total - Securities Regulation 966,197 18,499 984,696
31	Insurance Regulation
32	General Revenues 3,885,752 (332,033) 3,553,719
33	Restricted Receipts 1,877,715 (116,857) 1,760,858
34	Total - Insurance Regulation 5,763,467 (448,890) 5,314,577
	LC004502 - Page 132 of 316
1	Office of the Health Insurance Commissioner
2	General Revenues 535,017 (41,597) 493,420
3	Federal Funds 2,795,240 (26,336) 2,768,904
4	Restricted Receipts 11,500 0 11,500
5	Total – Office of the Health Insurance
6	Commissioner 3,341,757 (67,933) 3,273,824
7	Board of Accountancy
8	General Revenues 16,654 (10,654) 6,000
9	Total – Board of Accountancy 16,654 (10,654) 6,000
10	Commercial Licensing, Racing & Athletics
11	General Revenues 561,821 75,130 636,951
12	Restricted Receipts 659,062 (7,869) 651,193
13	Total - Commercial Licensing, Racing &
14	Athletics 1,220,883 67,261 1,288,144
15	Boards for Design Professionals
16	General Revenues 273,009 (9,462) 263,547
17	Total – Boards for Design Professionals 273,009 (9,462) 263,547
18	Grand Total – General Revenues 9,236,495 (100,855) 9,135,640
19	Grand Total - Business Regulation 14,620,512 (227,417) 14,393,095
20	Executive Office of Commerce
21	Central Management
22	General Revenues 956,254 (3,290) 952,964
23	Housing and Community Development
24	General Revenues 593,082 7,391 600,473
25	Federal Funds 10,983,803 80,075 11,063,878
26	Restricted Receipts 2,800,000 1,200,000 4,000,000
27	Total – Housing and Community Development 14,376,885 1,287,466 15,664,351
28	Quasi-Public Appropriations
29	General Revenues
30	Rhode Island Commerce Corporation 7,394,514 0 7,394,514
31	Rhode Island Commerce Corporation-
32	Legislative Grants 1,026,492 0 1,026,492
33	Airport Impact Aid 1,025,000 0 1,025,000
34	Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
	LC004502 - Page 133 of 316
1	distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
2	the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
3	(40%) of the first $1,000,000 shall be distributed based on the share of landings during the
4	calendar year 2015 at North Central Airport, Newport-Middletown Airport, Block Island Airport,
5	Quonset Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island
6	Commerce Corporation shall make an impact payment to the towns or cities in which the airport
7	is located based on this calculation. Each community upon which any parts of the above airports
8	are located shall receive at least $25,000.
9	STAC Research Alliance 1,150,000 0 1,150,000
10	Innovative Matching Grants/Internships 1,000,000 0 1,000,000
11	1-195 Redevelopment District Commission 761,000 170,305 931,305
12	Executive Office of Commerce Programs 3,100,000 0 3,100,000
13	Chafee Center at Bryant 376,200 0 376,200
14	Other Funds
15	Rhode Island Capital Plan Funds
16	I-195 Redevelopment District Commission 300,000 0 300,000
17	Total- Quasi-Public Appropriations 16,133,206 170,305 1 6,303,511
18	Economic Development Initiatives Fund
19	General Revenues
20	Small Business Assistance Program 5,458,000 0 5,458,000
21	Anchor Institution Tax Credits 1,750,000 (1,000,000) 750,000
22	Innovation Initiative 500,000 500,000 1,000,000
23	Cluster Grants 750,000 0 750,000
24	1-195 Development Fund 25,000,000 0 25,000,000
25	Affordable Housing Fund 3,000,000 0 3,000,000
26	Main Street RI Streetscape Improvements 1,000,000 0 1,000,000
27	Rebuild RI Tax Credit Fund 1,000,000 0 1,000,000
28	First Wave Closing Fund 5,000,000 0 5,000,000
29	Innovation Vouchers 0 500,000 500,000
30	Total- Economic Development Initiatives
31	Fund 43,458,000 0 43,458,000
32	Grand Total – General Revenues 60,840,542 174,406 61,014,948
33	Grand Total - Executive Office of
34	Commerce 74,924,345 1,454,481 76,378,826
	LC004502 - Page 134 of 316
1	Labor and Training
2	Central Management
3	General Revenues 110,537 8,442 118,979
4	Restricted Receipts 369,575 415,227 784,802
5	Other Funds
6	Rhode Island Capital Plan Funds
7	Center General Asset Protection 1,500,000 0 1,500,000
8	Center General Roof 256,691 986,358 1,243,049
9	Total Other Funds 1,756,691 986,358 2,743,049
10	Total - Central Management 2,236,803 1,410,027 3,646,830
11	Workforce Development Services
12	General Funds Revenues 704,517 164,945 869,462
13	Federal Funds 19,475,428 18,791,304 38,266,732
14	Restricted Receipts 10,339,896 6,408,431 16,748,327
15	Other Funds 0 222,932 222,932
16	Total - Workforce Development Services 30,519,841 25,587,612 56,107,453
17	Workforce Regulation and Safety
18	General Revenues 2,925,633 16,842 2,942,475
19	Total – Workforce Regulation and Safety 2,925,633 16,842 2,942,475
20	Income Support
21	General Revenues 4,194,431 (52,635) 4,141,796
22	Federal Funds 18,688,633 (263,761) 18,424,872
23	Restricted Receipts 2,283,733 10,762,397 13,046,130
24	Other Funds
25	Temporary Disability Insurance Fund 193,989,337 (10,377,270) 183,612,067
26	Employment Security Fund 180,000,000 (21,600,000) 158,400,000
27	Other Funds Total 373,989,337 (31,977,270) 342,012,067
28	Total - Income Support 399,156,134 (21,531,269) 377,624,865
29	Injured Workers Services
30	Restricted Receipts 8,501,946 217,479 8,719,425
31	Total – Injured Workers Services 8,501,946 217,479 8,719,425
32	Labor Relations Board
33	General Revenues 389,651 10,354 400,005
34	Total - Labor Relations Board 389,651 10,354 400,005
	LC004502 - Page 135 of 316
1	Grand Total - General Revenues 8,324,769 147,948 8,472,717
2	Grand Total - Labor and Training 443,730,008 5,711,045 449,441,053
3	Department of Revenue
4	Director of Revenue
5	General Revenues 1,144,238 (356,658) 787,580
6	Total – Director of Revenue 1,144,238 (356,658) 787,580
7	Office of Revenue Analysis
8	General Revenues 574,490 (21,258) 553,232
9	Total – Office of Revenue Analysis 574,490 (21,258) 553,232
10	Lottery Division
11	Other Funds 303,850,780 52,344,725 356,195,
12	Rhode Island Capital Plan Funds
13	Lottery Building Renovations 0 258,697 258,697
14	Other Funds Total 303,850,780 52,603,422 356,454,202
15	Total – Lottery Division 303,850,780 52,603,422 356,454,202
16	Municipal Finance
17	General Revenues 2,186,998 275,728 2,462,726
18	Total – Municipal Finance 2,186,998 275,728 2,462,726
19	Taxation
20	General Revenues 19,725,849 (99,813) 19,626,036
21	Federal Funds 1,267,991 40,308 1,308,299
22	Restricted Receipts 877,550 41,160 918,710
23	Other Funds
24	Motor Fuel Tax Evasion 16,148 0 16,148
25	Temporary Disability Insurance 932,395 29,692 962,087
26	Other Funds Total 948,543 2 9,692 978,235
27	Total – Taxation 22,819,933 11,347 22,831,280
28	Registry of Motor Vehicles
29	General Revenues
30	General Revenues 19,323,244 438,784 19,762,028
31	License Plate Issuance 3,000,000 (3,000,000) 0
32	All unexpended or unencumbered balances as of June 30, 2016 relating to license plate reissuance
33	are hereby reappropriated to fiscal year 2017.
34	General Revenues Total 22,323,244 (2,561,216) 19,762,028
	LC004502 - Page 136 of 316
1	Federal Funds 47,163 3,933,297 3,980,460
2	Restricted Receipts 2,094,763 1,000,000 3,094,763
3	Total - Registry of Motor Vehicles 24,465,170 2,372,081 26,837,251
4	State Aid
5	General Revenue
6	Distressed Communities Relief Fund 10,384,458 0 10,384,458
7	Payment in Lieu of Tax Exempt Properties 40,080,409 0 40,080,409
8	Motor Vehicle Excise Tax Payments 10,000,000 0 10,000,000
9	Property Revaluation Program 1,778,760 0 1,778,760
10	Municipal Aid 5,000,000 136,542 5,136,542
11	General Revenue Total 67,243,627 136,542 67,380,169
12	Restricted Receipts 922,013 0 922,013
13	Total – State Aid 68,165,640 136,542 68,302,182
14	Grand Total – General Revenue 113,198,446 (2,626,675) 110,571,771
15	Grand Total – Revenue 423,207,249 55,021,204 478,228,453
16	Legislature
17	General Revenues 39,474,071 3,015,941 42,490,012
18	Restricted Receipts 1,680,873 (65,050) 1,615,823
19	Grand Total – Legislature 41,154,944 2,950,891 44,105,835
20	Lieutenant Governor
21	General Revenues 1,127,621 (84,553) 1,043,068
22	Federal Funds 65,000 (65,000) 0
23	Grand Total - Lieutenant Governor 1,192,621 (149,553) 1,043,068
24	Secretary of State
25	Administration
26	General Revenues 2,553,390 23,047 2,576,437
27	Total – Administration 2,553,390 23,047 2,576,437
28	Corporations
29	General Revenues 2,302,691 (87,898) 2,214,793
30	Total – Corporations 2,302,691 (87,898) 2,214,793
31	State Archives
32	General Revenues 69,266 0 69,266
33	Restricted Receipts 584,108 (77,823) 506,285
34	Total - State Archives 653,374 (77,823) 575,551
	LC004502 - Page 137 of 316
1	Elections & Civics
2	General Revenues 1,017,899 (148,442) 869,457
3	Federal Funds 0 22,859 22,859
4	Total – Elections & Civics 1,017,899 (125,583) 892,316
5	State Library
6	General Revenues 551,744 4,159 555,903
7	Total – State Library 551,744 4,159 555,903
8	Office of Public Information
9	General Revenues 456,540 4,972 461,512
10	Restricted Receipts 15,000 10,000 25,000
11	Rhode Island Capital Plan Funds 436,246 26,675 462,921
12	Total – Office of Public Information 907,786 41,647 949,433
13	Grand Total – General Revenues 6,951,530 (204,162) 6,747,368
14	Grand Total – Secretary of State 7,986,884 (222,451) 7,764,433
15	General Treasurer
16	Treasury
17	General Revenues 2,193,796 (10,863) 2,182,933
18	Federal Funds 267,251 40,662 307,913
19	Other Funds
20	Temporary Disability Insurance Fund 218,818 15,596 234,414
21	Tuition Savings Program – Admin 300,000 55,020 355,020
22	Other Funds Total 518,818 70,616 589,434
23	Total – Treasury 2,979,865 100,415 3,080,280
24	State Retirement System
25	Restricted Receipts
26	Admin Expenses - State Retirement System 10,230,709 1,077,454 11,308,163
27	Retirement - Treasury Investment Operations 1,235,591 90,491 1,326,082
28	Defined Contribution – Administration 316,195 (216,885) 99,310
29	Total - State Retirement System 11,782,495 951,060 12,733,555
30	Unclaimed Property
31	Restricted Receipts 22,350,267 (338,791) 22,011,476
32	Total – Unclaimed Property 22,350,267 (338,791) 22,011,476
33	Crime Victim Compensation Program
34	General Revenues 226,454 (1,745) 224,709
	LC004502 - Page 138 of 316
1	Federal Funds 624,704 87,267 711,971
2	Restricted Receipts 1,130,908 (455) 1,130,453
3	Total - Crime Victim Compensation Program 1,982,066 85,067 2,067,133
4	Grand Total – General Revenues 2,420,250 (12,608) 2,407,642
5	Grand Total – General Treasurer 39,094,693 797,751 39,892,444
6	Board of Elections
7	General Revenues 1,818,305 (20,437) 1,797,868
8	Grand Total - Board of Elections 1,818,305 (20,437) 1,797,868
9	Rhode Island Ethics Commission
10	General Revenues 1,644,876 (33,757) 1,611,119
11	Grand Total - Rhode Island Ethics
12	Commission 1,644,876 (33,757) 1,611,119
13	Office of Governor
14	General Revenues
15	General Revenues 4,653,467 75,322 4,728,789
16	Contingency Fund 250,000 160,800 410,800
17	Grand Total – Office of Governor 4,903,467 236,122 5,139,589
18	Commission for Human Rights
19	General Revenues 1,252,174 (8,282) 1,243,892
20	Federal Funds 295,836 15,038 310,874
21	Grand Total - Commission for Human Rights 1,548,010 6,756 1,554,766
22	Public Utilities Commission
23	Federal Funds 90,000 0 90,000
24	Restricted Receipts 8,594,685 (12,336) 8,582,349
25	Grand Total - Public Utilities Commission 8,684,685 (12,336) 8,672,349
26	Office of Health and Human Services
27	Central Management
28	General Revenues 25,831,585 10,766,970 36,598,555
29	Federal Funds
30	Federal Funds 93,178,746 74,715,518 167,894,264
31	Federal Funds – Stimulus 105,512 (5,427) 100,085
32	Restricted Receipts 5,122,130 (491,718) 4,630,412
33	Total – Central Management 124,237,973 84,985,343 209,223,316
34	Medical Assistance
	LC004502 - Page 139 of 316
1	General Revenues
2	Managed Care 289,075,534 (1,556,801) 287,518,733
3	Hospitals 109,655,465 (2,786,194) 106,869,271
4	Nursing Facilities 89,819,569 1,442,591 91,262,160
5	Home and Community Based Services 36,301,784 (1,476,104) 34,825,680
6	Other Services 40,661,162 (4,318,498) 36,342,664
7	Of this appropriation, $496,800 shall be used for cortical integrative therapy services.
8	Pharmacy 55,060,232 (796,222) 54,264,010
9	Rhody Health 263,528,734 14,811,973 278,340,707
10	General Revenue Total 884,102,480 5,320,745 889,423,225
11	Federal Funds
12	Managed Care 323,366,137 (2,720,408) 320,645,729
13	, Hospitals 110,175,915 (2,827,094) 107,348,821
14	Nursing Facilities 90,976,665 1,461,175 92,437,840
15	Home and Community Based Services 36,769,439 (1,495,119) 35,274,320
16	Other Services 523,288,344 (22,448,573) 500,839,771
17	Pharmacy (408,865) (96,405) (502,270)
18	Rhody Health 265,780,865 13,478,428 279,259,293
19	Special Education 19,000,000 0 19,000,000
20	Federal Funds Total 1,368,948,500 (14,647,996) 1,354,300,504
21	Restricted Receipts 10,615,000 0 10,615,000
22	Total - Medical Assistance 2,263,665,980 (9,327,251) 2,254,338,729
23	Grand Total – General Revenues 909,934,065 16,087,715 926,021,780
24	Grand Total – Office of Health and 2,387,903,953 75,658,092 2,463,562,045
25	Human Services
26	Children, Youth, and Families
27	Central Management
28	General Revenues 5,575,757 613,269 6,189,026
29	Federal Funds 2,288,363 289,871 2,578,234
30	Total - Central Management 7,864,120 903,140 8,767,260
31	Children's Behavioral Health Services
32	General Revenues 4,593,903 406,560 5,000,463
33	Federal Funds 5,700,246 (512,013) 5,188,233
34	Other Funds
	LC004502 - Page 140 of 316
1	Rhode Island Capital Plan Funds
2	NAFI Center 0 132,857 1 32,857
3	Mt. Hope – Fire Towers 0 137,500 137,500
4	Various Repairs and Improvements to
5	Training School 1,113,586 (363,586) 750,000
6	Other Funds Total 1,113,586 (93,229) 1,020,357
7	Total - Children's Behavioral Health 11,407,735 (198,682) 11,209,053
8	Services
9	Juvenile Correctional Services
10	General Revenues 25,591,602 (491,712) 25,096,890
11	Federal Funds 276,098 1,387 277,485
12	Other Funds
13	Rhode Island Capital Plan Funds
14	Thomas C. Slater Trng School
15	Maintenance Building 535,000 0 535,000
16	Generators-RITS 0 427,000 427,000
17	Other Funds Total 535,000 427,000 962,000
18	Total - Juvenile Correctional Services 26,402,700 (66,325) 26,336,375
19	Child Welfare
20	General Revenues 116,626,469 1,669,474 118,295,943
21	Federal Funds
22	Federal Funds 50,228,443 3,055,186 53,283,629
23	Federal Funds – Stimulus 433,976 (52,560) 381,416
24	Federal Funds Total 50,662,419 3,002,626 53,665,045
25	Restricted Receipts 2,838,967 861,396 3,700,363
26	Other Funds
27	Rhode Island Capital Plan Funds
28	Fire Code Upgrades 590,000 0 590,000
29	Total - Child Welfare 170,717,855 5,533,496 176,251,351
30	Higher Education Incentive Grants
31	General Revenues 200,000 0 200,000
32	Total – Higher Education Incentive Grants 200,000 0 200,000
33	Grand Total – General Revenues 152,587,731 2,194,591 154,782,322
34	Grand Total - Children, Youth,
	LC004502 - Page 141 of 316
1	and Families 216,592,410 6,171,629 222,764,039
2	Health
3	Central Management
4	General Revenues 319,445 0 319,445
5	Federal Funds 6,513,489 1,425,980 7,939,469
6	Restricted Receipts 4,472,766 (225,017) 4,247,749
7	Total - Central Management 11,305,700 1,200,963 12,506,663
8	State Medical Examiner
9	General Revenues 2,774,940 (19,312) 2,755,628
10	Federal Funds 138,641 9,783 148,424
11	Total - State Medical Examiner 2,913,581 (9,529) 2,904,052
12	Environmental and Health Services Regulation
13	General Revenues 9,559,707 458,150 10,017,857
14	Federal Funds 8,148,952 (1,489,563) 6,659,389
15	Restricted Receipts 820,714 288,547 1,109,261
16	Total - Environmental and Health Services 18,529,373 (742,866) 17,786,507
17	Regulation
18	Health Laboratories
19	General Revenues 7,375,260 (284,941) 7,090,319
20	Federal Funds 1,976,761 172,550 2,149,311
21	Total - Health Laboratories 9,352,021 (112,391) 9,239,630
22	Public Health Information
23	General Revenues 1,556,492 (88,235) 1,468,257
24	Federal Funds 2,326,827 (58,338) 2,268,489
25	Total – Public Health Information 3,883,319 (146,573) 3,736,746
26	Community and Family Health and Equity
27	General Revenues 2,532,862 (25,877) 2,506,985
28	Federal Funds 40,588,026 5,094,678 45,682,704
29	Federal Funds - Stimulus 930,169 306,199 1,236,368
30	Restricted Receipts 24,520,035 5,440,843 29,960,878
31	Total – Community and Family Health
32	and Equity 68,571,092 10,815,843 79,386,935
33	Infectious Disease and Epidemiology
34	General Revenues 1,717,250 (156,541) 1,560,709
	LC004502 - Page 142 of 316
1	Federal Funds 5,129,569 (1,142,810) 3,986,759
2	Total – Infectious Disease and Epidemiology 6,846,819 (1,299,351) 5,547,468
3	Grand Total – General Revenues 25,835,956 (116,756) 25,719,200
4	Grand Total – Health 121,401,905 9,706,096 131,108,001
5	Human Services
6	Central Management
7	General Revenues 5,412,814 (336,243) 5,076,571
8	Federal Funds 4,180,956 (167,615) 4,013,341
9	Restricted Receipts 520,231 2,844 523,075
10	Total - Central Management 10,114,001 (501,014) 9,612,987
11	Child Support Enforcement
12	General Revenues 2,996,584 (45,901) 2,950,683
13	Federal Funds 6,645,827 199,014 6,844,841
14	Total – Child Support Enforcement 9,642,411 153,113 9,795,524
15	Individual and Family Support
16	General Revenues 22,970,906 (1,090,399) 21,880,507
17	Federal Funds 121,456,115 14,774,727 136,230,842
18	Federal Funds – Stimulus 6,222,500 2,707,454 8,929,954
19	Federal Funds Total 127,678,615 17,482,181 145,160,796
20	Restricted Receipts 737,279 (184,517) 552,762
21	Other Funds
22	Rhode Island Capital Plan Fund
23	Blind Vending Facilities 165,000 35,000 200,000
24	Intermodal Surface Transportation Fund 4,428,478 0 4,428,478
25	Food Stamp Bonus Funding 0 500,000 500,000
26	Other Funds Total 4,593,478 535,000 5,128,478
27	Total - Individual and Family Support 155,980,278 16,742,265 172,722,543
28	Veterans' Affairs
29	General Revenues 20,496,870 (234,985) 20,261,885
30	Federal Funds 8,215,161 628,064 8,843,225
31	Restricted Receipts 681,500 (435,218) 246,282
32	Total - Veterans' Affairs 29,393,531 (42,139) 29,351,392
33	Health Care Eligibility
34	General Revenues 8,071,757 1,784,934 9,856,691
	LC004502 - Page 143 of 316
1	Federal Funds 11,437,561 974,068 12,411,629
2	Total - Health Care Eligibility 19,509,318 2,759,002 22,268,320
3	Supplemental Security Income Program
4	General Revenues 18,706,478 (347,478) 18,359,000
5	Total - Supplemental Security Income
6	Program 18,706,478 (347,478) 18,359,000
7	Rhode Island Works
8	General Revenues 11,368,635 0 11,368,635
9	Federal Funds 79,065,723 (402,339) 78,663,384
10	Total – Rhode Island Works 90,434,358 (402,339) 90,032,019
11	State Funded Programs
12	General Revenues 1,658,880 (88,980) 1,569,900
13	Of this appropriation, $210,000 shall be used for hardship contingency payments.
14	Federal Funds 268,085,000 14,000,000 282,085,000
15	Total - State Funded Programs 269,743,880 13,911,020 283,654,900
16	Elderly Affairs
17	General Revenues
18	Program Services 6,587,459 (184,561) 6,402,898
19	Care and Safety of the Elderly 1,300 0 1,300
20	General Funds Total 6,588,759 (184,561) 6,404,198
21	Federal Funds 12,153,465 (321,087) 11,832,378
22	Restricted Receipts 137,026 (90,664) 46,362
23	Total – Elderly Affairs 18,879,250 (596,312) 18,282,938
24	Grand Total – General Revenues 98,271,683 (543,613) 97,728,070
25	Grand Total - Human Services 622,403,505 31,676,118 654,079,623
26	Behavioral Healthcare, Developmental Disabilities, and Hospitals
27	Central Management
28	General Revenues 1,015,570 29,584 1,045,154
29	Federal Funds 600,382 (608) 599,774
30	Total - Central Management 1,615,952 28,976 1,644,928
31	Hospital and Community System Support
32	General Revenues 1,468,050 (191,468) 1,276,582
33	Federal Funds 0 763,155 763,155
34	Restricted Receipts 762,813 (762,813) 0
	LC004502 - Page 144 of 316
1	Other Funds
2	Rhode Island Capital Plan Funds
3	Medical Center Rehabilitation 150,000 100,000 250,000
4	Community Facilities Fire Code 400,000 (23,860) 376,140
5	Other Funds Total 550,000 76,140 626,140
6	Total - Hospital and Community System
7	Support 2,780,863 (114,986) 2,665,877
8	Services for the Developmentally Disabled
9	General Revenues 114,123,111 2,512,899 116,636,010
10	Federal Funds 113,792,233 4,130,630 117,922,863
11	Restricted Receipts 1,759,132 (32) 1,759,100
12	Other Funds
13	Rhode Island Capital Plan Funds
14	DD Private Waiver 300,000 0 300,000
15	Regional Center Repair/Rehabilitation 400,000 26,884 426,884
16	MR Community Facilities/Access to Ind. 500,000 203,088 703,088
17	Other Funds Total 1,200,000 229,972 1,429,972
18	Total - Services for the Developmentally
19	Disabled 230,874,476 6,873,469 237,747,945
20	Behavioral Healthcare Services
21	General Revenues 2,368,459 92,619 2,461,078
22	Federal Funds
23	Federal Funds 14,572,783 2,519,857 17,092,640
24	Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse Task
25	Forces and $128,000 shall be expended on NAMI of RI.
26	Municipal Substance Abuse Task Force 900,000 (900,000) 0
27	NAMI of RI 128,000 (128,000) 0
28	Federal Funds Total 15,600,783 1,491,857 17,092,640
29	Restricted Receipts 100,000 0 100,000
30	Other Funds
31	Rhode Island Capital Plan Funds
32	MH Community Facilities Repair 400,000 50,000 450,000
33	MH Housing Development Thresholds 800,000 0 800,000
34	Substance Abuse Asset Production
	LC004502 - Page 145 of 316
1	Protection 100,000 19,359 119,359
2	Other Funds Total 1,300,000 69,359 1,369,359
3	Total – Behavioral Healthcare Services 19,369,242 1,653,835 21,023,077
4	Hospital and Community Rehabilitative Services
5	General Revenues 53,513,521 (471,054) 53,042,467
6	Federal Funds 52,611,788 418,191 53,029,979
7	Restricted Receipts 6,558,852 (52,195) 6,506,657
8	Other Funds
9	Rhode Island Capital Plan Funds
10	Zambarano Buildings and Utilities 346,000 54,000 400,000
11	BHDDH Administrative Buildings 2,000,000 482,057 2,482,057
12	MR Community Facilities 975,000 25,000 1,000,000
13	Hospital Equipment 300,000 0 300,000
14	Other Funds Total 3,621,000 561,057 4,182,057
15	Total Hospital and Community
16	Rehabilitative Services 116,305,161 455,999 116,761,160
17	Grand Total – General Revenues 172,488,711 1,972,580 174,461,291
18	Grand Total – Behavioral Healthcare,
19	Developmental Disabilities, and Hospitals 370,945,694 8,897,293 379,842,987
20	Office of the Child Advocate
21	General Revenues 672,273 (2,856) 669,417
22	Federal Funds 45,000 0 45,000
23	Grand Total – Office of the Child
24	Advocate 717,273 (2,856) 714,417
25	Commission on the Deaf and Hard of Hearing
26	General Revenues 411,883 (2,843) 409,040
27	Restricted Receipts 80,000 50,000 130,000
28	Grand Total – Com on Deaf and Hard of
29	Hearing 491,883 47,157 539,040
30	Governor's Commission on Disabilities
31	General Revenues 383,056 (1,166) 381,890
32	Federal Funds 35,459 (14,278) 21,181
33	Restricted Receipts 10,009 22,881 32,890
34	Grand Total - Governor's Commission on
	LC004502 - Page 146 of 316
1	Disabilities 428,524 7,437 435,961
2	Office of the Mental Health Advocate
3	General Revenues 508,251 41,168 549,419
4	Grand Total - Office of the Mental
5	Health Advocate 508,251 41,168 549,419
6	Elementary and Secondary Education
7	Administration of the Comprehensive Education Strategy
8	General Revenues 20,661,893 (131,553) 20,530,340
9	Federal Funds
10	Federal Funds 196,281,901 4,409,503 200,691,404
11	Federal Funds – Stimulus 5,990,558 2,667,462 8,658,020
12	RTTT LEA Share 100,000 (100,000) 0
13	Federal Funds Total 202,372,459 6,976,965 209,349,424
14	Restricted Receipts
15	Restricted Receipts 1,082,319 134,750 1,217,069
16	HRIC Adult Education Grants 3,500,000 0 3,500,000
17	Restricted Receipts Total 4,582,319 134,750 4,717,069
18	Other Funds
19	Rhode Island Capital Plan Funds
20	State-Owned Warwick 1,000,000 800,000 1,800,000
21	State-Owned Woonsocket 1,000,000 200,000 1,200,000
22	Other Funds Total 2,000,000 1,000,000 3,000,000
23	Total – Administration of the Comprehensive
24	Education Strategy 229,616,671 7,980,162 237,596,833
25	Davies Career and Technical School
26	General Revenues 11,640,152 0 11,640,152
27	Federal Funds 1,330,141 89,551 1,419,692
28	Restricted Receipts 4,281,107 74,237 4,355,344
29	Other Funds
30	Rhode Island Capital Plan Funds
31	Davies HVAC 895,000 (395,000) 500,000
32	Davies Asset Protection 770,000 0 770,000
33	Other Funds Total 1,665,000 (395,000) 1,270,000
34	Total - Davies Career and Technical
	LC004502 - Page 147 of 316
1	School 18,916,400 (231,212) 18,685,188
2	RI School for the Deaf
3	General Revenues 6,279,590 (31,025) 6,248,565
4	Federal Funds 259,714 (5,394) 254,320
5	Restricted Receipts 785,791 0 785,791
6	RI School for the Deaf
7	Transformation Grants 59,000 0 59,000
8	Total - RI School for the Deaf 7,384,095 (36,419) 7,347,676
9	Metropolitan Career and Technical School
10	General Revenues 9,864,425 0 9,864,425
11	Other Funds
12	Rhode Island Capital Plan Funds
13	MET Asset Protection 100,000 0 100,000
14	MET School HVAC 3,736,370 53,694 3,790,064
15	Other Funds Total 3,836,370 53,694 3,890,064
16	Total – Metropolitan Career and
17	Technical School 13,700,795 53,694 13,754,489
18	Education Aid
19	General Revenues 796,039,977 (12,465) 796,027,512
20	Restricted Receipts 19,299,709 1,413,857 20,713,566
21	Other Funds
22	Permanent School Fund Education Aid 300,000 (300,000) 0
23	Other Funds Total 300,000 (300,000) 0
24	Total – Education Aid 815,639,686 1,101,392 816,714,078
25	Central Falls School District
26	General Revenues 39,520,102 0 39,520,102
27	Total – Central Falls School District 39,520,102 0 39,520,102
28	School Construction Aid
29	General Revenues
30	School Housing Aid 70,907,110 0 70,907,110
31	School Building Authority Capital
32	Fund 20,000,000 0 20,000,000
33	Total – School Construction Aid 90,907,110 0 90,907,110
34	Teachers' Retirement
	LC004502 - Page 148 of 316
1	General Revenues 92,805,836 0 92,805,836
2	Total – Teachers’ Retirement 92,805,836 0 92,805,836
3	Grand Total – General Revenues 1,067,719,085 (175,043) 1,067,544,042
4	Grand Total - Elementary and Secondary
5	Education 1,308,490,695 8,867,617 1,317,358,312
6	Public Higher Education
7	Office of Postsecondary Commissioner
8	General Revenues 5,815,323 (11,505) 5,803,818
9	Federal Funds
10	Federal Funds 10,149,301 341,882 10,491,183
11	WaytogoRI Portal 943,243 0 943,243
12	Guaranty Agency Operating Fund
13	Scholarships and Grants 4,000,000 0 4,000,000
14	Federal Funds Total 15,092,544 341,882 15,434,426
15	Other Funds
16	Tuition Savings Program – Dual Enrollment 1,300,000 0 1,300,000
17	Tuitions Savings Program – Scholarship/
18	Grants 6,095,000 0 6,095,000
19	Total Other Funds 7,395,000 0 7,395,000
20	Total – Office of the Postsecondary Commissioner 28,302,867 330,377 28,633,244
21	University of Rhode Island
22	General Revenues
23	General Revenues 71,385,336 (231,401) 71,153,935
24	The University shall not decrease internal student financial aid in the 2015 – 2016
25	academic year below the level of the 2014 – 2015 academic year. The President of the institution
26	shall report, prior to the commencement of the 2015-2016 academic year, to the chair of the
27	Council of Postsecondary Education that such tuition changes and student aid levels have been
28	achieved at the start of the FY 2016 as prescribed above.
29	Debt Service 18,186,018 (9,684,183) 8,501,835
30	RI State Forensics Lab 1,072,892 (5,535) 1,067,357
31	General Revenue Total 90,644,246 (9,921,119) 80,723,127
32	Other Funds
33	University and College Funds 591,203,000 40,362,648 631,565,648
34	Debt – Dining Services 1,113,621 (3,082) 1,110,539
	LC004502 - Page 149 of 316
1	Debt – Education and General 3,599,062 (4,758) 3,594,304
2	Debt – Health Services 136,256 10,000 146,256
3	Debt – Housing Loan Funds 10,607,660 1,788 10,609,448
4	Debt – Memorial Union 324,358 (5,403) 318,955
5	Debt – Ryan Center 2,793,305 (1,000) 2,792,305
6	Debt – Alton Jones Services 103,119 0 103,119
7	Debt - Parking Authority 1,029,157 8,953 1,038,110
8	Debt – Sponsored Research 90,278 (500) 89,778
9	Debt – Energy Conservation 1,709,986 0 1,709,986
10	Debt – Restricted Energy Conservation 810,170 1 0 810,180
11	Rhode Island Capital Asset Plan Funds
12	Asset Protection 7,686,900 0 7,686,900
13	Fire and Safety Protection 3,221,312 2,258,882 5,480,194
14	Electrical Substation 1,200,000 3,026,671 4,226,671
15	New Chemistry Building 4,000,000 0 4,000,000
16	URI/RIC Nursing Education Center 400,000 294,045694,045
17	URI Bio-Tech Building 0 181,10 181,100
18	White Hall Renovations 0 534,394 534,394
19	Other Funds Total 630,028,184 46,663,748 676,691,932
20	Total – University of Rhode
21	Island 720,672,430 36,742,629 757,415,059
22	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
23	unencumbered balances as of June 30, 2016 relating to the University of Rhode Island are hereby
24	reappropriated to fiscal year 2017.
25	Rhode Island College
26	General Revenues
27	General Revenues 44,988,362 (197,668) 44,790,694
28	Rhode Island College shall maintain tuition charges in the 2015 – 2016 academic
29	year at the same level as the 2014 – 2015 academic year. The President of the institution shall
30	report, prior to the commencement of the 2015 – 2016 academic year, to the chair of the Council
31	of Postsecondary Education that such tuition charges and student aid levels have been achieved at
32	the start of FY 2016 as prescribed above.
33	Debt Service 5,214,649 (3,809,446) 1,405,203
34	General Funds Total 50,203,011 (4,007,114) 46,195,897
	LC004502 - Page 150 of 316
1	Other Funds
2	University and College Funds 118,566,770 763,908 1 19,330,678
3	Debt – Education and General 879,147 (10) 879,137
4	Debt – Housing 2,013,281 (1,644,459) 368,822
5	Debt – Student Center and Dining 154,330 0 154,330
6	Debt – Student Union 235,481 0 235,481
7	Debt – G.O. Debt Service 1,644,459 0 1,644,459
8	Debt – Energy Conservation 256,275 (128,137) 128,138
9	Rhode Island Capital Plan Funds
10	Asset Protection 3,080,400 2,189,496 5,269,896
11	Infrastructure Modernization 2,000,000 1,132,574 3,132,574
12	Other Funds Total 128,830,143 2,313,372 131,143,515
13	Total – Rhode Island College 179,033,154 (1,693,742) 177,339,412
14	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
15	unencumbered balances as of June 30, 2016 relating to Rhode Island College are hereby
16	reappropriated to fiscal year 2017.
17	Community College of Rhode Island
18	General Revenues
19	General Revenues 47,965,855 (243,857) 47,721,998
20	The Community College of Rhode Island College shall maintain tuition charges in the
21	2014 – 2015 academic year at the same level as the 2015 – 2016 academic year. The President of
22	the institution shall report, prior to the commencement of the 2015 – 2016 academic year, to the
23	chair of the Rhode Island Board of Education that such tuition charges and student aid levels have
24	been achieved at the start of FY 2016 as prescribed above.
25	Debt Service 1,676,521 (1,138,284) 538,237
26	General Revenue Total 49,642,376 (1,382,141) 48,260,235
27	Restricted Receipts 653,200 0 653,200
28	Other Funds
29	University and College Funds 106,862,884 (1,346,292) 105,516,592
30	CCRI Debt Service – Energy Conservation 808,425 0 808,425
31	Rhode Island Capital Plan Funds
32	Asset Protection 2,184,100 0 2,184,100
33	Knight Campus Renewal 2,000,000 198,918 2,198,918
34	Other Funds Total 111,855,409 (1,147,374) 110,708,035
	LC004502 - Page 151 of 316
1	Total – Community College of RI 162,150,985 (2,529,515) 159,621,470
2	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
3	unencumbered balances as of June 30, 2016 relating to the Community College of Rhode Island
4	are hereby reappropriated to fiscal year 2017.
5	Grand Total – General Revenue 196,304,956 15,321,879 180,983077
6	Grand Total – Public Higher
7	Education 1,090,159,436 32,849,749 1,123,009,185
8	RI State Council on the Arts
9	General Revenues
10	Operating Support 778,478 (3,274) 775,204
11	Grants 1,084,574 0 1,084,574
12	General Revenue Total 1,863,052 (3,274) 1,859,778
13	Federal Funds 775,353 (1,057) 74,296
14	Other Funds
15	Arts for Public Facilities 1,398,293 (492,993) 905,300
16	Grand Total - RI State Council on the Arts 4,036,698 (497,324) 3,539,374
17	RI Atomic Energy Commission
18	General Revenues 957,170 (20,720) 936,450
19	Federal Funds 54,699 270,856 325,555
20	Other Funds
21	URI Sponsored Research 275,300 (12,146) 263,154
22	Rhode Island Capital Plan Funds
23	RINSC Asset Protection 50,000 28,931 78,931
24	Other Funds Total 325,300 16,785 342,085
25	Grand Total - RI Atomic Energy Commission 1,337,169 266,921 1,604,090
26	RI Historical Preservation and Heritage Commission
27	General Revenues 1,380,972 49,991 1,430,963
28	Federal Funds 2,075,393 (69,641) 2,005,752
29	Restricted Receipts 428,630 (1,455) 427,175
30	Other Funds
31	RIDOT – Project Review 71,708 3,659 75,367
32	Eisenhower House 0 125,000 125,000
33	Grand Total – RI Historical Preservation
34	and Heritage Commission 3,956,703 107,554 4,064,257
	LC004502 - Page 152 of 316
1	Attorney General
2	Criminal
3	General Revenues 15,461,041 (168,376) 15,292,665
4	Federal Funds 1,291,777 2,457,535 3,749,312
5	Restricted Receipts 6,353,595 (694,409) 5,659,186
6	Total – Criminal 23,106,413 1,594,750 24,701,163
7	Civil
8	General Revenues 5,285,996 (179,386) 5,106,610
9	Restricted Receipts 896,735 (2,841) 893,894
10	Total – Civil 6,182,731 (182,227) 6,000,504
11	Bureau of Criminal Identification
12	General Revenues 1,591,162 116,669 1,707,831
13	Total – Bureau of Criminal Identification 1,591,162 116,669 1,707,831
14	General
15	General Revenues 2,855,011 160,293 3,015,304
16	Other Funds
17	Rhode Island Capital Plan Fund
18	Building Renovations and Repairs 300,000 0 300,000
19	Total – General 3,155,011 160,293 3,315,304
20	Grand Total – General Revenues 25,193,210 (70,800) 25,122,410
21	Grand Total - Attorney General 34,035,317 1,689,485 35,724,802
22	Corrections
23	Central Management
24	General Revenues 8,958,836 296,345 9,255,181
25	Federal Funds 118,361 228,692 347,053
26	Restricted Receipts 0 206,690 206,690
27	Total – Central Management 9,077,197 731,727 9,808,924
28	Parole Board
29	General Revenues 1,345,685 45,924 1,391,609
30	Federal Funds 38,000 12,243 50,243
31	Total – Parole Board 1,383,685 58,167 1,441,852
32	Custody and Security
33	General Revenues 127,071,484 3,638,774 130,710,258
34	Federal Funds 571,986 19,773591,759
	LC004502 - Page 153 of 316
1	Total – Custody and Security 127,643,470 3,658,547 131,302,017
2	Institutional Support
3	General Revenues 16,595,667 (1,115,206) 15,480,461
4	Other Funds
5	Rhode Island Capital Plan Fund
6	Asset Protection 3,750,000 1,250,000 5,000,000
7	Maximum – General Renovations 900,000 100,000 1,000,000
8	General Renovations Women’s 416,000 123,963 539,963
9	Bernadette Guay Roof 500,000 211,000 711,000
10	ISC Exterior Envelope and HVAC 800,000 137,739 937,739
11	Minimum Security Kitchen Expansion 1,100,000 (1,110,000) 0
12	Medium Infrastructure 1,500,000 800,000 2,300,000
13	Women’s Bath Renovations 0 686,925 686,925
14	New Gloria McDonald Building 450,000 (450,000) 0
15	Other Funds Total 9,416,000 1,759,627 11,175,627
16	Total - Institutional Support 26,011,667 644,421 26,656,088
17	Institutional Based Rehab./Population Management
18	General Revenues 9,524,559 83,135 9,607,694
19	Federal Funds 552,034 282,500 834,534
20	Restricted Receipts 29,464 14,108 43,572
21	Total – Institutional Based Rehab/Pop/Mgt. 10,106,057 379,743 10,485,800
22	Healthcare Services
23	General Revenue 20,771,182 1,391,537 22,162,719
24	Total – Healthcare Services 20,771,182 1,391,537 22,162,719
25	Community Corrections
26	General Revenues 15,957,837 (170,836) 15,787,001
27	Federal Funds 57,000 5,348 62,348
28	Restricted Receipts 17,594 1,758 19,352
29	Total – Community Corrections 16,032,431 (163,730) 15,868,701
30	Grand Total - General Revenues 200,225,250 4,169,673 204,394,923
31	Grand Total – Corrections 211,025,689 6,700,412 217,726,101
32	Judiciary
33	Supreme Court
34	General Revenues
	LC004502 - Page 154 of 316
1	General Revenues 27,107,017 1,023,779 28,130,796
2	Provided however, that no more than $932,340 in combined total shall be offset to the Public
3	Defender’s Office, the Attorney General’s Office, the Department of Corrections, the Department
4	of Children Youth and Families, and the Department of Public Safety for square-footage
5	occupancy costs in public courthouses.
6	Defense of Indigents 3,542,240 0 3,542,240
7	General Funds Total 30,649,257 1,023,779 31,673,036
8	Federal Funds 123,289 3,642 126,931
9	Restricted Receipts 3,103,886 114 3,104,000
10	Other Funds
11	Rhode Island Capital Plan Fund
12	Judicial HVAC 900,000 63,038 963,038
13	Judicial Complexes Asset Protection 850,000 23,197 873,197
14	Licht Judicial Complex Restoration 750,000 0 750,000
15	Noel Shelled Courtroom Build Out 3,000,000 0 3,000,000
16	Other Funds Total 5,500,000 86,235 5,586,235
17	Total - Supreme Court 39,376,432 1,113,770 40,490,202
18	Judicial Tenure and Discipline
19	General Revenues 121,527 (65) 121,462
20	Total – Judicial Tenure and Discipline 121,527 (65) 121,462
21	Superior Court
22	General Revenues 23,209,940 (177,693) 23,032,247
23	Federal Funds 50,406 67,880 18,286
24	Restricted Receipts 300,000 0 300,000
25	Total - Superior Court 23,560,346 (109,813) 23,450,533
26	Family Court
27	General Revenues 20,918,555 (425,453) 20,493,102
28	Federal Funds 3,014,025 (39,810) 2,974,215
29	Total - Family Court 23,932,580 (465,263) 23,467,317
30	District Court
31	General Revenues 12,589,546 (728,242) 11,816,304
32	Federal Funds 243,416 (70,761) 172,655
33	Restricted Receipts 169,251 (13,617) 155,634
34	Total - District Court 13,002,213 (812,620) 12,189,593
	LC004502 - Page 155 of 316
1	Traffic Tribunal
2	General Revenues 8,542,221 (142,255) 8,399,966
3	Total – Traffic Tribunal 8,542,221 (142,225) 8,399,966
4	Workers' Compensation Court
5	Restricted Receipts 7,763,807 89,247 7,853,054
6	Total – Workers’ Compensation Court 7,763,807 89,247 7,853,054
7	Grand Total – General Revenues 96,031,046 (449,929) 95,581,117
8	Grand Total – Judiciary 116,299,126 (326,999) 115,972,127
9	Military Staff
10	General Revenues 2,065,434 297,974 2,363,408
11	Federal Funds 15,361,864 (725,283) 14,636,581
12	Restricted Receipts
13	RI Military Relief Fund 300,000 0 300,000
14	Counter Drug Asset Forfeiture 23,300 64,000 87,300
15	Other Funds
16	Rhode Island Capital Plan Fund
17	Armory of Mounted Command Roof Rplmnt 357,500 (107,500) 250,000
18	Asset Protection 700,000 (109,488) 590,512Benefit Street
19	Arsenal Rehabilitation 0 773,423 773,423
20	Burrillville Regional Training Institute 0 22,150 22,150
21	Joint Force Headquarters Building 600,000 0 600,000
22	Other Funds Total 1,657,500 578,585 2,236,085
23	Grand Total – Military Staff 19,408,098 215,276 19,623,374
24	Emergency Management
25	General Revenues 1,766,002 (3,549) 1,762,453
26	Federal Funds 16,551,541 9,682,187 26,233,728
27	Restricted Receipts 220,375 81,485 301,860
28	Other Funds
29	Rhode Island Capital Plan Fund
30	Hurricane Sandy Cleanup 0 232,075 232,075
31	Other Funds Total 0 232,075 232.075
32	Grand Total – Emergency Management 18,537,918 9,992,198 28,530,116
33	Public Safety
34	Central Management
	LC004502 - Page 156 of 316
1	General Revenues 1,325,286 (21,100) 1,304,186
2	Federal Funds 3,770,143 1,499,373 5,269,516
3	Total – Central Management 5,095,429 1,478,273 6,573,702
4	E-911 Emergency Telephone System
5	General Revenues 5,377,414 121,626 5,499,040
6	Total - E-911 Emergency Telephone System 5,377,414 121,626 5,499,040
7	State Fire Marshal
8	General Revenues 3,250,543 (135,145) 3,115,398
9	Federal Funds 396,095 321,106 717,201
10	Restricted Receipts 188,838 97,834 286,672
11	Other Funds
12	Rhode Island Capital Plan Funds
13	Fire Academy 2,000,000 874,614 2,874,614
14	Quonset Development Corp 60,541 699 61,240
15	Other Funds Total 2,060,541 875,313 2,935,854
16	Total - State Fire Marshal 5,896,017 1,159,108 7,055,125
17	Security Services
18	General Revenues 22,680,304 (17,821) 22,662,483
19	Federal Funds 0 21,000 21,000
20	Total – Security Services 22,680,304 3,179 22,683,483
21	Municipal Police Training Academy
22	General Revenues 254,667 716 255,383
23	Federal Funds 165,754 52,381 218,135
24	Total - Municipal Police Training Academy 420,421 53,097 473,518
25	State Police
26	General Revenues 64,172,279 (3,751,495) 60,420,784
27	Federal Funds 2,432,080 1,435,195 3,867,275
28	Restricted Receipts 10,987,508 219,062 11,206,570
29	Other Funds
30	Rhode Island Capital Plan Fund
31	Barracks and Training 0 400,000 400,000
32	Consolidated Training Academy 1,250,000 (1,250,000) 0
33	DPS Asset Protection 250,000 0 250,000
34	Barrack Renovation 400,000 379,885 779,885
	LC004502 - Page 157 of 316
1	State Police Reimbursement from Agencies 0 226,908 226,908
2	Airport Corporation Assistance 377,148 (162,285) 21,863
3	Lottery Commission Assistance 1,450,696 (159,692) 1,291,004Road
4	Construction Reimbursement 2,936,120 (1,448) 2,934,672
5	Other Funds Total 6,663,964 (566,632) 6,097,332
6	Total - State Police 84,255,831 (2,663,870) 81,591,961
7	Grand Total – General Revenues 97,060,493 (3,803,219) 93,257,274
8	Grand Total – Public Safety 123,725,416 151,413 123,876,829
9	Office of Public Defender
10	General Revenues 11,621,977 (118,269) 11,503,708
11	Federal Funds 78,370 34,450 112,820
12	Grand Total - Office of Public Defender 11,700,347 (83,819) 11,616,528
13	Environmental Management
14	Office of the Director
15	General Revenues
16	General Revenues 5,162,770 65,185 5,227,955
17	Federal Funds 150,000 0 150,000
18	Restricted Receipts 3,100,511 1,251,965 4,352,476
19	Total – Office of the Director 8,413,281 1,317,150 9,730,431
20	Natural Resources
21	General Revenues 20,671,723 756,814 21,428,537
22	Federal Funds 19,131,833 2,152,168 21,284,001
23	Restricted Receipts 6,360,768 (182,604) 6,178,164
24	Other Funds
25	DOT Recreational Projects 181,649 0 181,649
26	Blackstone Bikepath Design 2,059,579 0 2,059,579
27	Transportation MOU 78,350 0 78,350
28	Rhode Island Capital Plan Funds
29	Dam Repair 750,000 0 750,000
30	Fort Adams Rehabilitation 125,000 80,626 205,626
31	Fort Adams America’s Cup 1,400,000 (1,274,434) 125,566
32	Recreational Facilities Improvements 4,991,000 0 4,991,000
33	Galilee Piers Upgrade 400,000 0 400,000
34	Newport Piers 137,500 (137,500) 0
	LC004502 - Page 158 of 316
1	World War II Facility 770,000 828,971 1,598,971
2	Blackstone Valley Bike Path 198,410 (100,000) 98,410
3	Marine Infrastructure/Pier Development 100,000 0 100,000
4	Rocky Point Acquisition/Renovations 200,000 76,562 276,562
5	Natural Resources Offices/Visitor’s Center 2,500,000 0 2,500,000
6	Other Funds Total 13,891,488 (525,775) 13,365,713
7	Total - Natural Resources 60,055,812 2,200,603 62,256,415
8	Environmental Protection
9	General Revenues 11,751,892 16,690 11,768,582
10	Federal Funds 10,025,644 (82,846) 9,942,798
11	Restricted Receipts 8,893,258 38,149 8,931,407
12	Other Funds
13	Transportation MOU 164,734 0 164,734
14	Total - Environmental Protection 30,835,528 (28,007) 30,807,521
15	Grand Total – General Revenue 37,586,385 838,689 38,425,074
16	Grand Total - Environmental Management 99,304,621 3,489,746 102,794,367
17	Coastal Resources Management Council
18	General Revenues 2,433,260 (11,405) 2,421,855
19	Federal Funds 2,614,348 1,605,806 4,220,154
20	Restricted Receipts 250,000 0 250,000
21	Other Funds
22	Rhode Island Capital Plan Funds
23	South Coast Restoration Project 321,775 0 321,775
24	Shoreline Change Beach SAMP 50,000 (48,374) 1,626
25	Total Other Funds 371,775 (48,374) 323,401
26	Grand Total - Coastal Resources Mgmt.
27	Council 5,669,383 1,546,027 7,215,410
28	Transportation
29	Central Management
30	Federal Funds 8,540,000 312,846 8,852,846
31	Other Funds
32	Gasoline Tax 2,182,215 1,600,429 3,782,644
33	Total – Central Management 10,722,215 1,913,275 12,635,490
34	Management and Budget
	LC004502 - Page 159 of 316
1	Other Funds
2	Gasoline Tax 4,530,251 (835,167) 3,695,084
3	Total – Management and Budget 4,530,251 (835,167) 3,695,084
4	Infrastructure Engineering – GARVEE/Motor Fuel Tax Bonds
5	Federal Funds
6	Federal Funds 240,533,185 10,327,879 250,861,064
7	Federal Funds – Stimulus 14,542,237 0 14,542,237
8	Federal Funds Total 255,075,422 10,327,879 265,403,301
9	Restricted Receipts 1,000,000 (840,494) 159,506
10	Other Funds
11	Gasoline Tax 73,801,440 (1,288,814) 72,512,626
12	Land Sale Revenue 10,800,000 (8,300,000) 2,500,000
13	Rhode Island Capital Plan Fund
14	RIPTA Land and Buildings 200,000 0 200,000
15	Highway Improvement Program 34,650,000 8,788,530 43,438,530
16	Other Funds Total 119,451,440 (800,284) 118,651,156
17	Total – Infrastructure Engineering
18	GARVEE/Motor Fuel Tax Bonds 375,526,862 8,687,101 384,213,963
19	Infrastructure Maintenance
20	Other Funds
21	Gasoline Tax 14,127,961 5,659,009 19,786,970
22	Non-Land Surplus Property 10,000 0 10,000
23	Outdoor Advertising 100,000 0 100,000
24	Rhode Island Highway Maintenance Account 54,349,189 4,718,213 59,067,402
25	Rhode Island Capital Plan Fund
26	Maintenance Facilities Improvements 100,000 (100,000) 0
27	Salt Storage Facilities 1,000,000 0 1,000,000
28	Portsmouth Facility 1,000,000 (1,000,000) 0
29	Maintenance-Capital Equip. Replacement 2,000,000 0 2,000,000
30	Train Station Maintenance and Repairs 350,000 0 350,000
31	Other Funds Total 73,037,150 9,277,222 82,314,372
32	Total – Infrastructure Maintenance 73,037,150 9,277,222 82,314,372
33	Grand Total – Transportation 463,816,478 19,042,431 482,858,909
34	Statewide Totals
	LC004502 - Page 160 of 316
1	General Revenues 3,551,988,738 24,521,744 3,576,510,482
2	Federal Funds 2,947,277,640 166,893,122 3,114,170,762
3	Restricted Receipts 245,496,096 43,298,792 288,794,888
4	Other Funds 1,920,676,257 74,994,009 1,995,670,266
5	Statewide Grand Total 8,665,438,731 309,707,667 8,975,146,398
6	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an appropriation.
7	SECTION 3. The general assembly authorizes the state controller to establish the internal service
8	accounts shown below, and no other, to finance and account for the operations of state agencies
9	that provide services to other agencies, institutions and other governmental units on a cost
10	reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in
11	a businesslike manner, promote efficient use of services by making agencies pay the full costs
12	associated with providing the services, and allocate the costs of central administrative services
13	across all fund types, so that federal and other non-general fund programs share in the costs of
14	general government support. The controller is authorized to reimburse these accounts for the cost
15	of work or services performed for any other department or agency subject to the following
16	expenditure limitations:
17	Account FY 2016 FY 2016 FY2016
18	Enacted Change Final
19	State Assessed Fringe Benefit Internal Service
20	Fund 38,930,194 1,825,551 40,775,745
21	Administration Central Utilities Internal Service
22	Fund 17,782,800 (3,089,525) 14,693,275
23	State Central Mail Internal Service Fund 6,203,680 (205,376) 5,998,304
24	State Telecommunications Internal Service Fund
25	4,122,558 (1,122,596) 2,999,962
26	State Automotive Fleet Internal Service Fund 13,830,623 (1,357,701) 12,472,922
27	Surplus Property Internal Service Fund 2,500 0 2,500
28	Health Insurance Internal Service Fund 251,175,719 436,028 251,611,747
29	Other Post-Employment Benefits Fund 64,293,483 (359,000) 63,934,483
30	Capital Police Internal Service Fund 1,252,144 (112,647) 1,139,497
31	Corrections Central Distribution Center Internal
32	Service Fund 6,768,097 172,738 6,940,835
33	Correctional Industries Internal Service Fund 7,228,052 117,339 7,345,391
34	Secretary of State Record Center Internal Service Fund 813,687 82,563 96,250
	LC004502 - Page 161 of 316
1	SECTION 4. Departments and agencies listed below may not exceed the number of full-
2	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
3	not include seasonal or intermittent positions whose scheduled period of employment does not
4	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
5	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
6	individuals engaged in training, the completion of which is a prerequisite of employment.
7	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
8	designee, and the President of the Senate or designee may authorize an adjustment to any
9	limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
10	recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
11	copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
12	the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
13	Senate Fiscal Advisor.
14	State employees whose funding is from non-state general revenue funds that are time limited shall
15	receive limited term appointment with the term limited to the availability of non-state general
16	revenue funding source.
17	FY 2016 FTE POSITION AUTHORIZATION
18	Departments and Agencies Full-Time Equivalent
19	Administration 711.7 723.7
20	Business Regulation 98.0
21	Executive Office of Commerce 16.0
22	Labor and Training 410.0 416.5
23	Revenue 514.5
24	Legislature 298.5
25	Office of the Lieutenant Governor 8.0
26	Office of the Secretary of State 57.0
27	Office of the General Treasurer 84.0 87.0
28	Board of Elections 11.0
29	Rhode Island Ethics Commission 12.0
30	Office of the Governor 45.0
31	Commission for Human Rights 14.5
32	Public Utilities Commission 50.0
33	Office of Health and Human Services 187.0
34	Children, Youth, and Families 672.5
	LC004502 - Page 162 of 316
1	Health 490.6
2	Human Services 959.1
3	Behavioral Health, Developmental Disabilities, and Hospitals 1,421.4 1,419.4
4	Office of the Child Advocate 6.0
5	Commission on the Deaf and Hard of Hearing 3.0
6	Governor's Commission on Disabilities 4.0
7	Office of the Mental Health Advocate 4.0
8	Elementary and Secondary Education 151.4 153.4
9	School for the Deaf 60.0
10	Davies Career and Technical School 126.0
11	Office of the Postsecondary Commissioner 25.0
12	Provided that 1.0 of the total authorization would be available only for positions that are
13	supported by third-party funds.
14	University of Rhode Island 2,456.5
15	Provided that 573.8 of the total authorization would be available only for positions that are
16	supported by third-party funds.
17	Rhode Island College 923.6
18	Provided that 82.0 of the total authorization would be available only for positions that are
19	supported by third-party funds.
20	Community College of Rhode Island 854.1
21	Provided that 89.0 of the total authorization would be available only for positions that are
22	supported by third-party funds.
23	Rhode Island State Council on the Arts 8.6
24	RI Atomic Energy Commission 8.6
25	Historical Preservation and Heritage Commission 16.6
26	Office of the Attorney General 236.1
27	Corrections 1,419.0
28	Judicial 724.3
29	Military Staff 92.0
30	Public Safety 633.2
31	Office of the Public Defender 93.0
32	Emergency Management 32.0
33	Environmental Management 399.0
34	Coastal Resources Management Council 29.0
	LC004502 - Page 163 of 316
1	Transportation 752.6 752.0
2	Total 15,118.4 15,139.3
3	SECTION 5. This article shall take effect upon passage.
4	ARTICLE 11
5	STRENGTHENING NEIGHBORHOOD SCHOOLS
6	SECTION 1. Section 16-2-9.4 of the General Laws in Chapter 16-2 entitled “School
7	Committees and Superintendents” is hereby amended to read as follows:
8	§ 16-2-9.4. School district accounting compliance. – (a) The office of auditor general
9	and the department of elementary and secondary education shall promulgate a uniform system of
10	accounting, including a chart of accounts based on the recommendations of the advisory council
11	on school finance, and require all accounts of the school districts, regional school districts, state
12	schools, and charter schools to be kept in accordance therewith; provided, that in any case in
13	which the uniform system of accounting is not practicable, the office of auditor general, in
14	conjunction with the department of elementary and secondary education, shall determine the
15	manner in which the accounts shall be kept. The uniform chart of accounts (UCOA) must allow
16	for both school-to-school and school district-to-school district comparisons. The structure of the
17	UCOA shall ensure that data is captured and presented by, at a minimum, position, program and
18	school location in order to facilitate such comparisons. The uniform system of accounting shall
19	also include a standardized budget process to ensure districts can annually assess investment
20	priorities and incorporate long-range planning.
21	(b) For the purpose of securing a uniform system of accounting and a chart of accounts
22	the advisory council on school finances, as defined in § 16-2-9.2 may make such surveys of the
23	operation of any school districts, regional school district, state school, or charter school as they
24	shall deem necessary.
25	(c) Upon completion of the implementation of the uniform chart of accounts, all the
26	school districts, regional school districts, state schools, and/or charter schools, shall implement a
27	regents department of elementary and secondary education-approved budget model, that shall
28	include a distinct line item for payments to charter schools and use best practices established by
29	the department of elementary and secondary education for long-range planning, budget
30	development, and budget administration and reporting.
31	(d) Commencing July 1, 2017, and on a continuing basis thereafter, each local education
32	agency shall submit a “budget only” file that conforms with UCOA requirements to the
33	department of elementary and secondary education within 30 days of the city/town adoption of
34	the budget.
	LC004502 - Page 164 of 316
1	(e) Using data from the uniform chart of accounts, on an annual basis the department of
2	elementary and secondary education shall publish on its website and provide the general
3	assembly with a performance dashboard indicating the per-pupil expenditures of each public
4	school and school district broken down by revenue sources and expenditure categories. Further,
5	the department shall provide, within the same dashboard, student performance indicators for each
6	public school and school district.
7	(f) Commencing July 1, 2017, and on a continuing basis thereafter, each local education
8	agency shall post the following information on its website in a downloadable format, for free
9	public access:
10	(1) The local education agency's annual budget, commencing with the budget for the
11	2017-18 budget year, that includes, at a minimum, information at the program and school levels;
12	(2) The local education agency shall post a link to the statewide website operated by the
13	department of elementary and secondary education which will publish the school and district
14	level “budget only” and UCOA expenditure data.
15	(3) Each local education agency shall update the information specified in paragraph (I) of
16	this section within sixty days after adoption and/or making any changes to the local education
17	agency's budget, including any changes made to the budgets of an individual program or school.
18	(d)(g) If any school district, regional school district, state school, or charter school fails to
19	install and maintain the uniform system of accounting, including a chart of accounts and
20	approved budget model, or fails to keep its accounts and interdepartmental records, or refuses or
21	neglects to make the reports and to furnish the information in accordance with the method
22	prescribed by the office of auditor general and the department of education, or hinders or prevents
23	the examination of accounts and financial records, the auditor general and the commissioner of
24	education, and/or their respective designee(s), shall make a report to the superintendent of schools
25	of the local education agency, the school committee chairperson, the mayor or town manager, and
26	the president of the town council, and/or for a charter school, to the board of trustees or directors,
27	as applicable, in writing, specifying the nature and extent of the failure, refusal, neglect,
28	hindrance, or prevention, and the commissioner is hereby authorized and directed to review the
29	matter so reported. If the commissioner shall find that failure, refusal, neglect, hindrance, or
30	prevention exists and that the school district, regional school district, state school, or charter
31	school should properly comply in the matter so reported, the commissioner shall direct the school
32	district, regional school district, state school, or charter school, in writing, to so comply. If the
33	failure, refusal, neglect, hindrance, or prevention shall continue for a period of ten (10) days
34	following the written direction, the commissioner may request the board of education for
	LC004502 - Page 165 of 316
1	approval to withhold distribution of state aid to said school district, regional school district, state
2	school, or charter school. The board shall hold a hearing and provide the subject school and/or
3	district notice and an opportunity to be heard at said hearing. After hearing thereon, the board
4	may authorize the commissioner to withhold the distribution of state aid to said school district,
5	regional school district, state school, or charter school, if the board determines such sanction is
6	appropriate.
7	(e)(h) The department of elementary and secondary education, in consultation with the
8	division of municipal finance, shall conduct periodic reviews and analysis of school revenues and
9	expenses. The department shall also review and monitor compliance with the approved budget
10	model and best practices. The department shall identify those local education agencies considered
11	to be at risk of a year-end deficit or a structural deficit that could impact future years. Such
12	potential deficits shall be identified based on the periodic reviews, which may also include on-site
13	visits and reporting in accordance with the provisions of § 45-12-22.2. Potential deficits shall be
14	reported to the office of municipal finance, office of auditor general, superintendent, chairman of
15	the school committee, mayor or town manager, and the president of the town council, of the
16	applicable school district, regional school district, or state school, and/or for a charter school, to
17	the board of trustees or directors, as applicable.
18	SECTION 2. Section 16-7-22 of the General Laws in Chapter 16-7 entitled "Foundation
19	Level School Support" is hereby amended to read as follows:
20	§ 16-7-22. Determination of average daily membership. – Each community shall be
21	paid pursuant to the provisions of § 16-7-17 an amount based upon the following provisions:
22	(1) On or before September 1 of each year the average daily membership of each city and
23	town for the reference year shall be determined by the commissioner of elementary and secondary
24	education from data supplied by the school committee in each community in the following
25	manner: The aggregate number of days of membership of all pupils enrolled full time in grade
26	twelve (12) and below, except that pupils below grade one who are not full time shall be counted
27	on a full-time equivalent basis: (i) Increased by the aggregate number of days of membership of
28	pupils residing in the particular city or town whose tuition in schools approved by the department
29	of elementary and secondary education in other cities and towns is paid by the particular city or
30	town; and (ii) Decreased by the aggregate number of days of membership of nonresident pupils
31	enrolled in the public schools of the particular city or town and further decreased by the aggregate
32	number of days of membership equal to the number of group home beds calculated for the
33	purposes of reimbursement pursuant to § 14-64-1.1; and (iii) Decreased further, in the case of a
34	city or town that is a member of a regional school district during the first year of operation of the
	LC004502 - Page 166 of 316
1	regional school district by the aggregate number of days of membership of pupils residing in the
2	city or town who would have attended the public schools in the regional school district if the
3	regional school district had been operating during the previous year, divided by the number of
4	days during which the schools were officially in session during the reference year. The resulting
5	figures shall be the average, daily membership for the city or town for the reference year. For
6	purposes of calculating the permanent foundation education aid as described in § 16-7.2-3(1) and
7	(2), the average, daily membership for school districts shall exclude charter school and state
8	school students, and beginning in school year 2014-2015, include an estimate to ensure that
9	districts converting from a half-day to a full-day kindergarten program pursuant to § 16-99-4 are
10	credited on a full-time basis beginning in the first year of enrollment. and are funded
11	notwithstanding the transition plan pursuant to § 16-7.2-7.
12	(2) The average daily membership of pupils attending public schools shall apply for the
13	purposes of determining the percentage of the state's share under the provisions of §§ 16-7-16(3),
14	16-7-16(10), 16-7-18, 16-7-19, 16-7-20, 16-7-21 and 16-7.2-4.
15	(3) In the case of regional school districts, the aggregate number of days of membership
16	by which each city or town is decreased in subdivision (1)(iii) of this section, divided by the
17	number of days during which the schools attended by the pupils were officially in session, shall
18	determine the average daily membership for the regional school district during the first year of
19	operation. After the first year of operation, the average, daily membership of each regional school
20	district, except the Chariho regional high school district, shall be determined by the commissioner
21	of elementary and secondary education from data supplied by the school committee of each
22	regional school district for the reference year in the manner provided in subdivision (1) of this
23	section.
24	SECTION 3. Section 16-7-23 of the General Laws in Chapter 16-7 entitled "Foundation
25	Level School Support" are hereby amended to read as follows:
26	§ 16-7-23. Community requirements – Adequate minimum budget provision. – (a)
27	The school committee's budget provisions of each community for current expenditures in each
28	budget year shall provide for an amount from all sources sufficient to support the basic program
29	and all other approved programs shared by the state. Effective in fiscal year 2018 and except to
30	the extent permitted by §§ 16-7-23.1 and 16-7-23.2, each community shall contribute local funds
31	to its school committee in the greater of the following two amounts:
32	(1) an amount not less than it’s the local contribution for schools in the previous fiscal
33	year except to the extent permitted by §§ 16-7-23.1 and 16-7-23.2. Provided, that for the fiscal
34	years 2010 and 2011 each community shall contribute to its school committee in an amount not
	LC004502 - Page 167 of 316
1	less than ninety-five percent (95.0%) of its increased in accordance with the CPI-U measure from
2	the most recent state fiscal year; or
3	(2) the local contribution for schools for the fiscal year 2009. in the previous fiscal year
4	increased on a per pupil basis for each additional pupil when average daily membership as
5	defined in §16-7-16(2) increases by at least one percent (1%) for two consecutive years.
6	(b) Calculation of the annual local contribution shall not include Medicaid revenues
7	received by the municipality or district pursuant to chapter 8 of title 40. A community which has
8	a decrease in enrollment may compute maintenance of effort on a per pupil rather than on an
9	aggregate basis when determining its local contribution but must still adjust its net contribution
10	after the deduction for enrollment decline by the most recent state fiscal year CPI-U increase.;
11	Furthermore, a community which experiences a non-recurring nonrecurring expenditure for its
12	schools may deduct the non-recurring expenditure in computing its maintenance of effort. The
13	deduction of non-recurring nonrecurring expenditures shall be with the approval of the
14	commissioner. Provided, however, that notwithstanding any provision of this title to the contrary,
15	debt service that is no longer carried on the books of any school district shall not be included in
16	any school districts' annual budget, nor shall non-recurring debt service be included in
17	maintenance of effort as set forth in this chapter, nor shall any non-recruiting non-recurring debt
18	service be included in the operating budget of any school district. For the purposes set forth above
19	non-recurring capital lease payments shall be considered non-recurring debt service. The courts
20	of this state shall enforce this section by means of injunctive relief.
21	(b)(c) Whenever any state funds are appropriated for educational purposes, the funds
22	shall be used for educational purposes only and all state funds appropriated for educational
23	purposes must be used to supplement any and all money allocated by a city or town for
24	educational purposes and, in no event, shall state funds be used to supplant, directly or indirectly,
25	any money allocated by a city or town for educational purposes. All state funds shall be
26	appropriated by the municipality to the school committee for educational purposes in the same
27	fiscal year in which they are appropriated at the state level even if the municipality has already
28	adopted a school budget. All state and local funds unexpended by the end of the fiscal year of
29	appropriation shall remain a surplus of the school committee and shall not revert to the
30	municipality. Any surplus of state or local funds appropriated for educational purposes shall not
31	in any respect affect the requirement that each community contribute local funds in an amount
32	determined by not less than its local contribution for schools in the previous fiscal year, subject to
33	subsection (a) of this section, and shall not in any event be deducted from the amount of the local
34	appropriation required to meet the maintenance of effort provision in any given year.
	LC004502 - Page 168 of 316
1	SECTION 4. Sections 16-7.2.1, 16-7.2-3, 16-7.2-4, 16-7.2-5, and 16-7.2-6 of the General
2	Laws in Chapter 16-7.2 entitled "The Education Equity and Property Tax Relief Act" are hereby
3	amended to read as follows:
4	§ 16-7.2-1. Legislative findings. – (a) The general assembly recognizes the need for an
5	equitable distribution of resources among the state's school districts, property tax relief and a
6	predicable method of distributing education aid. The general assembly finds that there is a need to
7	reform the way public education is financed because:
8	(1) All children should have access to an adequate and meaningful education regardless
9	of their residence or economic means;
10	(2) A school funding system should treat property taxpayers equably, limit the portion of
11	school budgets financed by property taxes, and establish sufficient cost controls on school
12	spending;
13	(3) The state should ensure that its school funding structure adequately reflects the
14	different needs of students, and closes the educational inequities among the state's school
15	districts; and
16	(4) The state education funding system should provide a predicable amount and source of
17	funding to ensure stability in the funding of schools.
18	(b) The intent of this chapter is to promote a school finance system in Rhode Island that
19	is predicated on student need and taxpayer ability to pay. A new school funding system in the
20	state should promote educational equity for all students and reduce the reliance on the property
21	tax to fund public education. This legislation is intended to ensure educational opportunity to
22	each pupil in each city or town on substantially equal terms. Adequate per pupil support will be
23	provided through a combination of state school aid and local education property tax levies.
24	(c) In order to ensure the predictability, equity, and accuracy of the distribution of state
25	education aid pursuant to this chapter, the department of elementary and secondary education
26	shall review the overall functioning of the formula and systems set forth herein in intervals of no
27	less than every five fiscal years and make appropriate recommendations to the General Assembly.
28	§ 16-7.2-3. Permanent foundation education aid established. – (a) Beginning in the
29	2012 fiscal year, the following foundation education aid formula shall take effect. The foundation
30	education aid for each district shall be the sum of the core instruction amount in (a)(1) and the
31	amount to support high need students in (a)(2), which shall be multiplied by the district state
32	share ratio calculated pursuant to § 16-7.2-4 to determine the foundation aid.
33	(1) The core instruction amount shall be an amount equal to a statewide per pupil core
34	instruction amount as established by the department of elementary and secondary education,
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1	derived from the average of northeast regional expenditure data for the states of Rhode Island,
2	Massachusetts, Connecticut, and New Hampshire from the National Center for Education
3	Statistics (NCES) that will adequately fund the student instructional needs as described in the
4	basic education program and multiplied by the district average daily membership as defined in §
5	16-7-22. Expenditure data in the following categories: instruction and support services for
6	students, instruction, general administration, school administration and other support services
7	from the National Public Education Financial Survey as published by NCES and enrollment data
8	from the Common Core of Data also published by NCES will be used when determining the core
9	instruction amount. The core instruction amount will be updated annually. For the purpose of
10	calculating this formula, school districts' resident average daily membership shall exclude charter
11	school and state-operated school students.
12	(2) The amount to support high need students beyond the core instruction amount shall be
13	determined by multiplying a student success factor of forty percent (40%) by the core instruction
14	per pupil amount described in § 16-7.2-3(1) and applying that amount to all resident children
15	eligible for USDA reimbursable school meals for each resident child whose family income is at
16	or below 185% of federal poverty guidelines, hereinafter referred to as “poverty status.”
17	(b) LEAs may set aside a portion of funds received under subsection (a) to expand
18	learning opportunities such as after school and summer programs, full day kindergarten and/or
19	multiple pathway programs provided that the basic education program and all other approved
20	programs required in law are funded.
21	(c) The department of elementary and secondary education shall promulgate such
22	regulations as are necessary to implement fully the purposes of this chapter.
23	§ 16-7.2-4. Determination of state's share. –(a) For each district, the state's share of the
24	foundation education aid calculated pursuant to § 16-7.2-3(a) shall use a calculation that
25	considers a district's revenue generating capacity and concentration of high-need students. The
26	calculation is the square root of the sum of the state share ratio for the community calculation,
27	(SSRC), pursuant to § 16-7-20, squared plus the district's percentage of students eligible for
28	USDA reimbursable school meals in grades PK-6 in poverty status (PK6FRPL) squared, divided
29	by two.
30	(b) For purposes of determining the state's share, school district student data used in this
31	calculation shall include charter school and state school students. These ratios are used in the
32	permanent foundation education aid formula calculation described in § 16-7.2-5.
33	§ 16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical
34	High School, and the Metropolitan Regional Career and Technical Center, – (a) Charter
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1	public schools as defined in chapter 77 of this title, the William M. Davies, Jr. Career and
2	Technical High School (Davies) and the Metropolitan Regional Career and Technical Center (the
3	Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual enrollment data for
4	any charter public school shows a ten percent (10%) or greater change from the prior year
5	enrollment which is used as the reference year average daily membership, the last six monthly
6	third and fourth quarter payments to the charter public school will be adjusted to reflect actual
7	enrollment. The state share of the permanent foundation education aid shall be paid by the state
8	directly to the charter public schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall
9	be calculated using the state share ratio of the district of residence of the student as set forth in §
10	16-7.2-4. The department of elementary and secondary education shall provide the general
11	assembly with the calculation of the state share of permanent foundation education aid for charter
12	public schools delineated by school district.
13	(b) Beginning in FY 2017, there shall be a $355 per pupil reduction to the local funding
14	sent by the district of residence to charter public schools, Davies, and the Met Center. This
15	reduction is the result of balancing expenses in the areas of debt service, rental, retiree health
16	benefits, out of district special education placement, services for 18-21-year old students, pre-
17	school screening and intervention, and career and technical education tuition. In order to ensure
18	accuracy, this overall adjustment shall be reviewed and recalculated every three years in a manner
19	to be determined by the commissioner of elementary and secondary education.
20	The department shall also provide the general assembly a performance dashboard
21	indicating the per-pupil expenditures of each school district and charter school broken down by
22	revenue sources and expenditure categories. The department shall provide, within the same
23	dashboard, student performance indicators for each school district or charter school. (c) The local
24	share of education funding, as defined by the department of elementary and secondary education
25	and approved by the General Assembly, shall be paid to the charter public school, Davies, and the
26	Met Center by the district of residence of the student and shall be the local per-pupil cost, which
27	consists of calculated by dividing the local appropriation to education from property taxes, net of
28	debt service, and capital projects, and the local share of education funding paid to the charter
29	public schools, Davies, and the Met Center in reference year 2014, as defined in the uniform chart
30	of accounts, divided by the average daily membership for each city and town, pursuant to § 16-7-
31	22, for the reference year.
32	(b)(d) Local district payments to charter public schools, Davies, and the Met Center for
33	each district's students enrolled in these schools shall be made on a quarterly basis in July,
34	October, January and April; however, the first local district payment shall be made by August 15
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1	instead of July. Failure of the community to make the local district payment for its student(s)
2	enrolled in a charter public school, Davies, and/or the Met Center may result in the withholding
3	of state education aid pursuant to § 16-7-31.
4	(e) Beginning in FY 2017, school districts with charter public school, Davies, and the
5	Met Center enrollments that, combined, comprise five percent (5%) or more of the average daily
6	membership as defined in § 16-17-22 shall receive additional aid equal to the number of charter
7	public school, open enrollment schools, Davies, or the Met Center students as of the reference
8	year as defined in 16-7-16(11) times a per pupil amount of three hundred dollars ($300). The
9	additional aid shall be to offset the adjusted fixed costs retained by the district of residence and
10	shall be recalculated every three years in a manner to be determined by the commissioner of
11	elementary and secondary education.
12	§ 16-7.2-6. Categorical programs, state funded expenses. – In addition to the
13	foundation education aid provided pursuant to § 16-7.2-3 the permanent foundation education aid
14	program shall provide direct state funding for:
15	(a) Excess Extraordinary costs associated with special education students. Excess costs
16	are defined when an individual special education student's cost shall be deemed to be
17	"extraordinary." Extraordinary costs are those educational costs that exceed the state approved
18	threshold based on an amount greater than above five times the core foundation amount (total of
19	core instruction amount plus student success amount). Effective fiscal year 2018, the approved
20	threshold shall be based on an amount greater than four times the core foundation amount. The
21	department of elementary and secondary education shall prorate the funds available for
22	distribution among those eligible school districts if the total approved costs for which school
23	districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year;
24	(b) Career and technical education costs to help meet initial investment requirements
25	needed to transform existing or create new comprehensive career and technical education
26	programs and career pathways in critical and emerging industries and to help offset the higher
27	than average costs associated with facilities, equipment maintenance and repair, and supplies
28	necessary for maintaining the quality of highly specialized programs that are a priority for the
29	state. The department shall develop recommend criteria for the purpose of allocating any and all
30	career and technical education funds as may be determined by the general assembly on an annual
31	basis. The department of elementary and secondary education shall prorate the funds available for
32	distribution among those eligible school districts if the total approved costs for which school
33	districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
34	(c) Programs to increase access to voluntary, free, high-quality pre-kindergarten
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1	programs. The department shall recommend criteria for the purpose of allocating any and all early
2	childhood program funds as may be determined by the general assembly;
3	(d) Central Falls, Davies, and the Met Center Stabilization Fund is established to assure
4	that appropriate funding is available to support their the community, including students.
5	Additional support for Central Falls is needed from the community that attend the charter schools,
6	Davies, and the Met Center pursuant to § 16-7.2-5, due to concerns regarding the city's capacity
7	to meet the local share of education costs. This fund requires that education aid calculated
8	pursuant to § 16-7.2-3 and funding for costs outside the permanent foundation education aid
9	formula, including but not limited to transportation, facility maintenance, and retiree health
10	benefits shall be shared between the state and the city of Central Falls. The fund shall be annually
11	reviewed to determine the amount of the state and city appropriation. The state's share of this
12	fund may be supported through a reallocation of current state appropriations to the Central Falls
13	school district. At the end of the transition period defined in § 16-7.2-7, the municipality will
14	continue its contribution pursuant to § 16-7-24 Additional support for the Davies and the Met
15	Center is needed due to the costs associated with running a stand-alone high school offering both
16	academic and career and technical coursework. The department shall recommend criteria for the
17	purpose of allocating any and all stabilization funds as may be determined by the general
18	assembly; and
19	(e) Excess costs associated with transporting students to out of district non-public schools
20	and within regional school districts. (1) This fund will provide state funding for the costs
21	associated with transporting students to out of district non-public schools, pursuant to title 16,
22	Chapter 21.1. The state will assume the costs of non-public out-of-district transportation for those
23	districts participating in the statewide system; and (2) This fund will provide direct state funding
24	for the excess costs associated with transporting students within regional school districts,
25	established pursuant to title 16, chapter 3. This fund requires that the state and regional school
26	district share equally the student transportation costs net any federal sources of revenue for these
27	expenditures. The department of elementary and secondary education shall prorate the funds
28	available for distribution among those eligible school districts if the total approved costs for
29	which school districts are seeking reimbursement exceed the amount of funding available in any
30	fiscal year.
31	(f) Public school districts that are regionalized shall be eligible for a regionalization
32	bonus as set forth below.
33	(1) As used herein, the term "regionalized" shall be deemed to refer to a regional school
34	district established under the provisions of chapter 16-3 including the Chariho Regional School
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1	district.
2	(2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus
3	shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the
4	regionalization bonus shall commence in the first fiscal year following the establishment of a
5	regionalized school district as set forth section 16-3, including the Chariho Regional School
6	District.
7	(3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the
8	state's share of the foundation education aid for the regionalized district as calculated pursuant to
9	§§ 16-7.2-3 and 16-7.2-4 in that fiscal year.
10	(4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the
11	state's share of the foundation education aid for the regionalized district as calculated pursuant to
12	§§ 16-7.2-3 and 16-7.2-4 in that fiscal year.
13	(5) The regionalization bonus shall cease in the third fiscal year.
14	(6) The regionalization bonus for the Chariho regional school district shall be applied to
15	the state share of the permanent foundation education aid for the member towns.
16	(7) The department of elementary and secondary education shall prorate the funds
17	available for distribution among those eligible regionalized school districts if the total approve
18	costs for which regionalized school districts are seeking a regionalization bonus exceed the
19	amount of funding appropriated in any fiscal year.
20	(g) Costs associated with English learners (EL). The amount to support EL students shall
21	be determined by multiplying an EL factor of ten percent (10%) by the core instruction per pupil
22	amount defined in § 16-7.2-3(a)(1) and applying that amount to EL students identified using
23	widely adopted, independent standards and assessments identified by the Commissioner. All
24	categorical funds distributed pursuant to this subsection must be used to provide high-quality,
25	research-based services to EL students and managed in accordance with requirements set forth by
26	the commissioner of elementary and secondary education. The department of elementary and
27	secondary education shall prorate the funds available for distribution among eligible recipients if
28	the total calculated costs exceed the amount of funding available in any fiscal year.
29	(g)(h) Categorical programs defined in (a) through (f) shall be funded pursuant to the
30	transition plan in § 16-7.2-7.
31	SECTION 5. Section 16-7.2-7 of the General Laws in Chapter 16-7.2 entitled "The
32	Education Equity and Property Tax Relief Act" is hereby amended to read as follows:
33	§ 16-7.2-7. Transition plan. – (a) The general assembly shall annually determine the
34	appropriation of education aid pursuant to this chapter using a transition plan to begin in fiscal
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1	year 2012, not to exceed seven (7) years for LEA's for whom the calculated education aid
2	pursuant to § 16-7.2-3 is more than the education aid the LEA is receiving as of the effective date
3	of the formula, and ten (10) years for LEA's for whom the calculated education aid pursuant to §
4	16-7.2-3 is less than the education aid the LEA is receiving as of the effective date of the formula.
5	(b) The local share of funding pursuant to § 16-7.2-5 shall be transitioned proportionately
6	over a period not to exceed five (5) years. The transition shall provide a combination of direct aid
7	to districts, funds for the categorical programs, and district savings through state-assumed costs,
8	as determined by the general assembly on an annual basis. Updates to any components of the
9	permanent foundation education aid formula, such as student data, property values, and/or median
10	family income, that result in an increase or decrease in state education aid that impacts the total
11	state and local contribution by more than three percent (3%) shall be transitioned over a period of
12	time not to exceed three (3) years.
13	(c) For districts that are converting from a half-day to a full-day kindergarten program for
14	the 2014-2015 school year and after, as defined by § 16-99-4, the increase in aid provided
15	pursuant to the formula for the increased reference average daily membership due to the
16	conversion of the kindergarten students from 0.5 full-time equivalent to 1.0 full-time equivalent is
17	not subject to the transition plan in subsection (a); instead, the increased kindergarten full-time
18	equivalents will be funded at the fully transitioned value of the formula beginning in FY 2017.
19	SECTION 6. Section 16-77.2-5 of the General Laws in Chapter 16-77.2 entitled "District
20	Charter School" is hereby amended to read as follows:
21	§ 16-77.2-5. Budgets and funding. – (a) It is the intent of the general assembly that
22	funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive
23	to the establishment of a district charter school. Funding for each district charter school shall
24	consist of state revenue and municipal or district revenue in the same proportions that funding is
25	provided for other schools within the sending school district(s).
26	(b) The amount of funding which shall be allocated to the district charter school by the
27	sending school district(s) shall be equal to a percentage of the total budgeted expenses of the
28	sending school district(s) which is determined by dividing the number of students enrolled in the
29	district charter school by the total resident average daily number of students in the sending school
30	district(s).
31	(c)(b) Funding additional to that authorized from the sending school district(s) by
32	subsection (b) may be allocated to the district charter school from the sending school district(s) to
33	the extent that the combined percentage of students eligible for free or reduced cost lunch,
34	students with limited English proficiency, and students requiring special education exceed the
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1	combined percentage of those students in the sending school district(s) as a whole. The
2	commissioner shall promulgate rules and regulations consistent with this section regarding the
3	allocation of funds from sending school districts to district charter schools.
4	(d)(c) All services centrally or otherwise provided by the school district in which the
5	district charter school is located which the district charter school decides to utilize including, but
6	not limited to, transportation, food services, custodial services, maintenance, curriculum, media
7	services, libraries, nursing, and warehousing, shall be subject to negotiation between a district
8	charter school and the school district in which the district charter school is located and paid for
9	out of the revenues of the district charter school. Disputes with regard to cost of services
10	requested from the school district in which the district charter school is located will be
11	adjudicated by the commissioner.
12	(e)(d) A district charter school shall be eligible to receive other aids, grants, Medicaid
13	revenue, and other revenue according to Rhode Island law, as though it were a school district.
14	Federal aid received by the state shall be used to benefit students in the charter public school, if
15	the school qualifies for the aid, as though it were a school district.
16	(f)(e) A district charter school may negotiate and contract directly with third parties for
17	the purchase of books, instructional materials, and any other goods and services which are not
18	being provided by the sending school district(s) pursuant to the charter.
19	(g) Any career echnical charter public school enrolling special education students from
20	outside school districts with verifiable individual education program (IEP) designations shall
21	receive from the sending school district(s) the average per pupil special education cost of the
22	sending district, in accordance with standards established by the Rhode Island department of
23	secondary and elementary education.
24	SECTION 7. Section of 16-77.3-5 of the General Laws in Chapter 16-77.3 entitled
25	“Independent Charter Schools” is hereby amended to read as follows:
26	§ 16-77.3-5. Budgets and funding. – (a) It is the intent of the general assembly that
27	funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive
28	to the establishment of an independent charter school. Funding for each independent charter
29	school shall consist of state revenue and municipal or district revenue in the same proportions that
30	funding is provided for other schools within the sending school district(s).
31	(b) The amount of funding which shall be allocated to the independent charter school by
32	the sending school district(s) shall be equal to a percentage of the total budgeted expenses of the
33	sending school district(s) which is determined by dividing the number of students enrolled in the
34	district charter school by the total resident average daily number of students in the sending school
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1	district(s).
2	(c)(b) Funding additional to that authorized from the sending school district(s) by
3	subsection (b) may be allocated to the independent charter school from the sending school
4	district(s) to the extent that the combined percentage of students eligible for free or reduced cost
5	lunch, students with limited English proficiency, and students requiring special education exceed
6	the combined percentage of those students in the sending school district(s) as a whole. The
7	commissioner shall promulgate rules and regulations consistent with this section regarding the
8	allocation of funds from sending school districts to independent charter schools.
9	(d)(c) An independent charter school shall be eligible to receive other aids, grants,
10	Medicaid revenue, and other revenue according to Rhode Island law, as though it were a school
11	district. Federal aid received by the state shall be used to benefit students in the independent
12	charter school, if the school qualifies for the aid, as though it were a school district.
13	(e)(d) An independent charter school may negotiate and contract directly with third
14	parties for the purchase of books, instructional materials, and any other goods and services which
15	are not being provided by the sending school district(s) pursuant to the charter.
16	(f) Any career/technical charter public school enrolling special education students from
17	outside school districts with verifiable individual education program (IEP) designations shall
18	receive from the sending school district(s) the average per pupil special education cost of the
19	sending district, in accordance with standards established by the Rhode Island department of
20	elementary and secondary education.
21	SECTION 8. Section 16-77.4-5 of the General Laws in Chapter 16-77.4 entitled
22	"Mayoral Academies" is hereby amended to read as follows:
23	§ 16-77.4-5. Budgets and funding. – (a) It is the intent of the general assembly that
24	funding pursuant to this chapter shall be neither a financial incentive nor a financial disincentive
25	to the establishment of a mayoral academy. Funding for each mayoral academy shall consist of
26	state revenue and municipal or district revenue in the same proportions that funding is provided
27	for other schools within the sending school district(s).
28	(b) The amount of funding which shall be allocated to the mayoral academy by the
29	sending school district(s) shall be equal to a percentage of the total budgeted expenses of the
30	sending school district(s) which is determined by dividing the number of students enrolled in the
31	mayoral academy by the total resident average daily number of students in the sending school
32	district(s).
33	(c)(b) Funding additional to that authorized from the sending school district(s) by
34	subsection (b) may be allocated to the mayoral academy from the sending school district(s) to the
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1	extent that the combined percentage of students eligible for free or reduced cost lunch, students
2	with limited English proficiency, and students requiring special education exceed the combined
3	percentage of those students in the sending school district(s) as a whole. The commissioner shall
4	promulgate rules and regulations consistent with this section regarding the allocation of funds
5	from sending school districts to mayoral academies.
6	(d)(c) A mayoral academy shall be eligible to receive other aids, grants, Medicaid
7	revenue, and other revenue according to Rhode Island law, as though it were a school district.
8	Federal aid received by the state shall be used to benefit students in a mayoral academy, if the
9	school qualifies for the aid, as though it were a school district.
10	(e)(d) A mayoral academy may negotiate and contract directly with third parties for the
11	purchase of books, instructional materials, and any other goods and services which are not being
12	provided by the sending school district(s) pursuant to the charter.
13	(f)(e) Any career/technical charter public school enrolling special education students
14	from outside school districts with verifiable individual education program (IEP) designations
15	shall receive from the sending school district(s) the average per pupil special education cost of the
16	sending district(s), in accordance with standards established by the Rhode Island department of
17	elementary and secondary education.
18	SECTION 9. This article shall take effect upon passage.
19	ARTICLE 12
20	RELATING TO REVENUE
21	SECTION 1. Sections 44-20-12 and 44-20-13 of the General Laws in Chapter 44-20
22	entitled “Cigarette Tax” are hereby amended to read as follows:
23	§ 44-20-12. Tax imposed on cigarettes sold. – A tax is imposed on all cigarettes sold or
24	held for sale in the state. The payment of the tax to be evidenced by stamps, which may be
25	affixed only by licensed distributors to the packages containing such cigarettes. Any cigarettes on
26	which the proper amount of tax provided for in this chapter has been paid, payment being
27	evidenced by the stamp, is not subject to a further tax under this chapter. The tax is at the rate of
28	one hundred eighty-seven and one half (187.5) two hundred (200) mills for each cigarette.
29	§ 44-20-13. Tax imposed on unstamped cigarettes. - A tax is imposed at the rate of one
30	hundred eighty-seven and one half (187.5) two hundred (200) mills for each cigarette upon the
31	storage or use within this state of any cigarettes not stamped in accordance with the provisions of
32	this chapter in the possession of any consumer within this state.
33	SECTION 2. Chapter 44-20 of the General Laws entitled “Cigarette Tax” is hereby
34	amended by adding thereto the following section:
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1	§ 44-20-12.6. Floor stock tax on cigarettes and stamps. – (a) Whenever used in this
2	section, unless the context requires otherwise:
3	(1) "Cigarette" means any cigarette as defined in § 44-20-1(2);
4	(2) "Person" means each individual, firm, fiduciary, partnership, corporation, trust, or
5	association, however formed.
6	(b) Each person engaging in the business of selling cigarettes at retail in this state shall
7	pay a tax or excise to the state for the privilege of engaging in that business during any part of the
8	calendar year 2016. In calendar year 2016, the tax shall be measured by the number of cigarettes
9	held by the person in this state at 12:01 a.m. on August 1, 2016 and is computed at the rate of
10	twelve and one half (12.5) mills for each cigarette on August 1, 2016.
11	(c) Each distributor licensed to do business in this state pursuant to this chapter shall pay
12	a tax or excise to the state for the privilege of engaging in that business during any part of the
13	calendar year 2016. The tax is measured by the number of stamps, whether affixed or to be
14	affixed to packages of cigarettes, as required by § 44-20-28. In calendar year 2016 the tax is
15	measured by the number of stamps, as defined in § 44-20-1(10), whether affixed or to be affixed,
16	held by the distributor at 12:01 a.m. on August 1, 2016, and is computed at the rate of twelve and
17	one half (12.5) mills per cigarette in the package to which the stamps are affixed or to be affixed.
18	(d) Each person subject to the payment of the tax imposed by this section shall, on or
19	before August 15, 2016, file a return, under oath or certified under the penalties of perjury, with
20	the tax administrator on forms furnished by him or her, showing the amount of cigarettes and
21	under subsection (b) above the number of stamps under subsection (c) above, in that person's
22	possession in this state at 12:01 a.m. on August 1, 2016, and the amount of tax due, and shall at
23	the time of filing the return pay the tax to the tax administrator. Failure to obtain forms shall not
24	be an excuse for the failure to make a return containing the information required by the tax
25	administrator.
26	(e) The tax administrator may prescribe rules and regulations, not inconsistent with law,
27	with regard to the assessment and collection of the tax imposed by this section.
28	SECTION 3. This article shall take effect as of August 1, 2016.
29	ARTICLE 13
30	RELATING TO MAKING WORK PAY
31	SECTION 1. Section 28-12-3 of the General Laws in Chapter 28-12 entitled “Minimum
32	Wages” is hereby amended to read as follows:
33	§ 28-12-3. Minimum wages. – (a) Every employer shall pay to each of his or her
34	employees: commencing July 1, 1999, at least the minimum wage of five dollars and sixty-five
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1	cents ($5.65) per hour. Commencing September 1, 2000, the minimum wage is six dollars and
2	fifteen cents ($6.15) per hour.
3	(b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five
4	cents ($6.75) per hour.
5	(c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents
6	($7.10) per hour.
7	(d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents
8	($7.40) per hour.
9	(e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five
10	cents ($7.75) per hour.
11	(f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour.
12	(g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour.
13	(h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents
14	($9.60) per hour.
15	(i) Commencing January 1, 2017, the minimum wage is ten dollars and ten cents ($10.10)
16	per hour.
17	SECTION 2. Section 44-30-2.6 of General Laws in Chapter 44-30 entitled “Personal
18	Income Tax” is hereby amended to read as follows:
19	§ 44-30-2.6. Rhode Island taxable income – Rate of tax. – (a) "Rhode Island taxable
20	income" means federal taxable income as determined under the Internal Revenue Code, 26 U.S.C.
21	§ 1 et seq., not including the increase in the basic standard deduction amount for married couples
22	filing joint returns as provided in the Jobs and Growth Tax Relief Reconciliation Act of 2003 and
23	the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), and as modified by
24	the modifications in § 44-30-12.
25	(b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years
26	beginning on or after January 1, 2001, a Rhode Island personal income tax is imposed upon the
27	Rhode Island taxable income of residents and nonresidents, including estates and trusts, at the rate
28	of twenty-five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for
29	tax year 2002 and thereafter of the federal income tax rates, including capital gains rates and any
30	other special rates for other types of income, except as provided in § 44-30-2.7, which were in
31	effect immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act
32	of 2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax
33	administrator beginning in taxable year 2002 and thereafter in the manner prescribed for
34	adjustment by the commissioner of Internal Revenue in 26 U.S.C. § 1(f). However, for tax years
	LC004502 - Page 180 of 316
1	beginning on or after January 1, 2006, a taxpayer may elect to use the alternative flat tax rate
2	provided in § 44-30-2.10 to calculate his or her personal income tax liability.
3	(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an
4	alternative minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a
5	Rhode Island alternative minimum tax. The Rhode Island alternative minimum tax shall be
6	computed by multiplying the federal tentative minimum tax without allowing for the increased
7	exemptions under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined
8	on federal form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent
9	(25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and
10	comparing the product to the Rhode Island tax as computed otherwise under this section. The
11	excess shall be the taxpayer's Rhode Island alternative minimum tax.
12	(1) For tax years beginning on or after January 1, 2005 and thereafter the
13	exemption amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for
14	inflation by the tax administrator in the manner prescribed for adjustment by the commissioner of
15	Internal Revenue in 26 U.S.C. § 1(f).
16	(2) For the period January 1, 2007 through December 31, 2007, and thereafter,
17	Rhode Island taxable income shall be determined by deducting from federal adjusted gross
18	income as defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode
19	Island itemized deduction amount and the Rhode Island exemption amount as determined in this
20	section.
21	(A) Tax imposed.
22	(1) There is hereby imposed on the taxable income of married individuals filing
23	joint returns and surviving spouses a tax determined in accordance with the following table:
24	If taxable income is: The tax is:
25	Not over $53,150 3.75% of taxable income
26	Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150
27	Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500
28	Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850
29	Over $349,700 $26,333.75 plus 9.9% of the excess over $349,700
30	(2) There is hereby imposed on the taxable income of every head of household a
31	tax determined in accordance with the following table:
32	If taxable income is: The tax is:
33	Not over $42,650 3.75% of taxable income
34	Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650
	LC004502 - Page 181 of 316
1	Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100
2	Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350
3	Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700
4	(3) There is hereby imposed on the taxable income of unmarried individuals
5	(other than surviving spouses and heads of households) a tax determined in accordance with the
6	following table:
7	If taxable income is: The tax is:
8	Not over $31,850 3.75% of taxable income
9	Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850
10	Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100
11	Over $160,850 but not over $349,700 $10,852.5 plus 9.00% of the excess over $160,850
12	Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700
13	(4) There is hereby imposed on the taxable income of married individuals filing
14	separate returns and bankruptcy estates a tax determined in accordance with the following table:
15	If taxable income is: The tax is:
16	Not over $26,575 3.75% of taxable income
17	Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575
18	Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250
19	Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925
20	Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850
21	(5) There is hereby imposed a taxable income of an estate or trust a tax
22	determined in accordance with the following table:
23	If taxable income is: The tax is:
24	Not over $2,150 3.75% of taxable income
25	Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150
26	Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000
27	Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650
28	Over $10,450 $737.50 plus 9.90% of the excess over $10,450
29	(6) Adjustments for inflation.
30	The dollars amount contained in paragraph (A) shall be increased by an amount
31	equal to:
32	(a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied
33	by;
34	(b) The cost-of-living adjustment determined under section (J) with a base year
	LC004502 - Page 182 of 316
1	of 1993;
2	(c) The cost-of-living adjustment referred to in subparagraph (a) and (b) used in
3	making adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar
4	amounts shall be determined under section (J) by substituting "1994" for "1993."
5	(B) Maximum capital gains rates
6	(1) In general
7	If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010,
8	the tax imposed by this section for such taxable year shall not exceed the sum of:
9	(a) 2.5 % of the net capital gain as reported for federal income tax purposes under
10	section 26 U.S.C. 1(h)(1)(a) and 26 U.S.C. 1(h)(1)(b).
11	(b) 5% of the net capital gain as reported for federal income tax purposes under
12	26 U.S.C. 1(h)(1)(c).
13	(c) 6.25% of the net capital gain as reported for federal income tax purposes
14	under 26 U.S.C. 1(h)(1)(d).
15	(d) 7% of the net capital gain as reported for federal income tax purposes under
16	26 U.S.C. 1(h)(1)(e).
17	(2) For tax years beginning on or after January 1, 2010 the tax imposed on net
18	capital gain shall be determined under subdivision 44-30-2.6(c)(2)(A).
19	(C) Itemized deductions.
20	(1) In general
21	For the purposes of section (2) "itemized deductions" means the amount of federal
22	itemized deductions as modified by the modifications in § 44-30-12.
23	(2) Individuals who do not itemize their deductions
24	In the case of an individual who does not elect to itemize his deductions for the taxable
25	year, they may elect to take a standard deduction.
26	(3) Basic standard deduction.
27	The Rhode Island standard deduction shall be allowed in accordance with the
28	following table:
29	Filing status Amount
30	Single $5,350
31	Married filing jointly or qualifying widow(er) $8,900
32	Married filing separately $4,450
33	Head of Household $7,850
34	(4) Additional standard deduction for the aged and blind.
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1	An additional standard deduction shall be allowed for individuals age sixty-five
2	(65) or older or blind in the amount of $1,300 for individuals who are not married and $1,050 for
3	individuals who are married.
4	(5) Limitation on basic standard deduction in the case of certain dependents.
5	In the case of an individual to whom a deduction under section (E) is allowable to another
6	taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater
7	of:
8	(a) $850;
9	(b) The sum of $300 and such individual's earned income;
10	(6) Certain individuals not eligible for standard deduction.
11	In the case of:
12	(a) A married individual filing a separate return where either spouse itemizes
13	deductions;
14	(b) Nonresident alien individual;
15	(c) An estate or trust;
16	The standard deduction shall be zero.
17	(7) Adjustments for inflation.
18	Each dollars amount contained in paragraphs (3), (4) and (5) shall be increased by an
19	amount equal to:
20	(a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988,
21	multiplied by
22	(b) The cost-of-living adjustment determined under section (J) with a base year
23	of 1988.
24	(D) Overall limitation on itemized deductions
25	(1) General rule.
26	In the case of an individual whose adjusted gross income as modified by § 44-30-12
27	exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the
28	taxable year shall be reduced by the lesser of:
29	(a) Three percent (3%) of the excess of adjusted gross income as modified by §
30	44-30-12 over the applicable amount; or
31	(b) Eighty percent (80%) of the amount of the itemized deductions otherwise
32	allowable for such taxable year.
33	(2) Applicable amount.
34	(a) In general.
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1	For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in
2	the case of a separate return by a married individual)
3	(b) Adjustments for inflation.
4	Each dollar amount contained in paragraph (a) shall be increased by an amount
5	equal to:
6	(i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by
7	(ii) The cost-of-living adjustment determined under section (J) with a base year
8	of 1991.
9	(3) Phase-out of Limitation.
10	(a) In general.
11	In the case of taxable year beginning after December 31, 2005, and before January 1,
12	2010, the reduction under section (1) shall be equal to the applicable fraction of the amount which
13	would be the amount of such reduction.
14	(b) Applicable fraction.
15	For purposes of paragraph (a), the applicable fraction shall be determined in accordance
16	with the following table:
17	For Taxable years beginning in calendar year The applicable fraction
18	is
19	2006 and 2007 2/3
20	2008 and 2009 1/3
21	(E) Exemption amount
22	(1) In general.
23	Except as otherwise provided in this subsection, the term "exemption amount" mean
24	$3,400.
25	(2) Exemption amount disallowed in case of certain dependents.
26	In the case of an individual with respect to whom a deduction under this section is
27	allowable to another taxpayer for the same taxable year, the exemption amount applicable to such
28	individual for such individual's taxable year shall be zero.
29	(3) Adjustments for inflation.
30	The dollar amount contained in paragraph (1) shall be increased by an amount equal to:
31	(a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by
32	(b) The cost-of-living adjustment determined under section (J) with a base year
33	of 1989.
34	(4) Limitation.
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1	(a) In general.
2	In the case of any taxpayer whose adjusted gross income as modified for the taxable year
3	exceeds the threshold amount shall be reduced by the applicable percentage.
4	(b) Applicable percentage.
5	In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the
6	threshold amount, the exemption amount shall be reduced by two (2) percentage points for each
7	$2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year
8	exceeds the threshold amount. In the case of a married individual filing a separate return, the
9	preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the
10	applicable percentage exceed one hundred percent (100%).
11	(c) Threshold Amount.
12	For the purposes of this paragraph, the term "threshold amount" shall be determined with
13	the following table:
14	Filing status Amount
15	Single $156,400
16	Married filing jointly of qualifying widow(er) $234,600
17	Married filing separately $117,300
18	Head of Household $195,500
19	(d) Adjustments for inflation.
20	Each dollars amount contain in paragraph (b) shall be increased by an amount
21	equal to:
22	(i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by
23	(ii) The cost-of-living adjustment determined under section (J) with a base year
24	of 1991.
25	(5) Phase-out of Limitation.
26	(a) In general.
27	In the case of taxable years beginning after December 31, 2005, and before January 1,
28	2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which
29	would be the amount of such reduction.
30	(b) Applicable fraction.
31	For the purposes of paragraph (a), the applicable fraction shall be determined in
32	accordance with the following table:
33	For Taxable years beginning in calendar year The applicable fraction
34	is
	LC004502 - Page 186 of 316
1	2006 and 2007 2/3
2	2008 and 2009 1/3
3	(F) Alternative minimum tax
4	(1) General rule. There is hereby imposed (in addition to any other tax imposed
5	by this subtitle) a tax equal to the excess (if any) of:
6	(a) The tentative minimum tax for the taxable year, over
7	(b) The regular tax for the taxable year.
8	(2) The tentative minimum tax for the taxable year is the sum of:
9	(a) 6.5 percent of so much of the taxable excess as does not exceed $175,000,
10	plus
11	(b) 7.0 percent of so much of the taxable excess above $175,000.
12	(3) The amount determined under the preceding sentence shall be reduced by the
13	alternative minimum tax foreign tax credit for the taxable year.
14	(4) Taxable excess. For the purposes of this subsection the term "taxable excess"
15	means so much of the federal alternative minimum taxable income as modified by the
16	modifications in § 44-30-12 as exceeds the exemption amount.
17	(5) In the case of a married individual filing a separate return, subparagraph (2)
18	shall be applied by substituting "$87,500" for $175,000 each place it appears.
19	(6) Exemption amount.
20	For purposes of this section "exemption amount" means:
21	Filing status Amount
22	Single $39,150
23	Married filing jointly or qualifying widow(er) $53,700
24	Married filing separately $26,850
25	Head of Household $39,150
26	Estate or trust $24,650
27	(7) Treatment of unearned income of minor children
28	(a) In general.
29	In the case of a minor child, the exemption amount for purposes of section (6) shall not
30	exceed the sum of:
31	(i) Such child's earned income, plus
32	(ii) $6,000.
33	(8) Adjustments for inflation.
34	The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount
	LC004502 - Page 187 of 316
1	equal to:
2	(a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004,
3	multiplied by
4	(b) The cost-of-living adjustment determined under section (J) with a base year
5	of 2004.
6	(9) Phase-out.
7	(a) In general.
8	The exemption amount of any taxpayer shall be reduced (but not below zero) by an
9	amount equal to twenty-five percent (25%) of the amount by which alternative minimum taxable
10	income of the taxpayer exceeds the threshold amount.
11	(b) Threshold amount.
12	For purposes of this paragraph, the term "threshold amount" shall be determined with the
13	following table:
14	Filing status Amount
15	Single $123,250
16	Married filing jointly or qualifying widow(er) $164,350
17	Married filing separately $82,175
18	Head of Household $123,250
19	Estate or Trust $82,150
20	(c) Adjustments for inflation
21	Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:
22	(i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by
23	(ii) The cost-of-living adjustment determined under section (J) with a base year
24	of 2004.
25	(G) Other Rhode Island taxes
26	(1) General rule. There is hereby imposed (in addition to any other tax imposed
27	by this subtitle) a tax equal to twenty-five percent (25%) of:
28	(a) The Federal income tax on lump-sum distributions.
29	(b) The Federal income tax on parents' election to report child's interest and
30	dividends.
31	(c) The recapture of Federal tax credits that were previously claimed on Rhode
32	Island return.
33	(H) Tax for children under 18 with investment income
34	(1) General rule. There is hereby imposed a tax equal to twenty-five percent
	LC004502 - Page 188 of 316
1	(25%) of:
2	(a) The Federal tax for children under the age of 18 with investment income.
3	(I) Averaging of farm income
4	(1) General rule. At the election of an individual engaged in a farming business
5	or fishing business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:
6	(a) The Federal averaging of farm income as determined in IRC section 1301.
7	(J) Cost-of-living adjustment
8	(1) In general.
9	The cost-of-living adjustment for any calendar year is the percentage (if any) by which:
10	(a) The CPI for the preceding calendar year exceeds
11	(b) The CPI for the base year.
12	(2) CPI for any calendar year.
13	For purposes of paragraph (1), the CPI for any calendar year is the average of the
14	Consumer Price Index as of the close of the twelve (12) month period ending on August 31 of
15	such calendar year.
16	(3) Consumer Price Index
17	For purposes of paragraph (2), the term "consumer price index" means the last consumer
18	price index for all urban consumers published by the department of labor. For purposes of the
19	preceding sentence, the revision of the consumer price index which is most consistent with the
20	consumer price index for calendar year 1986 shall be used.
21	(4) Rounding.
22	(a) In general.
23	If any increase determined under paragraph (1) is not a multiple of $50, such increase
24	shall be rounded to the next lowest multiple of $50.
25	(b) In the case of a married individual filing a separate return, subparagraph (a)
26	shall be applied by substituting "$25" for $50 each place it appears.
27	(K) Credits against tax. For tax years beginning on or after January 1, 2001, a
28	taxpayer entitled to any of the following federal credits enacted prior to January 1, 1996 shall be
29	entitled to a credit against the Rhode Island tax imposed under this section:
30	(1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5].
31	(2) Child and dependent care credit;
32	(3) General business credits;
33	(4) Credit for elderly or the disabled;
34	(5) Credit for prior year minimum tax;
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1	(6) Mortgage interest credit;
2	(7) Empowerment zone employment credit;
3	(8) Qualified electric vehicle credit.
4	(L) Credit against tax for adoption. For tax years beginning on or after January 1,
5	2006, a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the
6	Rhode Island tax imposed under this section if the adopted child was under the care, custody, or
7	supervision of the Rhode Island department of children, youth and families prior to the adoption.
8	(M) The credit shall be twenty-five percent (25%) of the aforementioned federal
9	credits provided there shall be no deduction based on any federal credits enacted after January 1,
10	1996, including the rate reduction credit provided by the federal Economic Growth and Tax
11	Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be
12	reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax
13	purposes shall determine the Rhode Island amount to be recaptured in the same manner as
14	prescribed in this subsection.
15	(N) Rhode Island earned income credit
16	(1) In general.
17	For tax years beginning before January 1, 2015 a taxpayer entitled to a federal earned
18	income credit shall be allowed a Rhode Island earned income credit equal to twenty-five percent
19	(25%) of the federal earned income credit. Such credit shall not exceed the amount of the Rhode
20	Island income tax.
21	For tax years beginning on or after January, 1, 2015 and before January 1, 2016, a
22	taxpayer entitled to a federal earned income credit shall be allowed a Rhode Island earned income
23	credit equal to ten percent (10%) of the federal earned income credit. Such credit shall not exceed
24	the amount of the Rhode Island income tax.
25	For tax years beginning on or after January, 1, 2016 and before January 1, 2017, a
26	taxpayer entitled to a federal earned income credit shall be allowed a Rhode Island earned income
27	credit equal to twelve and one-half percent (12.5%) of the federal earned income credit. Such
28	credit shall not exceed the amount of the Rhode Island income tax.
29	For tax years beginning on or after January, 1, 2017, a taxpayer entitled to a federal
30	earned income credit shall be allowed a Rhode Island earned income credit equal to fifteen
31	percent (15%) of the federal earned income credit. Such credit shall not exceed the amount of the
32	Rhode Island income tax.
33	(2) Refundable portion.
34	In the event the Rhode Island earned income credit allowed under paragraph (N)(1) of
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1	this section (J) exceeds the amount of Rhode Island income tax, a refundable earned income
2	credit shall be allowed as follows.
3	(i) For tax years beginning before January 1, 2015, for purposes of paragraph (2)
4	refundable earned income credit means fifteen percent (15%) of the amount by which the Rhode
5	Island earned income credit exceeds the Rhode Island income tax.
6	(a)(ii) For tax years beginning on or after January 1, 2015, For for purposes of
7	paragraph (2) refundable earned income credit means one hundred percent (100%) of the amount
8	by which the Rhode Island earned income credit exceeds the Rhode Island income tax.
9	(O) The tax administrator shall recalculate and submit necessary revisions to
10	paragraphs (A) through (J) to the general assembly no later than February 1, 2010 and every three
11	(3) years thereafter for inclusion in the statute.
12	(3) For the period January 1, 2011 through December 31, 2011, and thereafter,
13	"Rhode Island taxable income" means federal adjusted gross income as determined under the
14	Internal Revenue Code, 26 U.S.C. 1 et seq., and as modified for Rhode Island purposes pursuant
15	to § 44-30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to
16	subparagraph 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant of
17	subparagraph 44-30-2.6(c)(3)(C).
18	(A) Tax imposed.
19	(I) There is hereby imposed on the taxable income of married individuals filing
20	joint returns, qualifying widow(er), every head of household, unmarried individuals, married
21	individuals filing separate returns and bankruptcy estates, a tax determined in accordance with the
22	following table:
23	RI Taxable Income RI Income Tax
24	Over But not over Pay+% on Excess On the amount
25	over
26	$0- $55,000 $0+3.75% $0
27	$55,000 $125,000 $2,063 +4.75% $55,000
28	$125,000 $5,388+5.99% $125,000
29	(II) There is hereby imposed on the taxable income of an estate or trust a tax
30	determined in accordance with the following table:
31	RI Taxable Income RI Income Tax
32	Over But not over Pay+% on Excess On the amount
33	over
34	$0- $2,230 $0+3.75% $0
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1	$2,230 $7,022 $84+4.75% $2,230
2	$7,022 $312+5.99 $7,022
3	(B) Deductions:
4	(I) Rhode Island Basic Standard Deduction.
5	Only the Rhode Island standard deduction shall be allowed in accordance with
6	the following table:
7	Filing status: Amount
8	Single $7,500
9	Married filing jointly or qualifying widow(er) $15,000
10	Married filing separately $7,500
11	Head of Household $11,250
12	(II) Nonresident alien individuals, estates and trusts are not eligible for standard
13	deductions.
14	(III) In the case of any taxpayer whose adjusted gross income, as modified for
15	Rhode Island purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-
16	five thousand dollars ($175,000), the standard deduction amount shall be reduced by the
17	applicable percentage. The term "applicable percentage" means twenty (20) percentage points for
18	each five thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross
19	income for the taxable year exceeds one hundred seventy-five thousand dollars ($175,000).
20	(C) Exemption Amount:
21	(I) The term "exemption amount" means three thousand five hundred dollars
22	($3,500) multiplied by the number of exemptions allowed for the taxable year for federal income
23	tax purposes.
24	(II) Exemption amount disallowed in case of certain dependents. In the case of an
25	individual with respect to whom a deduction under this section is allowable to another taxpayer
26	for the same taxable year, the exemption amount applicable to such individual for such
27	individual's taxable year shall be zero.
28	(D) In the case of any taxpayer whose adjusted gross income, as modified for
29	Rhode Island purposes pursuant to § 33-30-12, for the taxable year exceeds one hundred seventy-
30	five thousand dollars ($175,000), the exemption amount shall be reduced by the applicable
31	percentage. The term "applicable percentage" means twenty (20) percentage points for each five
32	thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for
33	the taxable year exceeds one hundred seventy-five thousand dollars ($175,000).
34	(E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-
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1	30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an
2	amount equal to:
3	(I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-
4	2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000,
5	multiplied by;
6	(II) The cost-of-living adjustment with a base year of 2000.
7	(III) For the purposes of this section the cost-of-living adjustment for any
8	calendar year is the percentage (if any) by which the consumer price index for the preceding
9	calendar year exceeds the consumer price index for the base year. The consumer price index for
10	any calendar year is the average of the consumer price index as of the close of the twelve (12)
11	month period ending on August 31, of such calendar year.
12	(IV) For the purpose of this section the term "consumer price index" means the
13	last consumer price index for all urban consumers published by the department of labor. For the
14	purpose of this section the revision of the consumer price index which is most consistent with the
15	consumer price index for calendar year 1986 shall be used.
16	(V) If any increase determined under this section is not a multiple of fifty dollars
17	($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the
18	case of a married individual filing separate return, if any increase determined under this section is
19	not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower
20	multiple of twenty-five dollars ($25.00).
21	(E) Credits against tax.
22	(I) Notwithstanding any other provisions of Rhode Island Law, for tax years
23	beginning on or after January 1, 2011, the only credits allowed against a tax imposed under this
24	chapter shall be as follows:
25	(a) Rhode Island Earned Income Credit: Credit shall be allowed for earned
26	income credit pursuant to subparagraph 44-30-2.6(c)(2)(N).
27	(b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as
28	provided in § 44-33-1 et seq.
29	(c) Lead Paint Credit: Credit shall be allowed for residential lead abatement
30	income tax credit as provided in § 44-30.3-1 et seq.
31	(d) Credit for income taxes of other states. Credit shall be allowed for income tax
32	paid to other states pursuant to § 44-30-74.
33	(e) Historic Structures Tax Credit: Credit shall be allowed for historic structures
34	tax credit as provided in § 44-33.2-1 et seq.
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1	(f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion
2	picture production tax credit as provided in § 44-31.2-1 et seq.
3	(g) Child and Dependent Care: Credit shall be allowed for twenty-five percent
4	(25%) of the federal child and dependent care credit allowable for the taxable year for federal
5	purposes; provided, however, such credit shall not exceed the Rhode Island tax liability.
6	(h) Tax credits for contributions to Scholarship Organizations: Credit shall be
7	allowed for contributions to scholarship organizations as provided in § 44-62 et seq.
8	(i) Credit for tax withheld. Wages upon which tax is required to be withheld shall
9	be taxable as if no withholding were required, but any amount of Rhode Island personal income
10	tax actually deducted and withheld in any calendar year shall be deemed to have been paid to the
11	tax administrator on behalf of the person from whom withheld, and the person shall be credited
12	with having paid that amount of tax for the taxable year beginning in that calendar year. For a
13	taxable year of less than twelve (12) months, the credit shall be made under regulations of the tax
14	administrator.
15	(j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested
16	in RI wavemaker fellowship program as provided in § 42-64.26-1 et seq.
17	(k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as
18	provided in § 42-64.20-1 et seq.
19	(l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for
20	Rhode Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq.
21	(2) Except as provided in section 1 above, no other state and federal tax credit shall be
22	available to the taxpayers in computing tax liability under this chapter.
23	SECTION 3. This article shall take effect upon passage.
24	ARTICLE 14
25	RELATING TO CAREGIVERS/COMPASSION CENTERS
26	SECTION 1. Sections 21-28.6-3, 21-28.6-4, 21-28.6-5, 21-28.6-6, 21-28.6-9, 21-28.6-12,
27	and 21-28.6-14 of the General Laws in Chapter 21-28.6 entitled "The Edward O. Hawkins and
28	Thomas C. Slater Medical Marijuana Act" are hereby amended to read as follows:
29	§ 21-28.6-3. Definitions. – For the purposes of this chapter:
30	(1) “Authorized purchaser” means a natural person, who is at least twenty-one (21) years
31	old, and who is registered with the department of health for the purposes of assisting a qualifying
32	patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no
33	more than one (1) patient, and is prohibited from consuming marijuana obtained for the use of the
34	qualifying patient. An authorized purchaser shall be registered with the department of health and
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1	shall possesses a valid registry identification card.
2	(1)(2) "Cardholder" means a qualifying patient or a primary caregiver person who has
3	been registered or licensed with the department of health or the department of business regulation
4	pursuant to this chapter, and has been issued and possesses a valid registry identification card or
5	license.
6	(3) “Caregiver cardholder” means a primary caregiver who has registered with the
7	department of business regulation and has been issued and possesses a valid registry
8	identification card.
9	(4) “Commercial unit” means a building, office, suite, or room within a commercial or
10	industrial building for use by one business or person and rented or owned by that business or
11	person.
12	(2)(5) "Compassion center" means:
13	(i) a not-for-profit corporation, subject to the provisions of chapter 6 of title 7, and
14	registered under § 21-28.6-12, that acquires, possesses, cultivates, manufactures, delivers,
15	transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational
16	materials, to patient cardholders and/or their registered caregiver cardholder or authorized
17	purchaser, who have designated it as one of their primary caregivers.
18	(ii)(6) "Compassion center cardholder" means a principal officer, board member,
19	employee, volunteer, or agent of a compassion center who has registered with the department of
20	business regulation and has been issued and possesses a valid registry identification card.
21	(3)(7) "Debilitating medical condition" means:
22	(i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired
23	immune deficiency syndrome, Hepatitis C, or the treatment of these conditions;
24	(ii) A chronic or debilitating disease or medical condition, or its treatment, that produces
25	one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain;
26	severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe
27	and persistent muscle spasms, including but not limited to, those characteristic of multiple
28	sclerosis or Crohn's disease; or agitation of Alzheimer's Disease; or
29	(iii) Any other medical condition or its treatment approved by the department of health,
30	as provided for in § 21-28.6-5.
31	(8) “Department of business regulation” means the Rhode Island department of business
32	regulation or its successor agency.
33	(4)(9) "Department of health" means the Rhode Island department of health or its
34	successor agency.
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1	(10) “Dwelling unit” means the room or group of rooms within a dwelling used or
2	intended for use by one family or household, or by no more than three (3) unrelated individuals,
3	for living, sleeping, cooking and eating.
4	(11) “Flammable chemical extraction” means the creation of marijuana concentrates
5	through flammable solvents including but not limited to butane, hexane, and propane.
6	(12) “Licensed cultivator” means a means a person as defined in § 43-3-6, who has been
7	licensed by the department of business regulation to cultivate marijuana pursuant to § 21-28.6-17.
8	(5)(13) "Marijuana" has the meaning given that term in § 21-28-1.02(26).
9	(6)(14) "Mature marijuana plant" means a marijuana plant that has flowers or buds that
10	are readily observable by an unaided visual examination.
11	(7)(15) "Medical use" means the acquisition, possession, cultivation, manufacture, use,
12	delivery, transfer, or transportation of marijuana or paraphernalia relating to the consumption of
13	marijuana to alleviate a patient cardholder's debilitating medical condition or symptoms
14	associated with the medical condition.
15	(16) “Patient cardholder” means a qualifying patient who has registered with the
16	department of health and has been issued and possesses a valid registry identification card.
17	(8)(17) "Practitioner" means a person who is licensed with authority to prescribe drugs
18	pursuant to chapter 37 of title 5 or a physician licensed with authority to prescribe drugs in
19	Massachusetts or Connecticut.
20	(9)(18) "Primary caregiver" means either a natural person, who is at least twenty-one (21)
21	years old, or a compassion center, and who is registered with the department of business
22	regulation for the purpose of assisting not . A natural person primary caregiver may assist no
23	more than five (5) qualifying patients with their medical use of marijuana. If a primary caregiver
24	is simultaneously registered as a patient cardholder, that caregiver shall count themselves in
25	regards to this patient limit and shall not assist more than four (4) other qualifying patients.
26	(10)(19) "Qualifying patient" means a person who has been diagnosed by a practitioner as
27	having a debilitating medical condition and is a resident of Rhode Island.
28	(11)(20) "Registry identification card" means a document issued by the department of
29	health that identifies a person as a registered qualifying patient or authorized purchaser, or a
30	document issued by the department of business regulation that identifies a person as, a registered
31	primary caregiver, a licensed cultivator, a licensed cooperative cultivation, or a registered
32	principal officer, board member, employee, volunteer, or agent of a compassion center
33	compassion center cardholder.
34	(12)(21) "Seedling" means a marijuana plant with no observable flowers or buds.
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1	(13)(22) "Unusable marijuana" means marijuana seeds, stalks, seedlings, and unusable
2	roots.
3	(14)(23) "Usable marijuana" means the dried leaves and flowers of the marijuana plant,
4	and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the
5	plant.
6	(15)(24) "Written certification" means the qualifying patient's medical records, and a
7	statement signed by a practitioner, stating that in the practitioner's professional opinion, the
8	potential benefits of the medical use of marijuana would likely outweigh the health risks for the
9	qualifying patient. A written certification shall be made only in the course of a bona fide,
10	practitioner-patient relationship after the practitioner has completed a full assessment of the
11	qualifying patient's medical history. The written certification shall specify the qualifying patient's
12	debilitating medical condition or conditions.
13	§ 21-28.6-4. Protections for the medical use of marijuana. – (a) A patient cardholder
14	who has in his or her possession a registry identification card shall not be subject to arrest,
15	prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited
16	to, civil penalty or disciplinary action by a business or occupational or professional licensing
17	board or bureau, for the medical use of marijuana; provided, that the patient cardholder possesses
18	an amount of marijuana that does not exceed twelve (12) mature six (6) marijuana plants which
19	are accompanied by valid medical marijuana tags issued by the department of business regulation,
20	and two and one-half (2.5) ounces of usable marijuana. Said plants shall be stored in an indoor
21	facility. A patient cardholder may not process marijuana through flammable chemical extraction.
22	(b) An authorized purchaser who has in his or her possession a registry identification card
23	shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or
24	privilege, including, but not limited to, civil penalty or disciplinary action by a business or
25	occupational or professional licensing board or bureau, for the possession of marijuana; provided
26	that the authorized purchaser possesses an amount of marijuana that does not exceed two and
27	one-half (2.5) ounces of usable marijuana and this marijuana was purchased legally from a
28	compassion center for the use of their designated qualifying patient.
29	(b)(c) A patient cardholder, who has in his or her possession a registry identification card,
30	shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or
31	privilege, including, but not limited to, civil penalty or disciplinary action by a business or
32	occupational or professional licensing board or bureau, for selling, giving, or distributing to a
33	compassion center cardholder marijuana of the type, and in an amount not to exceed, that set forth
34	in subsection (a) above, that he or she has cultivated or manufactured pursuant to this chapter, to
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1	a compassion center cardholder.
2	(c)(d) No school, employer, or landlord may refuse to enroll, employ, or lease to, or
3	otherwise penalize, a person solely for his or her status as a cardholder. Provided, however, due to
4	the safety and welfare concern for other tenants, the property, and the public, as a whole, a
5	landlord may have the discretion not to lease, or continue to lease, to a cardholder who cultivates
6	marijuana in the leased premises.
7	(d)(e) A primary caregiver cardholder, who has in his or her possession, a registry
8	identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied
9	any right or privilege, including, but not limited to, civil penalty or disciplinary action by a
10	business or occupational or professional licensing board or bureau, for assisting a patient
11	cardholder, to whom he or she is connected through the department's department of health’s
12	registration process, with the medical use of marijuana; provided, that the primary caregiver
13	cardholder possesses an amount of marijuana that does not exceed twelve (12) mature six (6)
14	marijuana plants which are accompanied by valid medical marijuana tags issued by the
15	department of business regulation and two and one-half (2.5) ounces of usable marijuana for each
16	patient cardholder to whom he or she is connected through the department's department of
17	health's registration process. A primary caregiver cardholder may not process marijuana through
18	flammable chemical extraction.
19	(e) A cardholder shall be allowed to possess a reasonable amount of unusable marijuana,
20	including up to twelve (12) seedlings, that shall not be counted toward the limits in this section.
21	(f) There shall exist a presumption that a cardholder is engaged in the medical use of
22	marijuana if the cardholder:
23	(1) Is in possession of a registry identification card; and
24	(2) Is in possession of an amount of marijuana that does not exceed the amount permitted
25	under this chapter. Such presumption may be rebutted by evidence that conduct related to
26	marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical
27	condition or symptoms associated with the medical condition.
28	(g) A primary caregiver cardholder or authorized purchaser may receive reimbursement
29	for costs associated with assisting a patient cardholder's medical use of marijuana. Compensation
30	shall not constitute sale of controlled substances.
31	(h) A natural person primary caregiver cardholder, who has in his or her possession a
32	registry identification card, shall not be subject to arrest, prosecution, or penalty in any manner,
33	or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action
34	by a business or occupational or professional licensing board or bureau, for selling, giving, or
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1	distributing marijuana to a compassion center cardholder, of the type, and in an amount not to
2	exceed that, set forth in subsection (d)(e) above, to a compassion center cardholder if:
3	(1) The natural person primary caregiver cardholder cultivated the marijuana pursuant to
4	this chapter, not to exceed the limits of paragraph (de) above; and
5	(2) Each patient cardholder the caregiver cardholder is connected with through the
6	department's department of health's registration process has been provided an adequate amount of
7	the marijuana to meet his or her medical needs, not to exceed the limits of subsection (a) above.
8	(i) A licensed cultivator, who has in his or her possession a license, shall not be subject to
9	arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not
10	limited to, civil penalty or disciplinary action by a business or occupational or professional
11	licensing board or bureau, for selling, giving, or distributing marijuana to a compassion center
12	cardholder, of the type, and in an amount not to exceed the limit set forth in department of
13	business regulation regulations, if:
14	(1) The licensed cultivator cultivated the marijuana pursuant to this chapter, not to exceed
15	the limits established by the department of business regulation pursuant to § 21-28.6-17(c);
16	(2) All marijuana plants grown by the licensed cultivator are accompanied by valid
17	medical marijuana tags issued by the department of business regulation;
18	(3) The licensed cultivator has not engaged in the sale of marijuana to anyone but a
19	compassion center cardholder; and
20	(4) The licensed cultivator has complied with all applicable regulations promulgated by
21	the department of business regulation.
22	(i)(j) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner,
23	or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action
24	by the Rhode Island board of medical licensure and discipline, or by any other business or
25	occupational or professional licensing board or bureau solely for providing written certifications,
26	or for otherwise stating that, in the practitioner's professional opinion, the potential benefits of the
27	medical marijuana would likely outweigh the health risks for a patient.
28	(j)(k) Any interest in, or right to, property that is possessed, owned, or used in connection
29	with the medical use of marijuana, or acts incidental to such use, shall not be forfeited.
30	(k)(l) No person shall be subject to arrest or prosecution for constructive possession,
31	conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the
32	presence or vicinity of the medical use of marijuana as permitted under this chapter, or for
33	assisting a patient cardholder with using or administering marijuana.
34	(l)(m) A practitioner, nurse, physician’s assistant, or pharmacist shall not be subject to
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1	arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not
2	limited to, civil penalty or disciplinary action by a business or occupational or professional
3	licensing board or bureau solely for discussing the benefits or health risks of medical marijuana
4	or its interaction with other substances with a patient.
5	(m)(n) A registry identification card, or its equivalent, issued under the laws of another
6	state, U.S. territory, or the District of Columbia, to permit the medical use of marijuana by a
7	patient with a debilitating medical condition, or to permit a person to assist with the medical use
8	of marijuana by a patient with a debilitating medical condition, shall have the same force and
9	effect as a registry identification card issued by the department of health or license issued by the
10	department of business regulation.
11	(n)(o) Notwithstanding the provisions of § 21-28.6-4(d) or § 21-28.6-4(e), no primary
12	caregiver cardholder, other than a compassion center, shall possess an amount of marijuana in
13	excess of twenty-four (24) marijuana plants and five (5) ounces of usable marijuana for patient
14	cardholders to whom he or she is connected through the department's department of health's
15	registration process.
16	(o) A cardholder may give marijuana to another cardholder to whom they are not
17	connected by the department's registration process, provided that no consideration is paid for the
18	marijuana, and that the recipient does not exceed the limits specified in § 21-28.6-4.
19	(p) Except for licensed compassion centers, licensed cooperative cultivations, and
20	licensed cultivators, no more than twenty-four (24) marijuana plants shall be grown or otherwise
21	located at any one dwelling unit or commercial unit. The number of patients or primary
22	caregivers residing, owning, renting, growing or otherwise operating at a dwelling or commercial
23	unit does not affect this limit. Patient cardholders and primary caregiver cardholders electing to
24	grow marijuana shall only grow at one premises, and this premises shall be registered with the
25	department of business regulation. The department of business regulation shall promulgate
26	regulations to enforce this provision.
27	(p)(q) For the purposes of medical care, including organ transplants, a patient
28	cardholder's authorized use of marijuana shall be considered the equivalent of the authorized use
29	of any other medication used at the direction of a physician, and shall not constitute the use of an
30	illicit substance.
31	§ 21-28.6-5. Department of health to issue regulations. – (a) Not later than ninety (90)
32	days after the effective date of this chapter, the department of health shall promulgate regulations
33	governing the manner in which it shall consider petitions from the public to add debilitating
34	medical conditions to those included in this chapter. In considering such petitions, the department
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1	of health shall include public notice of, and an opportunity to comment in a public hearing, upon
2	such petitions. The department of health shall, after hearing, approve or deny such petitions
3	within one hundred eighty (180) days of submission. The approval or denial of such a petition
4	shall be considered a final department of health action, subject to judicial review. Jurisdiction and
5	venue for judicial review are vested in the superior court. The denial of a petition shall not
6	disqualify qualifying patients with that condition, if they have a debilitating medical condition as
7	defined in subdivision 21-28.6-3(3)(7). The denial of a petition shall not prevent a person with the
8	denied condition from raising an affirmative defense.
9	(b) Not later than ninety (90) days after the effective date of this chapter, the department
10	The department of health shall promulgate regulations governing the manner in which it shall
11	consider applications for and renewals of registry identification cards for qualifying patients and
12	primary caregivers authorized purchasers. The department of health's regulations shall establish
13	application and renewal fees that generate revenues sufficient to offset all expenses of
14	implementing and administering this chapter. The department of health may vary the application
15	and renewal fees along a sliding scale that accounts for a qualifying patient's or caregiver's
16	income. The department of health may accept donations from private sources in order to reduce
17	the application and renewal fees.
18	(c) The department of health, in conjunction with the department of business regulation,
19	shall promulgate regulations in accordance with the administrative procedures act, chapter 35 of
20	title 42, governing how all information and data collected pursuant to chapter 21-28.6 will be
21	maintained, utilized, and accessed.
22	§ 21-28.6-6. Administration of department of health regulations. – (a) The department
23	of health shall issue registry identification cards to qualifying patients age 18 and over who
24	submit the following, in accordance with the department's department of health's regulations:
25	(1) Written certification as defined in § 21-28.6-3(15)(24) of this chapter;
26	(2) Application or renewal fee;
27	(3) Name, address, and date of birth of the qualifying patient; provided, however, that if
28	the patient is homeless, no address is required;
29	(4) Name, address, and telephone number of the qualifying patient's practitioner; and
30	(5) A patient may elect either one (1) primary caregiver or one (1) authorized purchaser,
31	but not both. If a patient elects a primary caregiver or an authorized purchaser, the patient shall
32	provide that person’s name Name, address, and date of birth of each primary caregiver of the
33	qualifying patient or one (1) authorized purchaser for the qualifying patient, if any. If a patient
34	plans to grow marijuana and purchase medical marijuana tags pursuant to § 21-28.6-15, that
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1	patient shall not name a primary caregiver or authorized purchaser.
2	(b) The department of health shall not issue a registry identification card to a qualifying
3	patient under the age of eighteen (18) unless:
4	(1) The qualifying patient's practitioner has explained the potential risks and benefits of
5	the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having
6	legal custody of the qualifying patient; and
7	(2) A parent, guardian, or person having legal custody consents in writing to:
8	(i) Allow the qualifying patient's medical use of marijuana;
9	(ii) Serve as one of the qualifying patient's primary caregivers caregiver or authorized
10	purchaser; and
11	(iii) Control the acquisition of the marijuana, the dosage, and the frequency of the
12	medical use of marijuana by the qualifying patient.
13	(c) The department of health shall verify the information contained in an application or
14	renewal submitted pursuant to this section, and shall approve or deny an application or renewal
15	within fifteen (15) days of receiving it.in a time period specified in regulation. The department of
16	health may deny an application or renewal only if the applicant did not provide the information
17	required pursuant to this section, or if the department of health determines that the information
18	provided was falsified. Rejection of an application or renewal is considered a final department of
19	health action, subject to judicial review. Jurisdiction and venue for judicial review are vested in
20	the superior court.
21	(d) If the qualifying patient’s practitioner notifies the department in a written statement
22	that the qualifying patient is eligible for hospice care, the department shall give priority to these
23	applications when verifying the information in accordance with subsection (c) of this section and
24	issuing a registry identification card to these qualifying patients.
25	(d) The department shall issue a registry identification card to each primary caregiver, if
26	any, who is named in a qualifying patient's approved application, up to a maximum of two (2)
27	primary caregivers per qualifying patient.
28	(1) The primary caregiver applicant shall apply to the bureau of criminal identification of
29	the department of attorney general, state police, or local police department for a national criminal
30	records check that shall include fingerprints submitted to the Federal Bureau of Investigation.
31	Upon the discovery of any disqualifying information as defined in § 21-28.6-6(d)(4), and in
32	accordance with the rules promulgated by the director, the bureau of criminal identification of the
33	department of attorney general, state police, or the local police department shall inform the
34	applicant, in writing, of the nature of the disqualifying information; and, without disclosing the
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1	nature of the disqualifying information, shall notify the department, in writing, that disqualifying
2	information has been discovered.
3	(2) In those situations in which no disqualifying information has been found, the bureau
4	of criminal identification of the department of attorney general, state police, or the local police
5	shall inform the applicant and the department, in writing, of this fact.
6	(3) The department shall maintain on file evidence that a criminal records check has been
7	initiated on all applicants seeking a primary caregiver registry identification card and the results
8	of the checks. The primary caregiver cardholder shall not be required to apply for a national
9	criminal records check for each patient he or she is connected to through the department's
10	registration process, provided that he or she has applied for a national criminal records check
11	within the previous two (2) years in accordance with this chapter. The department shall not
12	require a primary caregiver cardholder to apply for a national criminal records check more than
13	once every two (2) years.
14	(4) Information produced by a national criminal records check pertaining to a conviction
15	for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act"),
16	murder, manslaughter, rape, first-degree sexual assault, second-degree sexual assault, first-degree
17	child molestation, second-degree child molestation, kidnapping, first-degree arson, second-degree
18	arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon,
19	assault or battery involving grave bodily injury, and/or assault with intent to commit any offense
20	punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the
21	applicant and the department disqualifying the applicant. If disqualifying information has been
22	found, the department may use its discretion to issue a primary caregiver registry identification
23	card if the applicant's connected patient is an immediate family member and the card is restricted
24	to that patient only.
25	(5) The primary caregiver applicant shall be responsible for any expense associated with
26	the national criminal records check.
27	(6) For purposes of this section "conviction" means, in addition to judgments of
28	conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances
29	where the defendant has entered a plea of nolo contendere and has received a sentence of
30	probation and those instances where a defendant has entered into a deferred sentence agreement
31	with the attorney general.
32	(e)(d) The department of health shall issue registry identification cards within five (5)
33	days of approving an application or renewal that shall expire two (2) years after the date of
34	issuance. Registry identification cards shall contain:
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1	(1) The date of issuance and expiration date of the registry identification card;
2	(2) A random registry identification number;
3	(3) A photograph; and
4	(4) Any additional information as required by regulation or the department of health.
5	(f)(e) Persons issued registry identification cards by the department of health shall be
6	subject to the following:
7	(1) A patient cardholder shall notify the department of health of any change in the patient
8	cardholder's name, address, or primary caregiver or authorized purchaser; or if he or she ceases to
9	have his or her debilitating medical condition, within ten (10) days of such change.
10	(2) A patient cardholder who fails to notify the department of health of any of these
11	changes is responsible for a civil infraction, punishable by a fine of no more than one hundred
12	fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating medical
13	condition, the card shall be deemed null and void and the person shall be liable for any other
14	penalties that may apply to the person's nonmedical use of marijuana.
15	(3) A primary caregiver cardholder or compassion center An authorized purchaser shall
16	notify the department of health of any change in his or her name or address within ten (10) days
17	of such change. A primary caregiver cardholder or compassion center An authorized purchaser
18	cardholder who fails to notify the department of any of these changes is responsible for a civil
19	infraction, punishable by a fine of no more than one hundred fifty dollars ($150).
20	(4) When a patient cardholder or primary caregiver cardholder notifies the department of
21	health of any changes listed in this subsection, the department of health shall issue the patient
22	cardholder and each primary caregiver cardholder a new registry identification card within ten
23	(10) days of after receiving the updated information and a ten-dollar ($10.00) fee specified in
24	regulation. When a compassion center cardholder notifies the department of any changes listed in
25	this subsection, the department shall issue the cardholder a new registry identification card within
26	ten (10) days of receiving the updated information and a ten-dollar ($10.00) fee.
27	(5) When a patient cardholder changes his or her primary caregiver, the department of
28	health shall notify the primary caregiver cardholder within ten (10) days. The primary caregiver
29	department of business regulation, and the department of business regulation shall be entitled to
30	take action pursuant to § 21-28.6-16(b)(1). When a patient cardholder changes his or her
31	authorized purchaser, the authorized purchaser's protections as provided in this chapter as to that
32	patient shall expire within ten (10) days. after notification. If the primary caregiver cardholder is
33	connected to no other patient cardholders in the program, he or she must return his or her registry
34	identification card to the department.
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1	(6) If a cardholder registered by the department of health loses his or her registry
2	identification card, he or she shall notify the department of health and submit a ten dollar ($10.00)
3	fee fee specified in regulation within ten (10) days of losing the card. Within five (5) days, the
4	The department of health shall issue a new registry identification card with a new random
5	identification number.
6	(7) If a cardholder registered by the department of health willfully violates any provision
7	of this chapter as determined by the department of health, his or her registry identification card
8	may be revoked.
9	(g) Possession of, or application for, a registry identification card shall not constitute
10	probable cause or reasonable suspicion, nor shall it be used to support the search of the person or
11	property of the person possessing or applying for the registry identification card, or otherwise
12	subject the person or property of the person to inspection by any governmental agency.
13	(h)(1) Applications and supporting information submitted by qualifying patients,
14	including information regarding their primary caregivers and practitioners, are confidential and
15	protected under the federal Health Insurance Portability and Accountability Act of 1996, and shall
16	be exempt from the provisions of chapter 2 of title 38 et seq. (Rhode Island access to public
17	records act) and not subject to disclosure, except to authorized employees of the department as
18	necessary to perform official duties of the department, and pursuant to subsection (i) of this
19	section.
20	(2) The application for qualifying patient's registry identification card shall include a
21	question asking whether the patient would like the department to notify him or her of any clinical
22	studies about marijuana's risk or efficacy. The department shall inform those patients who answer
23	in the affirmative of any such studies it is notified of, that will be conducted in Rhode Island. The
24	department may also notify those patients of medical studies conducted outside of Rhode Island.
25	(3) The department shall maintain a confidential list of the persons to whom the
26	department has issued registry identification cards. Individual names and other identifying
27	information on the list shall be confidential, exempt from the provisions of Rhode Island access to
28	public information, chapter 2 of title 38, and not subject to disclosure, except to authorized
29	employees of the department as necessary to perform official duties of the department.
30	(i) Notwithstanding subsection (h) of this section, the department shall verify to law
31	enforcement personnel whether a registry identification card is valid solely by confirming the
32	random registry identification number or name.
33	(j) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one
34	thousand dollar ($1,000) fine, for any person, including an employee or official of the department
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1	or another state agency or local government, to breach the confidentiality of information obtained
2	pursuant to this chapter. Notwithstanding this provision, the department employees may notify
3	law enforcement about falsified or fraudulent information submitted to the department.
4	(k)(f) On or before January 1 of each odd numbered year, the department of health shall
5	report to the house committee on health, education and welfare and to the senate committee on
6	health and human services on the use of marijuana for symptom relief. The report shall provide:
7	(1) The number of applications for registry identification cards, the number of qualifying
8	patients and primary caregivers approved, the nature of the debilitating medical conditions of the
9	qualifying patients, the number of registry identification cards revoked, and the number of
10	practitioners providing written certification for qualifying patients;
11	(2) An evaluation of the costs permitting the use of marijuana for symptom relief,
12	including any costs to law enforcement agencies and costs of any litigation;
13	(3) Statistics regarding the number of marijuana-related prosecutions against registered
14	patients and caregivers, and an analysis of the facts underlying those prosecutions;
15	(4) Statistics regarding the number of prosecutions against physicians for violations of
16	this chapter; and
17	(5) Whether the United States Food and Drug Administration has altered its position
18	regarding the use of marijuana for medical purposes or has approved alternative delivery systems
19	for marijuana.
20	§ 21-28.6-9. Enforcement. – (a) If the department fails to adopt regulations to implement
21	this chapter within one hundred twenty (120) days of the effective date of this act, a qualifying
22	patient may commence an action in a court of competent jurisdiction to compel the department to
23	perform the actions mandated pursuant to the provisions of this chapter.
24	(b) If the department fails to issue a valid registry identification card in response to a
25	valid application submitted pursuant to this chapter within thirty-five (35) days of its submission,
26	the registry identification card shall be deemed granted and a copy of the registry identification
27	application shall be deemed a valid registry identification card.
28	(c)(a) The department of health and the department of business regulation shall revoke
29	and shall not reissue the registry identification card or license of any cardholder or licensee who
30	is convicted of; placed on probation; whose case is filed pursuant to § 12-10-12 where the
31	defendant pleads nolo contendere; or whose case is deferred pursuant to § 12-19-19 where the
32	defendant pleads nolo contendere for any felony offense under chapter 28 of title 21 ("Rhode
33	Island Controlled Substances Act") or a similar offense from any other jurisdiction.
34	(d) If a cardholder exceeds the possession limits set forth in §§ 21-28.6-4 or 21-28.6-14,
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1	he or she shall (b) If a cardholder of licensee fails to comply with the requirements of this
2	chapter 21-28.6 or any regulations promulgated hereunder, such cardholder’s registry
3	identification card or license shall be subject to suspension and/or revocation by the department
4	that issued such registry identification card or license and that department shall be entitled to
5	impose upon the cardholder an administrative penalty as prescribed by regulation. If a cardholder
6	exceeds the possession limits set forth in § 21-28.6-4 or fails to comply with the sale restrictions
7	under this chapter or regulations promulgated hereunder, such cardholder shall also be subject to
8	arrest and prosecution under chapter 28 of title 21 ("Rhode Island Controlled Substances Act").
9	(c) Possession of, or application for, a registry identification card or license by a
10	qualifying patient, authorized purchaser, primary caregiver, cultivator, cooperative cultivation, or
11	compassion center shall not constitute probable cause or reasonable suspicion, nor shall it be used
12	to support the search of the person or property of the person possessing or applying for the
13	registry identification card or license, or otherwise subject the person or property of the person to
14	inspection by any governmental agency other than administrative inspection in accordance with
15	this chapter 21-28.6.
16	§ 21-28.6-12. Compassion centers. – (a) A compassion center registered licensed under
17	this section may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or
18	dispense marijuana, or related supplies and educational materials, to registered qualifying patients
19	and either their registered primary caregivers who have designated it as one of their primary
20	caregivers. A compassion center is a primary caregiver. or authorized purchaser. Except as
21	specifically provided to the contrary, all provisions of the Edward O. Hawkins and Thomas C.
22	Slater Medical Marijuana Act, §§ 21-28.6-1 – 21-28.6-11, and §§ 21-28.6-13 – 21-28.6-20 apply
23	to a compassion center unless they conflict with a provision contained in § 21-28.6-12.
24	(b) Registration Licensing of compassion centers–department of business regulation
25	authority:
26	(1) Not later than ninety (90) days after the effective date of this chapter, The department
27	of business regulation shall promulgate regulations governing the manner in which it shall
28	consider applications for registration certificates for the licensing of compassion centers,
29	including regulations governing:
30	(i) The form and content of registration licensing and renewal applications;
31	(ii) Minimum oversight requirements for compassion centers;
32	(iii) Minimum record-keeping requirements for compassion centers;
33	(iv) Minimum security requirements for compassion centers; and
34	(v) Procedures for suspending, revoking or terminating the registration license of
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1	compassion centers that violate the provisions of this section or the regulations promulgated
2	pursuant to this subsection.
3	(2) Within ninety (90) days of the effective date of this chapter, the department shall
4	begin accepting applications for the operation of a single compassion center.
5	(3) Within one hundred fifty (150) days of the effective date of this chapter, the
6	department shall provide for at least one public hearing on the granting of an application to a
7	single compassion center.
8	(4) Within one hundred ninety (190) days of the effective date of this chapter, the
9	department shall grant a single registration certificate to a single compassion center, providing at
10	least one applicant has applied who meets the requirements of this chapter.
11	(5) If at any time after fifteen (15) months after the effective date of this chapter, there is
12	no operational compassion center in Rhode Island, the department shall accept applications,
13	provide for input from the public, and issue a registration certificate for a compassion center if a
14	qualified applicant exists.
15	(6) Within two (2) years of the effective date of this chapter, the department shall begin
16	accepting applications to provide registration certificates for two (2) additional compassion
17	centers. The department shall solicit input from the public, and issue registration certificates if
18	qualified applicants exist.
19	(7) Any time a compassion center registration certificate is revoked, is relinquished, or
20	expires, the department shall accept applications for a new compassion center.
21	(8) If at any time after three (3) years after the effective date of this chapter, fewer than
22	three (3) compassion centers are holding valid registration certificates in Rhode Island, the
23	department shall accept applications for a new compassion center. No more than three (3)
24	compassion centers may hold valid registration certificates at one time.
25	(9)(2) Any compassion center application selected for approval by the department of
26	health prior to January July 1, 2012 2016, shall remain in full force and effect, notwithstanding
27	any provisions of this chapter to the contrary, and shall be subject to state law adopted herein and
28	rules and regulations adopted by the department subsequent to passage of this legislation .of
29	health and the department of business regulation. All compassion center registrations issued
30	before July 1, 2016 shall expire two (2) years after they were initially issued, and compassion
31	centers must apply for a renewal with the department of business regulation.
32	(3) By January 1, 2017, the department of business regulation will produce a report which
33	will analyze the current number of compassion centers, evaluate how those centers are serving
34	overall patient need throughout the state, and make recommendations about any change in the
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1	number of compassion centers.
2	(c) Compassion center and agent applications and registration:
3	(1) Each application for a compassion center shall include:
4	(i) A non-refundable application fee paid to the department of business regulation in the
5	an amount of two hundred fifty dollars ($250); specified in regulation;
6	(ii) The proposed legal name and proposed articles of incorporation of the compassion
7	center;
8	(iii) The proposed physical address of the compassion center, if a precise address has
9	been determined, or, if not, the general location where it would be located. This may include a
10	second location for the cultivation of medical marijuana;
11	(iv) A description of the enclosed, locked facility that would be used in the cultivation of
12	marijuana;
13	(v) The name, address, and date of birth of each principal officer and board member of
14	the compassion center;
15	(vi) Proposed security and safety measures which shall include at least one security alarm
16	system for each location, planned measures to deter and prevent the unauthorized entrance into
17	areas containing marijuana and the theft of marijuana, as well as a draft employee instruction
18	manual including security policies, safety and security procedures, personal safety and crime
19	prevention techniques; and
20	(vii) Proposed procedures to ensure accurate record keeping;
21	(2) Any time one or more compassion center registration applications are being
22	considered, the department of business regulation shall also allow for comment by the public and
23	shall solicit input from registered qualifying patients, registered primary caregivers; and the
24	towns or cities where the applicants would be located;
25	(3) Each time a compassion center certificate is granted, the decision shall be based
26	upon The department of business regulation, in consultation with the department of health and the
27	state police, shall promulgate regulations regarding the evaluation criteria and prioritization to be
28	employed in determining whether a compassion center license will be granted, such evaluation to
29	include the overall health needs of qualified patients and the safety of the public, including, but
30	not limited to, the following factors:
31	(i) Convenience to patients from throughout the state of Rhode Island to the compassion
32	centers if the applicant were approved;
33	(ii) The applicant’s' ability to provide a steady supply to the registered qualifying patients
34	in the state;
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1	(iii) The applicant’s' experience running a non-profit or business;
2	(iv) The interests of qualifying patients regarding which whether applicants should be
3	granted a registration certificate license;
4	(v) The interests of the city or town where the dispensary would be located;
5	(vi) The sufficiency of the applicant's plans for record keeping and security, which
6	records shall be considered confidential health care information under Rhode Island law and are
7	intended to be deemed protected health care information for purposes of the Federal Health
8	Insurance Portability and Accountability Act of 1996, as amended; and
9	(vii) The sufficiency of the applicant's plans for safety and security, including proposed
10	location, security devices employed, and staffing;
11	(4) After a compassion center is approved, but before it begins operations, it shall submit
12	the following to the department of business regulation:
13	(i) A fee paid to the department of business regulation in the an amount of five thousand
14	dollars ($5,000); specified in regulation;
15	(ii) The legal name and articles of incorporation of the compassion center;
16	(iii) The physical address of the compassion center; this may include a second address for
17	the secure cultivation of marijuana;
18	(iv) The name, address, and date of birth of each principal officer and board member of
19	the compassion center; and
20	(v) The name, address, and date of birth of any person who will be an agent of, employee
21	or volunteer of the compassion center at its inception.;
22	(5) The department shall track the number of registered qualifying patients who designate
23	each compassion center as a primary caregiver, and issue a written statement to the compassion
24	center of the number of qualifying patients who have designated the compassion center to serve
25	as a primary caregiver for them. This statement shall be updated each time a new registered
26	qualifying patient designates the compassion center or ceases to designate the compassion center
27	and may be transmitted electronically if the department's regulations so provide. The department
28	may provide by regulation that the updated written statements will not be issued more frequently
29	than twice each week;
30	(6)(5) Except as provided in subdivision (76), the department of business regulation shall
31	issue each principal officer, board member, agent, volunteer and employee of a compassion
32	center a registry identification card or renewal card within ten (10) days of after receipt of the
33	person's name, address, date of birth; a fee in an amount established by the department of
34	business regulation; and notification to the department of business regulation by the state police
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1	that the registry identification card applicant has not been convicted of any felony offense under
2	chapter 28 of title 21 ("Rhode Island Controlled Substances Act"), murder, manslaughter, rape,
3	first-degree sexual assault, second-degree sexual assault, first-degree child molestation, second-
4	degree child molestation, kidnapping, first-degree arson, second-degree arson, mayhem, robbery,
5	burglary, breaking and entering, assault with a dangerous weapon, assault or battery involving
6	grave bodily injury, and/or assault with intent to commit any offense punishable as a felony or a
7	similar offense from any other jurisdiction. a felony drug offense or has not entered a plea of nolo
8	contendere for a felony drug offense and received a sentence of probation. Each card shall specify
9	that the cardholder is a principal officer, board member, agent, volunteer, or employee of a
10	compassion center and shall contain the following:
11	(i) The name, address, and date of birth of the principal officer, board member, agent,
12	volunteer or employee;
13	(ii) The legal name of the compassion center to which the principal officer, board
14	member, agent, volunteer or employee is affiliated;
15	(iii) A random identification number that is unique to the cardholder;
16	(iv) The date of issuance and expiration date of the registry identification card; and
17	(v) A photograph, if the department of business regulation decides to require one;
18	(7)(6) Except as provided in this subsection, the department of business regulation shall
19	not issue a registry identification card to any principal officer, board member, agent, volunteer, or
20	employee of a compassion center who has been convicted of a felony drug offense or has entered
21	a plea of nolo contendere for a felony drug offense and received a sentence of probation. The
22	department of business regulation shall notify the compassion center in writing of the purpose for
23	denying the registry identification card. The department of business regulation may grant such
24	person a registry identification card if the department of business regulation determines that the
25	offense was for conduct that occurred prior to the enactment of the Edward O. Hawkins and
26	Thomas C. Slater Medical Marijuana Act or that was prosecuted by an authority other than the
27	state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater Medical
28	Marijuana Act would otherwise have prevented a conviction;
29	(i) All registry identification card applicants shall apply to the state police for a national
30	criminal identification records check that shall include fingerprints submitted to the federal
31	bureau of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo
32	contendere for a felony drug offense with a sentence of probation, and in accordance with the
33	rules promulgated by the director of the department of business regulation, the state police shall
34	inform the applicant, in writing, of the nature of the felony and the state police shall notify the
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1	department of business regulation, in writing, without disclosing the nature of the felony, that a
2	felony drug offense conviction or a plea of nolo contendere for a felony drug offense with
3	probation has been found.
4	(ii) In those situations in which no felony drug offense conviction or plea of nolo
5	contendere for a felony drug offense with probation has been found, the state police shall inform
6	the applicant and the department of business regulation, in writing, of this fact.
7	(iii) All registry identification card applicants shall be responsible for any expense
8	associated with the criminal background check with fingerprints.
9	(8)(7) A registry identification card of a principal officer, board member, agent,
10	volunteer, or employee shall expire one year after its issuance, or upon the expiration of the
11	registered organization's registration certificate, or upon the termination of the principal officer,
12	board member, agent, volunteer or employee's relationship with the compassion center,
13	whichever occurs first.
14	(8) A compassion center cardholder shall notify and request approval from the
15	department of business regulation of any change in his or her name or address within ten (10)
16	days of such change. A compassion center cardholder who fails to notify the department of
17	business regulation of any of these changes is responsible for a civil infraction, punishable by a
18	fine of no more than one hundred fifty dollars ($150).
19	(9) When a compassion center cardholder notifies the department of business regulation
20	of any changes listed in this subsection, the department of business regulation shall issue the
21	cardholder a new registry identification card after the department approves the changes and
22	receives from the cardholder payment of a fee specified in regulation.
23	(10) If a compassion center cardholder loses his or her registry identification card, he or
24	she shall notify the department of business regulation and submit a fee specified in regulation
25	within ten (10) days of losing the card. The department of business regulation shall issue a new
26	registry identification card with a new random identification number.
27	(11) A compassion center cardholder shall notify the department of business regulation of
28	any disqualifying criminal convictions as defined in § 21-28.6-16(c)(5). The department of
29	business regulation may choose to suspend and/or revoke his or her registry identification card
30	after such notification.
31	(12) If a compassion center cardholder violates any provision of this chapter or
32	regulations promulgated hereunder as determined by the department of business regulation, his or
33	her registry identification card may be suspended and/or revoked.
34	(d) Expiration or termination of compassion center:
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1	(1) A compassion center's registration license shall expire two (2) years after its
2	registration certificate license is issued. The compassion center may submit a renewal application
3	beginning sixty (60) days prior to the expiration of its registration certificate license;
4	(2) The department of business regulation shall grant a compassion center's renewal
5	application within thirty (30) days of its after submission if the following conditions are all
6	satisfied:
7	(i) The compassion center submits the materials required under subdivision (c)(4),
8	including a five thousand dollar ($5,000) fee specified in regulation;
9	(ii) The compassion center's registration license has never been suspended or revoked for
10	violations of this chapter or regulations issued pursuant to this chapter;
11	(iii) The legislative oversight committee's report, if issued pursuant to subsection
12	(((j)(4)(j), indicates that the compassion center is adequately providing patients with access to
13	medical marijuana at reasonable rates; and
14	(iv) The legislative oversight committee's report, if issued pursuant to subsection (j)(4)(j),
15	does not raise serious concerns about the continued operation of the compassion center applying
16	for renewal.
17	(3) If the department of business regulation determines that any of the conditions listed in
18	paragraphs (d)(2)(i) – (iv) have not been met, the department shall of business regulation may
19	deny the renewal and begin an open application process for the operation of a compassion center.
20	In granting a new registration certificate, the department of business regulation shall consider
21	factors listed in subdivision (c)(3) of this section;
22	(4) The department of business regulation shall issue a compassion center one or more
23	thirty (30) day temporary registration certificates after that compassion center's registration would
24	otherwise expire if the following conditions are all satisfied:
25	(i) The compassion center previously applied for a renewal and has submitted the
26	required materials and fee, but the department of business regulation had not yet come to a
27	decision;
28	(ii) The compassion center requested a temporary registration certificate; and
29	(iii) The compassion center has not had its registration certificate suspended or revoked
30	due to violations of this chapter or regulations issued pursuant to this chapter.
31	(5) A compassion center's registry identification card shall be subject to revocation if the
32	compassion center:
33	(i) Possesses an amount of marijuana exceeding the limits established by this chapter;
34	(ii) Is in violation of the provisions of this chapter or any other the laws of this state;
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1	(iii) Is in violation of other departmental regulations of the department of business
2	regulation or the department of health; or
3	(iv) Employs or enters into a business relationship with a medical practitioner who
4	provides written certification of a qualifying patient's medical condition.
5	(e) Inspection. Compassion centers are subject to reasonable inspection by the department
6	of health, division of facilities business regulation. During an inspection, the department of
7	business regulation may review the compassion center's confidential records, including its
8	dispensing records, which shall track transactions according to qualifying patients' registry
9	identification numbers to protect their confidentiality.
10	(f) Compassion center requirements:
11	(1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit
12	of its patients. A compassion center need not be recognized as a tax-exempt organization by the
13	Internal Revenue Services;
14	(2) A compassion center may not be located within one thousand (1,000) feet of the
15	property line of a preexisting public or private school, nursery school or child daycare center as
16	defined in chapter 42-72.1;
17	(3) A compassion center shall notify the department of business regulation within ten
18	(10) days of when a principal officer, board member, agent, volunteer or employee ceases to work
19	at the compassion center or is no longer affiliated with the compassion center. His or her card
20	shall be deemed null and void and the person shall be liable for any penalties that may apply to
21	any nonmedical possession or use of marijuana by the person;
22	(4) A compassion center shall notify the department of business regulation in writing of
23	the name, address, and date of birth of any new principal officer, board member, agent, volunteer
24	or employee and shall submit a fee in an amount established by the department of business
25	regulation for a new registry identification card before that person begins his or her relationship
26	with the compassion center;
27	(5) A compassion center shall implement appropriate security measures to deter and
28	prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and
29	shall insure ensure that each location has an operational security alarm system. Each compassion
30	center shall request that the Rhode Island state police visit the compassion center to inspect the
31	security of the facility and make any recommendations regarding the security of the facility and
32	its personnel within ten (10) days prior to the initial opening of each compassion center. Said
33	recommendations shall not be binding upon any compassion center, nor shall the lack of
34	implementation of said recommendations delay or prevent the opening or operation of any center.
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1	If the Rhode Island state police do not inspect the compassion center within the ten (10) day
2	period there shall be no delay in the compassion center's opening.
3	(6) The operating documents of a compassion center shall include procedures for the
4	oversight of the compassion center and procedures to ensure accurate record keeping;
5	(7) A compassion center is prohibited from acquiring, possessing, cultivating,
6	manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any
7	purpose except to assist registered qualifying patients with the medical use of marijuana directly
8	or through the qualifying patient's other primary caregiver or authorized purchaser;
9	(8) The department of business regulation may promulgate regulations governing the
10	approval and oversight of the delivery of usable marijuana to patient cardholders;
11	(8)(9) All principal officers and board members of a compassion center must be residents
12	of the state of Rhode Island;
13	(9)(10) Each time a new registered qualifying patient visits a compassion center, it shall
14	provide the patient with frequently asked questions sheet designed by the department of health,
15	which explains the limitations on the right to use medical marijuana under state law;
16	(11) Each compassion center shall be subject to any regulations promulgated by the
17	department of health that specify how usable marijuana must be tested for items included but not
18	limited to cannabinoid profile and contaminants;
19	(12) Each compassion center shall be subject to any product labeling requirements
20	promulgated by the department of health;
21	(10)(13) Each compassion center shall develop, implement, and maintain on the premises
22	employee, volunteer and agent policies and procedures to address the following requirements:
23	(i) A job description or employment contract developed for all employees and agents and
24	a volunteer agreement for all volunteers, which includes duties, authority, responsibilities,
25	qualifications, and supervision; and
26	(ii) Training in and adherence to state confidentiality laws.
27	(11)(14) Each compassion center shall maintain a personnel record for each employee,
28	agent and volunteer that includes an application and a record of any disciplinary action taken;
29	(12)(15) Each compassion center shall develop, implement, and maintain on the premises
30	an on-site training curriculum, or enter into contractual relationships with outside resources
31	capable of meeting employee training needs, which includes, but is not limited to, the following
32	topics:
33	(i) Professional conduct, ethics, and patient confidentiality; and
34	(ii) Informational developments in the field of medical use of marijuana.
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1	(13)(16) Each compassion center entity shall provide each employee, agent and
2	volunteer, at the time of his or her initial appointment, training in the following:
3	(i) The proper use of security measures and controls that have been adopted; and
4	(ii) Specific procedural instructions on how to respond to an emergency, including
5	robbery or violent accident incident;
6	(14)(17) All compassion centers shall prepare training documentation for each employee
7	and volunteer and have employees and volunteers sign a statement indicating the date, time, and
8	place the employee and volunteer received said training and topics discussed, to include name
9	and title of presenters. The compassion center shall maintain documentation of an employee's and
10	a volunteer's training for a period of at least six (6) months after termination of an employee's
11	employment or the volunteer's volunteering.
12	(g) Maximum amount of usable marijuana to be dispensed:
13	(1) A compassion center or principal officer, board member, agent, volunteer or
14	employee of a compassion center may not dispense more than two and one half ounces (2.5 oz) of
15	usable marijuana to a qualifying patient directly or through a qualifying patient's other primary
16	caregiver or authorized purchaser during a fifteen (15) day period;
17	(2) A compassion center or principal officer, board member, agent, volunteer or
18	employee of a compassion center may not dispense an amount of usable marijuana or marijuana
19	plants to a qualifying patient or a qualifying patient's other primary caregiver or authorized
20	purchaser that the compassion center, principal officer, board member, agent, volunteer, or
21	employee knows would cause the recipient to possess more marijuana than is permitted under the
22	Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act;.
23	(3) Compassion centers shall utilize a database that contains all compassion center
24	transactions statewide according to qualifying patients' registry identification numbers to protect
25	their confidentiality. Compassion centers will not have access to any applications or supporting
26	information submitted by qualifying patients. Before dispensing marijuana to any patient, the
27	compassion center must utilize this database to ensure that the qualifying patient is not being
28	dispensed more than two and one half ounces (2.5 oz.) of usable marijuana directly or through the
29	qualifying patient's primary caregiver or authorized purchaser during a fifteen (15) day period.
30	(h) Immunity:
31	(1) No registered compassion center shall be subject to prosecution; search, except by the
32	department of business regulation pursuant to subsection (e) or by the department of health
33	pursuant to § 23-1-19; seizure; or penalty in any manner or denied any right or privilege,
34	including, but not limited to, civil penalty or disciplinary action by a business, occupational, or
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1	professional licensing board or entity, solely for acting in accordance with this section to assist
2	registered qualifying patients to whom it is connected through the department's registration
3	process with the medical use of marijuana;
4	(2) No registered compassion center shall be subject to prosecution; seizure or penalty in
5	any manner or denied any right or privilege, including, but not limited to, civil penalty or
6	disciplinary action by a business, occupational, or professional licensing board or entity, for
7	selling, giving or distributing marijuana in whatever form and within the limits established by the
8	department of business regulation to another registered compassion center;
9	(3) No principal officers, board members, agents, volunteers, or employees of a registered
10	compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any
11	manner or denied any right or privilege, including, but not limited to, civil penalty or disciplinary
12	action by a business, occupational, or professional licensing board or entity, solely for working
13	for or with a compassion center to engage in acts permitted by this section;.
14	(4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or
15	denied any right or privilege, including, but not limited to, civil penalty, disciplinary action,
16	termination, or loss of employee or pension benefits, for any and all conduct that occurs within
17	the scope of his or her employment regarding the administration, execution and/or enforcement of
18	this act, and the provisions of Rhode Island general laws, §§ 9-31-8 and 9-31-9 shall be
19	applicable to this section.
20	(i) Prohibitions:
21	(1) A compassion center must limit its inventory of seedlings, plants, and usable
22	marijuana to reflect the projected needs of registered qualifying patients.
23	(2)(1) A compassion center may not dispense, deliver, or otherwise transfer marijuana to
24	a person other than a qualifying patient who has designated the compassion center as a or to such
25	patient's primary caregiver or to such patient's other primary caregiver authorized purchaser;
26	(3)(2) A person found to have violated paragraph (2) of this subsection dispensed,
27	delivered, or otherwise transferred marijuana to a person other than a qualifying patient, a
28	patient's primary caregiver, or a patient's authorized purchaser may not be an employee, agent,
29	volunteer, principal officer, or board member of any compassion center;
30	(4)(3) An employee, agent, volunteer, principal officer or board member of any
31	compassion center found in violation of paragraph (2) above to have dispensed, delivered, or
32	otherwise transferred marijuana to a person other than a qualifying patient, a patient's primary
33	caregiver, or a patient's authorized purchaser shall have his or her registry identification revoked
34	immediately in accordance with the requirements of the administrative procedures act, chapter 35
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1	of title 42; and
2	(5)(4) No person who has been convicted of a felony drug offense or has entered a plea of
3	nolo contendere for a felony drug offense with a sentence or probation may be the principal
4	officer, board member, agent, volunteer, or employee of a compassion center unless the
5	department of business regulation has determined that the person's conviction was for the medical
6	use of marijuana or assisting with the medical use of marijuana in accordance with the terms and
7	conditions of this chapter. A person who is employed by or is an agent, volunteer, principal
8	officer, or board member of a compassion center in violation of this section is guilty of a civil
9	violation punishable by a fine of up to one thousand dollars ($1,000). A subsequent violation of
10	this section is a misdemeanor:
11	(j) Legislative oversight committee:
12	(1) The general assembly shall appoint a nine (9) member oversight committee comprised
13	of: one member of the house of representatives; one member of the senate; one physician to be
14	selected from a list provided by the Rhode Island medical society; one nurse to be selected from a
15	list provided by the Rhode Island state nurses association; two (2) registered qualifying patients;
16	one registered primary caregiver; one patient advocate to be selected from a list provided by the
17	Rhode Island patient advocacy coalition; and the superintendent of the Rhode Island state police
18	or his/her designee.
19	(2) The oversight committee shall meet at least six (6) times per year for the purpose of
20	evaluating and making recommendations to the general assembly regarding:
21	(i) Patients' access to medical marijuana;
22	(ii) Efficacy of compassion center centers;
23	(iii) Physician participation in the Medical Marijuana Program;
24	(iv) The definition of qualifying medical condition;
25	(v) Research studies regarding health effects of medical marijuana for patients.
26	(3) On or before January 1 of every even numbered year, the oversight committee shall
27	report to the general assembly on its findings.
28	§ 21-28.6-14. Cooperative cultivations. – (a) Two (2) or more primary caregiver or
29	qualifying patient cardholders may cooperatively cultivate marijuana in residential or non-
30	residential locations subject to the following restrictions:
31	(1) Cooperative cultivations shall apply to the department of business regulation for a
32	license to operate;
33	(1)(2) A cardholder can only cooperatively cultivate in one location;
34	(2)(3) No single location may have more than one cooperative cultivation. For the
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1	purposes of this section, location means one structural building, not units within a structural
2	building.;
3	(3)(4) The cooperative cultivation shall not be visible from the street or other public
4	areas;
5	(4)(5) A written acknowledgement of the limitations of the right to use and possess
6	marijuana for medical purposes in Rhode Island that is signed by each cardholder and is
7	displayed prominently in the premises cooperative cultivation.
8	(5)(6) Cooperative cultivations are restricted to the following possession limits:
9	(i) A non-residential, cooperative cultivation may have no more than ten (10) ounces of
10	usable marijuana, forty-eight (48) mature and seventy-two (72) marijuana plants, and twenty-four
11	(24) seedlings.
12	(ii) A residential, cooperative cultivation may have no more than ten (10) ounces of
13	useable marijuana, twenty-four (24) mature and thirty-six (36) marijuana plants, and twelve (12)
14	seedlings.
15	(iii) For primary caregiver or qualifying patient cardholders operating under a
16	cooperative cultivation license, the department of business regulation shall only issue medical
17	marijuana plant tags in accordance with the per patient limits established in § 21-28.6-4(a) and §
18	21-28.6-4(e).
19	(6)(7) Cooperative cultivations must be inspected as follows:
20	(i) A non-residential, cooperative cultivation must have displayed prominently on the
21	premises documentation from the municipality where the single location is located that the
22	location and the cultivation has been inspected by the municipal building and/or zoning official
23	and the municipal fire department and is in compliance with any applicable state or municipal
24	housing and zoning codes.
25	(ii) A residential cooperative cultivation must have displayed prominently on the
26	premises an affidavit by a licensed electrician that the cultivation has been inspected and is in
27	compliance with any applicable state or municipal housing and zoning codes for the municipality
28	where the cooperative cultivation is located.
29	(iii) A non-residential or residential cooperative cultivation must have displayed
30	prominently on the premises its license issued by the department of business regulation.
31	(iv) Every marijuana plant possessed by a cooperative cultivation must be accompanied
32	by valid medical marijuana tag issued by the department of business regulation pursuant to § 21-
33	28.6-15. Each cooperative cultivation must purchase at least one (1) medical marijuana tag in
34	order to remain a licensed cooperative cultivation.
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1	(iv) Cooperative cultivations are subject to reasonable inspection by the department of
2	business regulation for the purposes of enforcing regulations promulgated pursuant to this chapter
3	and all applicable Rhode Island general laws.
4	(7)(8) Cooperative cultivations must report the location of the cooperative cultivation to
5	the division of state police.
6	(8)(9) The reports provided to the division of state police in subsection (8) of this section
7	shall be confidential, but locations may be confirmed for law enforcement purposes. The report of
8	the location of the cooperative cultivation alone shall not constitute probable cause for a search of
9	the cooperative cultivation.
10	(9)(10) The department of business regulation shall promulgate regulations governing the
11	licensing and operation of cooperative cultivations, and may promulgate regulations that set a fee
12	for a cooperative cultivation license.
13	(b) Any violation of any provision of this section shall result in the immediate revocation
14	of the cardholder's registry identification card. Any violation of any provision of this chapter or
15	regulations promulgated hereunder as determined by the department of business regulation may
16	result in the revocation/suspension of the cooperative cultivator license.
17	SECTION 2. Chapter 21-28.6 of the General Laws entitled "The Edward O. Hawkins and
18	Thomas C. Slater Medical Marijuana Act" is hereby amended by adding thereto the following
19	sections:
20	§ 21-28.6-15. Medical Marijuana Plant Tags. – (a) Every marijuana plant, either
21	mature or seedling, must be accompanied by a physical medical marijuana tag provided by the
22	department of business regulation:
23	(1) The department of business regulation shall charge an annual fee, established by
24	regulation, for each medical marijuana tag. The department of business regulation may
25	promulgate regulations that make medical marijuana tags available at a reduced price to patients
26	based on a patient’s income, or to a primary caregiver based on the income of those patients
27	receiving care from that primary caregiver. If the required fee has not been paid, those medical
28	marijuana tags shall be considered expired and are invalid.
29	(2) The department of business regulation shall verify with the department of health that
30	all medical marijuana tag purchases are made by patient cardholders, primary caregiver
31	cardholders, licensed cultivators, compassion centers, or cooperative cultivations. The department
32	of health shall provide this verification according to qualifying patients' registry identification
33	numbers to protect their confidentiality and without providing access to any applications or
34	supporting information submitted by qualifying patients.
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1	(3) The department of business regulation shall maintain information pertaining to
2	medical marijuana tags and may share that information with the department of health.
3	(4) All primary caregivers shall purchase at least one (1) medical marijuana tag for each
4	patient under their care, all licensed cultivators shall purchase at least one (1) medical marijuana
5	tag, and all patients growing for themselves shall purchase at least one (1) medical marijuana tag.
6	(5) The department of business regulation shall promulgate regulations to establish a
7	process by which medical marijuana tags may be returned to the department. The department of
8	business regulation may choose to reimburse a portion or the entire amount of any fees paid for
9	medical marijuana tags that are subsequently returned.
10	(b) Enforcement:
11	(1) If a patient cardholder, primary caregiver cardholder, licensed cultivator, compassion
12	center, or cooperative cultivation violates any provision of this chapter or the regulations
13	promulgated hereunder as determined by the department of business regulation, his or her
14	medical marijuana tags may be revoked. In addition, the department that issued the cardholder’s
15	registration or the license may revoke the cardholder’s registration or license pursuant to § 21-
16	28.6-9.
17	(2) The department of business regulation shall revoke and shall not reissue medical
18	marijuana tags to any cardholder or licensee who is convicted of; placed on probation; whose
19	case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere; or whose case is
20	deferred pursuant to § 12-19-19 where the defendant pleads nolo contendere for any felony
21	offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act") or a similar
22	offense from any other jurisdiction.
23	(3) Primary caregiver cardholders, licensed cultivators, licensed compassion centers, and
24	licensed cooperative cultivations shall be subject to reasonable inspection by the department of
25	business regulation for the purposes of enforcing regulations promulgated pursuant to this chapter
26	and all applicable Rhode Island general laws. The department of business regulation shall
27	promulgate regulations governing the manner of these inspections, including the role, if any, of
28	law enforcement in these inspections.
29	(4) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation,
30	or licensed cultivator is found to have marijuana plants exceeding the limits set forth in § 21-
31	28.6-4, § 21-28.6-14(a)(6), and § 21-28.6-17(c), in addition to any penalties that may be imposed
32	pursuant to § 21-28.6-9, the department of business regulation shall impose an administrative
33	penalty on that cardholder for each of these untagged marijuana plants of no less than the total fee
34	that would be paid by a cardholder who purchased medical marijuana tags for such plants in
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1	compliance with this chapter.
2	§ 21-28.6-16. Caregivers. – (a) The department of business regulation shall issue a
3	registry identification card to each primary caregiver who satisfies the registration requirements
4	under this chapter and any regulations promulgated hereunder. The department of business
5	regulation shall verify with the department of health that the qualifying patients identified in the
6	primary caregiver’s application have in fact elected that person as their primary caregiver. This
7	verification process will be structured so that the department of business regulation will receive
8	only a positive or negative response from the department of health regarding the qualifying
9	patients' registry identification numbers to protect their confidentiality. Primary caregivers must
10	purchase at least one (1) plant medical marijuana tag for each patient under their care in
11	accordance with § 21-28.6-15 in order to become registered with the department of business
12	regulation.
13	(1) The primary caregiver applicant shall apply to the bureau of criminal identification of
14	the department of attorney general, state police, or local police department for a national criminal
15	records check that shall include fingerprints submitted to the Federal Bureau of Investigation.
16	Upon the discovery of any disqualifying information as defined in § 21-28.6-16(a)(4), and in
17	accordance with the regulations promulgated by the director of the department of business
18	regulation, the bureau of criminal identification of the department of attorney general, state
19	police, or the local police department shall inform the applicant, in writing, of the nature of the
20	disqualifying information; and, without disclosing the nature of the disqualifying information,
21	shall notify the department of business regulation, in writing, that disqualifying information has
22	been discovered.
23	(2) In those situations in which no disqualifying information has been found, the bureau
24	of criminal identification of the department of attorney general, state police, or the local police
25	shall inform the applicant and the department of business regulation, in writing, of this fact.
26	(3) The department of business regulation shall maintain on file evidence that a criminal
27	records check has been initiated on all applicants seeking a primary caregiver registry
28	identification card and the results of the checks. The primary caregiver cardholder shall not be
29	required to apply for a national criminal records check for each patient he or she is connected to
30	through the department of health's registration process, provided that he or she has applied for a
31	national criminal records check within the previous two (2) years in accordance with this chapter.
32	The department of business regulation shall not require a primary caregiver cardholder to apply
33	for a national criminal records check more than once every two (2) years.
34	(4) Information produced by a national criminal records check pertaining to a conviction
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1	for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act"),
2	murder, manslaughter, rape, first-degree sexual assault, second-degree sexual assault, first-degree
3	child molestation, second-degree child molestation, kidnapping, first-degree arson, second-degree
4	arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon,
5	assault or battery involving grave bodily injury, and/or assault with intent to commit any offense
6	punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the
7	applicant and the department of business regulation disqualifying the applicant.
8	(5) The primary caregiver applicant shall be responsible for any expense associated with
9	the national criminal records check.
10	(6) For purposes of this section "conviction" means, in addition to judgments of
11	conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances
12	where the defendant has entered a plea of nolo contendere and has received a sentence of
13	probation and those instances where a defendant has entered into a deferred sentence agreement
14	with the attorney general.
15	(b) Persons issued registry identification cards shall be subject to the following:
16	(1) Ten (10) days after notification from the department of health to the department of
17	business regulation and the primary caregiver cardholder that a patient cardholder has changed
18	his or her primary caregiver, the primary caregiver cardholder's protections as provided in this
19	chapter as to that patient shall expire. If the primary caregiver cardholder is connected to no other
20	patient cardholders in the program, he or she must return his or her registry identification card to
21	the department of business regulation within ten (10) days of the date of such notice. A primary
22	caregiver who fails to comply with this provision is responsible for a civil infraction, punishable
23	by a fine of no more than one hundred fifty dollars ($150).
24	(2) A primary caregiver cardholder shall notify and request approval from the department
25	of business regulation of any change in his or her name or address within ten (10) days of such
26	change. A primary caregiver who fails to notify the department of business regulation of any of
27	these changes is responsible for a civil infraction, punishable by a fine of no more than one
28	hundred fifty dollars ($150).
29	(3) When a primary caregiver cardholder notifies the department of business regulation of
30	any changes listed in this subsection, the department of business regulation shall issue the
31	primary caregiver cardholder a new registry identification card after the department approves the
32	changes and receives from the cardholder payment of a fee specified in regulation.
33	(4) If a primary caregiver cardholder loses his or her registry identification card, he or she
34	shall notify the department of business regulation and submit a fee specified in regulation within
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1	ten (10) days of losing the card. The department of business regulation shall issue a new registry
2	identification card with a new random identification number.
3	(5) A primary caregiver cardholder shall notify the department of business regulation of
4	any disqualifying criminal convictions as defined in § 21-28.6-16(a)(4). The department of
5	business regulation may choose to suspend and/or revoke his or her registry identification card
6	after such notification.
7	(6) If a primary caregiver cardholder violates any provision of this chapter or regulations
8	promulgated hereunder as determined by the department of business regulation, his or her registry
9	identification card may be suspended and/or revoked.
10	§ 21-28.6-17. Cultivators. – (a) A licensed cultivator licensed under this section may
11	acquire, possess, cultivate, deliver, or transfer marijuana to licensed compassion centers. A
12	licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative
13	cultivation license. Except as specifically provided to the contrary, all provisions of the Edward
14	O. Hawkins and Thomas C. Slater Medical Marijuana Act, §§ 21-28.6-1 – 21-28.6-16 and §§ 21-
15	28.6-18 – 21-28.6-20, apply to a licensed cultivator unless they conflict with a provision
16	contained in § 21-28.6-17.
17	(b) Licensing of cultivators–department of business regulation authority. The department
18	of business regulation shall promulgate regulations governing the manner in which it shall
19	consider applications for the licensing of cultivators, including regulations governing:
20	(1) The form and content of licensing and renewal applications;
21	(2) Minimum oversight requirements for licensed cultivators;
22	(3) Minimum record-keeping requirements for cultivators;
23	(4) Minimum security requirements for cultivators; and
24	(5) Procedures for suspending, revoking or terminating the license of cultivators that
25	violate the provisions of this section or the regulations promulgated pursuant to this subsection.
26	(c) The department of business regulation shall promulgate regulations that govern how
27	many marijuana plants and how much usable marijuana a licensed cultivator may possess. Every
28	marijuana plant possessed by a licensed cultivator must be accompanied by valid medical
29	marijuana tag issued by the department of business regulation pursuant to § 21-28.6-15. Each
30	cultivator must purchase at least one (1) medical marijuana tag in order to remain a licensed
31	cultivator.
32	(d) Cultivators shall only sell usable marijuana to compassion centers. All marijuana
33	possessed by a cultivator in excess of the possession limit established pursuant to subsection (c)
34	above shall be under formal agreement to be purchased by a compassion center. If such excess
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1	marijuana is not under formal agreement to be purchased, the cultivator will have a period of
2	time, specified in regulations promulgated by the department of business regulation, to sell or
3	destroy that excess marijuana. The department may suspend and/or revoke the cultivator’s license
4	and the license of any officer, director, employee or agent of such cultivator and/or impose an
5	administrative penalty in accordance with such regulations promulgated by the department for
6	any violation of this section or the regulations. In addition, any violation of this section or the
7	regulations promulgated pursuant this subsection and subsection (c) above shall cause a licensed
8	cultivator to lose the protections described in § 21-28.6-4(i) and may subject the licensed
9	cultivator to arrest and prosecution under Chapter 28 of title 21 (the Rhode Island Controlled
10	Substances Act).
11	(e) Cultivators shall only be licensed to grow marijuana at one dwelling unit or
12	commercial unit. The department of business regulation may promulgate regulations governing
13	where cultivators are allowed to grow. Cultivators must abide by all local ordinances, including
14	zoning ordinances.
15	(f) Inspection. Cultivators shall be subject to reasonable inspection by the department of
16	business regulation for the purposes of enforcing regulations promulgated pursuant to this chapter
17	and all applicable Rhode Island general laws.
18	(g) Income received by cultivators must be claimed as corporate income under chapters
19	11, 13, 14, or 17 of title 44 or as personal income under chapter 30 of title 44.
20	(h) The department of business regulation shall issue a license to each licensed cultivator
21	who satisfies the registration requirements under this chapter and any regulations promulgated
22	hereunder:
23	(1) The cultivator applicant shall apply to the bureau of criminal identification of the
24	department of attorney general, state police, or local police department for a national criminal
25	records check that shall include fingerprints submitted to the Federal Bureau of Investigation.
26	Upon the discovery of any disqualifying information as defined in § 21-28.6-17(h)(3), and in
27	accordance with the rules promulgated by the director of the department of business regulation,
28	the bureau of criminal identification of the department of attorney general, state police, or the
29	local police department shall inform the applicant, in writing, of the nature of the disqualifying
30	information; and, without disclosing the nature of the disqualifying information, shall notify the
31	department of business regulation, in writing, that disqualifying information has been discovered.
32	(2) In those situations in which no disqualifying information has been found, the bureau
33	of criminal identification of the department of attorney general, state police, or the local police
34	shall inform the applicant and the department of business regulation, in writing, of this fact.
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1	(3) Information produced by a national criminal records check pertaining to a conviction
2	for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act"),
3	murder, manslaughter, rape, first-degree sexual assault, second-degree sexual assault, first-degree
4	child molestation, second-degree child molestation, kidnapping, first-degree arson, second-degree
5	arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon,
6	assault or battery involving grave bodily injury, and/or assault with intent to commit any offense
7	punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the
8	applicant and the department of business regulation disqualifying the applicant.
9	(4) The cultivator applicant shall be responsible for any expense associated with the
10	national criminal records check.
11	(5) For purposes of this section "conviction" means, in addition to judgments of
12	conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances
13	where the defendant has entered a plea of nolo contendere and has received a sentence of
14	probation and those instances where a defendant has entered into a deferred sentence agreement
15	with the attorney general.
16	(i) Persons issued licenses shall be subject to the following:
17	(1) A licensed cultivator shall notify and request approval from the department of
18	business regulation of any change in his or her name or address within ten (10) days of such
19	change. A cultivator who fails to notify the department of business regulation of any of these
20	changes is responsible for a civil infraction, punishable by a fine of no more than one hundred
21	fifty dollars ($150).
22	(2) When a licensed cultivator notifies the department of business regulation of any
23	changes listed in this subsection, the department of business regulation shall issue the cultivator a
24	new license after the department approves the changes and receives from the licensee payment of
25	a fee specified in regulation.
26	(3) If a licensed cultivator loses his or her license, he or she shall notify the department of
27	business regulation and submit a fee specified in regulation within ten (10) days of losing the
28	license. The department of business regulation shall issue a new license with a new random
29	identification number.
30	(4) A licensed cultivator shall notify the department of business regulation of any
31	disqualifying criminal convictions as defined in § 21-28.6-17(h)(3). The department of business
32	regulation may choose to suspend and/or revoke his or her license after such notification.
33	(5) If a licensed cultivator violates any provision of this chapter or regulations
34	promulgated hereunder as determined by the department of business regulation, his or her license
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1	may be suspended and/or revoked.
2	§ 21-28.6-18. Excess plants. – Subsequent to passage of this section, patient cardholders
3	and primary caregiver cardholders shall have until December 31, 2016 to sell or destroy
4	marijuana plants or usable marijuana which are in violation of § 21-28.6-4.
5	§ 21-28.6-19. Revenue. – (a) All fees collected by the department of health from
6	qualifying patients and authorized purchasers shall be placed in a restricted receipt account to
7	support the department of health’s medical marijuana program.
8	(b) All fees collected by the department of business regulation from primary caregivers,
9	cultivators, cooperative cultivations, compassion centers, and compassion center cardholders shall
10	be placed in a restricted receipt account to support the department of business regulation’s
11	medical marijuana licensing program.
12	(c) All fees collected from the sale of marijuana plant medical marijuana tags shall place
13	in the general revenue fund.
14	§ 21-28.6-20. Patient information. – (a) Applications and supporting information
15	submitted by qualifying patients, including information regarding their primary caregivers,
16	authorized purchasers, and practitioners, are confidential and protected under the federal Health
17	Insurance Portability and Accountability Act of 1996, and shall be exempt from the provisions of
18	chapter 2 of title 38 et seq. (Rhode Island access to public records act) and not subject to
19	disclosure, except to authorized employees of the department of health and the department of
20	business regulation as necessary to perform official duties of the department of health and the
21	department of business regulation.
22	(b) The department of health shall maintain a list of the persons to whom the department
23	of health has issued registry identification cards and the department of business regulation shall
24	maintain a list of the persons to whom the department of business regulation has issued registry
25	identification cards and licenses. Individual names and other identifying information of patient
26	cardholders and authorized purchasers on the list shall be confidential, exempt from the
27	provisions of Rhode Island access to public information, chapter 2 of title 38, and not subject to
28	disclosure, except to authorized employees of the department of health as necessary to perform
29	official duties of the department of health. Information collected by the department of business
30	regulation during the registration/licensing process from primary caregivers, cultivators,
31	compassion centers, and compassion center cardholders shall be subject to the provisions of
32	Rhode Island access to public information, chapter 2 of title 38, and shall be subject to redaction
33	for identifying information or any other information exempt under chapter 38-2.
34	(c) Law enforcement shall have access to information maintained by the department of
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1	health and the department of business regulation only to the extent necessary to verify
2	information about medical marijuana tags, caregiver cardholders, licensed cultivators, cooperative
3	cultivations, and compassion center cardholders. Law enforcement shall not have direct access to
4	patient information, including any applications or supporting information submitted by qualifying
5	patients. Notwithstanding subsection (a) of this section, if law enforcement personnel need
6	information about a patient cardholder or authorized marijuana purchaser, then the department of
7	health shall verify to law enforcement personnel whether a registry identification card is valid
8	solely by confirming the random registry identification number.
9	(d) It shall be cause for removal and/or a one thousand dollar ($1,000) fine, for any
10	person, including an employee or official of the department of health, department of business
11	regulation, or another state agency or local government, to breach the confidentiality of
12	qualifying patient information obtained pursuant to this chapter. Notwithstanding this provision,
13	employees of the department of health or the department of business regulation may notify law
14	enforcement about falsified or fraudulent information, or information that the department
15	reasonably believes to be falsified or fraudulent, submitted to the department of health or the
16	department of business regulation.
17	SECTION 3. Sections 42-14-1 and 42-14-2 of the General Laws in Chapter 42-14
18	entitled “Department of Business Regulation” are hereby amended to read as follows:
19	§ 42-14-1. Establishment – Head of department. – There shall be a department
20	of business regulation. The head of the department shall be the director of business regulation
21	who shall carry out, except as otherwise provided by this title, this chapter; chapters 1, 2, and 4 –
22	12, inclusive, of title 3; chapters 3, 20.5, 38, 49, 52, 53 and 58 of title 5; chapter 31 of title 6;
23	chapter 11 of title 7; chapters 1 – 29, inclusive, of title 19, except § 19-24-6; chapter 28.6 of title
24	21; chapter 26 of title 23; chapters 1 – 36, inclusive, of title 27. The director of business
25	regulation shall also perform the duties required by any and all other provisions of the general
26	laws and public laws insofar as those provisions relate to the director of revenue and regulation,
27	chief of the division of banking and insurance, chief of the division of intoxicating beverages, and
28	each of the divisions, except as otherwise provided by this title.
29	§ 42-14-2. Functions of department. – (a) It shall be the function of the department of
30	business regulation:
31	(1) To regulate and control banking and insurance, foreign surety companies, sale
32	of securities, building and loan associations, fraternal benefit and beneficiary societies;
33	(2) To regulate and control the manufacture, transportation, possession, and sale
34	of alcoholic beverages;
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1	(3) To license and regulate the manufacture and sale of articles of bedding,
2	upholstered furniture, and filling materials.;
3	(4) To regulate the licensing of compassion centers, cultivators, cooperative
4	cultivations, and primary caregivers pursuant to Chapter 21-28.6 of the General Laws
5	(b) Whenever any hearing is required or permitted to be held pursuant to law or
6	regulation of the department of business regulation, and whenever no statutory provision exists
7	providing that notice be given to interested parties prior to the hearing, no such hearing shall be
8	held without notice in writing being given at least ten (10) days prior to such hearing to all
9	interested parties. For purposes of this section, an "interested party" shall be deemed to include
10	the party subject to regulation hereunder, the Rhode Island consumers' council, and any party
11	entitled to appear at the hearing. Notice to the party that will be subject to regulation, the Rhode
12	Island consumers' council [Repealed], and any party who has made known his or her intention to
13	appear at the hearing shall be sufficient if it be in writing and mailed, first class mail, to the party
14	at his or her regular business address. Notice to the general public shall be sufficient hereunder if
15	it be by publication in a newspaper of general circulation in the municipality affected by the
16	regulation.
17	SECTION 4. Section 44-67-3 of the General Laws in Chapter 44-67 entitled “The
18	Compassion Center Surcharge Act” is hereby amended to read as follows:
19	§ 44-67-3. Imposition of surcharge – Compassion centers. – For periods prior to July
20	1, 2016, a A surcharge at a rate of four percent (4.0%) shall be imposed upon the net patient
21	revenue received each month by every compassion center. For periods after July 1, 2016, a
22	surcharge at a rate of three percent (3.0%) shall be imposed upon the net patient revenue received
23	each month by every compassion center. Every compassion center shall pay the monthly
24	surcharge to the tax administrator no later than the twentieth (20th) day of the month following
25	the month that the net patient revenue was received. This surcharge shall be in addition to any
26	other authorized fees that have been assessed upon a compassion center.
27	SECTION 5. This article shall take effect as of July 1, 2016.
28	ARTICLE 15
29	RELATING TO MUNICIPALITIES
30	SECTION 1. Section 45-12-22.2 of the General laws in Chapter 45-12 entitled
31	“Indebtedness of Towns and Cities” is hereby amended to read as follows:
32	§ 45-12-22.2. Monitoring of financial operations – Corrective action. – Subsections
33	(a) through (e)(h) below shall apply to cities and towns.
34	(a) The chief financial officer of each municipality and each school district within the
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1	state shall continuously monitor financial operations by tracking actual versus budgeted revenue
2	and expense.
3	(b) The chief financial officer of the municipality shall submit a report on a monthly basis
4	to the municipality's chief executive officer, each member of the city or town council, and school
5	district committee certifying the status of the municipal budget from all fund sources, including
6	the school department budget from all fund sources, or regional school district budget from all
7	fund sources. The chief financial officer of the municipality shall also submit a quarterly report
8	on or before the 25th day of the month succeeding the end of each fiscal quarter budget-to-actual
9	financial information on or before the 25th day succeeding the last day of the sixth, ninth, and
10	twelfth month of each fiscal year to the division of municipal finance, the commissioner of
11	education, and the auditor general pursuant to the provisions outlined in section (d) certifying the
12	status of the municipal budget, including the school budget that has been certified by the school
13	department. Each quarterly report submitted must be signed by the chief executive officer, chief
14	financial officer, the superintendent of the school district, and chief financial officer for the
15	school district. The report has to be submitted to the city own council president and the school
16	committee chair. It is encouraged, but not required, to have the council president/school
17	committee chair sign the report. The chief financial officer of the school department or school
18	district shall certify the status of the school district's budget and shall assist in the preparation of
19	these reports. The monthly report and quarterly reports budget-to-actual financial information as
20	required in this section shall be in a format prescribed by the division of municipal finance, the
21	commissioner of education, and the state auditor general. The budget-to-actual financial
22	information and the monthly reports shall contain a statement as to whether any actual or
23	projected shortfalls in budget line items are expected to result in a year-end deficit; the projected
24	impact on year-end financial results, including all accruals and encumbrances; and how the
25	municipality and school district plans to address any such shortfalls. In the event that the school
26	reporting is not provided, then state education aid may be withheld pursuant to the provisions of §
27	16-2-9.4(d).
28	(c) In order to facilitate electronic upload to the “Transparency Portal” as defined herein,
29	the chief financial officer of the municipality shall also submit, as part of the annual audited
30	financial statements of the municipality, a municipal data report for the municipality’s general
31	fund containing content and in a format designated by the division of municipal finance and the
32	office of the auditor general. Such municipal data report shall be included in the scope of the
33	annual audit and shall be included in the municipality’s financial statements as supplementary
34	information.
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1	(d) All budget-to-actual financial information as required in (b), municipal data report as
2	required in (c), and reports required pursuant to the provisions of § 44-35-10 shall be submitted to
3	the division of municipal finance through the use of the division’s Transparency Portal, in the
4	format required by the division of municipal finance, which will be located on the division’s
5	website. The division of municipal finance will create a finalized report from all information
6	submitted through the Transparency Portal (“Transparency Report”). The division of municipal
7	finance will submit the Transparency Report to the municipality to be signed by the chief
8	executive officer, chief financial officer, superintendent of the school district, and chief financial
9	officer for the school district. All signed Transparency Reports shall be posted to the
10	municipality’s website within ten (10) business days of receipt of such report. The municipalities
11	shall provide a copy of the signed Transparency Report to the commissioner of education, the
12	office of the auditor general, the municipality’s council president, and the school committee chair.
13	In addition, a copy of the signed Transparency Report which has been designated by the division
14	of municipal finance for the inclusion in the municipalities audited financial statements shall be
15	provided by the municipality to its auditor.
16	(c)(e)If any of the quarterly reports budget-to-actual financial information
17	required under subsection (b) project a year-end deficit, the chief financial officer of the
18	municipality shall submit to the state division of municipal finance, the commissioner of
19	education, and the auditor general a corrective action plan signed by the chief executive officer
20	and chief financial officer on or before the last day of the month succeeding the close of the fiscal
21	quarter in which budget-to-actual financial information is required, which provides for the
22	avoidance of a year-end deficit or structural deficit that could impact future years, and the school
23	superintendent shall also comply with the provisions of § 16-2-11(c) to assist in this effort. The
24	plan may include recommendations as to whether an increase in property taxes and/or spending
25	cuts should be adopted to eliminate the deficit. The plan shall include a legal opinion by
26	municipal counsel that the proposed actions under the plan are permissible under federal, state,
27	and local law. The state division of municipal affairs may rely on the written representations
28	made by the municipality in the plan and will not be required to perform an audit.
29	(d)(f) If the division of municipal finance concludes the plan required hereunder
30	is insufficient and/or fails to adequately address the financial condition of the municipality, the
31	division of municipal finance can elect to pursue the remedies identified in § 45-12-22.7.
32	(e)(g) The monthly reports and budget-to-actual financial information required
33	shall include the financial operations of any departments or funds of municipal government,
34	including the school department or the regional school district, notwithstanding the status of the
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1	entity as a separate legal body. This provision does not eliminate the additional requirements
2	placed on local and regional school districts by §§ 16-2-9(f) and 16-3-11(e)(3).
3	(h) The “Transparency Portal” shall be an electronic interface which will be
4	implemented, maintained, and monitored by the state division of municipal finance with the
5	assistance of the state department of administration. In addition, the division of municipal finance
6	shall post to its website a list of participating and non-participating entities for each reporting
7	cycle identified under subsections (b), (c), and required reports pursuant to § 44-35-10.
8	Subsections (f)(i) through (j)(m) below shall apply to fire districts.
9	(f)(i) The treasurer/chief financial officer or other fiduciary, as applicable, of the
10	fire district within the state shall continuously monitor the fire district's financial operations by
11	tracking actual versus budgeted revenue and expense.
12	(g)(j) The treasurer/chief financial officer or other fiduciary, as applicable, of the
13	fire district shall submit a quarterly report on or before the 25th day of the month succeeding the
14	end of each fiscal quarter to the division of municipal finance and the state auditor general
15	certifying the status of the fire district's budget. Each quarterly report submitted must be signed
16	by the chair of the governing body and the treasurer/chief financial officer. The report shall be
17	submitted to the members of the governing body and the members of the town council. The
18	quarterly reports shall be in a format prescribed by the division of municipal finance and the state
19	auditor general. The reports shall contain a statement as to whether any actual or projected
20	shortfalls in budget line items are expected to result in a year-end deficit; the projected impact on
21	year-end financial results including all accruals and encumbrances; and how the fire district plans
22	to address any such shortfalls.
23	(h)(k) If any of the quarterly reports required under subsection (g) above project
24	a year-end deficit, the treasurer/chief financial officer or other fiduciary, as applicable, of the fire
25	district shall submit to the division of municipal finance and the state auditor general a corrective
26	action plan signed by the chair of the governing body and treasurer/chief financial officer, or
27	other fiduciary as applicable, of the fire district on or before the last day of the month succeeding
28	the close of the fiscal quarter, which provides for the avoidance of a year-end deficit or structural
29	deficit that could impact future years. The plan may include recommendations as to whether an
30	increase in property taxes and/or spending cuts should be adopted to eliminate the deficit. The
31	plan shall include a legal opinion by legal counsel that the proposed actions under the plan are
32	permissible under federal, state, and local law. Said plan shall be sent to the members of the fire
33	district's governing body and the members of the town council. The division of municipal finance
34	may rely on the written representations made by the governing body of the fire district in the plan
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1	and is not be required to perform an audit.
2	(i)(l) If the division of municipal finance concludes the plan required hereunder is
3	insufficient and/or fails to adequately address the financial condition of the fire district, the
4	division of municipal finance can elect to pursue the remedies identified in § 45-12-22.7.
5	(j)(m) The reports and plans required above shall also include, but not be limited
6	to, a comprehensive overview of the financial operations of the fire district, including a list of the
7	value of the fire district's assets (tangibles and intangibles) and liabilities.
8	SECTION 2. Section 44-35-10 of the General laws in Chapter 44-35 entitled “Property
9	Tax and Fiscal Disclosure – Municipal Budgets” is hereby amended to read as follows:
10	§ 44-35-10. Balanced municipal budgets – Additional reporting requirements –
11	Electronic reporting/municipal uniform chart of accounts. – (a) The operating budgets for all
12	cities and towns shall provide for total appropriations which do not exceed total estimated
13	receipts, taking into account any general fund surplus or deficit estimated to be carried over from
14	the current fiscal year. The funding of accumulated deficits shall be consistent with the provisions
15	of § 45-12-22.
16	(b) The chief elected official in each city and town shall provide to the division
17	of municipal finance within thirty (30) days of final action, in the form and format required by the
18	division, the adopted budget survey.
19	(c) Within thirty (30) days of final action as referenced in subsection (b) above
20	each city or town shall provide to the division a five (5) year forecast, in the form and format
21	required by the division, for major funds as defined by generally accepted accounting principles
22	as established by the governmental accounting standards board (GASB). The forecast shall
23	include, but not be limited to, a scenario reflecting pensions and post employment Benefits other
24	than pensions (OPEB) obligations at one hundred percent (100%) of the annual required
25	contribution (ARC), both for the general and unrestricted school funds. The forecast shall also
26	reflect any and all underlying assumptions.
27	(d) The reports required under (b) and (c) above shall be submitted pursuant to
28	the requirements outlined under § 45-12-22.2 (d).
29	(d)(e) Within sixty (60) days of executing changes in healthcare benefits, pension
30	benefits and OPEB a municipality shall provide a fiscal impact statement to the division of
31	municipal finance, reflecting the impact on any unfunded liability and ARC, as well as the impact
32	on the five (5) year forecast. The fiscal impact statements shall show underlying actuarial
33	assumptions and provide support for underlying assumptions.
34	(e)(f) A municipality shall join electronic reporting/implement municipal uniform
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1	chart of accounts (UCOA), within six (6) months of implementation.
2	SECTION 3. Section 42-142-4 of the General laws in Chapter 42-142 entitled
3	“Department of Revenue” is hereby amended to read as follows:
4	§ 42-142-4. Division of property valuation and municipal finance. – (a) There is
5	hereby established within the department of revenue a division of property valuation and
6	municipal finance. The head of the office shall be the chief of property valuation and municipal
7	finance.
8	(b) The division of property valuation and municipal finance shall have the
9	following duties:
10	(i) Provide assistance and guidance to municipalities in complying with state law;
11	(ii) To eEncourage cooperation between municipalities and the state in
12	calculating, evaluating and distributing state aid;
13	(iii) To maintain a data center of information of use to municipalities; Encourage
14	the exchange of information between the division and other governmental entities in an effort to
15	increase shared services by making available, through the use of web based applications or other
16	mediums municipal vendor contracts and/or any other data the division deems appropriate.
17	(iv) To mMaintain and compute financial and equalized property value
18	information for the benefit of municipalities and public policy decision makers;
19	(v) To eEncourage and assure compliance with state laws and policies relating to
20	municipalities especially in the areas of public disclosure, tax levies, financial reporting, and
21	property tax issues;
22	(vi) To eEncourage cooperation between municipalities and the state by
23	distributing information and by providing technical assistance to municipalities;
24	(vii) To gGive guidance to public decision makers on the equitable distribution of
25	state aid to municipalities; and
26	(viii) To pProvide technical assistance for property tax administration.
27	SECTION 4. Section 45-13-12 of the General Laws in Chapter 45-13 entitled “State Aid”
28	is hereby amended to read as follows:
29	§ 45-13-12. Distressed communities relief fund. – (a) There is established a fund to
30	provide state assistance to those Rhode Island cities and towns which have the highest property
31	tax burdens relative to the wealth of taxpayers.
32	(b) Establishment of indices. Four (4) indices of distress shall be established to
33	determine eligibility for the program. Each community shall be ranked by each distress index and
34	any community which falls into the lowest twenty percent (20%) of at least three (3) of the four
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1	(4) indices shall be eligible to receive assistance. The four (4) indices are established as follows:
2	(1) Percent of tax levy to full value of property. This shall be computed by
3	dividing the tax levy of each municipality by the full value of property for each municipality. For
4	the 1990-91 fiscal year, tax levy and full value shall be as of the assessment date December 31,
5	1986.
6	(2) Per capita income. This shall be the most recent estimate reported by the U.S.
7	Department of Commerce, Bureau of the Census.
8	(3) Percent of personal income to full value of property. This shall be computed
9	by multiplying the per capita income above by the most recent population estimate as reported by
10	the U.S. Department of Commerce, Bureau of the Census, and dividing the result by the full value
11	of property.
12	(4) Per capita full value of property. This shall be the full value of property
13	divided by the most recent estimate of population by the U.S. Department of Commerce, Bureau
14	of the Census.
15	(c) Distribution of funds. Funds shall be distributed to each eligible community
16	on the basis of the community's tax levy relative to the total tax levy of all eligible communities.
17	For the fiscal year 1990-91, the reference year for the tax levy shall be the assessment date of
18	December 31, 1988. For each fiscal year thereafter, except for fiscal year 2007-2008, the
19	reference year and the fiscal year shall bear the same relationship. For the fiscal year 2007-2008
20	the reference year shall be the same as for the distributions made in fiscal year 2006-2007.
21	Any newly qualifying community shall be paid fifty percent (50%) of current law
22	requirements the first year it qualifies. The remaining fifty percent (50%) shall be distributed to
23	the other distressed communities proportionately. When any community falls out of the distressed
24	community program, it shall receive a one-time payment of fifty percent (50%) of the prior year
25	requirement exclusive of any reduction for first year qualification. The community shall be
26	considered a distressed community in the fall-out year.
27	(d) Appropriation of funds. The state of Rhode Island shall appropriate funds in
28	the annual appropriations act to support this program. For each of the fiscal years ending June 30,
29	2011, June 30, 2012, and June 30, 2013 seven hundred eighty-four thousand four hundred fifty-
30	eight dollars ($784,458) of the total appropriation shall be distributed equally to each qualifying
31	distressed community.
32	(e) Payments. Payments shall be made to eligible communities each August.
33	(f) Mandatory Participation for Collection of Debts. Any community determined to be a
34	distressed community under this chapter shall, within three (3) months of said determination,
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1	contract with the tax administrator, pursuant to § 42-142-7, to allow the tax administrator to
2	collect outstanding liabilities owed to the distressed community. The division of municipal
3	finance shall determine which of said liabilities shall be subject to the collection by the tax
4	administrator.
5	SECTION 5. Sections 44-5-11.5 and 44-5-11.6 of the General Laws in Chapter 44-5
6	entitled “Levy and Assessment of Local Taxes” are hereby amended to read as follows:
7	§ 44-5-11.5. Legislative Findings—Revaluation cycle.—It is found and declared that:
8	(1) Rhode Island property taxes continue to play a significant role in the
9	financing of local educational and municipal services. The general assembly recognizes that the
10	way the property tax is assessed, levied and collected can be improved to provide more reliable
11	and up-to-date property values in each of the cities and towns. maximum efficiencies and cost
12	savings while maintaining reliable property values in each of the cities and towns.
13	(2) The state's ten (10) year property revaluation cycle is the longest revaluation
14	cycle in the country. Infrequent revaluations translate into disparities in property tax burden
15	between types and classes of property within and among cities and towns. In addition, because
16	each city and town represents multiple systems and procedures for administering the property tax,
17	there is an inconsistent administration of property tax law and regulations.
18	(3)(2) It is the intent of the general assembly to ensure that all taxpayers in Rhode
19	Island are treated equitably. The more frequent the revaluation, the greater the equity within and
20	among jurisdictions. Ensuring that taxpayers are treated fairly begins with modernizing the
21	administration of the property tax that ensures:
22	(i) Up-to-date property values are maintained through more frequent regularly
23	scheduled property revaluations;
24	(ii) Cities and towns meet defined standards related to performing updates of property
25	values;
26	(iii) The state shares in the cost of performing updates of property values in the cities and
27	towns;
28	(iv) A meaningful and effective method of ensuring that cities and towns comply
29	with the nine (9) fifteen (15) year revaluation cycle and the updates of property values are
30	developed;
31	(v) Procedures for administering the property tax are standardized – such as
32	general reporting and classification systems;
33	(vi) Assessors and contracted property revaluation companies meet appropriate
34	qualifications and standards; and
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1	(vii) Intergovernmental cooperation in the administration of the property tax is
2	maximized.
3	(4)(3) With these findings in mind, it is the intent of the general assembly to
4	institute a revaluation cycle where every city or town conducts a revaluation within nine (9) years
5	two (2) updates in ten (10) years at five (5) year intervals from of the date of the prior revaluation
6	and shall conduct an update a revaluation of real property every three (3) five (5) years from the
7	date of the last second of said revaluation. Nothing contained in this section shall prohibit a city
8	or town from conducting more frequent updates or revaluations.
9	§ 44-5-11.6. Assessment of valuations – Apportionment of levies. – (a)
10	Notwithstanding the provisions of § 44-5-11 [repealed], beginning on December 31, 2000, the
11	assessors in the several towns and cities shall conduct an update as defined in this section or shall
12	assess all valuations and apportion the levy of all taxes legally ordered under the rules and
13	regulations, not repugnant to law, as the town meetings and city councils, respectively, shall,
14	from time to time, prescribe; provided, that the update or valuation is performed in accordance
15	with the following schedules:
16	(1)(i) For a transition period, for cities and towns that conducted or implemented
17	a revaluation as of 1993 or in years later:
18	Update
19	Revaluation
20	Lincoln 2000 2003
21	South Kingstown 2000 2003
22	Smithfield 2000 2003
23	West Warwick 2000 2003
24	Johnston 2000 2003
25	Burrillville 2000 2003
26	North Smithfield 2000 2003
27	Central Falls 2000 2003
28	North Kingstown 2000 2003
29	Jamestown 2000 2003
30	North Providence 2001 2004
31	Cumberland 2001 2004
32	Bristol 2004 2001
33	Charlestown 2001 2004
34	East Greenwich 2002 2005
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1	Cranston 2005 2005
2	Barrington 2005 2005
3	Warwick 2003 2006
4	Warren 2003 2006
5	East Providence 2003 2006
6	(ii) Provided that the reevaluation period for the town of New Shoreham shall be
7	extended to 2003 and the update for the town of Hopkinton may be extended to 2007 with no
8	additional reimbursements by the state relating to the delay.
9	(iii) The implementation date for this schedule is December 31st, of the stated
10	year.
11	(iv) Those cities and towns not listed in this schedule shall continue the
12	revaluation schedule pursuant to § 44-5-11 [repealed]. The law in effect prior to the effective date
13	hereof requiring revaluations and updates on certain specified dates, shall continue to be in effect
14	after the effective date hereof for those cities and towns which are required to conduct
15	revaluations and updates prior to the date listed in update 1 column of the schedule below.
16	(2)(i) For the post transition period and in years thereafter Except as provided in
17	(a)(1)(iv) above in years subsequent to the effective date hereof:
18	Update #1 Update # 2 Revaluation
19	Woonsocket 2002 2011 2005 2014 2008 2019
20	Pawtucket 2002 2011 2005 2014 2008 2019
21	Portsmouth 2001 2021 2004 2026 2007 2031
22	Coventry 2001 2021 2004 2026 2007 2031
23	Providence 2003 2012 2006 2015 2009 2020
24	Foster 2002 2022 2005 2027 2008 2032
25	Middletown 2002 2022 2005 2027 2008 2032
26	Little Compton 2003 2023 2006 2028 2009 2033
27	Scituate 2003 2023 2006 2028 2009 2033
28	Westerly 2003 2023 2006 2028 2009 2033
29	West Greenwich 2004 2013 2007 2016 2010 2021
30	Glocester 2004 2013 2007 2016 2010 2021
31	Richmond 2004 2013 2007 2016 2010 2021
32	Bristol 2004 2021 2007 2026 2010 2031
33	Tiverton 2005 2014 2008 2017 2011 2022
34	Newport 2005 2014 2008 2018 2011 2023
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1	New Shoreham 2006 2015 2009 2018 2012 2023
2	Narragansett 2005 2014 2008 2017 2011 2022
3	Exeter 2005 2014 2008 2017 2011 2022
4	Hopkinton 2007 2016 2010 2021 2013 2026
5	Lincoln 2006 2015 2009 2019 2012 2024
6	South Kingstown 2006 2015 2009 2018 2012 2023
7	Smithfield 2006 2015 2009 2018 2012 2023
8	West Warwick 2006 2015 2009 2020 2012 2025
9	Johnston 2006 2015 2009 2019 2012 2024
10	Burrillville 2006 2015 2009 2018 2012 2023
11	North Smithfield 2006 2015 2009 2019 2012 2024
12	Central Falls 2006 2015 2009 2020 2012 2025
13	North Kingstown 2006 2015 2009 2018 2012 2023
14	Jamestown 2006 2015 2009 2018 2012 2023
15	North Providence 2007 2016 2010 2021 2013 2026
16	Cumberland 2007 2016 2010 2021 2013 2026
17	Charlestown 2007 2016 2010 2021 2013 2026
18	East Greenwich 2008 2017 2011 2022 2014 2027
19	Cranston 2008 2019 2011 2024 2014 2029
20	Barrington 2008 2017 2011 2022 2014 2027
21	Warwick 2009 2019 2012 2024 2015 2029
22	Warren 2009 2018 2012 2023 2015 2028
23	East Providence 2009 2020 2012 2025 2015 2030
24	(ii) The implementation date for the schedule is December 31st of the stated year. Upon
25	the completion of the update and revaluation according to this schedule, spelled out in (i) above,
26	each city and town shall continue to conduct revaluations and updates in accordance with § 44-5-
27	11.5 (3). a revaluation within nine (9) years of the date of the prior revaluation and shall conduct
28	an update of real property every three (3) years from the last revaluation Provided, that for the
29	town of Bristol, the time for the first statistical update following the 2010 revaluation shall be
30	extended from 2013 to 2014 and said statistical update shall be based on valuations as of
31	December 31, 2014.
32	(b) No later than February 1, 1998, the director of the department of revenue shall
33	promulgate rules and regulations consistent with the provisions of this section to define the
34	requirements for the updates that shall include, but not be limited to:
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1	(1) An analysis of sales;
2	(2) A rebuilding of land value tables;
3	(3) A rebuilding of cost tables of all improvement items; and
4	(4) A rebuilding of depreciation schedules. Upon completion of an update, each
5	city or town shall provide for a hearing and/or appeal process for any aggrieved person to address
6	any issue that arose during the update.
7	(c) The costs incurred by the towns and cities for the first update shall be borne
8	by the state in an amount not to exceed twenty dollars ($20.00) per parcel. The costs incurred by
9	the towns and cities for the second update shall be borne eighty percent (80%) by the state (in an
10	amount not to exceed sixteen dollars ($16.00) per parcel) and twenty percent (20%) by the town
11	or city, and in the third update and thereafter, the state shall pay sixty percent (60%) of the update
12	(not to exceed twelve dollars ($12.00) per parcel) and the town or city shall pay forty percent
13	(40%); provided, that for the second update and in all updates thereafter, that the costs incurred
14	by any city or town that is determined to be a distressed community pursuant to § 45-13-12 shall
15	be borne eighty percent (80%) by the state and twenty percent (20%) by the city or town for all
16	updates required by this section.
17	(d) The office of municipal affairs, after consultation with the League of Cities
18	and Towns and the Rhode Island Assessors' Association, shall recommend adjustments to the
19	costs formula described in subsection (c) of this section based upon existing market conditions.
20	(e) Any property that is either exempt from the local property tax pursuant to §
21	44-3-3 or pays a city or town an amount in lieu of taxes is not required to have its values updated
22	pursuant to this section and the property is not eligible for the reimbursement provisions of
23	subsection (c) of this section. However, those properties that are exempt from taxation and are
24	eligible for state appropriations in lieu of property tax under the provisions of § 45-13-5.1 are
25	eligible for state reimbursement pursuant to subsection (c) of this section, provided, that these
26	properties were revalued as part of that city or town's most recent property revaluation.
27	(f) No city or town is required to conduct an update pursuant to this section
28	unless the state has appropriated sufficient funds to cover the state's costs as identified in
29	subsection (c) of this section.
30	(g) Any city or town that fails to conduct an update or revaluation as required by
31	this section, or requests and receives an extension of the dates specified in this section, shall
32	receive the same amount of state aid under §§ 45-13-1, 45-13-5.1, and 45-13-12 in the budget
33	year for which the new values were to apply as the city or town received in-state aid in the
34	previous budget year; provided, however, if the new year's entitlement is lower than the prior
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1	year's entitlement, the lower amount applies, except for the town of New Shoreham for the fiscal
2	year 2003.
3	(h) Any bill or resolution to extend the dates for a city or town to conduct an
4	update or revaluation must be approved by a two-thirds (2/3) majority of both houses of the
5	general assembly.
6	(i) The department of revenue shall annually publish a fifteen (15) year schedule of the
7	updates and revaluations required of each city and town in order to assist municipalities in
8	complying with the requirements of this section.
9	SECTION 6. This article shall take effect upon passage.
10	ARTICLE 16
11	MAKING IT EASIER TO DO BUSINESS IN RHODE ISLAND
12	SECTION 1. Section 28-43-8 of the General Laws in Chapter 28-43 entitled
13	“Employment Security – Contributions” is hereby amended to read as follows:
14	§ 28-43-8. Experience rates – Tables. – (a)(1) Whenever, as of September 30, 1987
15	2016, or any subsequent computation date, the amount in the employment security fund available
16	for benefits is six and four tenths percent (6.4%) or more of total payrolls as determined in § 28-
17	43-1(9), an experience rate for each eligible employer for the immediately following calendar
18	year shall be determined in accordance with schedule A in this subsection.
19	(2) Whenever, as of September 30, 1987 2016, or any subsequent computation date, the
20	amount in the employment security fund available for benefits is six and one-tenth percent (6.1%)
21	five and five-tenths percent (5.5%) but less than six and four-tenths (6.4%) of total payrolls as
22	determined in § 28-43-1(9), an experience rate for each eligible employer for the immediately
23	following calendar year shall be determined in accordance with schedule B in this subsection.
24	(3) Whenever, as of September 30, 1987 2016, or any subsequent computation date the
25	amount in the employment security fund available for benefits is five and eight-tenths percent
26	(5.8%) four and seventy-five hundredths percent (4.75%) but less than six and one-tenth (6.1%)
27	five and five-tenths percent (5.5%) of total payrolls as determined in § 28-43-1(9), an experience
28	rate for each eligible employer for the immediately following calendar year shall be determined in
29	accordance with schedule C in this subsection.
30	(4) Whenever, as of September 30, 1987 2016, or any subsequent computation date the
31	amount in the employment security fund available for benefits is five and three-tenths percent
32	(5.3%) four percent (4.0%) but less than five and eight-tenths (5.8%) four and seventy-five
33	hundredths percent (4.75%) of total payrolls as determined in § 28-43-1(9), an experience rate for
34	each eligible employer for the immediately following calendar year shall be determined in
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1	accordance with schedule D in this subsection.
2	(5) Whenever, as of September 30, 1987 2016, or any subsequent computation date the
3	amount in the employment security fund available for benefits is four and seven-tenths percent
4	(4.7%) three and twenty-five hundredths percent (3.25%) but less than five and three-tenths
5	(5.3%) four percent (4.0%) of total payrolls as determined in § 28-43-1(9), an experience rate for
6	each eligible employer for the immediately following calendar year shall be determined in
7	accordance with schedule E in this subsection.
8	(6) Whenever, as of September 30, 1987 2016, or any subsequent computation date the
9	amount in the employment security fund available for benefits is three and six-tenths percent
10	(3.6%) two and five-tenths percent (2.5%) but less than four and seven-tenths (4.7%) three and
11	twenty-five hundredths percent (3.25%) of total payrolls as determined in § 28-43-1(9), an
12	experience rate for each eligible employer for the immediately following calendar year shall be
13	determined in accordance with schedule F in this subsection.
14	(7) Whenever, as of September 30, 1987 2016, or any subsequent computation date the
15	amount in the employment security fund available for benefits is three percent (3%) one and
16	seventy-five hundredths percent (1.75%) but less than three and six-tenths (3.6%) two and five-
17	tenths percent (2.5%) of total payrolls as determined in § 28-43-1(9), an experience rate for each
18	eligible employer for the immediately following calendar year shall be determined in accordance
19	with schedule G in this subsection.
20	(8) Whenever, as of September 30, 1987 2016, or any subsequent computation date the
21	amount in the employment security fund available for benefits is two and seventy five hundredths
22	percent (2.75%) one percent (1.0%) but less than three percent (3%) one and seventy-five
23	hundredths percent (1.75%) of total payrolls as determined in § 28-43-1(9), an experience rate for
24	each eligible employer for the immediately following calendar year shall be determined in
25	accordance with schedule H in this subsection.
26	(9) Whenever, as of September 30, 1987 2016, or any subsequent computation date the
27	amount in the employment security fund available for benefits is less than two and seventy five
28	hundredths percent (2.75%) one percent (1.0%) of total payrolls as determined in § 28-43-1(9), an
29	experience rate for each eligible employer for the immediately following calendar year shall be
30	determined in accordance with schedule I in this subsection.
31	(See Tax Tables on next page)
32	(10) [Deleted by P.L. 2010, ch. 23, art. 22, § 3].
33	(b) The contribution rate for each employer for a given calendar year shall be determined
34	and the employer notified of it not later than April 1 next succeeding each computation date. That
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1	determination shall be binding unless an appeal is taken in accordance with provisions of § 28-
2	43-13.
3	SECTION 2. Chapter 28-39 of the General Laws entitled “Temporary Disability
4	Insurance – General Provisions” is hereby amended by adding thereto the following section:
5	§ 28-39-41. Task Force.– (a) There is hereby established a task force on temporary
6	disability insurance fraud and program integrity. The task force shall consist of the following
7	members or their designees:
8	(1) the director of labor and training or designee;
9	(2) the secretary of health and human services or designee;
10	(3) the director of health or designee:
11	(4) the director of office of management and budget or designee; and
12	(5) the attorney general or designee.
13	The director of labor and training shall chair the task force.
14	(b) The task force shall coordinate joint efforts to combat fraud and abuse in the
15	temporary disability insurance program. The task force shall:
16	(1) Foster appropriate use of the program by both claimants and qualified healthcare
17	providers by educating them about the intent of the program, the benefits provided, acceptable
18	use of benefits and applicable requirements;
19	(2) Protect the integrity of the temporary disability insurance fund by performing joint
20	investigations into fraudulent activities; and
21	(3) Employ best practices as established by other insurance programs both public and
22	private to ensure program goals and objectives are aimed at providing efficient and effective
23	services to all customers.
24	(c) Notwithstanding and other law or regulation to the contrary, the task force shall
25	facilitate timely information sharing between and among task force members, including the
26	establishment of protocols by which participating agencies will advise or refer to other agencies
27	matters of potential interest.
28	SECTION 3. Sections 28-41-11 and 28-41-15 of the General Laws in Chapter 28-41
29	entitled “Temporary Disability Insurance – Benefits” are hereby amended to read as follows:
30	§ 28-41-15. Filing of claims – Restriction on waiting period credit or benefits –
31	Copies of law and regulations. – (a) Benefit claims shall be filed pursuant to prescribed
32	regulations.
33	(b) No individual shall be eligible for waiting period credits or benefits under this title for
34	any week of unemployment due to sickness which occurs more than fifty-two (52) weeks ninety
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1	(90) days prior to the time when written notice of his or her claim for waiting period credits or
2	benefits is mailed or delivered to the department of labor and training or such other agency as the
3	director may designate. Notwithstanding the above, the director may extend the clam filing period
4	up to twenty-six (26) weeks if the individual can show a good medical reason for the delay in
5	filing the claim for benefits. [See Tax Schedules]
6	(c) Each employer shall post and maintain printed statements of subsection (b) of this
7	section and of those regulations, in places readily accessible to individuals in his or her service.
8	Those printed statements shall be supplied by the director to each employer without cost to that
9	employer.
10	(d) Upon the filing of a claim, the director shall promptly mail a notice of the filing of the
11	claim to the claimant's most recent employer and to all employers for whom the claimant states
12	he or she performed services and earned wages during his or her base period. The employers shall
13	promptly furnish the information required to determine the claimant's benefit rights. If the
14	claimant's employer or employers have any information which might affect either the validity of
15	the claim or the right of the claimant to waiting period credit or benefits, the employer shall return
16	the notice with this information. Notwithstanding any inconsistent provisions of chapters 39 – 41
17	of this title, any employer who fails without good cause as established to the satisfaction of the
18	director to return the notice within seven (7) working days of its mailing shall pay a penalty of
19	twenty-five dollars ($25.00) for each failure. This penalty shall be paid into the temporary
20	disability insurance reserve fund and if any employer fails to pay the penalty, when assessed, it
21	shall be collected by civil action as provided in § 28-40-12.
22	SECTION 4. Section 1 shall take effect upon passage. Sections 2 and 3 shall take effect
23	as of January 1, 2017.
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1
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1	ARTICLE 17
2	RELATING TO COMMERCE
3	SECTION 1. Section 42-64.26-5 of the General Laws in Chapter 42-64.26 entitled "Stay
4	Invested in RI Wavemaker Fellowship" is hereby amended to read as follows:
5	§ 42-64.26-5. Administration. – (a) Application. An eligible graduate claiming an award
6	under this chapter shall submit to the commerce corporation an application in the manner that the
7	commerce corporation shall prescribe.
8	(b)(1)Upon receipt of a proper application from an applicant who meets all of the
9	eligibility requirements, the commerce corporation shall select applicants on a competitive basis
10	to receive credits for up to a maximum amount for each service period of one thousand dollars
11	($1,000) for an associate's degree holder, four thousand dollars ($4,000) for a bachelor's degree
12	holder, and six thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to
13	exceed the education loan repayment expenses incurred by such taxpayer during each service
14	period completed, for up to four (4) consecutive service periods provided that the taxpayer
15	continues to meet the eligibility requirements throughout the eligibility period. The commerce
16	corporation shall delegate the selection of the applicants that are to receive awards to a fellowship
17	committee to be convened by the commerce corporation and promulgate the selection procedures
18	the fellowship committee will use, which procedures shall require that the committee's
19	consideration of applications be conducted on a name-blind and employer-blind basis and that the
20	applications and other supporting documents received or reviewed by the fellowship committee
21	shall be redacted of the applicant's name, street address, and other personally-identifying
22	information as well as the applicant's employer's name, street address, and other employer-
23	identifying information. The commerce corporation shall determine the composition of the
24	fellowship committee and the selection procedures it will use in consultation with the state's
25	chambers of commerce.
26	(2) An applicant who applies pursuant to subsection (b)(1) shall, subject to
27	appropriations, automatically be allowed a tax credit if the applicant satisfies the eligibility
28	requirements and the applicant satisfies the following additional criteria: the applicant (i) has
29	within one year of applying received a bachelor’s or graduate degree with a cumulative grade
30	average of B+ or better, with such average to be determined pursuant to regulations adopted by
31	the commerce corporation, in one of the following fields: life, natural or environmental sciences;
32	computer, information or software technology; advanced mathematics or finance; engineering; or
33	industrial design or other commercially related design field; (ii) has within three months of
34	applying accepted or received an offer of employment satisfying the requirements of section 42-
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1	64.26-3(8)(ii); and (iii) has received a bachelor’s or graduate degree from a Rhode Island
2	institution of higher education within one year of applying or has graduated from a Rhode Island
3	high school. Applicants not satisfying requirements (i) through (iii) of this subsection (b)(2) may
4	still be considered for tax credits pursuant to the procedure set forth in subsection (b)(1).
5	(c) The credits awarded under this chapter shall not exceed one hundred percent (100%)
6	of the education loan repayment expenses incurred by such taxpayer during each service period
7	completed for up to four (4) consecutive service periods; provided that, an individual may receive
8	an amount in tax credits in excess of one hundred percent (100%) of the education loan
9	repayment expenses incurred by such taxpayer if the excess is provided to ensure that the
10	taxpayer’s proceeds upon redemption of the credit, after accounting for federal taxation and any
11	portion of the credit used against state tax liability, is equal to one hundred percent (100%) of the
12	education loan repayment expenses incurred by such the taxpayer for the relevant service period.
13	Tax credits shall be issued annually to the taxpayer upon proof that (i) the taxpayer has actually
14	incurred and paid such education loan repayment expenses; (ii) the taxpayer continues to meet the
15	eligibility requirements throughout the service period; (iii) Tthe award shall not exceed the
16	original loan amount plus any capitalized interest less award previously claimed under this
17	section; and (iv) that the taxpayer claiming an award is current on his or her student loan
18	repayment obligations.
19	(d) The commerce corporation shall not commit to overall awards in excess of the
20	amount contained in the fund.
21	(e) The commerce corporation shall reserve seventy percent (70%) of the awards issued
22	in a calendar year to applicants who are permanent residents of the state of Rhode Island or who
23	attended an institution of higher education located in Rhode Island when they incurred the
24	education loan expenses to be repaid.
25	(f) In administering awards, the commerce corporation shall:
26	(1) Require suitable proof that an applicant meets the eligibility requirements for award
27	under this chapter;
28	(2) Determine the contents of applications and other materials to be submitted in support
29	of an application for award under this chapter; and
30	(3) Collect reports and other information during the eligibility period for each award to
31	verify that a taxpayer continues to meet the eligibility requirements for an award.
32	SECTION 2. Chapter 42.64.26 of the General Laws entitled "Stay Invested in RI
33	Wavemaker Fellowship" is hereby amended by adding thereto the following sections:
34	§ 42-64.26-5.1. Alternative selection. – (a) An applicant meeting the eligibility
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1	requirements and within the eligibility period may receive a tax credit under this chapter if the
2	applicant has been nominated by a business for which tax credits have been reserved under this
3	section.
4	(b) A business may apply to the commerce corporation to reserve tax credits for
5	employees of that business. In determining whether to approve the application of a business, the
6	commerce corporation may take into account: the nature of the positions for which the tax credits
7	are earmarked and whether the positions are new to the state; whether the award of tax credits are
8	for positions that are difficult to fill in this state; and such other factors as the commerce
9	corporation deems relevant.
10	(c) A business for which tax credits are reserved may nominate applicants for tax credits
11	on an annual basis. A business may nominate only new full-time employees of the business or
12	employees who were nominated to receive tax credits in the preceding year.
13	(d) The commerce corporation shall require a business to enter into an incentive
14	agreement prior to tax credits under this chapter being reserved for the business which shall
15	include the following provisions, along with such others as the commerce corporation deems
16	appropriate:
17	(1) the maximum amount of tax credits reserved;
18	(2) the maximum number of employees to be allocated the tax credits reserved;
19	(3) the number of years, not to exceed four, for which credits will be reserved;
20	(4) a provision requiring a business to forfeit reserved tax credits if it fails to allocate
21	applicable tax credits to a specified minimum number of employees; and
22	(5) a provision specifying that the business shall not reduce the compensation or benefits
23	that would otherwise be paid to an employee on account of that employee being nominated for
24	allocation of the tax credits.
25	(e) No more than fifteen percent (15%) of the total amount of tax credits to be committed
26	under this chapter for a given year can be committed through credits reserved for a single
27	business.
28	SECTION 3. Sections 42-64.22-4, 42-64.22-7 and 42-64.22-8 of the General Laws in
29	Chapter 42-64.22 entitled "Tax Stabilization Incentive" are hereby amended as follows:
30	§ 42-64.22-4. Incentives for municipalities. – (a) The qualifying community or hope
31	community grants a qualifying tax stabilization agreement in connection with a qualifying
32	project, upon certification by the commerce corporation and subject to availability of
33	appropriated funds, the commerce corporation shall provide a partial reimbursement of no more
34	than ten percent (10%) of the qualifying community and/or hope community's forgone tax
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1	revenue. The qualification for reimbursement shall cease upon any termination or cessation of the
2	underlying tax stabilization agreement or upon exhaustion of funds appropriated pursuant to this
3	section.
4	(b) Notwithstanding subsection (a), the commerce corporation in any fiscal year may
5	enter into up to five (5) agreements permitting reimbursement in excess of ten percent (10%) of
6	forgone revenue for a qualifying tax stabilization agreement in connection with a qualifying
7	project, subject to the following conditions:
8	(1) Any community chosen to receive reimbursement in excess of ten percent (10%) of
9	the community’s foregone revenue must be selected pursuant to a competitive process
10	administered by the commerce corporation, provided that the commerce corporation may
11	administer more than one such competitive process in any given fiscal year.
12	(2) The reimbursement provided to the community for the qualifying tax stabilization
13	agreement shall not exceed fifty percent (50%) of the community’s foregone tax revenue.
14	(3) In the case of a qualifying community,
15	(i) the city or town council must pass a resolution designating the qualifying project as
16	the most important project to the municipality’s economic development for that fiscal year; and
17	(ii) in any given fiscal year, a single qualifying community can only receive one (1)
18	agreement from the commerce corporation providing for reimbursement in excess of ten percent
19	(10%) of foregone revenue.
20	(4) In the case of a hope community,
21	(i) the city or town council shall pass a resolution designating the qualifying project as
22	one of the two most important projects to the municipality’s economic development for that fiscal
23	year; and
24	(ii) in any given fiscal year, a single hope community can only receive two (2)
25	agreements from the commerce corporation providing for reimbursement in excess of ten percent
26	(10%) of foregone revenue.
27	(5) The qualification for reimbursement shall cease upon any termination or cessation of
28	the underlying tax stabilization agreement or upon exhaustion of funds appropriated pursuant to
29	this section.
30	§ 42-64.22-7. Alternative eligibility requirements. – (a) Qualifying communities may
31	receive incentives under this chapter, where the tax stabilization agreement is for a qualified
32	development project involving an adaptive reuse of a recognized historical structure or results in
33	the creation of at least twenty (20) units of residential housing; provided that at least twenty
34	percent (20%) of the residential units are for affordable or workforce housing.
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1	(b) Qualifying communities may receive incentives under this chapter, where the tax
2	stabilization agreement is for a qualified development project involving an adaptive reuse of a
3	certified historic structure, if such qualified development project:
4	(i) Has been certified by the state historic preservation officer that the adaptive reuse will
5	be consistent with the standards of the Secretary of the United States Department of the Interior
6	for rehabilitation; and
7	(ii) Results in the creation of at least twenty (20) units of residential housing; provided
8	that at least twenty percent (20%) of the residential units are for affordable or workforce housing.
9	(c) Hope communities may receive incentives under this chapter, where the tax
10	stabilization agreement is for a qualified development project involving an adaptive reuse of a
11	recognized historical structure or results in the creation of at least twenty (20) units of residential
12	housing.
13	§ 42-64.22-8. Reimbursement. – The aggregate value of all reimbursements approved
14	by the commerce corporation pursuant to this chapter during the eligibility period shall not
15	exceed the lesser of ten (10%) percentof the qualifying and/or hope communities' forgone tax
16	revenue or annual appropriations received by the commerce corporation for the program.
17	SECTION 4. Sections 44-48.3-4 and 44-48.3-6 of the General Laws in Chapter 44-48.3
18	entitled "Rhode Island New Qualified Jobs Incentive Act of 2015" are hereby amended to read as
19	follows:
20	§ 44-48.3-4. Rhode Island qualified jobs incentive program. – (a) The Rhode Island
21	qualified jobs incentive program is hereby established as a program under the jurisdiction of and
22	shall be administered by the commerce corporation. The program may provide tax credits to
23	eligible businesses for an eligibility period not to exceed ten (10) years.
24	(b) An eligible business under the program shall be entitled to a credit against taxes
25	imposed pursuant to chapters 11, 13, 14, 17 or 30 of title 44 as further provided under this
26	chapter.
27	(c) The minimum number of new full-time jobs required to be eligible for a tax credit
28	under this program shall be as follows:
29	(1) For a business in a targeted industry that employs not more than one hundred (100)
30	full-time employees on the date of application to the commerce corporation, the creation of at
31	least ten (10) five (5) new full-time jobs in this state;
32	(2) For a business in a targeted industry that employs more than one hundred (100) full-
33	time employees on the date of application to the commerce corporation, either the creation of new
34	full-time jobs in this state in an amount not less than ten percent (10%) five percent (5%) of the
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1	business's existing number of full-time employees or the creation of at least one hundred (100)
2	fifty (50) new full-time jobs in this state;
3	(3) For a business in a non-targeted industry that employs not more than two hundred
4	(200) full-time employees on the date of application to the commerce corporation, the creation of
5	at least twenty (20) ten (10) new full-time jobs in this state; or
6	(4) For a business in a non-targeted industry that employs more than two hundred (200)
7	full-time employees on the date of application to the commerce corporation, either the creation of
8	new full-time jobs in this state in an amount not less than ten percent (10%) five percent (5%) of
9	the business's existing number of full-time employees or the creation of at least one hundred
10	(100) fifty (50) new full-time jobs in this state.
11	(d) When a business applies for an incentive under this chapter, in order to assist the
12	commerce corporation in determining whether the business is eligible for the incentives under
13	this chapter, the business's chief executive officer, or equivalent officer, shall attest under oath:
14	(1) That any projected creation of new full-time jobs would not occur, or would not occur
15	in the state of Rhode Island, but for the provision of tax credits under the program;
16	(2) The business will create new full-time jobs in an amount equal to or greater than the
17	applicable number set forth in subsection (c) of this section;
18	(3) That the business's chief executive officer, or equivalent officer, has reviewed the
19	information submitted to the commerce corporation and that the representations contained therein
20	are accurate and complete.
21	(e) The commerce corporation shall establish, by regulation, the documentation an
22	applicant shall be required to provide under this subsection. Such documentation may include
23	documentation showing that the applicant could reasonably locate the new positions outside of
24	this state, or that the applicant is considering locating the positions outside of this state, or that it
25	would not be financially feasible for the applicant to create the positions without the tax credits
26	provided in this chapter.
27	(f) In the event that this attestation by the business's chief executive officer, or equivalent
28	officer, required under subsection (d) of this section is found to be willfully false, the commerce
29	corporation may revoke any award of tax credits in their entirety, which revocation shall be in
30	addition to any other criminal or civil penalties that the business and/or the officer may be subject
31	to under applicable law. Additionally, the commerce corporation may revoke any award of tax
32	credits in its entirety if the eligible business is convicted of bribery, fraud, theft, embezzlement,
33	misappropriation, and/or extortion involving the state, any state agency or political subdivision of
34	the state.
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1	§ 44-48.3-6. Total amount of tax credit for eligible business. – (a) The base amount of
2	the tax credit for an eligible business for each new full-time job shall be up to two thousand five
3	hundred dollars ($2,500) annually.
4	(b) The total tax credit amount shall be calculated and credited to the business annually
5	for each year of the eligibility period after the commerce corporation, in consultation with the
6	division of taxation, has verified that the jobs covered by the tax credit have generated sufficient
7	personal income taxes to comply with subsection (e)(d) of this section.
8	(c) In addition to the base amount of the tax credit, the amount of the tax credit to be
9	awarded for each new full-time job may be increased, pursuant to the provisions of subsection (d)
10	of this section, if the business meets any of the following criteria or such other additional criteria
11	determined by the commerce corporation from time to time in response to evolving economic or
12	market conditions:
13	(1) For a business located within a hope community;
14	(2) For a targeted industry;
15	(3) For a business located within a transit oriented development area; and
16	(4) For an out-of-state business that relocates a business unit or units or creates a
17	significant number of new full-time jobs during the commitment period.
18	(d) For any application made to the commerce corporation from 2015 through 2018, the
19	tax credit for an eligible business for each new full-time job shall not exceed seven thousand five
20	hundred dollars ($7,500) annually.
21	(e)(d) Notwithstanding the provisions of subsections (a) through (d)(c) of this section, for
22	each application approved by the commerce corporation, the amount of tax credits available to be
23	obtained by the business annually shall not exceed the reasonable W-2 withholding received by
24	the state for each new full-time job created by a business for applications received by the
25	commerce corporation in 2015 through 2018.
26	(f)(e) The commerce corporation shall establish regulations regarding the conditions
27	under which a business may submit more than one application for tax credits over time. The
28	commerce corporation may place limits on repeat applications.
29	SECTION 5. Section 42-64.20-7 of the General Laws in Chapter 42-64.20 entitled
30	"Rebuild Rhode Island Tax Credit" is hereby amended to read as follows:
31	§ 42-64.20-7. Rebuild Rhode Island tax credit fund. – There is hereby established at
32	the commerce corporation a restricted account known as the rebuild Rhode Island tax credit fund
33	(the "fund") in which all amounts appropriated for the redemption and/or reimbursement of tax
34	credits under this chapter shall be deposited. The Fund shall be used (i) to pay for the redemption
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1	of tax credits or reimbursement to the state for tax credits applied against a taxpayer's liability;
2	and (ii) to provide reimbursements to municipalities authorized by the commerce corporation
3	pursuant to chapter 42-64.22 of the general laws. The Fund shall be exempt from attachment, levy
4	or any other process at law or in equity. The director of the department of revenue shall make a
5	requisition to the commerce corporation for funding during any fiscal year as may be necessary to
6	pay for the redemption of tax credits presented for redemption or to reimburse the state for tax
7	credits applied against a taxpayer's tax liability. The commerce corporation shall pay from the
8	Fund such amounts as requested by the director of the department of revenue necessary for
9	redemption or reimbursement in relation to tax credits granted under this chapter.
10	SECTION 6. Section 42-64.30-8 of the General Laws in Chapter 42-64.30 entitled
11	"Anchor Institution Tax Credit" is hereby amended to read as follows:
12	§ 42-64.30-8. Anchor institution tax credit fund. – (a) There is hereby established at
13	the commerce corporation a restricted account known as the Anchor Institution tax credit fund
14	(the "fund") in which all amounts appropriated for the redemption and/or reimbursement of tax
15	credits under this chapter shall be deposited. The Fund shall be used to pay for the redemption of
16	tax credits or reimbursement to the state for tax credits applied against a taxpayer's liability. The
17	Fund shall be exempt from attachment, levy or any other process at law or in equity. The director
18	of the department of revenue shall make a requisition to the commerce corporation for funding
19	during any fiscal year as may be necessary to pay for the redemption of tax credits presented for
20	redemption or to reimburse the state for tax credits applied against a taxpayer's tax liability. The
21	commerce corporation shall pay from the Fund such amounts as requested by the director of the
22	department of revenue necessary for redemption or reimbursement in relation to tax credits
23	granted under this chapter.
24	(b) The executive office of commerce may authorize the commerce corporation to
25	transfer amounts in the Fund to the rebuild Rhode Island tax credit fund created pursuant to § 42-
26	64.20-7.
27	SECTION 7. TITLE 42 of the General Laws entitled “State Affairs and Government” is
28	hereby amended by adding thereto the following chapter:
29	CHAPTER 64.32
30	REFUNDABLE RESEARCH AND DEVELOPMENT TAX CREDIT
31	§ 42-64.32-1. Short title. -- This chapter shall be known and may be cited as the
32	“Refundable Research and Development Tax Credit Act.”
33	§ 42-64.32-2. Legislative findings. -- Underinvestment in research and development
34	stunts the growth of Rhode Island's economy and inhibits the potential of Rhode Island
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1	businesses. Through the establishment of the refundable research and development tax credit
2	program, Rhode Island can foster research and development activity and thereby encourage local
3	companies to expand their innovation activities and also induce out-of-state businesses to
4	consider Rhode Island as a location to conduct research and development. In so doing, this
5	program will further advance the competitiveness of Rhode Island and its companies in the
6	national and global economies and result in the creation and/or retention of jobs and tax revenues
7	for the state.
8	§ 42-64.32-3. Definitions. -- As used in this chapter:
9	(1) “Base amount” shall have the same meaning as defined in 26 U.S.C. § 41.
10	(2) “Business” means a C corporation, S corporation, partnership, limited partnership,
11	limited liability partnership, limited liability company, or sole proprietorship;
12	(3) “Commerce corporation” means the Rhode Island commerce corporation established
13	pursuant to general laws § 42-64-1 et. seq;
14	(4) “Municipal property taxes” means taxes imposed by a municipality and incurred by a
15	business on real or personal property.
16	(5) “Qualified research expenses” shall have the same meaning as defined in 26 U.S.C.
17	§ 41.
18	§ 42-64.32-4. Establishment of program. -- A refundable research and development tax
19	credit program is hereby established as a program under the jurisdiction of and administered by
20	the commerce corporation. The program may authorize businesses to receive a refund of the tax
21	credit authorized under this chapter for an eligibility period of up to five (5) years.
22	§ 42-64.32-5. Tax credits. – (a) To be eligible for tax credits under this chapter, a
23	business shall apply to the commerce corporation for approval prior to incurring the qualified
24	research expenses that will give rise to the tax credit sought. Such approval shall require that the
25	business submit a completed application as developed by the commerce corporation.
26	(b) The commerce corporation may take into account the following factors in determining
27	whether to approve a business for a refundable tax credit pursuant to this section: whether the
28	business has made a multi-year commitment to conduct research and development activities in
29	this state; whether the business will make a substantial new investment in plant, equipment, or
30	personnel in order to accomplish the proposed research and development activities; whether the
31	receipt of the credit is a factor in the business’s decision to conduct research and development
32	activities in this state; and such other factors as the commerce corporation deems relevant.
33	(c) The commerce corporation may authorize a business to receive a refundable tax credit
34	for an eligibility period of not more than five (5) years, beginning no earlier than the year in
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1	which the business applied to the commerce corporation for a refundable tax credit.
2	(d) The amount of the credit shall be five percent (5%) (and in the case of amounts paid
3	or accrued after July 1, 2016, twenty-two and one-half percent (22.5%) for the first twenty-five
4	thousand dollars ($25,000) worth of credit and sixteen and nine-tenths percent (16.9%) for the
5	amount of credit above twenty-five thousand dollars ($25,000)) of the excess, if any, of:
6	(1) The qualified research expenses for the taxable year, over
7	(2) The base amount.
8	(e) Notwithstanding subsection (d), the amount of the credit available to any business in
9	any given year shall not exceed the municipal property taxes incurred by the business in the
10	municipality or municipalities in which the qualified research expenses took place for the year in
11	which the business incurred the qualified research expenses up to a maximum of two-hundred
12	thousand dollars ($200,000).
13	(f) Prior to issuance of any credits to an approved business, the commerce corporation
14	shall require the business to enter into an incentive agreement setting forth the business’s
15	eligibility period for credits under this section, which is not to exceed five (5) years, and the terms
16	and conditions on the receipt of the credits.
17	(g) To claim a tax credit authorized by the corporation, an approved business shall apply
18	annually in each year of its eligibility period to the commerce corporation for a certification that
19	the business has met all the requirements of this section and the incentive agreement. The
20	commerce corporation shall issue to the business a certification or a written response detailing
21	any deficiencies precluding certification. The commerce corporation may deny certification, or
22	may revoke the incentive agreement if the business does not meet all requirements of this section
23	and any additional requirements set by the commerce corporation in the incentive agreement.
24	(h) Upon issuance of a certification by the commerce corporation under subsection (g) of
25	this section, the division of taxation shall, on behalf of the State of Rhode Island and at the
26	request of the business, issue tax credit certificates as specified in the certification.
27	(i) Subject to annual appropriation, a taxpayer shall be entitled to use the tax credit
28	available under this chapter against taxes imposed pursuant to chapters 11, 17, or 30 of title 44.
29	(j) Upon request of a taxpayer and subject to annual appropriation, the state shall refund a
30	credit provided under this chapter in whole or in part for one hundred percent (100%) of the value
31	of the tax credit. A taxpayer may only claim a refund of a credit amount for the year in which the
32	credit was issued. Credits carried over pursuant to subsection (k) shall not be refundable.
33	(k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer's total
34	tax liability for the year in which the credit is allowed, the amount that exceeds the taxpayer's tax
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1	liability may be refunded pursuant to subsection (j) or carried forward for credit against the taxes
2	imposed for the succeeding four (4) years, or until the full credit is used, whichever occurs first.
3	(k) In the case of a corporation, this credit is only allowed against the tax of a corporation
4	included in a consolidated return that qualifies for the credit and not against the tax of other
5	corporations that may join in the filing of a consolidated tax return.
6	(n) Credits allowed to a partnership, a limited liability company taxed as a partnership,
7	or multiple owners of property shall be passed through to the persons designated as partners,
8	members or owners respectively pro rata or pursuant to an executed agreement among such
9	persons designated as partners, members or owners documenting an alternate distribution method
10	without regard to their sharing of other tax or economic attributes of such entity.
11	§ 42-64.32-6. Refundable research and development tax credit fund. – There is
12	hereby established at the commerce corporation a restricted account known as the refundable
13	research and development tax credit fund (the “fund”) in which all amounts appropriated for the
14	refund and/or reimbursement of tax credits under this chapter shall be deposited. The fund shall
15	be used to pay for the refund of tax credits or reimbursement to the state for tax credits applied
16	against a taxpayer's liability. The fund shall be exempt from attachment, levy or any other process
17	at law or in equity. The director of the department of revenue shall make a requisition to the
18	commerce corporation for funding during any fiscal year as may be necessary to pay for the
19	refund of tax credits presented for refunding or to reimburse the state for tax credits applied
20	against a taxpayer's tax liability. The commerce corporation shall pay from the fund such amounts
21	as requested by the director of the department of revenue necessary for refund or reimbursement
22	in relation to tax credits granted under this chapter.
23	§ 42-64.32-7. Election of tax credit. – In a given tax year, a business cannot use the
24	credit provided for under this chapter in conjunction with the tax credit provided for in section
25	44-32-3 of the general laws.
26	§ 42-64.32-8. Program integrity. – (a) Program integrity being of paramount
27	importance, the commerce corporation shall establish procedures to ensure ongoing compliance
28	with the terms and conditions of the program established herein, including procedures to
29	safeguard the expenditure of public funds and to ensure that the funds further the objectives of the
30	program.
31	(b) The commerce corporation and division of taxation shall promulgate such rules and
32	regulations pursuant to § 42-35-3 of the general laws as are necessary to carry out the intent and
33	purpose and implementation of the responsibilities of each under this chapter.
34	§ 42-64.32-9. Reporting requirements. – (a) By September 1, 2017 and each year
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1	thereafter, the commerce corporation shall report the name and address of each business entering
2	into an incentive agreement during the previous state fiscal year to the division of taxation. The
3	commerce corporation shall also make this information publicly available on its website.
4	(b) By December 1, 2017 and each year thereafter, the office of management and budget
5	shall provide the governor with the sum, if any, to be appropriated to fund the refundable research
6	and development tax credit program.
7	SECTION 8. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled “Personal
8	Income Tax” is hereby amended to read as follows:
9	§ 44-30-2.6. Rhode Island taxable income – Rate of tax. – (a) "Rhode Island taxable
10	income" means federal taxable income as determined under the Internal Revenue Code, 26 U.S.C.
11	§ 1 et seq., not including the increase in the basic standard deduction amount for married couples
12	filing joint returns as provided in the Jobs and Growth Tax Relief Reconciliation Act of 2003 and
13	the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), and as modified by
14	the modifications in § 44-30-12.
15	(b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on
16	or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island
17	taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-
18	five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year
19	2002 and thereafter of the federal income tax rates, including capital gains rates and any other
20	special rates for other types of income, except as provided in § 44-30-2.7, which were in effect
21	immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of
22	2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax administrator
23	beginning in taxable year 2002 and thereafter in the manner prescribed for adjustment by the
24	commissioner of Internal Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or
25	after January 1, 2006, a taxpayer may elect to use the alternative flat tax rate provided in § 44-30-
26	2.10 to calculate his or her personal income tax liability.
27	(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative
28	minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode
29	Island alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by
30	multiplying the federal tentative minimum tax without allowing for the increased exemptions
31	under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal
32	form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%)
33	for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing
34	the product to the Rhode Island tax as computed otherwise under this section. The excess shall be
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1	the taxpayer's Rhode Island alternative minimum tax.
2	(1) For tax years beginning on or after January 1, 2005 and thereafter the exemption
3	amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by
4	the tax administrator in the manner prescribed for adjustment by the commissioner of Internal
5	Revenue in 26 U.S.C. § 1(f).
6	(2) For the period January 1, 2007 through December 31, 2007, and thereafter, Rhode
7	Island taxable income shall be determined by deducting from federal adjusted gross income as
8	defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island
9	itemized deduction amount and the Rhode Island exemption amount as determined in this section.
10	(A) Tax imposed.
11	(1) There is hereby imposed on the taxable income of married individuals filing joint
12	returns and surviving spouses a tax determined in accordance with the following table:
13	If taxable income is: The tax is:
14	Not over $53,150 3.75% of taxable income
15	Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150
16	Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500
17	Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850
18	Over $349,700 $26,333.75 plus 9.9% of the excess over $349,700
19	(2) There is hereby imposed on the taxable income of every head of household a tax
20	determined in accordance with the following table:
21	If taxable income is: The tax is:
22	Not over $42,650 3.75% of taxable income
23	Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650
24	Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100
25	Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350
26	Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700
27	(3) There is hereby imposed on the taxable income of unmarried individuals (other than
28	surviving spouses and heads of households) a tax determined in accordance with the following
29	table:
30	If taxable income is: The tax is:
31	Not over $31,850 3.75% of taxable income
32	Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850
33	Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100
34	Over $160,850 but not over $349,700 $10,852.5 plus 9.00% of the excess over $160,850
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1	Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700
2	(4) There is hereby imposed on the taxable income of married individuals filing separate
3	returns and bankruptcy estates a tax determined in accordance with the following table:
4	If taxable income is: The tax is:
5	Not over $26,575 3.75% of taxable income
6	Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575
7	Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250
8	Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925
9	Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850
10	(5) There is hereby imposed a taxable income of an estate or trust a tax determined in
11	accordance with the following table:
12	If taxable income is: The tax is:
13	Not over $2,150 3.75% of taxable income
14	Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150
15	Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000
16	Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650
17	Over $10,450 $737.50 plus 9.90% of the excess over $10,450
18	(6) Adjustments for inflation.
19	The dollars amount contained in paragraph (A) shall be increased by an amount equal to:
20	(a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by;
21	(b) The cost-of-living adjustment determined under section (J) with a base year of 1993;
22	(c) The cost-of-living adjustment referred to in subparagraph (a) and (b) used in making
23	adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall
24	be determined under section (J) by substituting "1994" for "1993."
25	(B) Maximum capital gains rates
26	(1) In general
27	If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax
28	imposed by this section for such taxable year shall not exceed the sum of:
29	(a) 2.5 % of the net capital gain as reported for federal income tax purposes under section
30	26 U.S.C. 1(h)(1)(a) and 26 U.S.C. 1(h)(1)(b).
31	(b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.
32	1(h)(1)(c).
33	(c) 6.25% of the net capital gain as reported for federal income tax purposes under 26
34	U.S.C. 1(h)(1)(d).
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1	(d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.
2	1(h)(1)(e).
3	(2) For tax years beginning on or after January 1, 2010 the tax imposed on net capital
4	gain shall be determined under subdivision 44-30-2.6(c)(2)(A).
5	(C) Itemized deductions.
6	(1) In general
7	For the purposes of section (2) "itemized deductions" means the amount of federal
8	itemized deductions as modified by the modifications in § 44-30-12.
9	(2) Individuals who do not itemize their deductions
10	In the case of an individual who does not elect to itemize his deductions for the taxable
11	year, they may elect to take a standard deduction.
12	(3) Basic standard deduction.
13	The Rhode Island standard deduction shall be allowed in accordance with the
14	following table:
15	Filing status Amount
16	Single $5,350
17	Married filing jointly or qualifying widow(er) $8,900
18	Married filing separately $4,450
19	Head of Household $7,850
20	(4) Additional standard deduction for the aged and blind.
21	An additional standard deduction shall be allowed for individuals age sixty-five (65) or
22	older or blind in the amount of $1,300 for individuals who are not married and $1,050 for
23	individuals who are married.
24	(5) Limitation on basic standard deduction in the case of certain dependents.
25	In the case of an individual to whom a deduction under section (E) is allowable to another
26	taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater
27	of:
28	(a) $850;
29	(b) The sum of $300 and such individual's earned income;
30	(6) Certain individuals not eligible for standard deduction.
31	In the case of:
32	(a) A married individual filing a separate return where either spouse itemizes deductions;
33	(b) Nonresident alien individual;
34	(c) An estate or trust;
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1	The standard deduction shall be zero.
2	(7) Adjustments for inflation.
3	Each dollars amount contained in paragraphs (3), (4) and (5) shall be increased by an
4	amount equal to:
5	(a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988,
6	multiplied by
7	(b) The cost-of-living adjustment determined under section (J) with a base year of 1988.
8	(D) Overall limitation on itemized deductions
9	(1) General rule.
10	In the case of an individual whose adjusted gross income as modified by § 44-30-12
11	exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the
12	taxable year shall be reduced by the lesser of:
13	(a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12
14	over the applicable amount; or
15	(b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable
16	for such taxable year.
17	(2) Applicable amount.
18	(a) In general.
19	For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in
20	the case of a separate return by a married individual)
21	(b) Adjustments for inflation.
22	Each dollar amount contained in paragraph (a) shall be increased by an amount equal to:
23	(i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by
24	(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
25	(3) Phase-out of Limitation.
26	(a) In general.
27	In the case of taxable year beginning after December 31, 2005, and before January 1,
28	2010, the reduction under section (1) shall be equal to the applicable fraction of the amount which
29	would be the amount of such reduction.
30	(b) Applicable fraction.
31	For purposes of paragraph (a), the applicable fraction shall be determined in accordance
32	with the following table:
33	For Taxable years beginning in calendar year The applicable fraction
34	is
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1	2006 and 2007 2/3
2	2008 and 2009 1/3
3	(E) Exemption amount
4	(1) In general.
5	Except as otherwise provided in this subsection, the term "exemption amount" mean
6	$3,400.
7	(2) Exemption amount disallowed in case of certain dependents.
8	In the case of an individual with respect to whom a deduction under this section is
9	allowable to another taxpayer for the same taxable year, the exemption amount applicable to such
10	individual for such individual's taxable year shall be zero.
11	(3) Adjustments for inflation.
12	The dollar amount contained in paragraph (1) shall be increased by an amount equal to:
13	(a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by
14	(b) The cost-of-living adjustment determined under section (J) with a base year of 1989.
15	(4) Limitation.
16	(a) In general.
17	In the case of any taxpayer whose adjusted gross income as modified for the taxable year
18	exceeds the threshold amount shall be reduced by the applicable percentage.
19	(b) Applicable percentage.
20	In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the
21	threshold amount, the exemption amount shall be reduced by two (2) percentage points for each
22	$2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year
23	exceeds the threshold amount. In the case of a married individual filing a separate return, the
24	preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the
25	applicable percentage exceed one hundred percent (100%).
26	(c) Threshold Amount.
27	For the purposes of this paragraph, the term "threshold amount" shall be determined with
28	the following table:
29	Filing status Amount
30	Single $156,400
31	Married filing jointly of qualifying widow(er) $234,600
32	Married filing separately $117,300
33	Head of Household $195,500
34	(d) Adjustments for inflation.
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1	Each dollars amount contain in paragraph (b) shall be increased by an amount equal to:
2	(i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by
3	(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
4	(5) Phase-out of Limitation.
5	(a) In general.
6	In the case of taxable years beginning after December 31, 2005, and before January 1,
7	2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which
8	would be the amount of such reduction.
9	(b) Applicable fraction.
10	For the purposes of paragraph (a), the applicable fraction shall be determined in
11	accordance with the following table:
12	For Taxable years beginning in calendar year The applicable fraction
13	is
14	2006 and 2007 2/3
15	2008 and 2009 1/3
16	(F) Alternative minimum tax
17	(1) General rule. There is hereby imposed (in addition to any other tax imposed by this
18	subtitle) a tax equal to the excess (if any) of:
19	(a) The tentative minimum tax for the taxable year, over
20	(b) The regular tax for the taxable year.
21	(2) The tentative minimum tax for the taxable year is the sum of:
22	(a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus
23	(b) 7.0 percent of so much of the taxable excess above $175,000.
24	(3) The amount determined under the preceding sentence shall be reduced by the
25	alternative minimum tax foreign tax credit for the taxable year.
26	(4) Taxable excess. For the purposes of this subsection the term "taxable excess" means
27	so much of the federal alternative minimum taxable income as modified by the modifications in §
28	44-30-12 as exceeds the exemption amount.
29	(5) In the case of a married individual filing a separate return, subparagraph (2) shall be
30	applied by substituting "$87,500" for $175,000 each place it appears.
31	(6) Exemption amount.
32	For purposes of this section "exemption amount" means:
33	Filing status Amount
34	Single $39,150
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1	Married filing jointly or qualifying widow(er) $53,700
2	Married filing separately $26,850
3	Head of Household $39,150
4	Estate or trust $24,650
5	(7) Treatment of unearned income of minor children
6	(a) In general.
7	In the case of a minor child, the exemption amount for purposes of section (6) shall not
8	exceed the sum of:
9	(i) Such child's earned income, plus
10	(ii) $6,000.
11	(8) Adjustments for inflation.
12	The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount
13	equal to:
14	(a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied
15	by
16	(b) The cost-of-living adjustment determined under section (J) with a base year of 2004.
17	(9) Phase-out.
18	(a) In general.
19	The exemption amount of any taxpayer shall be reduced (but not below zero) by an
20	amount equal to twenty-five percent (25%) of the amount by which alternative minimum taxable
21	income of the taxpayer exceeds the threshold amount.
22	(b) Threshold amount.
23	For purposes of this paragraph, the term "threshold amount" shall be determined with the
24	following table:
25	Filing status Amount
26	Single $123,250
27	Married filing jointly or qualifying widow(er) $164,350
28	Married filing separately $82,175
29	Head of Household $123,250
30	Estate or Trust $82,150
31	(c) Adjustments for inflation
32	Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:
33	(i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by
34	(ii) The cost-of-living adjustment determined under section (J) with a base year of 2004.
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1	(G) Other Rhode Island taxes
2	(1) General rule. There is hereby imposed (in addition to any other tax imposed by this
3	subtitle) a tax equal to twenty-five percent (25%) of:
4	(a) The Federal income tax on lump-sum distributions.
5	(b) The Federal income tax on parents' election to report child's interest and dividends.
6	(c) The recapture of Federal tax credits that were previously claimed on Rhode Island
7	return.
8	(H) Tax for children under 18 with investment income
9	(1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of:
10	(a) The Federal tax for children under the age of 18 with investment income.
11	(I) Averaging of farm income
12	(1) General rule. At the election of an individual engaged in a farming business or fishing
13	business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:
14	(a) The Federal averaging of farm income as determined in IRC section 1301.
15	(J) Cost-of-living adjustment
16	(1) In general.
17	The cost-of-living adjustment for any calendar year is the percentage (if any) by which:
18	(a) The CPI for the preceding calendar year exceeds
19	(b) The CPI for the base year.
20	(2) CPI for any calendar year.
21	For purposes of paragraph (1), the CPI for any calendar year is the average of the
22	Consumer Price Index as of the close of the twelve (12) month period ending on August 31 of
23	such calendar year.
24	(3) Consumer Price Index
25	For purposes of paragraph (2), the term "consumer price index" means the last consumer
26	price index for all urban consumers published by the department of labor. For purposes of the
27	preceding sentence, the revision of the consumer price index which is most consistent with the
28	consumer price index for calendar year 1986 shall be used.
29	(4) Rounding.
30	(a) In general.
31	If any increase determined under paragraph (1) is not a multiple of $50, such increase
32	shall be rounded to the next lowest multiple of $50.
33	(b) In the case of a married individual filing a separate return, subparagraph (a) shall be
34	applied by substituting "$25" for $50 each place it appears.
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1	(K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer
2	entitled to any of the following federal credits enacted prior to January 1, 1996 shall be entitled to
3	a credit against the Rhode Island tax imposed under this section:
4	(1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5].
5	(2) Child and dependent care credit;
6	(3) General business credits;
7	(4) Credit for elderly or the disabled;
8	(5) Credit for prior year minimum tax;
9	(6) Mortgage interest credit;
10	(7) Empowerment zone employment credit;
11	(8) Qualified electric vehicle credit.
12	(L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, a
13	taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode
14	Island tax imposed under this section if the adopted child was under the care, custody, or
15	supervision of the Rhode Island department of children, youth and families prior to the adoption.
16	(M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits
17	provided there shall be no deduction based on any federal credits enacted after January 1, 1996,
18	including the rate reduction credit provided by the federal Economic Growth and Tax
19	Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be
20	reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax
21	purposes shall determine the Rhode Island amount to be recaptured in the same manner as
22	prescribed in this subsection.
23	(N) Rhode Island earned income credit
24	(1) In general.
25	For tax years beginning before January 1, 2015 a taxpayer entitled to a federal earned
26	income credit shall be allowed a Rhode Island earned income credit equal to twenty-five percent
27	(25%) of the federal earned income credit. Such credit shall not exceed the amount of the Rhode
28	Island income tax.
29	For tax years beginning on or after January, 1, 2015 and before January 1, 2016, a
30	taxpayer entitled to a federal earned income credit shall be allowed a Rhode Island earned income
31	credit equal to ten percent (10%) of the federal earned income credit. Such credit shall not exceed
32	the amount of the Rhode Island income tax.
33	For tax years beginning on or after January, 1, 2016 and before January 1, 2017, a
34	taxpayer entitled to a federal earned income credit shall be allowed a Rhode Island earned income
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1	credit equal to twelve and one-half percent (12.5%) of the federal earned income credit. Such
2	credit shall not exceed the amount of the Rhode Island income tax.
3	For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal
4	earned income credit shall be allowed a Rhode Island earned income credit equal to fifteen
5	percent (15%) of the federal earned income credit. Such credit shall not exceed the amount of the
6	Rhode Island income tax.
7	(2) Refundable portion.
8	In the event the Rhode Island earned income credit allowed under paragraph (N)(1) of
9	this section (J) exceeds the amount of Rhode Island income tax, a refundable earned income
10	credit shall be allowed as follows.
11	(i) For tax years beginning before January 1, 2015, for purposes of paragraph (2)
12	refundable earned income credit means fifteen percent (15%) of the amount by which the Rhode
13	Island earned income credit exceeds the Rhode Island income tax.
14	(a)(ii) For tax years beginning on or after January 1, 2015, For for purposes of paragraph
15	(2) refundable earned income credit means one hundred percent (100%) of the amount by which
16	the Rhode Island earned income credit exceeds the Rhode Island income tax.
17	(O) The tax administrator shall recalculate and submit necessary revisions to paragraphs
18	(A) through (J) to the general assembly no later than February 1, 2010 and every three (3) years
19	thereafter for inclusion in the statute.
20	(3) For the period January 1, 2011 through December 31, 2011, and thereafter, "Rhode
21	Island taxable income" means federal adjusted gross income as determined under the Internal
22	Revenue Code, 26 U.S.C. 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-
23	30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to
24	subparagraph 44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant of
25	subparagraph 44-30-2.6(c)(3)(C).
26	(A) Tax imposed.
27	(I) There is hereby imposed on the taxable income of married individuals filing joint
28	returns, qualifying widow(er), every head of household, unmarried individuals, married
29	individuals filing separate returns and bankruptcy estates, a tax determined in accordance with the
30	following table:
31	RI Taxable Income RI Income Tax
32	Over But not over Pay+% on Excess On the amount
33	over
34	$0- $55,000 $0+3.75% $0
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1	$55,000 $125,000 $2,063 +4.75% $55,000
2	$125,000 $5,388+5.99% $125,000
3	(II) There is hereby imposed on the taxable income of an estate or trust a tax determined
4	in accordance with the following table:
5	RI Taxable Income RI Income Tax
6	Over But not over Pay+% on Excess On the amount
7	over
8	$0- $2,230 $0+3.75% $0
9	$2,230 $7,022 $84+4.75% $2,230
10	$7,022 $312+5.99 $7,022
11	(B) Deductions:
12	(I) Rhode Island Basic Standard Deduction.
13	Only the Rhode Island standard deduction shall be allowed in accordance with the
14	following table:
15	Filing status: Amount
16	Single $7,500
17	Married filing jointly or qualifying widow(er) $15,000
18	Married filing separately $7,500
19	Head of Household $11,250
20	(II) Nonresident alien individuals, estates and trusts are not eligible for standard
21	deductions.
22	(III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode
23	Island purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five
24	thousand dollars ($175,000), the standard deduction amount shall be reduced by the applicable
25	percentage. The term "applicable percentage" means twenty (20) percentage points for each five
26	thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for
27	the taxable year exceeds one hundred seventy-five thousand dollars ($175,000).
28	(C) Exemption Amount:
29	(I) The term "exemption amount" means three thousand five hundred dollars ($3,500)
30	multiplied by the number of exemptions allowed for the taxable year for federal income tax
31	purposes.
32	(II) Exemption amount disallowed in case of certain dependents. In the case of an
33	individual with respect to whom a deduction under this section is allowable to another taxpayer
34	for the same taxable year, the exemption amount applicable to such individual for such
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1	individual's taxable year shall be zero.
2	(D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode
3	Island purposes pursuant to § 33-30-12, for the taxable year exceeds one hundred seventy- five
4	thousand dollars ($175,000), the exemption amount shall be reduced by the applicable
5	percentage. The term "applicable percentage" means twenty (20) percentage points for each five
6	thousand dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for
7	the taxable year exceeds one hundred seventy-five thousand dollars ($175,000).
8	(E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-
9	2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount
10	equal to:
11	(I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-
12	2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000,
13	multiplied by;
14	(II) The cost-of-living adjustment with a base year of 2000.
15	(III) For the purposes of this section the cost-of-living adjustment for any calendar year is
16	the percentage (if any) by which the consumer price index for the preceding calendar year
17	exceeds the consumer price index for the base year. The consumer price index for any calendar
18	year is the average of the consumer price index as of the close of the twelve (12) month period
19	ending on August 31, of such calendar year.
20	(IV) For the purpose of this section the term "consumer price index" means the last
21	consumer price index for all urban consumers published by the department of labor. For the
22	purpose of this section the revision of the consumer price index which is most consistent with the
23	consumer price index for calendar year 1986 shall be used.
24	(V) If any increase determined under this section is not a multiple of fifty dollars
25	($50.00), such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the
26	case of a married individual filing separate return, if any increase determined under this section is
27	not a multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower
28	multiple of twenty-five dollars ($25.00).
29	(E) Credits against tax.
30	(I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on
31	or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be
32	as follows:
33	(a) Rhode Island Earned Income Credit: Credit shall be allowed for earned income credit
34	pursuant to subparagraph 44-30-2.6(c)(2)(N).
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1	(b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided
2	in § 44-33-1 et seq.
3	(c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax
4	credit as provided in § 44-30.3-1 et seq.
5	(d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to
6	other states pursuant to § 44-30-74.
7	(e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax
8	credit as provided in § 44-33.2-1 et seq.
9	(f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture
10	production tax credit as provided in § 44-31.2-1 et seq.
11	(g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of
12	the federal child and dependent care credit allowable for the taxable year for federal purposes;
13	provided, however, such credit shall not exceed the Rhode Island tax liability.
14	(h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for
15	contributions to scholarship organizations as provided in § 44-62 et seq.
16	(i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be
17	taxable as if no withholding were required, but any amount of Rhode Island personal income tax
18	actually deducted and withheld in any calendar year shall be deemed to have been paid to the tax
19	administrator on behalf of the person from whom withheld, and the person shall be credited with
20	having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable
21	year of less than twelve (12) months, the credit shall be made under regulations of the tax
22	administrator.
23	(j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested
24	in RI wavemaker fellowship program as provided in § 42-64.26-1 et seq.
25	(k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in
26	§ 42-64.20-1 et seq.
27	(l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode
28	Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq.
29	(m) Refundable Research and Development Tax Credit: Credit shall be allowed for
30	refundable research and development tax credit as provided in § 42-64.32-1 et seq.
31	(2) Except as provided in section 1 above, no other state and federal tax credit shall be
32	available to the taxpayers in computing tax liability under this chapter.
33	SECTION 9. This article shall take effect upon passage.
34	ARTICLE 18
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1	RELATING TO RENEWABLE ENERGY PROGRAMS
2	SECTION 1. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled "Duties of
3	Utilities and Carriers” is hereby amended to read as follows:
4	§ 39-2-1.2. Utility base rate – Advertising, demand side management and
5	renewables. – (a) In addition to costs prohibited in § 39-1-27.4(b), no public utility distributing
6	or providing heat, electricity, or water to or for the public shall include as part of its base rate any
7	expenses for advertising, either direct or indirect, which promotes the use of its product or
8	service, or is designed to promote the public image of the industry. No public utility may furnish
9	support of any kind, direct, or indirect, to any subsidiary, group, association, or individual for
10	advertising and include the expense as part of its base rate. Nothing contained in this section shall
11	be deemed as prohibiting the inclusion in the base rate of expenses incurred for advertising,
12	informational or educational in nature, which is designed to promote public safety conservation of
13	the public utility's product or service. The public utilities commission shall promulgate such rules
14	and regulations as are necessary to require public disclosure of all advertising expenses of any
15	kind, direct or indirect, and to otherwise effectuate the provisions of this section.
16	(b) Effective as of January 1, 2008, and for a period of fifteen (15) years thereafter, each
17	electric distribution company shall include a charge per kilowatt-hour delivered to fund demand
18	side management programs. The 0.3 mills per kilowatt-hour delivered to fund renewable energy
19	programs shall remain in effect until December 31, 2017 2022. The electric distribution company
20	shall establish and, after July 1, 2007, maintain two (2) separate accounts, one for demand side
21	management programs (the "demand side account"), which shall be funded by the electric
22	demand side charge and administered and implemented by the distribution company, subject to
23	the regulatory reviewing authority of the commission, and one for renewable energy programs,
24	which shall be administered by the Rhode Island commerce corporation pursuant to § 42-64-13.2
25	and, shall be held and disbursed by the distribution company as directed by the Rhode Island
26	commerce corporation for the purposes of developing, promoting and supporting renewable
27	energy programs.
28	During the time periods established in § 39-2-1.2(b), the commission may, in its
29	discretion, after notice and public hearing, increase the sums for demand side management and
30	renewable resources. In addition, the commission shall, after notice and public hearing, determine
31	the appropriate charge for these programs. The office of energy resources and/or the administrator
32	of the renewable energy programs may seek to secure for the state an equitable and reasonable
33	portion of renewable energy credits or certificates created by private projects funded through
34	those programs. As used in this section, "renewable energy resources" shall mean: (1) power
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1	generation technologies as defined in § 39-26-5, "eligible renewable energy resources", including
2	off-grid and on-grid generating technologies located in Rhode Island as a priority; (2) research
3	and development activities in Rhode Island pertaining to eligible renewable energy resources and
4	to other renewable energy technologies for electrical generation; or (3) projects and activities
5	directly related to implementing eligible renewable energy resources projects in Rhode Island.
6	Technologies for converting solar energy for space heating or generating domestic hot water may
7	also be funded through the renewable energy programs. Fuel cells may be considered an energy
8	efficiency technology to be included in demand sided management programs. Special rates for
9	low-income customers in effect as of August 7, 1996 shall be continued, and the costs of all of
10	these discounts shall be included in the distribution rates charged to all other customers. Nothing
11	in this section shall be construed as prohibiting an electric distribution company from offering
12	any special rates or programs for low-income customers which are not in effect as of August 7,
13	1996, subject to the approval by the commission.
14	(1) The renewable energy investment programs shall be administered pursuant to rules
15	established by the Rhode Island commerce corporation. Said rules shall provide transparent
16	criteria to rank qualified renewable energy projects, giving consideration to:
17	(i) the feasibility of project completion;
18	(ii) the anticipated amount of renewable energy the project will produce;
19	(iii) the potential of the project to mitigate energy costs over the life of the project; and
20	(iv) the estimated cost per kilo-watt hour (kwh) of the energy produced from the project.
21	(c) [Deleted by P.L. 2012, ch. 241, art. 4, § 14].
22	(d) The executive director of the economic development commerce corporation is
23	authorized and may enter into a contract with a contractor for the cost effective administration of
24	the renewable energy programs funded by this section. A competitive bid and contract award for
25	administration of the renewable energy programs may occur every three (3) years and shall
26	include as a condition that after July 1, 2008 the account for the renewable energy programs shall
27	be maintained and administered by the economic development commerce corporation as provided
28	for in subdivision (b) above.
29	(e) Effective January 1, 2007, and for a period of sixteen (16) years thereafter, each gas
30	distribution company shall include, with the approval of the commission, a charge per deca therm
31	delivered to fund demand side management programs (the "gas demand side charge"), including,
32	but not limited to, programs for cost-effective energy efficiency, energy conservation, combined
33	heat and power systems, and weatherization services for low income households.
34	(f) Each gas company shall establish a separate account for demand side management
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1	programs (the "gas demand side account"), which shall be funded by the gas demand side charge
2	and administered and implemented by the distribution company, subject to the regulatory
3	reviewing authority of the commission. The commission may establish administrative
4	mechanisms and procedures that are similar to those for electric demand side management
5	programs administered under the jurisdiction of the commissions and that are designed to achieve
6	cost-effectiveness and high life-time savings of efficiency measures supported by the program.
7	(g) The commission may, if reasonable and feasible, except from this demand side
8	management charge:
9	(i) gas used for distribution generation; and
10	(ii) gas used for the manufacturing processes, where the customer has established a self-
11	directed program to invest in and achieve best effective energy efficiency in accordance with a
12	plan approved by the commission and subject to periodic review and approval by the
13	commission, which plan shall require annual reporting of the amount invested and the return on
14	investments in terms of gas savings.
15	(h) The commission may provide for the coordinated and/or integrated administration of
16	electric and gas demand side management programs in order to enhance the effectiveness of the
17	programs. Such coordinated and/or integrated administration may after March 1, 2009, upon the
18	recommendation of the office of energy resources, be through one or more third-party entities
19	designated by the commission pursuant to a competitive selection process.
20	(i) Effective January 1, 2007, the commission shall allocate from demand-side
21	management gas and electric funds authorized pursuant to this § 39-2-1.2, an amount not to
22	exceed two percent (2%) of such funds on an annual basis for the retention of expert consultants,
23	and reasonable administrations costs of the energy efficiency and resources management council
24	associated with planning, management, and evaluation of energy efficiency programs, renewable
25	energy programs, system reliability least-cost procurement, and with regulatory proceedings,
26	contested cases, and other actions pertaining to the purposes, powers and duties of the council,
27	which allocation may by mutual agreement, be used in coordination with the office of energy
28	resources to support such activities.
29	(j) Effective January 1, 2016, the commission shall annually allocate from the
30	administrative funding amount allocated in subsection (i) from the demand-side management
31	program as described in subsection (i) as follows: fifty percent (50%) for the purposes identified
32	in subsection (i) and fifty percent (50%) annually to the office of energy resources for activities
33	associated with planning management, and evaluation of energy efficiency programs, renewable
34	energy programs, system reliability, least-cost procurement, and with regulatory proceedings,
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1	contested cases, and other actions pertaining to the purposes, powers and duties of the office of
2	energy resources.
3	(k) On April 15, of each year the office and the council shall submit to the governor, the
4	president of the senate, and the speaker of the house of representatives, separate financial and
5	performance reports regarding the demand-side management programs, including the specific
6	level of funds that were contributed by the residential, municipal, and commercial and industrial
7	sectors to the overall programs; the businesses, vendors, and institutions that received funding
8	from demand-side management gas and electric funds used for the purposes in § 39-2-1.2; and the
9	businesses, vendors, and institutions that received the administrative funds for the purposes in
10	sections 39-2-1.2(i) and 39-2-1.2(j). These reports shall be posted electronically on the websites
11	of the office of energy resources and the energy efficiency resource management council.
12	(l) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank,
13	each electric distribution company, except for the Pascoag Utility District and Block Island Power
14	Company, shall remit two percent (2%) of the amount of the 2014 electric demand side charge
15	collections to the Rhode Island infrastructure bank in accordance with the terms of § 46-12.2-
16	14.1.
17	(m) On or after August 1, 2015, at the request of the Rhode Island infrastructure bank,
18	each gas distribution company shall remit two percent (2%) of the amount of the 2014 gas
19	demand side charge collections to the Rhode Island infrastructure bank in accordance with the
20	terms of § 46-12.2-14.1.
21	SECTION 2. Section 39-26.4-2 of the General Laws in Chapter 39-26.4 entitled “Net
22	Metering” is hereby amended to read as follows:
23	§ 39-26.4-2. Definitions. – Terms not defined in this section herein shall have the same
24	meaning as contained in chapter 26 of title 39 of the general laws. When used in this chapter:
25	(1) "Eligible net metering resource" means eligible renewable energy resource as defined
26	in § 39-26-5 including biogas created as a result of anaerobic digestion, but, specifically
27	excluding all other listed eligible biomass fuels;
28	(2) "Eligible Net Metering System" means a facility generating electricity using an
29	eligible net metering resource that is reasonably designed and sized to annually produce
30	electricity in an amount that is equal to or less than the renewable self-generator's usage at the
31	eligible net metering system site measured by the three (3) year average annual consumption of
32	energy over the previous three (3) years at the electric distribution account(s) located at the
33	eligible net metering system site. A projected annual consumption of energy may be used until
34	the actual three (3) year average annual consumption of energy over the previous three (3) years
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1	at the electric distribution account(s) located at the eligible net metering system site becomes
2	available for use in determining eligibility of the generating system. The eligible net metering
3	system may must be owned by the same entity that is the customer of record on the net metered
4	accounts or by a third-party company through a third-party financing arrangement.
5	Notwithstanding any other provisions of this chapter, any eligible net metering resource: (i)
6	owned by a public entity or multi-municipal collaborative or (ii) owned and operated by a
7	renewable generation developer on behalf of a public entity or multi-municipal collaborative
8	through public or private entity net metering financing arrangement shall be treated as an eligible
9	net metering system and all accounts designated by the public entity or multi-municipal
10	collaborative for net metering shall be treated as accounts eligible for net metering within an
11	eligible net metering system site.
12	(3) "Eligible Net Metering System Site" means the site where the eligible net metering
13	system is located or is part of the same campus or complex of sites contiguous to one another and
14	the site where the eligible net metering system is located or a farm in which the eligible net
15	metering system is located. Except for an eligible net metering system owned by or operated on
16	behalf of a public entity or multi-municipal collaborative through a public entity net metering
17	financing arrangement, the purpose of this definition is to reasonably assure that energy generated
18	by the eligible net metering system is consumed by net metered electric service account(s) that
19	are actually located in the same geographical location as the eligible net metering system. Except
20	for an eligible net metering system owned by or operated on behalf of a public entity or multi-
21	municipal collaborative through a public entity net metering financing arrangement or through a
22	third-party financing arrangement, all of the net metered accounts at the eligible net metering
23	system site must be the accounts of the same customer of record and customers are not permitted
24	to enter into agreements or arrangements to change the name on accounts for the purpose of
25	artificially expanding the eligible net metering system site to contiguous sites in an attempt to
26	avoid this restriction. However, a property owner may change the nature of the metered service at
27	the accounts at the site to be master metered in the owner's name, or become the customer of
28	record for each of the accounts, provided that the owner becoming the customer of record actually
29	owns the property at which the account is located, and, if the net metering system arrangement is
30	done through a third-party financing arrangement, then the net metering system can be owned by
31	the third-party company. As long as the net metered accounts meet the requirements set forth in
32	this definition, there is no limit on the number of accounts that may be net metered within the
33	eligible net metering system site.
34	(4) "Excess Renewable Net Metering Credit" means a credit that applies to an eligible net
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1	metering system for that portion of the renewable self-generator's production of electricity
2	beyond one hundred percent (100%) and no greater than one hundred twenty-five percent (125%)
3	of the renewable self-generator's own consumption at the eligible net metering system site during
4	the applicable billing period. Such excess renewable net metering credit shall be equal to the
5	electric distribution company's avoided cost rate, which is hereby declared to be the electric
6	distribution company's standard offer service kilo-watt hour (kWh) charge for the rate class and
7	time-of-use billing period (if applicable) applicable to the distribution customer account(s) at the
8	eligible net metering system site. Where there are accounts at the eligible net metering system site
9	in different rate classes, the electric distribution company may calculate the excess renewable net
10	metering credit based on the average of the standard offer service rates applicable to those on-site
11	accounts. The electric distribution company has the option to use the energy received from such
12	excess generation to serve the standard offer service load. The commission shall have the
13	authority to make determinations as to the applicability of this credit to specific generation
14	facilities to the extent there is any uncertainty or disagreement.
15	(5) "Farm" shall be defined in accordance with § 44-27-2, except that all buildings
16	associated with the farm shall be eligible for net metering credits as long as: (i) The buildings are
17	owned by the same entity operating the farm or persons associated with operating the farm; and
18	(ii) The buildings are on the same farmland as the project on either a tract of land contiguous with
19	or reasonably proximate to such farmland or across a public way from such farmland.
20	(6) "Multi-municipal collaborative" means a group of towns and/or cities that enter into
21	an agreement for the purpose of co-owning a renewable generation facility or entering into a
22	financing arrangement pursuant to subdivision (7).
23	(7) "Public and private entity net metering financing arrangement" means arrangements
24	entered into by a residential, commercial, private, or public institution, public entity or multi-
25	municipal collaborative with a private entity to facilitate the financing and operation of a net
26	metering resource, in which the private entity owns and operates an eligible net metering resource
27	on behalf of a residential, commercial, private, or public institution, public entity or multi-
28	municipal collaborative, where: (i) The eligible net metering resource is located on property
29	owned or controlled by the residential, commercial, private, or public institution, public entity or
30	one of the municipalities, as applicable, and (ii) The production from the eligible net metering
31	resource and primary compensation paid by the residential, commercial, private, or public
32	institution, public entity or multi-municipal collaborative to the private entity for such production
33	is directly tied to the consumption of electricity occurring at the designated net metered accounts.
34	(8) "Net metering" means using electricity generated by an eligible net metering system
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1	for the purpose of self-supplying power at the eligible net metering system site and thereby
2	offsetting consumption at the eligible net metering system site through the netting process
3	established in this chapter.
4	(9) "Net metering customer" means a customer of the electric distribution company
5	receiving and being billed for distribution service whose distribution account(s) are being net
6	metered.
7	(10) "Person" means an individual, firm, corporation, association, partnership, farm, town
8	or city of the State of Rhode Island, multi-municipal collaborative, or the State of Rhode Island or
9	any department of the state government, governmental agency or public instrumentality of the
10	state.
11	(11) "Project" means a distinct installation of an eligible net metering system. An
12	installation will be considered distinct if it is installed in a different location, or at a different
13	time, or involves a different type of renewable energy.
14	(12) "Public and private entity" means the state of Rhode Island, municipalities,
15	wastewater treatment facilities, public transit agencies, residential, commercial, private, or public
16	institutions or any water distributing plant or system employed for the distribution of water to the
17	consuming public within this state including the water supply board of the city of Providence.
18	(13) "Renewable Net Metering Credit" means a credit that applies to an Eligible Net
19	Metering System up to one hundred percent (100%) of the renewable self-generator's usage at the
20	Eligible Net Metering System Site over the applicable billing period. This credit shall be equal to
21	the total kilowatt hours of electricity generated and consumed on-site during the billing period
22	multiplied by the sum of the distribution company's:
23	(i) Standard offer service kilowatt hour charge for the rate class applicable to the net
24	metering customer;
25	(ii) Distribution kilowatt hour charge;
26	(iii) Transmission kilowatt hour charge; and
27	(iv) Transition kilowatt hour charge.
28	(14) "Renewable self-generator" means an electric distribution service customer who
29	installs or arranges for an installation of renewable generation that is primarily designed to
30	produce electricity for consumption by that same customer at its distribution service account(s).
31	(15) “Third-party company” means a company owning or operating a renewable energy
32	system that is used by a public or private entity to engage in net metering. A third-party company
33	engaged in a third-party financing arrangement with a public or private entity is not a public
34	utility as defined in 39-1-2(20).
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1	(16) “Third-party financing arrangement” means a financial arrangement that enables the
2	financing of a renewable energy system through a lease arrangement or power purchase
3	agreement.
4	(15)(17) "Municipality" means any Rhode Island town or city, including any agency or
5	instrumentality thereof, with the powers set forth in title 45 of the general laws.
6	SECTION 3. Section 44-3-3 of the General Laws in Chapter 44-3 entitled “Property
7	Subject to Taxation” is hereby amended to read as follows:
8	§ 44-3-3. Property exempt. – (a) The following property is exempt from taxation.
9	(1) Property belonging to the state except as provided in § 44-4-4.1;
10	(2) Lands ceded or belonging to the United States;
11	(3) Bonds and other securities issued and exempted from taxation by the government of
12	the United States or of this state;
13	(4) Real estate, used exclusively for military purposes, owned by chartered or
14	incorporated organizations approved by the adjutant general and composed of members of the
15	national guard, the naval militia, or the independent chartered military organizations;
16	(5) Buildings for free public schools, buildings for religious worship, and the land upon
17	which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so
18	far as the buildings and land are occupied and used exclusively for religious or educational
19	purposes;
20	(6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or
21	the minimum lot size for zone in which the dwelling house is located, whichever is the greater,
22	owned by, or held in trust for, any religious organization and actually used by its officiating
23	clergy; provided, further, that in the town of Charlestown, where the property previously
24	described in this paragraph is exempt in total, along with dwelling houses and the land on which
25	they stand in Charlestown, not exceeding one acre in size, or the minimum lot size for zone in
26	which the dwelling house is located, whichever is the greater, owned by, or held in trust for, any
27	religious organization and actually used by its officiating clergy, or used as a convent, nunnery, or
28	retreat center by its religious order.
29	(7) Intangible personal property owned by, or held in trust for, any religious or charitable
30	organization, if the principal or income is used or appropriated for religious or charitable
31	purposes;
32	(8) Buildings and personal estate owned by any corporation used for a school, academy,
33	or seminary of learning, and of any incorporated public charitable institution, and the land upon
34	which the buildings stand and immediately surrounding them to an extent not exceeding one acre,
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1	so far as they are used exclusively for educational purposes, but no property or estate whatever is
2	hereafter exempt from taxation in any case where any part of its income or profits, or of the
3	business carried on there, is divided among its owners or stockholders; provided, however, that
4	unless any private nonprofit corporation organized as a college or university located in the town
5	of Smithfield reaches a memorandum of agreement with the town of Smithfield, the town of
6	Smithfield shall bill the actual costs for police, fire, and rescue services supplied, unless
7	otherwise reimbursed, to said corporation commencing March 1, 2014;
8	(9) Estates, persons, and families of the president and professors for the time being of
9	Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer's
10	estate, person, and family included, but only to the extent that any person had claimed and
11	utilized the exemption prior to, and for a period ending, either on or after December 31, 1996;
12	(10) Property especially exempt by charter unless the exemption has been waived in
13	whole or in part.:
14	(11) Lots of land exclusively for burial grounds;
15	(12) Property, real and personal, held for, or by, an incorporated library, society, or any
16	free public library, or any free public library society, so far as the property is held exclusively for
17	library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor
18	generally, or for a nonprofit hospital for the sick or disabled;
19	(13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated
20	organizations of veterans of any war in which the United States has been engaged, the parent
21	body of which has been incorporated by act of Congress, to the extent of four hundred thousand
22	dollars ($400,000) if actually used and occupied by the association; provided, that the city council
23	of the city of Cranston may by ordinance exempt the real or personal estate as previously
24	described in this subdivision located within the city of Cranston to the extent of five hundred
25	thousand dollars ($500,000);
26	(14) Property, real and personal, held for, or by, the fraternal corporation, association, or
27	body created to build and maintain a building or buildings for its meetings or the meetings of the
28	general assembly of its members, or subordinate bodies of the fraternity, and for the
29	accommodation of other fraternal bodies or associations, the entire net income of which real and
30	personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or
31	asylums, a home or homes, a school or schools, for the free education or relief of the members of
32	the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity,
33	their wives, widows, or orphans, and any fund given or held for the purpose of public education,
34	almshouses, and the land and buildings used in connection therewith;
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1	(15) Real estate and personal property of any incorporated volunteer fire engine company
2	or incorporated volunteer ambulance or rescue corps in active service;
3	(16) The estate of any person who, in the judgment of the assessors, is unable from
4	infirmity or poverty to pay the tax; providing, that in the town of Burrillville the tax shall
5	constitute a lien for five (5) years on the property where the owner is entitled to the exemption. At
6	the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold or
7	conveyed, or if debt secured by the property is refinanced during the five (5) year period, the lien
8	immediately becomes due and payable; any person claiming the exemption aggrieved by an
9	adverse decision of an assessor shall appeal the decision to the local board of tax review and
10	thereafter according to the provisions of § 44-5-26;
11	(17) Household furniture and family stores of a housekeeper in the whole, including
12	clothing, bedding, and other white goods, books, and all other tangible personal property items
13	that are common to the normal household;
14	(18) Improvements made to any real property to provide a shelter and fallout protection
15	from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided,
16	that the improvements meet applicable standards for shelter construction established from time to
17	time by the Rhode Island emergency management agency. The improvements are deemed to
18	comply with the provisions of any building code or ordinance with respect to the materials or the
19	methods of construction used and any shelter or its establishment is deemed to comply with the
20	provisions of any zoning code or ordinance;
21	(19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;
22	(20) Manufacturer's inventory
23	(i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to
24	be a manufacturer within a city or town within this state if that person uses any premises, room,
25	or place in it primarily for the purpose of transforming raw materials into a finished product for
26	trade through any or all of the following operations: adapting, altering, finishing, making, and
27	ornamenting; provided, that public utilities; non-regulated power producers commencing
28	commercial operation by selling electricity at retail or taking title to generating facilities on or
29	after July 1, 1997; building and construction contractors; warehousing operations, including
30	distribution bases or outlets of out-of-state manufacturers; and fabricating processes incidental to
31	warehousing or distribution of raw materials, such as alteration of stock for the convenience of a
32	customer; are excluded from this definition;
33	(ii) For the purposes of §§ 44-3-3, 44-4-10, and 44-5-38, the term "manufacturer's
34	inventory" or any similar term means and includes the manufacturer's raw materials, the
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1	manufacturer's work in process, and finished products manufactured by the manufacturer in this
2	state, and not sold, leased, or traded by the manufacturer or its title or right to possession
3	divested; provided, that the term does not include any finished products held by the manufacturer
4	in any retail store or other similar selling place operated by the manufacturer whether or not the
5	retail establishment is located in the same building in which the manufacturer operates the
6	manufacturing plant;
7	(iii) For the purpose of § 44-11-2, a "manufacturer" is a person whose principal business
8	in this state consists of transforming raw materials into a finished product for trade through any or
9	all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be
10	principally engaged if the gross receipts that person derived from the manufacturing operations in
11	this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than
12	fifty percent (50%) of the total gross receipts that person derived from all the business activities
13	in which that person engaged in this state during the taxable year. For the purpose of computing
14	the percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished
15	products manufactured by the manufacturer in this state, even though the manufacturer's store or
16	other selling place may be at a different location from the location of the manufacturer's
17	manufacturing plant in this state, are deemed to have been derived from manufacturing;
18	(iv) Within the meaning of the preceding paragraphs of this subdivision, the term
19	"manufacturer" also includes persons who are principally engaged in any of the general activities
20	coded and listed as establishments engaged in manufacturing in the Standard Industrial
21	Classification Manual prepared by the Technical Committee on Industrial Classification, Office
22	of Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as
23	revised from time to time, but eliminating as manufacturers those persons, who, because of their
24	limited type of manufacturing activities, are classified in the manual as falling within the trade
25	rather than an industrial classification of manufacturers. Among those thus eliminated, and
26	accordingly also excluded as manufacturers within the meaning of this paragraph, are persons
27	primarily engaged in selling, to the general public, products produced on the premises from which
28	they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and
29	custom tailors, except, that a person who manufactures bakery products for sale primarily for
30	home delivery, or through one or more non-baking retail outlets, and whether or not retail outlets
31	are operated by person, is a manufacturer within the meaning of this paragraph;
32	(v) The term "Person" means and includes, as appropriate, a person, partnership, or
33	corporation; and
34	(vi) The department of revenue shall provide to the local assessors any assistance that is
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1	necessary in determining the proper application of the definitions in this subdivision.
2	(21) Real and tangible personal property acquired to provide a treatment facility used
3	primarily to control the pollution or contamination of the waters or the air of the state, as defined
4	in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been
5	constructed, reconstructed, erected, installed, or acquired in furtherance of federal or state
6	requirements or standards for the control of water or air pollution or contamination, and certified
7	as approved in an order entered by the director of environmental management. The property is
8	exempt as long as it is operated properly in compliance with the order of approval of the director
9	of environmental management; provided, that any grant of the exemption by the director of
10	environmental management in excess of ten (10) years is approved by the city or town in which
11	the property is situated. This provision applies only to water and air pollution control properties
12	and facilities installed for the treatment of waste waters and air contaminants resulting from
13	industrial processing; furthermore, it applies only to water or air pollution control properties and
14	facilities placed in operation for the first time after April 13, 1970;
15	(22) New manufacturing machinery and equipment acquired or used by a manufacturer
16	and purchased after December 31, 1974. Manufacturing machinery and equipment is defined as:
17	(i) Machinery and equipment used exclusively in the actual manufacture or conversion of
18	raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision
19	(20) of this section, and machinery, fixtures, and equipment used exclusively by a manufacturer
20	for research and development or for quality assurance of its manufactured products;
21	(ii) Machinery and equipment that is partially used in the actual manufacture or
22	conversion of raw materials or goods in process of manufacture by a manufacturer, as defined in
23	subdivision (20) of this section, and machinery, fixtures, and equipment used by a manufacturer
24	for research and development or for quality assurance of its manufactured products, to the extent
25	to which the machinery and equipment is used for the manufacturing processes, research and
26	development, or quality assurance. In the instances where machinery and equipment is used in
27	both manufacturing and/or research and development, and/or quality assurance activities and non-
28	manufacturing activities, the assessment on machinery and equipment is prorated by applying the
29	percentage of usage of the equipment for the manufacturing, research and development and
30	quality assurance activity to the value of the machinery and equipment for purposes of taxation,
31	and the portion of the value used for manufacturing, research and development, and quality
32	assurance is exempt from taxation. The burden of demonstrating this percentage usage of
33	machinery and equipment for manufacturing and for research and development, and/or quality
34	assurance of its manufactured products rests with the manufacturer; and
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1	(iii) Machinery and equipment described in § 44-18-30(7) and (22) that was purchased
2	after July 1, 1997; provided that the city or town council of the city or town in which the
3	machinery and equipment is located adopts an ordinance exempting the machinery and equipment
4	from taxation. For purposes of this subsection, city councils and town councils of any
5	municipality may, by ordinance, wholly or partially exempt from taxation the machinery and
6	equipment discussed in this subsection for the period of time established in the ordinance and
7	may, by ordinance, establish the procedures for taxpayers to avail themselves of the benefit of
8	any exemption permitted under this section; provided, that the ordinance does not apply to any
9	machinery or equipment of a business, subsidiary, or any affiliated business that locates or
10	relocates from a city or town in this state to another city or town in the state.
11	(23) Precious metal bullion, meaning any elementary metal that has been put through a
12	process of melting or refining, and that is in a state or condition that its value depends upon its
13	content and not its form. The term does not include fabricated precious metal that has been
14	processed or manufactured for some one or more specific and customary industrial, professional,
15	or artistic uses;
16	(24) Hydroelectric power generation equipment, which includes, but is not limited to,
17	turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,
18	protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The
19	hydroelectric power generation equipment must have been purchased after July 1, 1979, and
20	acquired or used by a person or corporation who or that owns or leases a dam and utilizes the
21	equipment to generate hydroelectric power;
22	(25) Renewable energy resources, as defined in § 39-26-5 and associated equipment,
23	including but not limited to, modules, panels, blades, towers, DC to AC inverters that
24	interconnect with utility power lines, monitoring equipment, manufactured mounting racks and
25	ballast pans for module or panel installation, collectors, pumps, heat exchangers, and storage
26	facilities, if they are placed in service for the first time after December 31, 2015; have had a final
27	inspection performed by the local inspector for the city or town where the renewable energy
28	resource is located; and participate in net metering as defined in § 39-26.4-2.
29	(25)(26) Subject to authorization by formal action of the council of any city or town, any
30	real or personal property owned by, held in trust for, or leased to an organization incorporated
31	under chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable
32	trust" set out in § 18-9-4, as amended, or an organization incorporated under the not for profits
33	statutes of another state or the District of Columbia, the purpose of which is the conserving of
34	open space, as that term is defined in chapter 36 of title 45, as amended, provided the property is
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1	used exclusively for the purposes of the organization;
2	(26)(27) Tangible personal property, the primary function of which is the recycling,
3	reuse, or recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and
4	(iii)), from or the treatment of "hazardous wastes" as defined in § 23-19.1-4, where the
5	"hazardous wastes" are generated primarily by the same taxpayer and where the personal property
6	is located at, in, or adjacent to a generating facility of the taxpayer. The taxpayer may, but need
7	not, procure an order from the director of the department of environmental management
8	certifying that the tangible personal property has this function, which order effects a conclusive
9	presumption that the tangible personal property qualifies for the exemption under this
10	subdivision. If any information relating to secret processes or methods of manufacture,
11	production, or treatment is disclosed to the department of environmental management only to
12	procure an order, and is a "trade secret" as defined in § 28-21-10(b), it shall not be open to public
13	inspection or publicly disclosed unless disclosure is otherwise required under chapter 21 of title
14	28 or chapter 24.4 of title 23;
15	(27)(28) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-
16	4 has been paid;
17	(28)(29) Real and personal property of the Providence Performing Arts Center, a non-
18	business corporation as of December 31, 1986;
19	(29)(30) Tangible personal property owned by, and used exclusively for the purposes of,
20	any religious organization located in the city of Cranston;
21	(30)(31) Real and personal property of the Travelers Aid Society of Rhode Island, a
22	nonprofit corporation, the Union Mall Real Estate Corporation, and any limited partnership or
23	limited liability company that is formed in connection with, or to facilitate the acquisition of, the
24	Providence YMCA Building; and
25	(31)(32) Real and personal property of Meeting Street Center or MSC Realty, Inc., both
26	not-for-profit Rhode Island corporations, and any other corporation, limited partnership, or
27	limited liability company that is formed in connection with, or to facilitate the acquisition of, the
28	properties designated as the Meeting Street National Center of Excellence on Eddy Street in
29	Providence, Rhode Island.
30	(32)(33) The buildings, personal property, and land upon which the buildings stand,
31	located on Pomham Island, East Providence, currently identified as Assessor's Map 211, Block
32	01, Parcel 001.00, that consists of approximately twenty-one thousand three hundred (21,300)
33	square feet and is located approximately eight hundred sixty feet (860'), more or less, from the
34	shore, and limited exclusively to these said buildings personal estate and land, provided that said
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1	property is owned by a qualified 501(c)(3) organization, such as the American Lighthouse
2	Foundation, and is used exclusively for a lighthouse.
3	(33)(34) The Stadium Theatre Performing Arts Centreer building located in Monument
4	Square, Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is
5	owned by the Stadium Theatre Foundation, a Rhode Island nonprofit corporation.
6	(34)(35) Real and tangible personal property of St. Mary Academy – Bay View, located
7	in East Providence, Rhode Island.
8	(35)(36) Real and personal property of East Bay Community Action Program and its
9	predecessor, Self Help, Inc; provided, that the organization is qualified as a tax exempt
10	corporation under § 501(c)(3) of the United States Internal Revenue Code.
11	(36)(37) Real and personal property located within the city of East Providence of the
12	Columbus Club of East Providence, a Rhode Island charitable nonprofit corporation.
13	(37)(38) Real and personal property located within the city of East Providence of the
14	Columbus Club of Barrington, a Rhode Island charitable nonprofit corporation.
15	(38)(39) Real and personal property located within the city of East Providence of Lodge
16	2337 BPO Elks, a Rhode Island nonprofit corporation.
17	(39)(40) Real and personal property located within the city of East Providence of the St.
18	Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation.
19	(40)(41) Real and personal property located within the city of East Providence of the
20	Trustees of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode
21	Island nonprofit corporation.
22	(41)(42) Real and personal property located on the first floor of 90 Leonard Avenue
23	within the city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit
24	corporation.
25	(42)(43) Real and personal property located within the city of East Providence of the
26	Cape Verdean Museum Exhibit, a Rhode Island nonprofit corporation.
27	(43)(44) The real and personal property owned by a qualified 501(c)(3) organization that
28	is affiliated and in good standing with a national, congressionally chartered organization and
29	thereby adheres to that organization's standards and provides activities designed for recreational,
30	educational, and character building purposes for children from ages six (6) years to seventeen
31	(17) years.
32	(44)(45) Real and personal property of the Rhode Island Philharmonic Orchestra and
33	Music School; provided, that the organization is qualified as a tax exempt corporation under §
34	501(c)(3) of the United States Internal Revenue Code.
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1	(45)(46) The real and personal property located within the town of West Warwick at 211
2	Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven
3	hundred and fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of
4	East Greenwich, a Rhode Island nonprofit corporation.
5	(46)(47) Real and personal property of the Comprehensive Community Action Program,
6	a qualified tax exempt corporation under § 501(c)(3) of the United States Internal Revenue Code.
7	(47)(48) Real and personal property located at 52 Plain Street, within the city of
8	Pawtucket of the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation.
9	(b) Except as provided below, when a city or town taxes a for-profit hospital facility, the
10	value of its real property shall be the value determined by the most recent full revaluation or
11	statistical property update performed by the city or town; provided, however, in the year a
12	nonprofit hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-
13	profit hospital facility is initially established, the value of the real property and personal property
14	of the for-profit hospital facility shall be determined by a valuation performed by the assessor for
15	the purpose of determining an initial assessed value of real and personal property, not previously
16	taxed by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to
17	a right of appeal by the for-profit hospital facility which shall be made to the city or town tax
18	assessor with a direct appeal from an adverse decision to the Rhode Island superior court business
19	calendar.
20	A "for-profit hospital facility" includes all real and personal property affiliated with any
21	hospital as identified in an application filed pursuant to chapters 23-17 and/or 23-17.14.
22	Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-
23	profit hospital facility under § 44-3-9 or other laws specific to the particular city or town relating
24	to stabilization agreements. In a year in which a nonprofit hospital facility converts to, or
25	otherwise becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise
26	established, in that year only the amount levied by the city or town and/or the amount payable
27	under the stabilization agreement for that year related to the for-profit hospital facility shall not be
28	counted towards determining the maximum tax levy permitted under § 44-5-2.
29	SECTION 4. Chapter 44-3 of the General Laws entitled "Property Subject to Taxation” is
30	hereby amended by adding thereto the following section:
31	§ 44-3-21.1. Renewable energy resources – Taxation. The city or town councils of the
32	various cities and towns may, by ordinance, after consultation with the office of energy resources
33	and the division of taxation, tax any renewable energy resources and associated equipment that
34	are exempt pursuant to 44-3-3(a)(25), unless such property would be exempt from taxation
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1	pursuant to another provision of § 44-3-3(a).
2	SECTION 5. This article shall take effect upon passage.
3	ARTICLE 19
4	RELATING TO DIVISION OF MOTOR VEHICLES
5	SECTION 1. Section 31-3-33 of the General Laws in Chapter 31-3 entitled “Registration
6	of Vehicles” is hereby amended to read as follows:
7	§ 31-3-33 Renewal of registration. – (a) Application for renewal of a vehicle
8	registration shall be made by the owner on a proper application form and by payment of the
9	registration fee for the vehicle as provided by law.
10	(b) The division of motor vehicles may receive applications for renewal of registration,
11	and may grant the renewal and issue new registration cards and plates at any time prior to
12	expiration of registration.
13	(c) Upon renewal, owners will be issued a renewal sticker for each registration plate
14	which shall be placed at the bottom right hand corner of the plate. Owners shall be issued a new
15	fully reflective plate beginning July 1, 2016 April 1, 2017 at the time of initial registration or at
16	the renewal of an existing registration and reissuance will be conducted no less than every ten
17	(10) years.
18	SECTION 2. This article shall take effect upon passage.
19	ARTICLE 20
20	RELATING TO LOCAL AGRICULTURE AND SEAFOOD ACT
21	SECTION 1. Section 46-23-1 of the General Laws in Chapter 46-23 entitled "Coastal
22	Resources Management Council" is hereby amended to read as follows:
23	§ 46-23-1. Legislative findings. -- (a)(1) Under article 1, § 17 of the Rhode Island
24	Constitution, the people shall continue to enjoy and freely exercise all the rights of fishery, and
25	the privileges of the shore, to which they have been heretofore entitled under the charter and
26	usages of this state, including, but not limited to, fishing from the shore, the gathering of
27	seaweed, leaving the shore to swim in the sea and passage along the shore; and they shall be
28	secure in their rights to use and enjoyment of the natural resources of the state with due regard for
29	the preservation of their values; and it is the duty of the general assembly to provide for the
30	conservation of the air, land, water, plant, animal, mineral and other natural resources of the state,
31	and to adopt all means necessary and proper by law to protect the natural environment of the
32	people of the state by providing adequate resource planning for the control and regulation of the
33	use of the natural resources of the state and for the preservation, regeneration, and restoration of
34	the natural environment of the state.
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1	(2) The general assembly recognizes and declares that the coastal resources of Rhode
2	Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of
3	immediate and potential value to the present and future development of this state; that unplanned
4	or poorly planned development of this basic natural environment has already damaged or
5	destroyed, or has the potential of damaging or destroying, the state's coastal resources, and has
6	restricted the most efficient and beneficial utilization of these resources; that it shall be the policy
7	of this state to preserve, protect, develop, and, where possible, restore the coastal resources of the
8	state for this and succeeding generations through comprehensive and coordinated long range
9	planning and management designed to produce the maximum benefit for society from these
10	coastal resources; and that preservation and restoration of ecological systems shall be the primary
11	guiding principle upon which environmental alteration of coastal resources will be measured,
12	judged, and regulated.
13	(b)(1) That effective implementation of these policies is essential to the social and
14	economic well-being of the people of Rhode Island because the sea and its adjacent lands are
15	major sources of food and public recreation, because these resources are used by and for industry,
16	transportation, waste disposal, and other purposes, and because the demands made on these
17	resources are increasing in number, magnitude, and complexity; and that these policies are
18	necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452
19	("The Coastal Zone Management Act"), the general assembly hereby directs the council (referred
20	to as "CRMC") to exercise effectively its responsibilities in the coastal zone through the
21	development and implementation of management programs to achieve wise use of the land and
22	water resources of the coastal zone.
23	(2) Furthermore, that implementation of these policies is necessary in order to secure the
24	rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state
25	with due regard for the preservation of their values, and in order to allow the general assembly to
26	fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and
27	other natural resources of the state, and to adopt all means necessary and proper by law to protect
28	the natural environment of the people of the state by providing adequate resource planning for the
29	control and regulation of the use of the natural resources of the state and for the preservation,
30	regeneration, and restoration of the natural environment of the state.
31	(c) That these policies can best be achieved through the creation of a coastal resources
32	management council as the principal mechanism for management of the state's coastal resources.
33	(d) The general assembly recognizes and declares that maintenance dredging is required
34	to remove natural silt accumulations; Rhode Island has not had a general maintenance dredging
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1	policy and programs for ports, port facilities, channels, harbors, public and private marinas and
2	boating facilities, recreational facilities and habitat areas; other major coastal states have
3	maintenance dredging policies and in-water maintenance dredge disposal sites; as a result of the
4	lack of a general maintenance dredging policy and program and as a result there has been:
5	(1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971
6	to twenty-four (24) feet in 1996;
7	(2) Navigational restrictions on ocean going vessels through the state's waterways and
8	channels; and
9	(3) A decrease in the number of available slips and moorings at marinas throughout the
10	state; and the lack of a maintenance dredging policy and programs have significant adverse
11	environmental and economic effects on the state and therefore it is in the best interest of the state,
12	the cities and towns of the state, and the citizens thereof for the state to have a general
13	maintenance dredging policy and programs to resolve issues related to dredge maintenance and
14	disposal and avoid future significant direct and indirect adverse impact on the environment and
15	economy of the state.
16	(e) The coastal resources management council is hereby designated as the lead state
17	agency for purposes of dredging in tidal waters and as such shall have the following duties and
18	responsibilities:
19	(1) To coordinate the interest of the state with regard to dredging;
20	(2) To formulate and adopt a state policy with regard to dredging which integrates those
21	interests;
22	(3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with
23	the federal government and with other public bodies and private parties with regard to dredging;
24	(4) To act as the initial and primary point of contact for all applications to the state for
25	dredging projects in tidal waters;
26	(5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a
27	comprehensive plan for dredge material management; and
28	(6) To cooperate and coordinate with the departments of environmental management,
29	transportation, administration, and health, and the economic development Rhode Island
30	commerce corporation in the conduct of these duties and responsibilities.
31	(f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the
32	state are impressed with a public trust and that the state is responsible for the protection of the
33	public's interest in these lands. The state maintains title in fee to all soil within its boundaries that
34	lies below the high water mark, and it holds that land in trust for the use of the public. In
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1	benefiting the public, the state preserves certain public rights which include, but are not limited
2	to, fishery, commerce, and navigation in these waters and the submerged lands that they cover.
3	(2) Since its establishment in 1971, the CRMC has had the authority to manage and plan
4	for the preservation of the coastal resources of the state including, but not limited to, submerged
5	lands. The legislature hereby declares that, in light of the unique size, scope, and overall potential
6	impact upon the environment of large scale filling projects involving twenty-five (25) acres or
7	more, any lease of tidal lands, or any license to use those lands, is subject to approval,
8	disapproval, or conditional approval by the direct enactment of the general assembly by
9	legislative action. The CRMC shall review all requests for leases, licenses to use the land, and
10	other authority to use the land made by any applicant prior to presentation of the request to the
11	general assembly, and the CRMC shall make recommendations on the request to the general
12	assembly. With the exception of any and all projects to fill land of twenty-five (25) acres or more,
13	the general assembly hereby recognizes and declares that the CRMC is delegated the sole and
14	exclusive authority for the leasing of submerged and filled lands and giving licenses for the use of
15	that land. Accordingly, the CRMC will develop, coordinate, and adopt a system for the leasing of
16	submerged and filled lands, and licenses for the use of that land, and will ensure that all leases
17	and licenses are consistent with the public trust. Pursuant thereto, the CRMC shall impose a
18	maximum fee of eighty thousand dollars ($80,000) per annum for any transatlantic cable that
19	makes landfall in Rhode Island. All such fees collected shall be deposited into the Bays, Rivers
20	and Watersheds Fund, established pursuant to § 46-31-12.1, and shall be disbursed according to
21	the purposes of that fund. All fees collected for the lease of submerged tidal lands for any
22	renewable energy project with a project cost exceeding five million dollars ($5,000,000) shall be
23	deposited into the Rhode Island local agriculture and seafood small grants and technical
24	assistance fund established pursuant to § 2-25-6, and shall be disbursed according to the purposes
25	of that fund. Nothing contained in this subsection negates, repeals, or alters the provisions,
26	processes, and requirements for the leasing of submerged land for the conduct of aquaculture as
27	set out under chapter 10 of title 20. Therefore, nothing in this chapter shall be construed to limit
28	or impair the authority of the state, or any duly established agency of the state, to regulate filling
29	or dredging affecting tidal lands owned by the state or any other entity, and nothing in this
30	chapter shall be construed to limit or impair the obligation of the applicant to obtain all applicable
31	regulatory approvals. Specifically, and without limiting the foregoing, nothing in this subsection
32	negates, repeals, or alters the provisions, processes, and requirements for water quality
33	certification contained in chapter 12 of this title.
34	(3) Definitions.
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1	(i) "Filled land" means portions of tidal lands which have been rendered by the acts of
2	man to be no longer subject to tidal action or beneath tidal waters.
3	(ii) "Tidal Lands" means those lands that are below the mean high water.
4	(iii) "Mean high water" means a line of contour representing the 18.6 year average as
5	determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum,
6	and methodology of the United States Coastal Geodetic Survey within the National Oceanic and
7	Atmospheric Administration.
8	SECTION 2. Sections 2-25-2, 2-25-3, 2-25-5, 2-25-6 and 2-25-7 of the General Laws in
9	Chapter 2-25 entitled “The Rhode Island Local Agriculture and Seafood Act” are hereby
10	amended to read as follows:
11	§ 2-25-2. Legislative findings. -- The general assembly hereby finds and declares:
12	(1) A viable agricultural and seafood sector in Rhode Island represents part of a secure
13	regional food supply, which in turn lends itself to energy and economic efficiencies;
14	(2) The federal government and regional entities have established and continue to
15	establish programs and processes to support local agricultural production and increased
16	consumption of locally produced food, and Rhode Island functions in whole or in part in the
17	context of federal and regional programs;
18	(3) The general public is increasingly interested in locally produced food;
19	(4) The benefits of local food systems to local communities include open land, jobs,
20	nutritious and safe foods, and youth education opportunities;
21	(5) Farms and commercial fishing are an integral part of Rhode Island's overall economy;
22	(6) Encouraging the continued growth of Rhode Island's agricultural and seafood sectors
23	is integral to reducing food insecurity in Rhode Island;
24	(7) Relationship-based food systems such as farm-to-school programs, community
25	supported agriculture (CSA) programs, farmers' markets, and pick-your-own operations are
26	increasingly popular and offer areas of opportunity for new farmers; and
27	(8) The state of Rhode Island has historically established programs to provide for and
28	regulate the agriculture and commercial fishing sectors
29	(9) Expanding and strengthening the local food system supports a diverse range of
30	economic activities and benefits that extend well beyond fisheries and agricultural industries and
31	includes new businesses and job growth, increased property values, generation of new revenues
32	and stronger Rhode Island communities; and
33	(10) The increasing volume, complexity and burden of fisheries management policies and
34	regulations threatens the viability of the Rhode Island fishing industry and serves as a barrier to
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1	growth of this important sector of the state’s economy.
2	§ 2-25-3. Legislative intent. -- The general assembly intends:
3	(1) To support and develop more robust and self-sustaining agricultural and seafood
4	sectors that also promotes emerging agricultural industries;
5	(2) That policies and programs of the state will support and promote the Rhode Island
6	agriculture and seafood industries as a vital component of the state's economy and essential
7	steward of our land and coastal waters;
8	(3) That current policies and programs pertaining to the viability of Rhode Island's
9	agricultural and seafood industries be reviewed and confirmed or changed in order to assure the
10	long-term economic prosperity of the industries; and
11	(4) That Rhode Island will promote processing and consumption of agricultural and
12	seafood products from within Rhode Island.; and
13	(5) That Rhode Island’s fishing industry has the resources to participate in matters
14	concerning fisheries management regulations and policies.
15	§ 2-25-5. Small grants and technical assistance program established. -- The
16	department of environmental management shall establish the local agriculture and seafood small
17	grants and technical assistance program. Through the program the department shall:
18	(1) Assist in the marketing of Rhode Island grown agricultural products and local seafood
19	for the purpose of sale and promotion within the state of Rhode Island or United States;
20	(2) Enhance the economic competitiveness of Rhode Island grown agricultural products
21	and local seafood;
22	(3) Provide financial and technical assistance support to organizations and farmers for
23	activities and programs which enhance the economic viability of local agriculture, and support the
24	development of a locally based, safe and sustainable food system;
25	(4) Provide individual farm grants to small or beginning Rhode Island farmers that
26	support the entry or sustainability within the respective industry;
27	(5) Provide grant funding up to fifty thousand dollars ($50,000) to allow the fishing
28	community to fully participate in the development of fisheries management policies and
29	regulations;
30	(5)(6) Work with the state department of health to further develop and support food
31	safety related programs and standards pertaining to local agriculture and seafood; and
32	(6)(7) Perform other activities necessary to facilitate the success and viability of the
33	state's agricultural and seafood sectors.
34	§ 2-25-6. Local agriculture and seafood small grants and technical assistance fund
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1	established and solicitation of funding. -- (a) For the purpose of paying the costs to the
2	department of environmental management of administering the local agriculture and seafood
3	small grants and technical assistance program and for the purpose of carrying out the purposes of
4	the program as stated in subdivisions 2-25-5(3) and, 2-25-5(4) and 2-25-5(5) a restricted receipt
5	account is hereby created and known as the "local agriculture and seafood small grants and
6	technical assistance fund."
7	(b) The program shall be empowered to apply for and receive from any federal, state, or
8	local agency, private foundation, or individual, any grants, appropriations, or gifts in order to
9	carry out the purposes of the program established in § 2-25-5.
10	§ 2-25-7. Use of funds. -- (a) A non-profit entity or small or beginning farmer may apply
11	to the department of environmental management for a grant to be used to fulfill the purposes of
12	the program as stated in subdivisions 2-25-5(3) and 2-25-5(4). Any grant disbursed under this
13	program shall not exceed twenty thousand dollars ($20,000) per year. Applications for grants
14	authorized under this section shall:
15	(1) Provide a brief summary of the nonprofit entity or small or beginning farmer's
16	mission, goals, history, programs, and major accomplishments, success stories and qualifications;
17	(2) Briefly describe the proposed project or program, the capacity to carry out the
18	program and who will benefit from the program;
19	(3) Describe the expected outcomes and the indicators of those outcomes;
20	(4) Outline the timeline to be used in the implementation of the program or project; and
21	(5) Provide a program or project budget.
22	(b) A nonprofit entity or person may apply to the department for a grant to be used to
23	fulfill the purposes of the program as stated in § 2-25-5(5). Applications for grants authorized
24	under this section shall conform to specifications as determined by the department of
25	environmental management. Any funds not disbursed under § 2-25-5(5) shall be disbursed for the
26	purposes of the program as stated in §§ 2-25-5(3) and 2-25-5(4).
27	(b)(c) The funds shall also be used by the department to provide administrative and
28	technical support of the program, and to leverage program funds with other potential federal, state
29	or nonprofit funding sources, and shall serve to develop, implement and enforce when appropriate
30	food safety related standards and programs related to local agriculture and seafood in
31	coordination with the Rhode Island department of health and appropriate federal agencies.
32	SECTION 3. This article shall take effect as of July 1, 2016.
33	ARTICLE 21
34	RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND
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1	HOSPITALS
2	SECTION 1. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled
3	“Department of Behavioral Healthcare, Developmental Disabilities and Hospitals” is hereby
4	amended to read as follows:
5	§ 40.1-1-13. Powers and duties of the office.- Notwithstanding any provision of the
6	Rhode Island general laws to the contrary, the department of mental health, retardation,
7	behavioral healthcare, developmental disabilities and hospitals shall have the following powers
8	and duties:
9	(1) To establish and promulgate the overall plans, policies, objectives, and priorities for
10	state substance abuse education, prevention and treatment; provided, however, that the director
11	shall obtain and consider input from all interested state departments and agencies prior to the
12	promulgation of any such plans or policies;
13	(2) Evaluate and monitor all state grants and contracts to local substance abuse service
14	providers;
15	(3) Develop, provide for, and coordinate the implementation of a comprehensive state
16	plan for substance abuse education, prevention and treatment;
17	(4) Ensure the collection, analysis, and dissemination of information for planning and
18	evaluation of substance abuse services;
19	(5) Provide support, guidance, and technical assistance to individuals, local governments,
20	community service providers, public and private organizations in their substance abuse education,
21	prevention and treatment activities;
22	(6) Confer with all interested department directors to coordinate the administration of
23	state programs and policies that directly affect substance abuse treatment and prevention;
24	(7) Seek and receive funds from the federal government and private sources in order to
25	further the purposes of this chapter;
26	(8) Act To act for all purposes in the capacity of “state substance abuse authority” as that
27	term has meaning the sole designated agency with the sole responsibility for coordination
28	planning, coordinating, managing, implementing and reporting on of state substance abuse
29	planning and , policy and efforts as it relates to requirements set forth in pertinent federal
30	substance abuse laws and regulations;
31	(9) Propose, review and/or approve, as appropriate, proposals, policies or plans involving
32	insurance and managed care systems for substance abuse services in Rhode Island;
33	(10) To enter into, in compliance with the provisions of title 37, chapter 2, contractual
34	relationships and memoranda of agreement as necessary for the purposes of this chapter;
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1	(11) To license facilities and programs for the care and treatment of substance abusers,
2	and for the prevention of substance abuse;
3	(12) To promulgate rules and regulations necessary to carry out the requirements of this
4	chapter;
5	(13) Perform other acts and exercise any other powers necessary or convenient to carry
6	out the intent and purposes of this chapter; and
7	(14) To exercise the authority and responsibilities relating to education, prevention and
8	treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter
9	1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter
10	21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and § 35-4-
11	18.
12	(15) To establish a Medicare Part D restricted receipt account in the hospitals and
13	community rehabilitation services program to receive and expend Medicare Part D
14	reimbursements from pharmacy benefit providers consistent with the purposes of this chapter.
15	(16) To establish a RICLAS group home operations restricted receipt account in the
16	services for the developmentally disabled program to receive and expend rental income from
17	RICLAS group clients for group home-related expenditures, including food, utilities, community
18	activities, and the maintenance of group homes.
19	(17) To establish a non-Medicaid third-party payor restricted receipt account in the
20	hospitals and community rehabilitation services program to receive and expend reimbursement
21	from non-Medicaid third-party payors to fund hospital patient services that are not Medicaid
22	eligible.
23	(18) To act in conjunction with the executive office of health and human services as the
24	states co-designated agency for administering federal aid and for the purpose of the calculation of
25	expenditures relative to the substance abuse block grant and federal funding maintenance of effort
26	requirements.
27	SECTION 2. Section 42-7.2-2 of the General Laws in Chapter 42-7.2 entitled “Executive
28	Office of Health and Human Services” is hereby amended to read as follows:
29	§ 42-7.2-2. Executive office of health and human services.- There is hereby established
30	within the executive branch of state government an executive office of health and human services
31	to serve as the principal agency of the executive branch of state government for managing the
32	departments of children, youth and families, health, human services, and behavioral healthcare,
33	developmental disabilities and hospitals. In this capacity, the office shall:
34	(a) Lead the state's four (4) health and human services departments in order to:
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1	(1) Improve the economy, efficiency, coordination, and quality of health and human
2	services policy and planning, budgeting and financing.
3	(2) Design strategies and implement best practices that foster service access, consumer
4	safety and positive outcomes.
5	(3) Maximize and leverage funds from all available public and private sources, including
6	federal financial participation, grants and awards.
7	(4) Increase public confidence by conducting independent reviews of health and human
8	services issues in order to promote accountability and coordination across departments.
9	(5) Ensure that state health and human services policies and programs are responsive to
10	changing consumer needs and to the network of community providers that deliver assistive
11	services and supports on their behalf.
12	(6) Administer Rhode Island Medicaid in the capacity of the single state agency
13	authorized under title XIX of the U.S. Social Security act, 42 U.S.C. § 1396a et seq., and exercise
14	such single state agency authority for such other federal and state programs as may be designated
15	by the governor. Except as provided for herein, nothing in this chapter shall be construed as
16	transferring to the secretary the powers, duties or functions conferred upon the departments by
17	Rhode Island general laws for the management and operations of programs or services approved
18	for federal financial participation under the authority of the Medicaid state agency.
19	(7) To act in conjunction with the department of behavioral healthcare, developmental
20	disabilities and hospitals as the states co-designated agency for administering federal aid and for
21	the purpose of the calculation of expenditures relative to the substance abuse block grant and
22	federal funding maintenance of effort requirements.
23	SECTION 3. This article shall take effect upon passage.
24	ARTICLE 22
25	RELATING TO STATE BUDGET
26	SECTION 1. Section 35-16-2 of the General Laws in Chapter 35-17 entitled “Revenue
27	Estimating Conferences” is hereby amended to read as follows:
28	§ 35-16-2. Meetings. – (a) The principals of the R.E.C. shall meet within the first ten
29	(10) days of May and November within the last ten (10) days of January of each year.
30	(b) The primary purpose of regularly scheduled conferences is to prepare and reconcile
31	economic forecasts and forecast revenue estimates and review current revenue collections under
32	current tax law. The conference principals can agree, however, to address special legislation or
33	special topics.
34	(c) Prior to each R.E.C., the principals will determine the documentation and information
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1	necessary to support that conference.
2	(d) No votes will be taken in the revenue estimating conferences. These are truly
3	consensus conferences and all principals must agree and are bound to the conference
4	recommendations.
5	SECTION 2. Chapter 35-17 of the General Laws entitled “Medical Assistance and Public
6	Assistance Caseload Estimating Conferences” is hereby renamed “Medical Assistance Caseload
7	Estimating Conferences”.
8	SECTION 3. Sections 35-17-1 and 35-17-2 of the General Laws in Chapter 35-17
9	entitled “Medical Assistance and Public Assistance Caseload Estimating Conferences” are hereby
10	amended to read as follows:
11	§ 35-17-1. Purpose and membership. – (a) In order to provide for a more stable and
12	accurate method of financial planning and budgeting, it is hereby declared the intention of the
13	legislature that there be a procedure for the determination of official estimates of anticipated
14	medical assistance expenditures and public assistance caseloads, upon which the executive budget
15	shall be based and for which appropriations by the general assembly shall be made.
16	(b) The state budget officer, the house fiscal advisor, and the senate fiscal advisor shall
17	meet in regularly scheduled caseload estimating conferences (C.E.C.). These conferences shall be
18	open public meetings.
19	(c) The chairpersonship of each regularly scheduled C.E.C. will rotate among the state
20	budget officer, the house fiscal advisor, and the senate fiscal advisor, hereinafter referred to as
21	principals. The schedule shall be arranged so that no chairperson shall preside over two (2)
22	successive regularly scheduled conferences on the same subject.
23	(d) Representatives of all state agencies are to participate in all conferences for which
24	their input is germane.
25	(e) The department of human services executive office of health and human services shall
26	provide monthly data to the members of the caseload estimating conference by the fifteenth day
27	of the following month. Monthly data shall include, but is not limited to, actual caseloads and
28	expenditures for the following case assistance programs: Rhode Island Works, SSI state program,
29	general public assistance, and child care. The executive office of health and human services shall
30	report relevant caseload information and expenditures for the following medical assistance
31	categories: hospitals, long-term care, managed care, pharmacy, and other medical services,
32	integrated care, and medicaid expansion. In the category of managed care, caseload information
33	and expenditures for the following populations shall be separately identified and reported:
34	children with disabilities, children in foster care, and children receiving adoption assistance. The
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1	information shall include the number of Medicaid recipients whose estate may be subject to a
2	recovery and the anticipated amount to be collected from those subject to recovery, the total
3	recoveries collected each month and number of estates attached to the collections and each
4	month, the number of open cases and the number of cases that have been open longer than three
5	months. the anticipated recoveries from the estate and the total recoveries collected each month.
6	§ 35-17-2. Meetings. – (a) The principles of the C.E.C. shall meet within the first ten
7	(10) days of May and November within the last ten (10) days of January of each year.
8	(b) The primary purpose of regularly scheduled conferences is to forecast medical
9	assistance and public assistance caseloads and associated expenditures for the medical assistance
10	program administered by the executive office of health and human services, financing for which
11	is appropriated within the budget of the executive of health and human services. The conference
12	principals can agree, however, to address special legislation or special topics.
13	(c) Prior to each caseload estimating conference, the principals will determine the
14	documentation and information necessary to support that conference.
15	(d) No votes will be taken in the caseload estimating conferences. These are truly
16	consensus conferences and all principals must agree and are bound to the conference
17	recommendations.
18	(e) In the interim period between departmental testimony and the day designated for the
19	adoption of consensus estimates, the principals and /or representatives of the state budget office,
20	the house fiscal advisory staff, and the senate fiscal advisory staff may meet with officials of the
21	executive office of health and human services to further review material presented at testimony,
22	propose modifications to estimates contained therein, and ultimately to reach provisional
23	consensus estimates. These estimates will be presented at the caseload estimating conference and
24	will become the officially adopted estimates provided they are unanimously ratified by the
25	principals of the C.E.C. The executive office of health and human services will be granted the
26	opportunity to rebut these estimates in the event of disagreement, and the principals will take
27	these objections into account prior to adopting final estimates.
28	SECTION 4. Section 35-17-4 of the General Laws in Chapter 35-17 entitled “Medical
29	Assistance and Public Assistance Caseload Estimating Conferences” is hereby repealed.
30	§ 35-17-4. Impact meetings. – (a) The caseload estimating conference principals, along
31	with the appropriate participants, will meet from time to time to compare current caseload data
32	with the most recent financial projections as required by § 35-3-1(6). Any principal can call an
33	impact meeting at any time.
34	(b) Following each legislative session, the principals, along with the appropriate
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1	participants, shall meet and review all changes in legislation affecting caseloads and shall amend
2	the official recommendations of the caseload estimating conference accordingly.
3	SECTION 5. Section 35-3-7 of the General Laws in Chapter 35-3 entitled “State Budget”
4	is hereby amended to read as follows:
5	§ 35-3-7. Submission of budget to general assembly – Contents. – (a) On or before the
6	third second Thursday in January February in each year of each January session of the general
7	assembly, the governor shall submit to the general assembly a budget containing a complete plan
8	of estimated revenues and proposed expenditures, with a personnel supplement detailing the
9	number and titles of positions of each agency and the estimates of personnel costs for the next
10	fiscal year, and with the inventory required by § 35-1.1-3(b)(4). Provided, however, in those
11	years that a new governor is inaugurated, the new governor shall submit the budget on or before
12	the first second Thursday in March February. In the budget the governor may set forth in
13	summary and detail:
14	(1) Estimates of the receipts of the state during the ensuing fiscal year under laws
15	existing at the time the budget is transmitted and also under the revenue proposals, if any,
16	contained in the budget, and comparisons with the estimated receipts of the state during the
17	current fiscal year, as well as actual receipts of the state for the last two (2) completed fiscal
18	years.
19	(2) Estimates of the expenditures and appropriations necessary in the governor's
20	judgment for the support of the state government for the ensuing fiscal year, and comparisons
21	with appropriations for expenditures during the current fiscal year, as well as actual expenditures
22	of the state for the last two (2) complete fiscal years.
23	(3) Financial statements of the:
24	(i) Condition of the treasury at the end of the last completed fiscal year;
25	(ii) The estimated condition of the treasury at the end of the current fiscal year; and
26	(iii) Estimated condition of the treasury at the end of the ensuing fiscal year if the
27	financial proposals contained in the budget are adopted.
28	(4) All essential facts regarding the bonded and other indebtedness of the state.
29	(5) A report indicating those program revenues and expenditures whose funding source is
30	proposed to be changed from state appropriations to restricted receipts, or from restricted receipts
31	to other funding sources.
32	(6) Such other financial statements and data as in the governor's opinion are necessary or
33	desirable.
34	(b) Any other provision of the general laws to the contrary notwithstanding, the proposed
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1	appropriations submitted by the governor to the general assembly for the next ensuing fiscal year
2	should not be more than five and one-half percent (5.5%) in excess of total state appropriations,
3	excluding any estimated supplemental appropriations, enacted by the general assembly for the
4	fiscal year previous to that for which the proposed appropriations are being submitted; provided
5	that the increased state-share provisions required to achieve fifty percent (50%) state financing of
6	local school operations as provided for in P.L. 1985, ch. 182, shall be excluded from the
7	definition of total appropriations.
8	(c) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the
9	general assembly a budget for the fiscal year ending June 30, 2006, not later than the fourth (4th)
10	Thursday in January 2005.
11	(d) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the
12	general assembly a supplemental budget for the fiscal year ending June 30, 2006, and/or a budget
13	for the fiscal year ending June 30, 2007, not later than Thursday, January 26, 2006.
14	(e) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the
15	general assembly a supplemental budget for the fiscal year ending June 30, 2007, and/or a budget
16	for the fiscal year ending June 30, 2008, not later than Wednesday, January 31, 2007.
17	(f) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the
18	general assembly a budget for the fiscal year ending June 30, 2012, not later than Thursday,
19	March 10, 2011.
20	(g) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the
21	general assembly a budget for the fiscal year ending June 30, 2013, not later than Tuesday,
22	January 31, 2012.
23	(h) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the
24	general assembly a budget for the fiscal year ending June 30, 2016, not later than Thursday,
25	March 12, 2015.
26	SECTION 6. This article shall take effect upon passage.
27	ARTICLE 23
28	RELATING TO SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN
29	SECTION 1. Section 12-25-20 of the General Laws in Chapter 12-25 entitled "Criminal
30	Injuries Compensation” is hereby amended to read as follows:
31	§ 12-25-20. Offenses to which chapter applies. – The office may award compensation
32	in accordance with the provisions of this chapter for personal injury or death which resulted from
33	offenses in the following categories:
34	(1) Assault with intent to commit murder, robbery, or rape;
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1	(2) Assault with a dangerous weapon;
2	(3) Assault and battery;
3	(4) Mayhem;
4	(5) Indecent assault and battery on a child under thirteen (13) years of age;
5	(6) Arson or statutory burning;
6	(7) Kidnapping;
7	(8) Robbery or larceny from that person;
8	(9) Murder;
9	(10) Manslaughter;
10	(11) First or second degree sexual assault;
11	(12) Child molestation, first or second degree;
12	(13) The abominable and detestable crime against nature or assault with intent to commit
13	the abominable and detestable crime against nature;
14	(14) Driving under the influence of alcohol or drugs;
15	(15) Refusal by a driver to submit to a chemical test for alcohol or drugs in the immediate
16	aftermath of a collision;
17	(16) Driving so as to endanger, resulting in death, pursuant to § 31-27-1;
18	(17) Driving so as to endanger, resulting in personal injury, pursuant to § 31-27-1.1;
19	(18) Any other crime excluding motor vehicle offenses other than those enumerated in
20	this section which results in personal injury or death; and
21	(19) Failure to stop by a driver in circumstances which result in the death of any person,
22	pursuant to § 31-26-1. ; and
23	(20) Sex trafficking of a minor pursuant to § 11-67-6.
24	SECTION 2. TITLE 14 of the General Laws entitled “Delinquent and Dependent
25	Children” is hereby amended by adding thereto the following chapter:
26	CHAPTER 14-1.1
27	THE RHODE ISLAND SAFE HARBOR FOR
28	SEXUALLY EXPLOITED CHILDREN ACT
29	§ 14-1.1-1. Short Title. - This act shall be known and may be designated as “The Rhode
30	Island Safe Harbor for Sexually Exploited Children Act”.
31	§ 14-1.1-2. Purposes. - This act shall be construed so as to effectuate the following
32	purposes:
33	(a) To ensure that minors who are victims of sex trafficking are treated as victims and not
34	criminals by providing for immunity to the child victim from prosecution for prostitution and
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1	redirecting the child victim of sexual exploitation and sex trafficking away from the criminal or
2	juvenile justice systems and to refer the child victim to supportive services and programs;
3	(b) To preserve the unity of the family whenever possible and to provide for the care,
4	protection, and treatment of minors coming within the provisions of this act; and
5	(c) To provide child victims of sex trafficking and sexual exploitation access to the
6	criminal injuries compensation fund;
7	§ 14-1.1-2. Definitions. – The following words and phrases when used in this chapter
8	shall, unless the context otherwise requires, be construed as follows:
9	(a) “Commercial sex act” means any sex act or sexually explicit performance on account
10	of which anything of value is given, promised to, or received, directly or indirectly, by any
11	person.
12	(b) "Child or minor" means a person under the age of eighteen (18):
13	(c) “Child or minor victim of sex trafficking or sexual exploitation” means a minor as
14	defined in this chapter who has been recruited, employed, enticed, solicited, isolated, harbored,
15	transported, provided, persuaded, obtained or maintained for the purposes of performing
16	commercial sex acts;
17	(d) “Child or minor victim of severe forms of trafficking” means a minor as defined in
18	this chapter who is induced by force, fraud or coercion to perform a commercial sex act;
19	(e) “Criminal injuries compensation fund” means the financial compensation fund for
20	victims of violent crime enumerated in Chapter 25 of Title 12 of the Rhode Island General laws
21	and administered by the Department of the General Treasurer;
22	(f) "Sex act" means sexual intercourse, cunnilingus, fellatio, anal intercourse, and digital
23	intrusion or intrusion by any object into the genital opening or anal opening of another person's
24	body or the stimulation by hand of another's genitals for the purposes of arousing or gratifying the
25	sexual desire of either person.
26	(g) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the
27	sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or
28	private, live, photographed, recorded, or videotaped.
29	§ 14-1.1-3. Immunity from Prosecution for Prostitution. – The following provisions
30	shall apply to minors determined to be victims of sex trafficking or sexual exploitation:
31	(a) Child victims of sexual trafficking or sexual exploitation who are under the age of
32	sixteen (16) years shall not be charged with nor adjudicated for the crime of prostitution as
33	enumerated in §11-34.1-2 or for the crime of loitering for prostitution as enumerated in §11-34.1-
34	3;
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1	(b) A person sixteen (16) years of age or older may be charged and adjudicated for the
2	crime of prostitution as enumerated in §11-34.1-2 or for the crime of loitering for prostitution as
3	enumerated in §11-34.1-3 when such a person directly engages or agrees to engage in sexual
4	conduct with another person for a fee and no third party benefits from that fee. However, in any
5	prosecution for an offense under this section:
6	(1) it shall be an affirmative defense that the person was coerced into committing such
7	offense by another person; and
8	(2) a minor child who is sixteen (16) or seventeen (17) years of age, there shall be a
9	presumption that the minor was coerced into committing such offense by another person.
10	§ 14-1.1-4. Risk assessment and uniform response protocols. – When a child is alleged
11	to be a victim of sex trafficking or sexual exploitation, the department of children youth and
12	families or the law enforcement agency initially responding shall conduct a screening and risk
13	assessment to determine if the child should be considered to be a victim of sex trafficking or
14	sexual exploitation. Additionally, the responding agency(ies) shall use a uniform set of protocols
15	for responding to alleged incidents of child sex trafficking or sexual exploitation.
16	(a) The department of children, youth and families, in collaboration with the office of the
17	attorney general, and the department of public safety shall identify a screening/risk assessment
18	tool(s) to be used for this purpose;
19	(b) The department of children, youth and families, in collaboration with the office of the
20	attorney general and the department of public safety shall develop uniform response protocols for
21	addressing sex trafficking and sexual exploitation of minors to be used by the department of
22	children, youth and families and other agency(ies) when responding to such incidents.
23	§ 14-1.1-5. Reporting child victims of sex trafficking and sexual exploitation as
24	victims of child abuse. – Any child who is believed to be a victim of sex trafficking or sexual
25	exploitation shall be reported to the department of children, youth and families as an alleged
26	victim of child abuse or neglect in accordance with the provisions of Chapter 11 of Title 40.
27	(a) The department has the affirmative duty to report all such allegations to the
28	appropriate law enforcement agency(ies) who shall investigate such allegations jointly with the
29	department.
30	(b) A victim of sex trafficking or severe forms of trafficking as defined in §40-11-2 shall
31	be considered as a victim of child abuse and neglect and sexual abuse regardless of whether or
32	not the individual alleged to have perpetrated the sexual trafficking or severe forms of trafficking
33	is a parent of the child or other person responsible for the child’s welfare.
34	(c) Should the department determine that the allegations of child abuse or neglect are
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1	supported in accordance with evidentiary standards, the department shall indicate the child as a
2	victim of child abuse or neglect and provide appropriate services to the child and/or his or her
3	family in accordance with normal child welfare practices;
4	§ 14-1.1-6. Access to crime injuries compensation fund. – Any minor, or a person age
5	18 but under the age of twenty-one who is in the care and custody of the department of children,
6	youth and families, and who is identified as a victim of sex trafficking or sexual exploitation shall
7	be eligible to apply to the criminal injuries compensation fund in accordance with the provisions
8	of Chapter 25 of Title 12 of the Rhode Island General laws and the rules and regulations
9	promulgated by the office of the general treasurer.
10	SECTION 3. Section 40-11-2 of the General Laws in Chapter 40-11 entitled "Abused and
11	Neglected Children” is hereby amended to read as follows:
12	§ 40-11-2. Definitions. – When used in this chapter and unless the specific context
13	indicates otherwise:
14	(a) "Abused and/or neglected child" means a child whose physical or mental health or
15	welfare is harmed or threatened with harm when his or her parent or other person responsible for
16	his or her welfare:
17	(1) Inflicts or allows to be inflicted upon the child physical or mental injury, including
18	excessive corporal punishment; or
19	(2) Creates or allows to be created a substantial risk of physical or mental injury to the
20	child, including excessive corporal punishment; or
21	(3) Commits or allows to be committed, against the child, an act of sexual abuse; or
22	(4) Fails to supply the child with adequate food, clothing, shelter, or medical care, though
23	financially able to do so or offered financial or other reasonable means to do so; or
24	(5) Fails to provide the child with a minimum degree of care or proper supervision or
25	guardianship because of his or her unwillingness or inability to do so by situations or conditions
26	such as, but not limited to, social problems, mental incompetency, or the use of a drug, drugs, or
27	alcohol to the extent that the parent or other person responsible for the child's welfare loses his or
28	her ability or is unwilling to properly care for the child; or
29	(6) Abandons or deserts the child; or
30	(7) Sexually exploits the child in that the person allows, permits or encourages the child
31	to engage in prostitution as defined by the provisions in § 11-34.1-1 et seq., entitled "Commercial
32	Sexual Activity"; or
33	(8) Sexually exploits the child in that the person allows, permits, encourages or engages
34	in the obscene or pornographic photographing, filming or depiction of the child in a setting which
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1	taken as a whole suggests to the average person that the child is about to engage in or has
2	engaged in, any sexual act, or which depicts any such child under eighteen (18) years of age,
3	performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality; or
4	(9) Commits or allows to be committed any sexual offense against the child as such
5	sexual offenses are defined by the provisions of chapter 37 of title 11, entitled "Sexual Assault",
6	as amended; or
7	(10) Commits or allows to be committed against any child an act involving sexual
8	penetration or sexual contact if the child is under fifteen (15) years of age; or if the child is fifteen
9	(15) years or older, and (1) force or coercion is used by the perpetrator, or (2) the perpetrator
10	knows or has reason to know that the victim is a severely impaired person as defined by the
11	provisions of § 11-5-11, or physically helpless as defined by the provisions of § 11-37-6.
12	(b) "Child" means a person under the age of eighteen (18).
13	(c) "Child protective investigator" means an employee of the department charged with
14	responsibility for investigating complaints and/or referrals of child abuse and/or neglect and
15	institutional child abuse and/or neglect.
16	(d) “Commercial sex act” means any sex act or sexually explicit performance on account
17	of which anything of value is given, promised to, or received, directly or indirectly, by any
18	person.
19	(e) "Department" means department of children, youth, and families.
20	(f) "Institution" means any private or public hospital or other facility providing medical
21	and/or psychiatric diagnosis, treatment, and care.
22	(g) "Institutional child abuse and neglect" means situations of known or suspected child
23	abuse or neglect where the person allegedly responsible for the abuse or neglect is a foster parent
24	or the employee of a public or private residential child care institution or agency; or any staff
25	person providing out-of-home care or situations where the suspected abuse or neglect occurs as a
26	result of the institution's practices, policies, or conditions.
27	(h) "Law enforcement agency" means the police department in any city or town and/or
28	the state police.
29	(i) "Mental injury" includes a state of substantially diminished psychological or
30	intellectual functioning in relation to, but not limited to, such factors as: failure to thrive; ability
31	to think or reason; control of aggressive or self-destructive impulses; acting-out or misbehavior,
32	including incorrigibility, ungovernability, or habitual truancy; provided, however, that the injury
33	must be clearly attributable to the unwillingness or inability of the parent or other person
34	responsible for the child's welfare to exercise a minimum degree of care toward the child.
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1	(j) "Person responsible for child's welfare" means the child's parent, guardian, any
2	individual, eighteen (18) years of age or older, who resides in the home of a parent or guardian
3	and has unsupervised access to a child, foster parent, an employee of a public or private
4	residential home or facility, or any staff person providing out-of-home care (out-of-home care
5	means child day care to include family day care, group day care, and center-based day care).
6	Provided further that an individual, eighteen (18) years of age or older, who resides in the home
7	of a parent or guardian and has unsupervised access to the child, shall not have the right to
8	consent to the removal and examination of the child for the purposes of § 40-11-6.
9	(k) "Physician" means any licensed doctor of medicine, licensed osteopathic physician,
10	and any physician, intern, or resident of an institution as defined in subdivision (5).
11	(l) "Probable cause" means facts and circumstances based upon as accurate and reliable
12	information as possible that would justify a reasonable person to suspect that a child is abused or
13	neglected. The facts and circumstances may include evidence of an injury or injuries, and the
14	statements of a person worthy of belief, even if there is no present evidence of injury.
15	(m) "Sex act" means sexual intercourse, cunnilingus, fellatio, anal intercourse, and digital
16	intrusion or intrusion by any object into the genital opening or anal opening of another person's
17	body or the stimulation by hand of another's genitals for the purposes of arousing or gratifying the
18	sexual desire of either person.
19	(n) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the
20	sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or
21	private, live, photographed, recorded, or videotaped.
22	(o) "Shaken baby syndrome" means a form of abusive head trauma, characterized by a
23	constellation of symptoms caused by other than accidental traumatic injury resulting from the
24	violent shaking of and/or impact upon an infant or young child's head.
25	(p) A “victim of sex trafficking” is a minor as defined in this chapter who has been
26	recruited, employed, enticed, solicited, isolated, harbored, transported, provided, persuaded,
27	obtained or maintained for the purposes of performing commercial sex acts;
28	(q) A “victim of severe forms of trafficking” is a minor as defined in this chapter who is
29	induced by force, fraud or coercion to perform a commercial sex act;
30	SECTION 4. This article shall take effect upon passage.
31	ARTICLE 24
32	RELATING TO RESTRICTED RECEIPTS
33	SECTION 1. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds”
34	is hereby amended to read as follows:
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1	§ 35-4-27. Indirect cost recoveries on restricted receipt accounts. – Indirect cost
2	recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt
3	accounts, to be recorded as general revenues in the general fund. However, there shall be no
4	transfer from cash receipts with restrictions received exclusively: (1) From contributions from
5	non-profit charitable organizations; (2) From the assessment of indirect cost recovery rates on
6	federal grant funds; or (3) Through transfers from state agencies to the department of
7	administration for the payment of debt service. These indirect cost recoveries shall be applied to
8	all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The
9	following restricted receipt accounts shall not be subject to the provisions of this section:
10	Executive Office of Health and Human Services
11	Organ Transplant Fund
12	HIV Care Grant Drug Rebates
13	Department of Human Services
14	Veterans' home – Restricted account
15	Veterans' home – Resident benefits
16	Pharmaceutical Rebates Account
17	Demand Side Management Grants
18	Veteran's Cemetery Memorial Fund
19	Donations – New Veterans' Home Construction
20	Department of Health
21	Providence Water Lead Grant
22	Pandemic medications and equipment account
23	Miscellaneous Donations/Grants from Non-Profits
24	State Loan Repayment Match
25	Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
26	Eleanor Slater non-Medicaid third-party payor account
27	Hospital Medicare Part D Receipts
28	RICLAS Group Home Operations
29	Commission on the Deaf and Hard of Hearing
30	Emergency and public communication access account
31	Department of Environmental Management
32	National heritage revolving fund
33	Local Agriculture & Seafood Fund
34	Environmental response fund II
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1	Underground storage tanks registration fees
2	Rhode Island Historical Preservation and Heritage Commission
3	Historic preservation revolving loan fund
4	Historic Preservation loan fund – Interest revenue
5	Department of Public Safety
6	Forfeited property – Retained
7	Forfeitures – Federal
8	Forfeited property – Gambling
9	Donation – Polygraph and Law Enforcement Training
10	Rhode Island State Firefighter's League Training Account
11	Fire Academy Training Fees Account
12	Attorney General
13	Forfeiture of property
14	Federal forfeitures
15	Attorney General multi-state account
16	Forfeited property – Gambling
17	Department of Administration
18	RI Health Benefits Exchange
19	Office of Management and Budget
20	Information Technology Investment Fund
21	Restore and replacement – Insurance coverage
22	Convention Center Authority rental payments
23	Investment Receipts – TANS
24	Car Rental Tax/Surcharge-Warwick Share
25	Housing Resources Commission Restricted Account
26	Department of Revenue
27	DMV Modernization Project
28	Jobs Tax Credit Redemption Fund
29	Legislature
30	Audit of federal assisted programs
31	Department of Children, Youth and Families
32	Children's Trust Accounts – SSI
33	Military Staff
34	RI Military Family Relief Fund
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1	RI National Guard Counterdrug Program
2	Emergency Management Agency
3	RISCON Infrastructure Repairs/Equipment Replacement (Google)
4	Treasury
5	Admin. Expenses – State Retirement System
6	Retirement – Treasury Investment Options
7	Defined Contribution – Administration - RR
8	Violent Crimes Compensation – Refunds
9	Treasury Research Fellowship
10	Business Regulation
11	Banking Division Reimbursement Account
12	Office of the Health Insurance Commissioner Reimbursement Account
13	Securities Division Reimbursement Account
14	Commercial Licensing and Racing and Athletics Division Reimbursement Account
15	Insurance Division Reimbursement Account
16	Historic Preservation Tax Credit Account.
17	Judiciary
18	Arbitration Fund Restricted Receipt Account
19	Third-Party Grants
20	RI Judiciary Technology Surcharge Account
21	Department of Elementary and Secondary Education
22	Statewide Student Transportation Services Account
23	School for the Deaf Fee for Service Account
24	Davies Career and Technical School Local Education Aid Account
25	Davies – National School Breakfast & Lunch Program
26	Department of Labor and Training
27	Job Development Fund
28	Department of Transportation
29	Rhode Island Highway Maintenance Account
30	SECTION 2. This article shall take effect as of July 1, 2016.
31	ARTICLE 25
32	RELATING TO EFFECTIVE DATE
33	SECTION 1. This act shall take effect as of July 1, 2016, except as otherwise provided
34	herein.
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1	SECTION 2. This article shall take effect upon passage.
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1	EXPLANATION OF ARTICLES
2	ARTICLE 1
3	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2017
4	This article makes appropriations from general revenue and authorizes expenditure of
5	federal funds, restricted receipts, and other funds for FY 2017. This article also identifies the FTE
6	position authorizations for each agency and department for fiscal year 2017; provides multi-year
7	appropriations for Rhode Island Capital Plan Fund projects; provides for the reappropriation of
8	unexpended and unencumbered funds from the Rhode Island Capital Plan Fund project
9	appropriations in the ensuing fiscal year; provides expenditure limits for internal service funds;
10	provides appropriations for all Temporary Disability Insurance funds, Employment Security
11	funds, University and College funds, and Lottery Division funds.
12	ARTICLE 2
13	RELATING TO PUBLIC FINANCE MANAGEMENT BOARD
14	This article strengthens the Public Finance Management Board’s oversight of debt
15	issuance in the State of Rhode Island and provides funding for the establishment of a Division of
16	Debt Management within the Office of the General Treasurer.
17	ARTICLE 3
18	RELATING TO PUBLIC OFFICERS AND EMPLOYEES
19	This article will enhance accountability and increase flexibility by lengthening the
20	probationary period for newly hired employees, add additional positions to the unclassified
21	service, and establish a standard for the Personnel Appeal Board to apply when determining
22	whether the degree of discipline imposed upon an employee is appropriate. In addition, this
23	article will provide the Governor with flexibility in setting salaries of cabinet directors, and
24	provide retired state employees with an option to receive a cash payment in lieu of receiving state
25	health insurance coverage.
26	ARTICLE 4
27	RELATING TO GOVERNMENT ORGANIZATION
28	This article will formalize and streamline several important areas of state government
29	which is intended to improve government efficiency, protect against fraud, waste and abuse, and
30	to better serve the citizens of Rhode Island. Included within this article is the establishment of the
31	Office of Diversity, Equity and Opportunity, the Office of Internal Audit, an Independent Office
32	of Veterans Affairs, the Division of Enterprise Technology Strategy and Service, and the Division
33	of Capital Asset Management and Maintenance. In addition, the Women, Infants, and Children
34	program is transferred to the Department of Health from the Department of Human Services.
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1	ARTICLE 5
2	RELATING TO CAPITAL DEVELOPMENT PROGRAM
3	This article submits to the voters of Rhode Island in November 2016, for their approval or
4	rejection, capital development referenda totaling $257,500,000. This consists of one higher education
5	referendum consisting of two projects, one referendum for the Davisville Port, one environmental
6	and recreation referendum consisting of seven components, one housing referendum, one school
7	construction referendum, and one referendum for the Veteran’s Home. The proposition would
8	authorize the issuance of bonds, refunding bonds, or temporary notes of the State for capital projects.
9	ARTICLE 6
10	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION
11	This article serves as a joint resolution for the issuance of debt for a proposed project at
12	the port at Quonset in North Kingstown. This project includes improvements to the harbor, the
13	pier, and other port improvements. The name of the project is the 2016 Davisville Piers Project
14	and the aggregate amount of debt shall not exceed $20.0 million.
15	ARTICLE 7
16	RELATING TO MEDICAID REFORM ACT OF 2008 RESOLUTION
17	This article establishes the legal authority for the Secretary of the Executive Office of
18	Health and Human Services to review and coordinate any Medicaid section 1115 demonstration
19	waiver requests and renewals as well as any initiatives and proposals requiring amendments to the
20	Medicaid state plan or category II or III changes as described in the demonstration.
21	ARTICLE 8
22	RELATING TO LICENSING OF HOSPITAL FACILITIES
23	This article authorizes the State to continue its collection of the Hospital Licensing Fee
24	for one additional fiscal year.
25	ARTICLE 9
26	RELATING TO MEDICAL ASSISTANCE AND HOSPITAL UNCOMPENSATED CARE
27	This article implements several changes to the organization, financing and delivery of the
28	Medicaid program that build on the foundation of the Reinventing Medicaid Act including
29	leveraging funds from all available sources to ensure access to coordinated health care services
30	and promotion of better health outcomes through performance-based payment incentives and
31	reforms.
32	ARTICLE 10
33	RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2016
34	This article makes revised appropriations from general revenue and authorizes
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1	expenditure of federal funds, restricted receipts, and other funds for FY 2016. This article also
2	provides that each line in Section 10 constitutes an appropriation; provides expenditures limits for
3	internal service funds; identifies revised FTE position authorizations for each agency and
4	department for fiscal year 2016; and provides for an effective date of “upon passage”.
5	ARTICLE 11
6	STRENGTHENING NEIGHBORHOOD SCHOOLS
7	This article amends several sections of law relating to school district accounting and the
8	education funding formula, including review of the formula on a regular interval, change to the
9	weight for high-cost special education and adjusting per pupil funding for charter school students.
10	Also, new accounting standards for greater transparency at the local level are proposed.
11	ARTICLE 12
12	RELATING TO REVENUE – CIGARETTE TAXES
13	This article increases cigarette taxes by $0.25 to $4.00 per pack of 20 and creates a floor
14	tax on cigarettes held for sale in the State as of August 1, 2016.
15	ARTICLE 13
16	MAKING WORK PAY
17	This article amends section 28-12-3 of the General Laws entitled “Minimum Wages” and
18	section 44-30-2.6 entitled “Rhode Island taxable income – Rate of tax”. The first section of this
19	article increases the minimum wage to $10.10 per hour, effective January 1, 2017. The second
20	section of this article increases the earned income tax credit to 15.0 percent of the federal Earned
21	Income Credit, also effective January 1, 2017.
22	ARTICLE 14
23	RELATING TO CAREGIVERS/COMPASSION CENTERS
24	This article restructures and expands regulation of Rhode Island’s medical marijuana
25	system. The Department of Business Regulation (DBR) will regulate primary caregivers, compassion
26	centers, cooperative cultivations, and a new class of cultivator licenses for people and businesses
27	who wish to operate as wholesale suppliers of marijuana to compassion centers. The Department of
28	Health will continue to regulate patients and a new group called authorized purchasers. This article
29	implements a system requiring every medical marijuana plant in the state to be tagged, and tag
30	holders will be charged an annual fee for each tag. This article also lowers the number of plants a
31	qualifying patient or primary caregiver can grow, and decreases the surcharge on compassion centers
32	from 4% to 3%.
33	ARTICLE 15
34	RELATING TO MUNICIPALITIES
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1	This article simplifies and streamlines data reporting through a newly created Municipal
2	Transparency Portal, encourages the exchange of information between the Division of Municipal
3	Finance and other governmental entities, increases the collection of overdue taxes in distressed
4	municipalities, and changes the property reevaluation schedule.
5	ARTICLE 16
6	MAKING IT EASIER TO DO BUSINESS IN RHODE ISLAND
7	This article would establish a TDI Fraud and Program Integrity Task Force that will be
8	responsible for educating RI’s workforce, employers and healthcare professionals about the TDI
9	program, acceptable use and what constitutes fraud. In addition, this legislation would make a
10	change in the Reserve Ratios for the Employment Security Trust Fund that would provide
11	employers with some tax relief earlier than would occur under current law, while still ensuring
12	adequate reserves in the Employment Security Trust Fund to pay future UI benefits.
13	ARTICLE 17
14	RELATING TO COMMERCE
15	This article would enlarge and enhance the RI Wavemaker Fellowship program, alleviate
16	the property tax burden through changes to the TSA Incentive Program, enhance the ability of the
17	Qualified Jobs Incentive Act to create more jobs, increase flexibility in the administration of
18	certain economic development funds by amending the Rebuild Rhode Island Tax Credit and
19	Anchor Institution Tax credit programs. In addition, this article establishes a new refundable
20	research and development tax credit.
21	ARTICLE 18
22	RELATING TO RENEWABLE ENERGY PROGRAMS
23	This article proposes the extension of the renewable energy fund surcharge to December 31,
24	2022; updates the state’s net metering program to enable third party financing and additional net
25	metering arrangement opportunities for homeowners, businesses, private and public institutions;
26	exempts renewable energy resources and associated equipment installed after December 31, 2015
27	from being assessed property taxes; and allows a town or city council to pass an ordinance to assess
28	property taxes on renewable energy resources after consulting with the office of energy resources
29	and division of taxation.
30	ARTICLE 19
31	RELATING TO DIVISION OF MOTOR VEHICLES
32	This article delays the requirement that the Division of Motor Vehicles begin issuing new
33	fully reflective licenses plates by July 1, 2016, to April 1, 2017. The article also allows for the
34	issuance of the new plates to occur at either the initial registration of a vehicle, or at the renewal of an
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1	existing vehicle registration.
2	ARTICLE 20
3	RELATING TO LOCAL AGRICULTURE AND SEAFOOD ACT (LASA) GRANTS
4	This article amends the Rhode Island Local Agriculture and Seafood Act to include the
5	requirement that fees collected for the lease of submerged tidal lands for renewable energy
6	projects over $5.0 million shall be deposited in the Rhode Island Local Agriculture and Seafood
7	Fund. In addition, this article establishes grant funding up to $50,000 for the fishing community.
8	ARTICLE 21
9	RELATING TO DEPARTMENT OF BEHAVIORAL HEALTHCARE, DEVELOPMENTAL
10	DISABILITIES AND HOSPITALS
11	This article co-designates the Department of Behavioral Healthcare, Developmental
12	Disabilities and Hospitals and the Executive Office of Health and Human Services as the single
13	state authority for the purposes of calculating the Maintenance of Effort for the Substance Abuse
14	Block Grant.
15	ARTICLE 22
16	RELATING TO STATE BUDGET
17	This article amends the language that requires the principals of the Revenue Estimating
18	Conference to meet within the first 10 days of May and the first 10 days of November to the first
19	ten days of May and the last 10 days of January. This article also changes the timing of the
20	Governor’s annual budget submission to no later than the second Thursday in March during years
21	when a new Governor is inaugurated, and the second Thursday in February for all other years.
22	Finally, the article reforms certain Caseload Estimating Conference (CEC) procedures and
23	excludes cash assistance programs from the conference.
24	ARTICLE 23
25	RELATING TO SAFE HARBOR FOR SEXUALLY EXPLOITED CHILDREN
26	This article would create the Rhode Island Safe Harbor Act to insure protection of the
27	public and a safe environment for those sexually exploited minors, who are charged with
28	prostitution or who are alleged to be victims of human trafficking; and provide these minors with
29	the access to appropriate services.
30	ARTICLE 24
31	RELATING TO RESTRICTED RECEIPTS
32	This article adds three restricted receipt accounts to the list of accounts exempted from
33	the 10.0 percent indirect cost recovery fee.
34	ARTICLE 25
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1	RELATING TO EFFECTIVE DATE
2	This article provides that the act shall take effect as of July 1, 2016, except as otherwise
3	provided herein.
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