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     ARTICLE 7

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RELATING TO STATE FUNDS

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     SECTION 1. Section 21-28.6-17 of the General Laws in Chapter 21-28.6 entitled "The

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Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as

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follows:

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     21-28.6-17. Revenue.

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     (a) Effective July 1, 2016, all fees collected by the departments of health and business

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regulation from applicants, registered patients, primary caregivers, authorized purchasers, licensed

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cultivators, and cooperative cultivations, compassion centers, and compassion center cardholders

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shall be placed in restricted receipt accounts to support the state's medical marijuana program.,

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including but not limited to payment of expenses incurred by the departments of health and business

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regulation for the administration of the program.

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     (b) All revenues remaining in the restricted receipt accounts after payments specified in

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subdivision (a) of this section shall first be paid to cover any existing deficit in the department of

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health's restricted receipt account or the department of business regulation's restricted receipt

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account. These transfers shall be made annually on the last business day of the fiscal year. 

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     (c) All revenues remaining in the restricted receipt accounts after payments specified in

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subdivisions (a) and (b) shall be paid into the state's general fund. These payments shall be made

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annually on the last business day of the fiscal year.

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

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is hereby amended to read as follows:

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     35-4-27. Indirect cost recoveries on restricted receipt accounts.

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     Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

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restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

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shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

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from non-profit charitable organizations; (2) From the assessment of indirect cost recovery rates

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on federal grant funds; or (3) Through transfers from state agencies to the department of

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administration for the payment of debt service. These indirect cost recoveries shall be applied to all

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accounts, unless prohibited by federal law or regulation, court order, or court settlement. The

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following restricted receipt accounts shall not be subject to the provisions of this section:

 

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     Executive Office of Health and Human Services

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     Organ Transplant Fund

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     HIV Care Grant Drug Rebates

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     Department of Human Services

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     Veterans' home – Restricted account

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     Veterans' home – Resident benefits

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     Pharmaceutical Rebates Account

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     Demand Side Management Grants

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     Veteran's Cemetery Memorial Fund

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     Donations – New Veterans' Home Construction

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     Department of Health

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     Providence Water Lead Grant

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     Pandemic medications and equipment account

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     Miscellaneous Donations/Grants from Non-Profits

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     State Loan Repayment Match

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     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

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     Eleanor Slater non-Medicaid third-party payor account

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     Hospital Medicare Part D Receipts

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     RICLAS Group Home Operations

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     Commission on the Deaf and Hard of Hearing

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     Emergency and public communication access account

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     Department of Environmental Management

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     National heritage revolving fund

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     Environmental response fund II

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     Underground storage tanks registration fees

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     Rhode Island Historical Preservation and Heritage Commission

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     Historic preservation revolving loan fund

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     Historic Preservation loan fund – Interest revenue

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     Department of Public Safety

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     Forfeited property – Retained

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     Forfeitures – Federal

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     Forfeited property – Gambling

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     Donation – Polygraph and Law Enforcement Training

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     Rhode Island State Firefighter's League Training Account

 

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     Fire Academy Training Fees Account

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     Attorney General

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     Forfeiture of property

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     Federal forfeitures

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     Attorney General multi-state account

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     Forfeited property – Gambling

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     Department of Administration

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     OER Reconciliation Funding

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     RI Health Benefits Exchange

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     Office of Management and Budget

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     Information Technology Investment Fund

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     Restore and replacement – Insurance coverage

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     Convention Center Authority rental payments

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     Investment Receipts – TANS

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     OPEB System Restricted Receipt Account

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     Car Rental Tax/Surcharge-Warwick Share

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     Executive Office of Commerce

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     Housing Resources Commission Restricted Account

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     Department of Revenue

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     DMV Modernization Project

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     Jobs Tax Credit Redemption Fund

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     Legislature

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     Audit of federal assisted programs

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     Department of Children, Youth and Families

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     Children's Trust Accounts – SSI

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     Military Staff

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     RI Military Family Relief Fund

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     RI National Guard Counterdrug Program

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     Treasury

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     Admin. Expenses – State Retirement System

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     Retirement – Treasury Investment Options

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     Defined Contribution – Administration - RR

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     Violent Crimes Compensation – Refunds

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     Treasury Research Fellowship

 

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     Business Regulation

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     Banking Division Reimbursement Account

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     Office of the Health Insurance Commissioner Reimbursement Account

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     Securities Division Reimbursement Account

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     Commercial Licensing and Racing and Athletics Division Reimbursement Account

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     Insurance Division Reimbursement Account

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     Historic Preservation Tax Credit Account.

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     Judiciary

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     Arbitration Fund Restricted Receipt Account

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     Third-Party Grants

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     RI Judiciary Technology Surcharge Account

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     Department of Elementary and Secondary Education

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     Statewide Student Transportation Services Account

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     School for the Deaf Fee for Service Account

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     Davies Career and Technical School Local Education Aid Account

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     Davies – National School Breakfast & Lunch Program

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     Office of the Post-Secondary Commissioner

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     Westerly Higher Education and Industry Center

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     Department of Labor and Training

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     Job Development Fund

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     Department of Transportation

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     Rhode Island Highway Maintenance Account

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     SECTION 3. Section 39-26.6-4 of the General Laws in Chapter 39-26.6 entitled "The

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Renewable Energy Growth Program" is hereby amended to read as follows:

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     39-26.6-4. Continuation of board.

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     (a) The distributed generation standard contract board shall remain fully constituted and

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authorized as provided in chapter 26.2 of title 39; provided, however, that the name shall be

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changed to the "distributed-generation board". Additional purposes of the board shall be to:

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     (1) Evaluate and make recommendations to the commission regarding ceiling prices and

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annual targets, the make-up of renewable-energy classifications eligible under the distributed-

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generation growth program, the terms of the tariffs, and other duties as set forth in this chapter;

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     (2) Provide consistent, comprehensive, informed, and publicly accountable involvement

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by representatives of all interested stakeholders affected by, involved with, or knowledgeable about

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the development of distributed-generation projects that are eligible for performance-based

 

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incentives under the distributed-generation growth program; and

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     (3) Monitor and evaluate the effectiveness of the distributed-generation growth program.

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     (b) The office, in consultation with the board, shall be authorized to hire, or to request the

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electric-distribution company to hire, the services of qualified consultants to perform ceiling price

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studies subject to commission approval that shall be granted or denied within sixty (60) days of

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receipt of such request from the office. The cost of such studies shall be recoverable through the

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rate-reconciliation provisions of the electric-distribution company set forth in § 39-26.6-25, subject

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to commission approval. In addition, the office, in consultation with the board, may request the

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commission to approve other costs incurred by the board, office, or the electric-distribution

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company to utilize consultants for annual programmatic services or to perform any other studies

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and reports, subject to the review and approval of the commission, that shall be granted or denied

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within one hundred twenty (120) days of receipt of such request from the office, and that shall be

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recoverable through the same reconciliation provisions.

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     (c) Revenues generated through the rate reconciliation process to finance the expenses

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incurred as outlined in subsection (b) shall be transferred to the office and deposited in a restricted

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receipt account within the general fund. The restricted receipt account shall be exempt from the

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indirect cost recovery assessment under §35-4-27.

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     SECTION 4. Chapter 42.17.1 of the General Laws entitled "Department of Environmental

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Management" is hereby amended by adding thereto the following sections:

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     42-17.1-27. Eisenhower House – Rental fees.

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     (a) There is hereby established within the department of environmental management a

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restricted receipt account entitled "Eisenhower house". All proceeds from rental fees for the use of

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the Eisenhower house and its surrounding grounds shall be deposited into this account and used for

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reinvestment and maintenance of the facility. The rental fees for the use of Eisenhower house and

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surrounding grounds shall be established by regulation. The department of environmental

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management may require certain attendants to be present during rental hours, and may require the

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lessees to reimburse the cost of such service provided to reflect the actual cost to the department.

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The department may also require reasonable amounts of liability insurance to be obtained by the

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lessee.

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     (b) The department of environmental management and the state shall not be civilly liable

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for the acts or omissions of the lessees of the Eisenhower house.

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     SECTION 5. Chapter 42-28 of the General Laws entitled "State Police" is hereby amended

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by adding thereto the following section:

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     42-28-49.1. Non-state agency reimbursements.

 

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     There is hereby established within the general fund a restricted receipt account to be known

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as the "state police non-state agency reimbursements" account. All revenues deposits into the

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account from non-state agencies shall be used to reimburse the state police for costs incurred in

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support of non-state agency programs and activities. All funds deposited into the account shall be

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exempt from the indirect cost recovery provisions of §35-4-27.

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     SECTION 6. Section 42-45-12 of the General Laws entitled "Rhode Island Historical

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Preservation and Heritage Commission" is hereby repealed.

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     42-45-12. Eisenhower House – Rental fees.

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     (a) The historical preservation and heritage commission is hereby authorized to collect

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rental fees for use of the Eisenhower House and surrounding grounds. The rental fees shall be

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established by regulation. All fees collected under this section shall be deposited as general

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revenues. The historical preservation and heritage commission may require certain attendants to be

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present during rental hours and may require the lessees to reimburse the cost of such service

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provided such cost reflect the actual cost of the commission. The commission may also require

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reasonable amounts of liability insurance to be obtained by the lessee.

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     (b) The historical preservation and heritage commission and the state shall not be civilly

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liable for the acts or omissions of the lessees of the Eisenhower House.

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     SECTION 7. Chapter 42-72 of the General Laws entitled "Department of Children, Youth

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and Families" is hereby amended by adding thereto the following section:

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     42-72-36.4. Foundation grants.

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     All grant funds from nonprofit charitable organizations accepted by the department of

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children, youth and families with formally established agreements with an approved budget for

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their use, shall be deposited as restricted receipts.

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     SECTION 8. Section 42-75-13 of the General Laws in Chapter 42-75 entitled "Council on

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the Arts" is hereby amended to read as follows:

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     42-75-13. Appropriation.

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     (a) During the fiscal year ending June 30, 2008, the state lottery division within the

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department of revenue shall conduct, pursuant to chapter 62.61 of the general laws, an instant game

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to be known as the "Arts Lottery Game." The net revenue from the first three (3) months of the

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running of the "Arts Lottery Game" shall be deposited in a restricted revenue account to be used

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by the Rhode Island Council on the Arts for the support and improvement of the arts in this state.

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The provisions of this section shall prevail over any inconsistent provisions of chapter 42-61.

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     (b) During the fiscal year ending June 30, 2010, the The Rhode Island Council on the Arts

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shall deposit any funds received from the Rhode Island Foundation in a restricted receipt account

 

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to be used for the support and improvement of the arts in this state. All such funds deposited shall

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be exempt from the indirect cost recovery provisions of § 35-4-7 §35-24-27.

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     SECTION 9. Section 35-3-7 of the General Laws in Chapter 35-3 entitled "State Budget"

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is hereby amended to read as follows:

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     35-3-7. Submission of budget to general assembly -- Contents.

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     (a) On or before the third Thursday in January in each year of each January session of the

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general assembly, the governor shall submit to the general assembly a budget containing a complete

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plan of estimated revenues and proposed expenditures, with a personnel supplement detailing the

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number and titles of positions of each agency and the estimates of personnel costs for the next fiscal

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year, and with the inventory required by § 35-1.1-3(b)(4). Provided, however, in those years that a

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new governor is inaugurated, the new governor shall submit the budget on or before the first

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Thursday in February. In the budget the governor may set forth in summary and detail:

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     (1) Estimates of the receipts of the state during the ensuing fiscal year under laws existing

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at the time the budget is transmitted and also under the revenue proposals, if any, contained in the

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budget, and comparisons with the estimated receipts of the state during the current fiscal year, as

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well as actual receipts of the state for the last two (2) completed fiscal years.

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     (2) Estimates of the expenditures and appropriations necessary in the governor's judgment

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for the support of the state government for the ensuing fiscal year, and comparisons with

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appropriations for expenditures during the current fiscal year, as well as actual expenditures of the

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state for the last two (2) complete fiscal years; provided, further, in the event the budget submission

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includes any transfers of resources from public corporations to the general fund, the budget

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submission shall also include alternatives to said transfers.

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     (3) Financial statements of the:

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     (i) Condition of the treasury at the end of the last completed fiscal year;

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     (ii) The estimated condition of the treasury at the end of the current fiscal year; and

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     (iii) Estimated condition of the treasury at the end of the ensuing fiscal year if the financial

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proposals contained in the budget are adopted.

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     (4) All essential facts regarding the bonded and other indebtedness of the state.

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     (5) A report indicating those program revenues and expenditures whose funding source is

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proposed to be changed from state appropriations to restricted receipts, or from restricted receipts

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to other funding sources.

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     (6) Such other financial statements and data as in the governor's opinion are necessary or

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desirable.

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     (b) Any other provision of the general laws to the contrary notwithstanding, the proposed

 

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appropriations submitted by the governor to the general assembly for the next ensuing fiscal year

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should not be more than five and one-half percent (5.5%) in excess of total state appropriations,

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excluding any estimated supplemental appropriations, enacted by the general assembly for the

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fiscal year previous to that for which the proposed appropriations are being submitted; provided

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that the increased state-share provisions required to achieve fifty percent (50%) state financing of

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local school operations as provided for in P.L. 1985, ch. 182, shall be excluded from the definition

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of total appropriations.

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     (c) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

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assembly a budget for the fiscal year ending June 30, 2006, not later than the fourth (4th) Thursday

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in January 2005.

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     (d) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

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assembly a supplemental budget for the fiscal year ending June 30, 2006, and/or a budget for the

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fiscal year ending June 30, 2007, not later than Thursday, January 26, 2006.

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     (e) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

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assembly a supplemental budget for the fiscal year ending June 30, 2007, and/or a budget for the

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fiscal year ending June 30, 2008, not later than Wednesday, January 31, 2007.

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     (f) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

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assembly a budget for the fiscal year ending June 30, 2012, not later than Thursday, March 10,

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2011.

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     (g) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

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assembly a budget for the fiscal year ending June 30, 2013, not later than Tuesday, January 31,

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2012.

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     (h) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

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assembly a budget for the fiscal year ending June 30, 2016, not later than Thursday, March 12,

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2015.

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     SECTION 10. Chapter 35-5 of the General Laws entitled "Rotary Funds" is hereby

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amended by adding thereto the following section:

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     35-5-10. Reimbursement of rotary funds for services provided to state agencies.

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     Notwithstanding the provisions of §35-5-5, any rotary or rotating fund established for

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centralized services under the control of the department of administration, including information

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technology, capital asset management and maintenance and human resources, shall consist of, in

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addition to such sums as may be provided by appropriation for that purpose, the receipts and

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reimbursements accruing to the fund. Any state department or agency receiving or drawing

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services, goods, wares, or merchandise from these programs, or receiving benefits therefrom, shall

 

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reimburse the rotary fund for the cost. The reimbursement of the rotary fund shall be made by each

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department or agency at the close of each calendar month through a process established by the state

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controller to the order of the respective rotary fund. The state controller shall charge payments to

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the proper appropriation for the operation and maintenance of the benefitting department or agency.

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On or before October 15, 2017, and quarterly thereafter, the director of the department of

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administration shall provide a report to the speaker of the house and senate president, with copies

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to the chairpersons of the house and senate finance committees, detailing the fund activity for the

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previous quarter, including a breakdown of the fund activity of each department or agency.

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     SECTION 11. Section 37-2-12 of the General Laws in Chapter 37-2 entitled "State

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Purchases" is hereby amended to read as follows:

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     37-2-12. Centralization of the procurement authority.

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     (a) All rights, powers, duties, and authority relating to the procurement of supplies,

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services, and construction, and the management, control, warehousing, sale, and disposal of

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supplies, services, and construction now vested in or exercised by any state agency under the

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several statutes relating thereto are hereby transferred to the chief purchasing officer as provided

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in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the

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centralized purchasing of the state but the public agency, through its existing internal purchasing

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function, shall adhere to the general principles, policies and practices set forth in this chapter.

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     (b) The chief purchasing officer, as defined in §37-2-7(3)(i), may establish, charge and

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collect from state contractors, listed on master price agreements, a statewide contract administrative

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fee not to exceed one percent (1%) of the total value of the annual spend against a contract awarded

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to a state contractor. All statewide contract administrative fees collected pursuant to this subsection

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shall be deposited into a restricted receipt account within the general fund designated as the

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"division of purchases administrative fee account" and shall be used for the purposes of

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implementing technology for the submission and processing of bids, online vendor registration, bid

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notification, and other costs related to state procurement. On or before January 15, 2019, and

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annually thereafter on or before January 15, the chief purchasing officer or designee shall file a

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report with the governor, the speaker of the house, and the president of the senate detailing:

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     (i) The total amount of funds collected and deposited into the division of purchases

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administrative fee account for the most recently completed fiscal year;

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     (ii) The account balance as of the date of the report;

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     (iii) An itemization of all expenditures and other uses of said funds from said account for

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the most recently completed fiscal year; and

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     (iv) An annual evaluation as to the appropriateness of the amount of the contract

 

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administrative fee on master price agreements.

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     (c) Subject to the approval of the director of the department of administration, the state

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controller is authorized to offset any currently recorded outstanding liability on the part of

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developmental disability organizations (DDOs) to repay previously authorized startup capital

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advances against the proceeds from the sale of group homes within a fiscal year prior to any sale

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proceeds being deposited into the information technology investment fund.

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     SECTION 12. Section 37-7-15 of the General Laws in Chapter 37-7 entitled "Management

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and Disposal of Property" is hereby amended to read as follows:

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     37-7-15. Sale of state-owned land, buildings and improvements thereon and other real

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property.

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     (a) Total annual proceeds from the sale of any land and the buildings and improvements

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thereon, and other real property title to which is vested in the State of Rhode Island or title to which

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will be vested in the state upon completion of any condemnation or other proceedings, shall be

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transferred to and made available for the purposes outlined in § 42-11-2.5 of the general laws,

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unless otherwise prohibited by federal law.

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     (b) Provided, however, this shall not include proceeds from the sale of any land and the

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buildings and improvements thereon that will be created by the relocation of interstate route 195

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which is sometimes collectively referred to as the "I-195 Surplus Land" which land is identified in

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the "Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis"

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prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain

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tracts or parcels of land situated in the city of Providence, county of Providence, State of Rhode

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Island, delineated on that certain plan of land captioned "Improvements to Interstate Route 195,

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Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1"

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     (c) Subject to the approval of the director of the department of administration, the state

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controller is authorized to offset any currently recorded outstanding liability on the part of

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developmental disability organizations (DDOs) to repay previously authorized startup capital

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advances against the proceeds from the sale of group homes within a fiscal year prior to any sale

28

proceeds being deposited into the information technology investment fund.

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     SECTION 13. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled

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"Department of Administration" is hereby amended to read as follows:

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     42-11-2.5. Information technology investment fund.

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     (a) All sums from the sale of any land and the buildings and improvements thereon, and

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other real property title to which is vested in the state except as provided in subsection §§37-7-

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15(b) and 37-7-15(c) shall be transferred to an Information Technology Investment Fund restricted

 

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receipt account that is hereby established. This fund shall consist of such sums from the sale of any

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land and the buildings and improvements thereon, and other real property title to which is vested

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in the state except as provided in subsection §§37-7-15(b) and 37-7-15(c), as well as a share of E-

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911 Uniform Emergency Telephone System surcharge revenues collected under the provisions of

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§ 39-21.1-14. This fund may also consist of such sums as the state may from time to time

6

appropriate, as well as money received from the disposal of information technology equipment,

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loan, interest and service charge payments from benefiting state agencies, as well as interest

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earnings, money received from the federal government, gifts, bequest, donations, or to otherwise

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from any public or private source. Any such funds shall be exempt from the indirect cost recovery

10

provisions of § 35-4-27.

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     (b) This fund shall be used for the purpose of acquiring information technology

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improvements, including, but not limited to, hardware, software, consulting services, and ongoing

13

maintenance and upgrade contracts for state departments and agencies.

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     (c) The division of information technology of the Rhode Island department of

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administration shall adopt rules and regulations consistent with the purposes of this chapter and

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chapter 35 of title 42, in order to provide for the orderly and equitable disbursement of funds from

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this account.

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     SECTION 14. Section 5-65-9 of the General Laws in Chapter 5-65 entitled "Contractors'

19

Registration and Licensing Board" is hereby amended to read as follows:

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     5-65-9. Registration fee.

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     (a) Each applicant shall pay to the board:

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     (1) For original registration or renewal of registration, a fee of two hundred dollars ($200).

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     (2) A fee for all changes in the registration, as prescribed by the board, other than those

24

due to clerical errors.

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     (b) All fees and fines collected by the board shall be deposited as general revenues to

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support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all fees

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and fines collected by the board shall be deposited into a restricted receipt account for the exclusive

28

use of supporting programs established by this chapter.

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     (c) On or before January 15, 2018, and annually thereafter, the board shall file a report with

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the speaker of the house, and the president of the senate, with copies to the chairpersons of the

31

house and senate finance committees, detailing:

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     (1) The total number of fines issued broken down by category, including the number of

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fines issued for a first violation and the number of fines issued for a subsequent violation;

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     (2) The total dollar of amount of fines levied;

 

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     (3) The total amount of fees, fines, and penalties collected and deposited for the most

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recently completed fiscal year; and

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     (4) The account balance as of the date of the report.

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     (c)(d) Each year, the executive director shall prepare a proposed budget to support the

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programs approved by the board. The proposed budget shall be submitted to the board for its

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review. A final budget request shall be submitted to the legislature as part of the capital projects

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and property management annual request.

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     (d)(e) New or renewal registrations may be filed online or with a third-party approved by

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the board, with the additional cost incurred to be borne by the registrant.

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     SECTION 15. Sections 1 through 10 of the article shall take effect upon passage. The

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remainder of the Sections in the article shall take effect on July 1, 2017.

 

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