2017 -- H 5175 SUBSTITUTE A

========

LC000840/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR

THE FISCAL YEAR ENDING JUNE 30, 2018

     

     Introduced By: Representative Marvin L. Abney

     Date Introduced: January 19, 2017

     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 2018

2

ARTICLE 2 RELATING TO ECONOMIC DEVELOPMENT AND TAX CREDITS

3

ARTICLE 3 RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP

4

ARTICLE 4 RELATING TO MOTOR VEHICLES

5

ARTICLE 5 RELATING TO GOVERNMENT REORGANIZATION

6

ARTICLE 6 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

7

ARTICLE 7 RELATING TO STATE FUNDS

8

ARTICLE 8 RELATING TO TAXES AND REVENUES

9

ARTICLE 9 RELATING TO HEALTH AND HUMAN SERVICES

10

ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT

11

OF FY 2017

12

ARTICLE 11 RELATING TO TAXATION - EXCISE ON MOTOR VEHICLES AND

13

TRAILERS

14

ARTICLE 12 RELATING TO EDUCATION AID

15

ARTICLE 13 RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND

16

FINES

17

ARTICLE 14 RELATING TO MINIMUM WAGES

 

1

ARTICLE 15 RELATING TO EFFECTIVE DATE

 

========

LC000840/SUB A

========

 

LC000840/SUB A - Page 2 of 2

 

=======

art.001/4/001/3/001/2/001/1

=======

1

     ARTICLE 1

2

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018

3

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

4

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

5

treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2018.

6

The amounts identified for federal funds and restricted receipts shall be made available pursuant to

7

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

8

and functions hereinafter mentioned, 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 such portions thereof

10

as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

11

Administration

12

Central Management

13

General Revenues 2,270,212

14

Legal Services

15

General Revenues 2,170,956

16

Accounts and Control

17

General Revenues 4,130,796

18

Restricted Receipts – OPEB Board Administration 225,000

19

Total – Accounts and Control 4,355,796

20

Office of Management and Budget

21

General Revenues 8,582,351

22

Restricted Receipts 300,000

23

Other Funds 1,719,494

24

Total – Office of Management and Budget 10,601,845

25

Purchasing

26

General Revenues 2,630,843

27

Restricted Receipts 540,000

28

Other Funds 233,525

29

Total – Purchasing 3,404,368

30

Human Resources

 

1

General Revenues 8,057,188

2

Federal Funds 1,014,410

3

Restricted Receipts 610,995

4

Other Funds 1,591,954

5

Total – Human Resources 11,274,547

6

Personnel Appeal Board

7

General Revenues 145,130

8

Information Technology

9

General Revenues 22,146,644

10

Federal Funds 6,655,755

11

Restricted Receipts 10,777,319

12

Other Funds 2,699,001

13

Total – Information Technology 42,278,719

14

Library and Information Services

15

General Revenues 1,479,475

16

Federal Funds 1,157,870

17

Restricted Receipts 5,500

18

Total – Library and Information Services 2,642,845

19

Planning

20

General Revenues 1,271,483

21

Federal Funds 1,000

22

Other Funds

23

Air Quality Modeling 24,000

24

Federal Highway – PL Systems Planning 3,172,497

25

FTA – Metro Planning Grant 1,033,131

26

Total – Planning 5,502,111

27

General

28

General Revenues

29

Miscellaneous Grants/Payments 100,000

30

     Provided that this amount be allocated to City Year for the Whole School Whole Child

31

Program, which provides individualized support to at-risk students.

32

Torts– Courts/Awards 400,000

33

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

34

Resource Sharing and State Library Aid 9,362,072

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 2 of 36)

1

Library Construction Aid 2,161,628

2

Restricted Receipts 700,000

3

Other Funds

4

Rhode Island Capital Plan Funds

5

Security Measures State Buildings 500,000

6

Energy Efficiency Improvements 1,000,000

7

Cranston Street Armory 850,000

8

Zambarano Building Rehabilitation 6,085,000

9

. Big River Management Area 100,000

10

Veterans Memorial Auditorium 205,000

11

RI Convention Center Authority 1,250,000

12

Dunkin Donuts Center 2,350,000

13

Virks Building Renovations 5,236,000

14

Accessibility – Facility Renovations 1,000,000

15

Cannon Building 700,000

16

Chapin Health Laboratory 3,550,000

17

Environmental Compliance 200,000

18

DoIT Operations Center 770,000

19

Old Colony House 100,000

20

Old State House 1,000,000

21

Pastore Center Buildings Demolition 175,000

22

Pastore Center Parking 1,300,000

23

Pastore Center Power Plant Rehab. 800,000

24

Pastore Center Rehab DOA Portion 3,900,000

25

Pastore Center Strategic Plan 600,000

26

Pastore Center Utilities Upgrade 2,000,000

27

Pastore Center Water Tanks & Pipes 280,000

28

Replacement of Fueling Tanks 450,000

29

Shepard Building 395,000

30

State House Energy Management Improvement 2,000,000

31

State House Renovations 1,250,000

32

State Office Building 700,000

33

Washington County Government Center 1,400,000

34

William Powers Administration Bldg. 1,000,000

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 3 of 36)

1

Total – General 56,190,757

2

Debt Service Payments

3

General Revenues 138,819,065

4

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

5

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

6

maximum debt service due in accordance with the loan agreement.

7

Federal Funds 1,870,830

8

Other Funds

9

Transportation Debt Service 40,958,106

10

Investment Receipts – Bond Funds 100,000

11

Total - Debt Service Payments 181,748,001

12

Energy Resources

13

Federal Funds 723,171

14

Restricted Receipts 11,410,652

15

Total – Energy Resources 12,133,823

16

Rhode Island Health Benefits Exchange

17

General Revenues 2,625,841

18

Federal Funds 135,136

19

Restricted Receipts 6,807,845

20

Total – Rhode Island Health Benefits Exchange 9,568,822

21

Construction Permitting, Approvals and Licensing

22

General Revenues 1,790,975

23

Restricted Receipts 1,187,870

24

Total –Approvals and Licensing 2,978,845

25

Office of Diversity, Equity & Opportunity

26

General Revenues 1,282,250

27

Other Funds 86,623

28

Total – Office of Diversity, Equity & Opportunity 1,368,873

29

Capital Asset Management and Maintenance

30

General Revenues 33,868,627

31

Federal Funds 1,603,917

32

Restricted Receipts 660,725

33

Other Funds 3,874,844

34

Total – Capital Asset Management and Maintenance 40,008,113

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 4 of 36)

1

Personnel and Operational Reforms

2

General Revenues (30,080,124)

3

Grand Total – Administration 358,563,639

4

Business Regulation

5

Central Management

6

General Revenues 1,296,420

7

Banking Regulation

8

General Revenues 1,743,062

9

Restricted Receipts 50,000

10

Total – Banking Regulation 1,793,062

11

Securities Regulation

12

General Revenues 974,364

13

Restricted Receipts 15,000

14

Total – Securities Regulation 989,364

15

Insurance Regulation

16

General Revenues 3,925,436

17

Restricted Receipts 1,826,495

18

Total – Insurance Regulation 5,751,931

19

Office of the Health Insurance Commissioner

20

General Revenues 1,467,318

21

Federal Funds 892,213

22

Restricted Receipts 228,768

23

Total – Office of the Health Insurance Commissioner 2,588,299

24

Board of Accountancy

25

General Revenues 6,000

26

Commercial Licensing, Racing & Athletics

27

General Revenues 893,038

28

Restricted Receipts 1,778,614

29

Total – Commercial Licensing, Racing & Athletics 2,671,652

30

Boards for Design Professionals

31

General Revenues 362,455

32

Grand Total – Business Regulation 15,459,183

33

Executive Office of Commerce

34

Central Management

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 5 of 36)

1

     General Revenues

2

1,138,714

3

Housing and Community Development

4

General Revenues 642,391

5

Federal Funds 17,890,642

6

Restricted Receipts 4,749,911

7

Total – Housing and Community Development 23,282,944

8

Quasi–Public Appropriations

9

General Revenues

10

Rhode Island Commerce Corporation 7,474,514

11

Airport Impact Aid 1,025,000

12

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

13

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

14

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

15

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

16

year 2017 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset

17

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

18

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

19

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

20

shall receive at least $25,000.

21

STAC Research Alliance 1,150,000

22

Innovative Matching Grants/Internships 1,000,000

23

I-195 Redevelopment District Commission 761,000

24

Chafee Center at Bryant 376,200

25

Urban Ventures 140,000

26

Polaris Manufacturing Grant 250,000

27

Other Funds

28

Rhode Island Capital Plan Funds

29

I-195 Commission 300,000

30

Quonset Piers 2,600,000

31

Total – Quasi–Public Appropriations 15,076,714

32

Economic Development Initiatives Fund

33

General Revenues

34

Innovation Initiative 1,000,000

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 6 of 36)

1

I-195 Redevelopment Fund 2,000,000

2

Main Street RI Streetscape Improvements 500,000

3

Rebuild RI Tax Credit Fund 12,500,000

4

First Wave Closing Fund 1,800,000

5

Total – Economic Development Initiatives Fund 17,800,000

6

Commerce Programs

7

General Revenues

8

Wavemaker Fellowship 800,000

9

Air Service Development 500,000

10

Total – Commerce Programs 1,300,000

11

Grand Total – Executive Office of Commerce 58,598,372

12

Labor and Training

13

Central Management

14

General Revenues 134,315

15

Restricted Receipts 687,604

16

Other Funds

17

Rhode Island Capital Plan Funds

18

Center General Asset Protection 1,630,000

19

Total – Central Management 2,451,919

20

Workforce Development Services

21

General Revenues 704,517

22

Federal Funds 22,792,153

23

Restricted Receipts 12,434,856

24

Other Funds 101,601

25

Total – Workforce Development Services 35,343,328

26

Workforce Regulation and Safety

27

General Revenues 2,998,443

28

Income Support

29

General Revenues 4,046,748

30

Federal Funds 14,138,705

31

Restricted Receipts 2,500,020

32

Other Funds

33

Temporary Disability Insurance Fund 197,566,522

34

Employment Security Fund 161,220,000

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 7 of 36)

1

Other Funds 40,418

2

Total – Income Support 379,512,413

3

Injured Workers Services

4

Restricted Receipts 8,701,434

5

Labor Relations Board

6

General Revenues 397,335

7

Grand Total – Labor and Training 429,907,376

8

Revenue

9

Director of Revenue

10

General Revenues 1,244,266

11

Office of Revenue Analysis

12

General Revenues 788,009

13

Lottery Division

14

Other Funds 375,039,436

15

Municipal Finance

16

General Revenues 3,111,025

17

Taxation

18

General Revenues 22,775,987

19

Federal Funds 1,361,360

20

Restricted Receipts 945,239

21

Other Funds

22

Motor Fuel Tax Evasion 176,148

23

Temporary Disability Insurance Fund 1,004,487

24

Total – Taxation 26,263,221

25

Registry of Motor Vehicles

26

General Revenues 21,175,553

27

Federal Funds 206,140

28

Restricted Receipts 2,094,763

29

Total – Registry of Motor Vehicles 23,476,456

30

State Aid

31

General Revenues

32

Distressed Communities Relief Fund 12,384,458

33

Payment in Lieu of Tax Exempt Properties 45,205,606

34

Motor Vehicle Excise Tax Payments 36,000,000

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 8 of 36)

1

Property Revaluation Program 937,228

2

Restricted Receipts 922,013

3

Total – State Aid 95,449,305

4

Grand Total – Revenue 525,371,718

5

Legislature

6

General Revenues 40,522,507

7

Restricted Receipts 1,729,957

8

Grand Total – Legislature 42,252,464

9

Lieutenant Governor

10

General Revenues 1,084,217

11

Secretary of State

12

Administration

13

General Revenues 3,382,625

14

Corporations

15

General Revenues 2,224,127

16

State Archives

17

General Revenues 87,150

18

Restricted Receipts 414,478

19

Total – State Archives 501,628

20

Elections and Civics

21

General Revenues 1,906,470

22

State Library

23

General Revenues 723,385

24

     Provided that $125,000 be allocated to support the Rhode Island Historical Society

25

pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the

26

Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.

27

Office of Public Information

28

General Revenues 587,562

29

Receipted Receipts 25,000

30

Total – Office of Public Information 612,562

31

Grand Total – Secretary of State 9,350,797

32

General Treasurer

33

Treasury

34

General Revenues 2,456,017

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 9 of 36)

1

Federal Funds 290,987

2

Other Funds

3

Temporary Disability Insurance Fund 226,879

4

Tuition Savings Program – Administration 323,363

5

Total – General Treasurer 3,297,246

6

State Retirement System

7

Restricted Receipts

8

Admin Expenses – State Retirement System 9,244,408

9

Retirement – Treasury Investment Operations 1,545,880

10

Defined Contribution – Administration 178,238

11

Total – State Retirement System 10,968,526

12

Unclaimed Property

13

Restricted Receipts 26,324,334

14

Crime Victim Compensation Program

15

General Revenues 242,675

16

Federal Funds 799,350

17

Restricted Receipts 1,132,319

18

Total – Crime Victim Compensation Program 2,174,344

19

Grand Total – General Treasurer 42,764,450

20

Board of Elections

21

General Revenues 1,548,735

22

Rhode Island Ethics Commission

23

General Revenues 1,665,873

24

Office of Governor

25

General Revenues

26

General Revenues 5,147,554

27

Contingency Fund 250,000

28

Grand Total – Office of the Governor 5,397,554

29

Commission for Human Rights

30

General Revenues 1,258,074

31

Federal Funds 432,028

32

Grand Total – Commission for Human Rights 1,690,102

33

Public Utilities Commission

34

Federal Funds 129,225

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 10 of 36)

1

Restricted Receipts 9,007,118

2

Grand Total – Public Utilities Commission 9,136,343

3

Office of Health and Human Services

4

Central Management

5

General Revenues 24,392,877

6

Federal Funds 77,188,649

7

Restricted Receipts 7,942,269

8

Total – Central Management 109,523,795

9

Medical Assistance

10

General Revenues

11

Managed Care 305,669,199

12

Hospitals 88,874,365

13

Nursing Facilities 87,025,458

14

Home and Community Based Services 29,133,178

15

Other Services 66,474,753

16

Pharmacy 63,129,216

17

Rhody Health 288,671,528

18

Federal Funds

19

Managed Care 384,843,395

20

Hospitals 88,630,266

21

Nursing Facilities 91,818,475

22

Home and Community Based Services 30,737,717

23

Other Services 507,836,076

24

Pharmacy (1,060,683)

25

Rhody Health 302,930,915

26

Other Programs 42,500,000

27

Restricted Receipts 11,274,268

28

Total – Medical Assistance 2,388,488,126

29

Grand Total – Office of Health and Human Services 2,498,011,921

30

Children, Youth, and Families

31

Central Management

32

General Revenues 7,157,480

33

Federal Funds 2,831,574

34

Total – Central Management 9,989,054

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 11 of 36)

1

Children's Behavioral Health Services

2

General Revenues 5,099,171

3

Federal Funds 5,447,794

4

Other Funds

5

Rhode Island Capital Plan Funds

6

Training School Repairs/Improvements 100,000

7

Total – Children's Behavioral Health Services 10,646,965

8

Juvenile Correctional Services

9

General Revenues 22,824,456

10

Federal Funds 280,282

11

Other Funds

12

Rhode Island Capital Plan Funds

13

Generators – Rhode Island Training School 950,000

14

Total – Juvenile Correctional Services 24,054,738

15

Child Welfare

16

General Revenues

17

General Revenues 96,928,649

18

18 to 21 Year Olds 13,646,106

19

Federal Funds

20

Federal Funds 43,160,424

21

18 to 21 Year Olds 7,295,085

22

Restricted Receipts 3,128,707

23

Total – Child Welfare 164,158,971

24

Higher Education Incentive Grants

25

General Revenues 200,000

26

Grand Total – Children, Youth, and Families 209,049,728

27

Health

28

Central Management

29

General Revenues 789,523

30

Federal Funds 3,646,373

31

Restricted Receipts 4,976,359

32

Total – Central Management 9,412,255

33

Community Health and Equity

34

General Revenues 691,032

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 12 of 36)

1

Federal Funds 71,790,291

2

Restricted Receipts 32,202,603

3

Total – Community Health and Equity 104,683,926

4

Environmental Health

5

General Revenues 5,100,209

6

Federal Funds 7,325,459

7

Restricted Receipts 239,613

8

Total – Environmental Health 12,665,281

9

Health Laboratories and Medical Examiner

10

General Revenues 9,531,063

11

Federal Funds 2,034,544

12

Total – Health Laboratories and Medical Examiner 11,565,607

13

Customer Services

14

General Revenues 6,324,375

15

Federal Funds 4,193,231

16

Restricted Receipts 1,087,647

17

Total – Customer Services 11,605,253

18

Policy, Information and Communications

19

General Revenues 837,790

20

Federal Funds 2,354,457

21

Restricted Receipts 872,764

22

Total – Policy, Information and Communications 4,065,011

23

Preparedness, Response, Infectious Disease & Emergency Services

24

General Revenues 1,619,131

25

Federal Funds 14,028,957

26

Total – Preparedness, Response, Infectious Disease &

27

Emergency Services 15,648,088

28

Grand Total - Health 169,645,421

29

Human Services

30

Central Management

31

General Revenues 3,410,108

32

     Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide

33

direct services through the Coalition Against Domestic Violence, $250,000 is to support Project

34

Reach activities provided by the RI Alliance of Boys and Girls Club, $217,000 is for outreach and

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 13 of 36)

1

supportive services through Day One, $175,000 is for food collection and distribution through the

2

Rhode Island Community Food Bank, $300,000 for services provided to the homeless at Crossroad

3

Rhode Island, and $520,000 for the Community Action Fund and $200,000 for the Institute for the

4

Study and Practice of Nonviolence’s Reduction Strategy.

5

Federal Funds 3,973,906

6

Restricted Receipts 507,991

7

Total – Central Management 7,892,005

8

Child Support Enforcement

9

General Revenues 3,381,319

10

Federal Funds 7,868,794

11

Total – Child Support Enforcement 11,250,113

12

Individual and Family Support

13

General Revenues 20,379,984

14

Federal Funds 99,042,651

15

Restricted Receipts 386,650

16

Other Funds

17

Intermodal Surface Transportation Fund 4,428,478

18

Rhode Island Capital Plan Funds

19

Blind Vending Facilities 165,000

20

Total – Individual and Family Support 124,402,763

21

Office of Veterans' Affairs

22

General Revenues 20,601,826

23

     Of this amount $200,000 to provide support services through Veteran’s organization.

24

Federal Funds 19,211,211

25

Restricted Receipts 2,241,167

26

Total – Office Veterans' Affairs 42,054,204

27

Health Care Eligibility

28

General Revenues 6,045,119

29

Federal Funds 8,001,670

30

Total – Health Care Eligibility 14,046,789

31

Supplemental Security Income Program

32

General Revenues 18,548,119

33

Rhode Island Works

34

General Revenues 10,612,819

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 14 of 36)

1

Federal Funds 82,662,141

2

Total – Rhode Island Works 93,274,960

3

Other Programs

4

General Revenues 1,558,951

5

     Of this appropriation, $180,000 shall be used for hardship contingency payments.

6

Federal Funds 282,060,431

7

Total – Other Programs 283,619,382

8

Elderly Affairs

9

General Revenues

10

General Revenues 6,592,188

11

     Of this amount, $140,000 to provide elder services, including respite, through the Diocese

12

of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term Care in

13

accordance with Rhode Island General Law, Section 42-66.7, $85,000 for security for housing for

14

the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $400,000 for Senior

15

Services Support and $580,000 for elderly nutrition, of which $530,000 is for Meals on Wheels.

16

RIPAE 120,693

17

Federal Funds 12,763,393

18

Restricted Receipts 134,428

19

Total – Elderly Affairs 19,610,702

20

Grand Total – Human Services 614,699,037

21

Behavioral Healthcare, Developmental Disabilities, and Hospitals

22

Central Management

23

General Revenues 1,655,306

24

Hospital and Community System Support

25

General Revenues 2,067,954

26

Other Funds

27

Rhode Island Capital Plan Funds

28

Medical Center Rehabilitation 250,000

29

Community Facilities Fire Code 400,000

30

Total – Hospital and Community System Support 2,717,954

31

Services for the Developmentally Disabled

32

General Revenues 123,584,106

33

Federal Funds 130,151,094

34

Restricted Receipts 1,872,560

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 15 of 36)

1

Other Funds

2

Rhode Island Capital Plan Funds

3

DD Private Waiver 100,000

4

Regional Center Repair/Rehabilitation 300,000

5

MR Community Facilities/Access to Independence 500,000

6

Total – Services for the Developmentally Disabled 256,507,760

7

Behavioral Healthcare Services

8

General Revenues 2,543,780

9

Federal Funds 24,368,659

10

     Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse

11

Task Forces, $250,000 for the Oasis Wellness and Recovery Center and $128,000 shall be

12

expended on NAMI of RI.

13

Restricted Receipts 100,000

14

Other Funds

15

Rhode Island Capital Plan Funds

16

MH Community Facilities Repair 200,000

17

MH Housing Development Thresholds 800,000

18

Substance Abuse Asset Protection 150,000

19

Total – Behavioral Healthcare Services 28,162,439

20

Hospital and Community Rehabilitative Services

21

General Revenues 46,434,725

22

Federal Funds 49,579,460

23

Restricted Receipts 6,536,595

24

Other Funds

25

Rhode Island Capital Plan Funds

26

Zambarano Buildings and Utilities 280,000

27

Hospital Consolidation 3,310,000

28

Eleanor Slater HVAC/Elevators 250,000

29

MR Community Facilities 1,025,000

30

Hospital Equipment 300,000

31

Total - Hospital and Community Rehabilitative Services 107,715,780

32

Grand Total – Behavioral Healthcare, Developmental

33

Disabilities, and Hospitals 396,759,239

34

Office of the Child Advocate

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 16 of 36)

1

General Revenues 781,499

2

Federal Funds 144,621

3

Grand Total – Office of the Child Advocate 926,120

4

Commission on the Deaf and Hard of Hearing

5

General Revenues 498,710

6

Restricted Receipts 129,200

7

Grand Total – Comm. On Deaf and Hard of Hearing 627,910

8

Governor’s Commission on Disabilities

9

General Revenues 454,938

10

Federal Funds 343,542

11

Restricted Receipts 43,710

12

Total – Governor’s Commission on Disabilities 842,190

13

Office of the Mental Health Advocate

14

General Revenues 549,563

15

Elementary and Secondary Education

16

Administration of the Comprehensive Education Strategy

17

General Revenues 20,106,907

18

     Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s

19

Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $245,000 be allocated to

20

support child opportunity zones through agreements with the Department of Elementary and

21

Secondary Education to strengthen education, health and social services for students and their

22

families as a strategy to accelerate student achievement.

23

Federal Funds 201,868,995

24

Restricted Receipts

25

Restricted Receipts 2,241,390

26

HRIC Adult Education Grants 3,500,000

27

Total – Admin. of the Comprehensive Ed. Strategy 227,717,292

28

Davies Career and Technical School

29

General Revenues 13,358,058

30

Federal Funds 1,376,685

31

Restricted Receipts 3,716,922

32

Other Funds

33

Rhode Island Capital Plan Funds

34

Davies HVAC 1,000,000

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 17 of 36)

1

Davies Asset Protection 150,000

2

Davies Advanced Manufacturing 3,650,000

3

Total – Davies Career and Technical School 23,251,665

4

RI School for the Deaf

5

General Revenues 6,269,979

6

Federal Funds 254,320

7

Restricted Receipts 777,791

8

Other Funds

9

School for the Deaf – Fee for Service 59,000

10

Total – RI School for the Deaf 7,361,090

11

Metropolitan Career and Technical School

12

General Revenues 9,342,007

13

Other Funds

14

Rhode Island Capital Plan Funds

15

MET Asset Protection 250,000

16

MET School HVAC 2,173,000

17

Total – Metropolitan Career and Technical School 11,765,007

18

Education Aid

19

General Revenues 889,822,092

20

Restricted Receipts 20,184,044

21

Other Funds

22

Permanent School Fund 300,000

23

Total – Education Aid 910,306,136

24

Central Falls School District

25

General Revenues 39,878,367

26

School Construction Aid

27

General Revenues

28

School Housing Aid 70,907,110

29

School Building Authority Fund 9,092,890

30

Total – School Construction Aid 80,000,000

31

Teachers' Retirement

32

General Revenues 101,833,986

33

Grand Total – Elementary and Secondary Education 1,402,113,543

34

Public Higher Education

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 18 of 36)

1

Office of the Postsecondary Commissioner

2

General Revenues 14,578,459

3

     Provided that $355,000 shall be allocated the Rhode Island College Crusade pursuant to

4

the Rhode Island General Law, Section 16-70-5 and that $30,000 shall be allocated to Best Buddies

5

Rhode Island to support its programs for children with developmental and intellectual disabilities.

6

It is also provided that $2,750,000 shall be allocated to the Rhode Island Promise Scholarship

7

program.

8

Federal Funds

9

Federal Funds 3,707,287

10

Guaranty Agency Administration 5,576,382

11

WaytogoRI Portal 650,000

12

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

13

Restricted Receipts 1,490,341

14

Other Funds

15

Tuition Savings Program – Dual Enrollment 1,300,000

16

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

17

Nursing Education Center – Operating 5,052,544

18

Total – Office of the Postsecondary Commissioner 42,450,013

19

University of Rhode Island

20

General Revenues

21

General Revenues 77,371,073

22

     Provided that in order to leverage federal funding and support economic development,

23

$350,000 shall be allocated to the Small Business Development Center and that $50,000 shall be

24

allocated to Special Olympics Rhode Island to support its mission of providing athletic

25

opportunities for individuals with intellectual and developmental disabilities.

26

The University shall not decrease internal student financial aid in the 2017 - 2018 academic year

27

below the level of the 2016 - 2017 academic year.  The President of the institution shall report,

28

prior to the commencement of the 2017 - 2018 academic year, to the chair of the Council of

29

Postsecondary Education that such tuition charges and student aid levels have been achieved at the

30

start of the FY 2018 as prescribed above. Debt Service

31

22,657,568

32

RI State Forensics Laboratory 1,201,087

33

Other Funds

34

University and College Funds 645,715,072

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 19 of 36)

1

Debt – Dining Services 1,007,421

2

Debt – Education and General 3,491,909

3

Debt – Health Services 136,271

4

Debt – Housing Loan Funds 9,984,968

5

Debt – Memorial Union 320,961

6

Debt – Ryan Center 2,423,089

7

Debt – Alton Jones Services 102,964

8

Debt – Parking Authority 1,126,190

9

Debt – Sponsored Research 84,913

10

Debt – Restricted Energy Conservation 810,170

11

Debt – URI Energy Conservation 1,831,837

12

Rhode Island Capital Plan Funds

13

Asset Protection 8,030,000

14

Fine Arts Center Advanced Planning 1,000,000

15

Total – University of Rhode Island 777,295,493

16

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

17

unemcumbered balances as of June 30, 2018 relating to the University of Rhode Island are hereby

18

reappropriated to fiscal year 2019.Rhode Island College

19

General Revenues 48,188,791

20

Debt Service 4,867,060

21

     Rhode Island College shall not decrease internal student financial aid in the 2017 - 2018

22

academic year below the level of the 2016 - 2017 academic year.  The President of the institution

23

shall report, prior to the commencement of the 2017 - 2018 academic year, to the chair of the

24

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

25

achieved at the start of the FY 2018 as prescribed above.

26

Other Funds

27

University and College Funds 127,503,637

28

Debt – Education and General 1,473,919

29

Debt – Housing 368,262

30

Debt – Student Center and Dining 154,095

31

Debt – Student Union 235,556

32

Debt – G.O. Debt Service 1,640,974

33

Debt Energy Conservation 592,875

34

Rhode Island Capital Plan Funds

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 20 of 36)

1

Asset Protection 3,458,431

2

Infrastructure Modernization 4,500,000

3

Academic Building Phase I 6,100,000

4

Total – Rhode Island College 199,083,600

5

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

6

unemcumbered balances as of June 30, 2018 relating to Rhode Island College are hereby

7

reappropriated to fiscal year 2019.Community College of Rhode Island

8

General Revenues

9

General Revenues 49,935,710

10

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

11

2017 - 2018 academic year below the level of the 2016 - 2017 academic year.  The President of the

12

institution shall report, prior to the commencement of the 2017 - 2018 academic year, to the chair

13

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

14

been achieved at the start of the FY 2018 as prescribed above. Debt Service

15

2,082,845

16

Restricted Receipts 683,649

17

Other Funds

18

University and College Funds 99,588,610

19

CCRI Debt Service – Energy Conservation 805,025

20

Rhode Island Capital Plan Funds

21

Asset Protection 2,799,063

22

Knight Campus Lab Renovation 375,000

23

Knight Campus Renewal 5,000,000

24

Total – Community College of RI 161,269,902

25

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

26

unemcumbered balances as of June 30, 2018 relating to the Community College of Rhode Island

27

are hereby reappropriated to fiscal year 2019.

28

Grand Total – Public Higher Education 1,180,099,008

29

RI State Council on the Arts

30

General Revenues

31

Operating Support 780,056

32

Grants 1,165,000

33

     Provided that $375,000 be provided to support the operational costs of WaterFire

34

Providence art installations.

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 21 of 36)

1

Federal Funds 781,454

2

Other Funds

3

Art for Public Facilities 345,800

4

Grand Total – RI State Council on the Arts 3,072,310

5

RI Atomic Energy Commission

6

General Revenues 982,157

7

Other Funds

8

URI Sponsored Research 272,216

9

Rhode Island Capital Plan Funds

10

RINSC Asset Protection 50,000

11

Grand Total – RI Atomic Energy Commission 1,304,373

12

RI Historical Preservation and Heritage Commission

13

General Revenues 1,121,134

14

     Provided that $30,000 support the operational costs of the Fort Adam Trust’s restoration

15

activities.

16

Federal Funds 860,963

17

Restricted Receipts 427,700

18

Other Funds

19

RIDOT Project Review 80,970

20

Grand Total – RI Historical Preservation and Heritage Comm. 2,490,767

21

Attorney General

22

Criminal

23

General Revenues 16,070,177

24

Federal Funds 16,988,288

25

Restricted Receipts 164,599

26

Total – Criminal 33,223,064

27

Civil

28

General Revenues 5,251,678

29

Restricted Receipts 631,559

30

Total – Civil 5,883,237

31

Bureau of Criminal Identification

32

General Revenues 1,670,102

33

General

34

General Revenues 3,202,794

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 22 of 36)

1

Other Funds

2

Rhode Island Capital Plan Funds

3

Building Renovations and Repairs 150,000

4

Total – General 3,352,794

5

Grand Total – Attorney General 44,129,197

6

Corrections

7

Central Management

8

General Revenues 9,994,732

9

Federal Funds 3,743

10

Total – Central Management 9,998,475

11

Parole Board

12

General Revenues 1,420,791

13

Federal Funds 120,827

14

Total – Parole Board 1,541,618

15

Custody and Security

16

General Revenues 137,893,460

17

Federal Funds 785,392

18

Total – Custody and Security 138,678,852

19

Institutional Support

20

General Revenues 15,183,107

21

Other Funds

22

Rhode Island Capital Plan Funds

23

Asset Protection 3,922,042

24

Maximum – General Renovations 1,300,000

25

Dix Building Renovations 1,075,000

26

New Gloria McDonald Buiding 150,000

27

ISC Exterior Envelope and HVAC 2,027,455

28

Medium Infrastructure 7,283,688

29

Total – Institutional Support 30,941,292

30

Institutional Based Rehab./Population Management

31

General Revenues 11,757,594

32

Federal Funds 584,942

33

Restricted Receipts 44,473

34

Total – Institutional Based Rehab/Population Mgt. 12,387,009

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 23 of 36)

1

Healthcare Services

2

General Revenues 23,509,518

3

Community Corrections

4

General Revenues 18,661,626

5

     Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender

6

discharge planning.

7

Federal Funds 86,980

8

Restricted Receipts 14,895

9

Total – Community Corrections 18,763,501

10

Grand Total – Corrections 235,820,265

11

Judiciary

12

Supreme Court

13

General Revenues

14

General Revenues 28,306,302

15

     Provided, however; that no more than $1,183,205 in combined total shall be offset to the

16

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

17

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

18

footage occupancy costs in public courthouses and further provided that $230,000 be allocated to

19

the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy

20

project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to

21

Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.

22

Defense of Indigents 3,803,166

23

Federal Funds 121,481

24

Restricted Receipts 3,980,969

25

Other Funds

26

Rhode Island Capital Plan Funds

27

Judicial Complexes - HVAC 900,000

28

Judicial Complexes Asset Protection 950,000

29

Licht Judicial Complex Restoration 750,000

30

Licht Window/Exterior Restoration 500,000

31

Noel Shelled Courtroom Build Out 4,000,000

32

Total - Supreme Court 43,311,918

33

Judicial Tenure and Discipline

34

General Revenues 146,008

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 24 of 36)

1

Superior Court

2

General Revenues 23,146,531

3

Federal Funds 91,739

4

Restricted Receipts 370,781

5

Total – Superior Court 23,609,051

6

Family Court

7

General Revenues 20,462,348

8

Federal Funds 2,908,095

9

Total – Family Court 23,370,443

10

District Court

11

General Revenues 12,681,702

12

Federal Funds 289,829

13

Restricted Receipts 60,000

14

Total - District Court 13,031,531

15

Traffic Tribunal

16

General Revenues 9,468,420

17

Workers' Compensation Court

18

Restricted Receipts 8,118,883

19

Grand Total – Judiciary 121,056,254

20

Military Staff

21

General Revenues 2,634,057

22

Federal Funds 27,746,960

23

Restricted Receipts

24

RI Military Family Relief Fund 100,000

25

Other Funds

26

Rhode Island Capital Plan Funds

27

Armory of Mounted Command Roof Replacement 949,775

28

Asset Protection 700,000

29

Burrillville Regional Training Institute 22,150

30

Bristol Readiness Center 125,000

31

Joint Force Headquarters Building 5,900,000

32

Grand Total – Military Staff 38,177,942

33

Public Safety

34

Central Management

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 25 of 36)

1

General Revenues 1,793,934

2

Federal Funds 10,918,463

3

Total – Central Management 12,712,397

4

E-911 Emergency Telephone System

5

General Revenues 5,894,522

6

State Fire Marshal

7

General Revenues 3,669,361

8

Federal Funds 277,167

9

Restricted Receipts 212,166

10

Other Funds

11

Quonset Development Corporation 72,442

12

Total – State Fire Marshal 4,231,136

13

Security Services

14

General Revenues 23,937,443

15

Municipal Police Training Academy

16

General Revenues 269,414

17

Federal Funds 239,365

18

Total – Municipal Police Training Academy 508,779

19

State Police

20

General Revenues 65,492,857

21

Federal Funds 3,444,674

22

Restricted Receipts 203,758

23

Other Funds

24

Lottery Commission Assistance 1,495,293

25

Airport Corporation Assistance 150,000

26

Road Construction Reimbursement 2,934,672

27

Weight and Measurement Reimbursement 400,000

28

Rhode Island Capital Plan Funds

29

DPS Asset Protection 250,000

30

Training Academy Upgrades 100,000

31

Total – State Police 74,471,254

32

Grand Total – Public Safety 121,755,531

33

Office of Public Defender

34

General Revenues 12,043,006

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 26 of 36)

1

Federal Funds 97,820

2

Grand Total – Office of Public Defender 12,140,826

3

Emergency Management Agency

4

General Revenues 1,734,470

5

Federal Funds 14,775,673

6

Restricted Receipts 450,095

7

Other

8

Rhode Island Capital Plan Funds

9

RI Statewide Communications Network 1,494,414

10

Grand Total – Emergency Management Agency 18,454,652

11

Environmental Management

12

Office of the Director

13

General Revenues 5,541,873

14

     Of this general revenue amount, $50,000 is appropriated to the Conservation Districts.

15

Restricted Receipts 4,054,487

16

Total – Office of the Director 9,596,360

17

Natural Resources

18

General Revenues 20,988,161

19

Federal Funds 23,024,285

20

Restricted Receipts 4,120,511

21

Other Funds

22

DOT Recreational Projects 1,178,375

23

Blackstone Bikepath Design 2,059,579

24

Transportation MOU 78,350

25

Rhode Island Capital Plan Funds

26

Dams Rehabilitation 2,245,805

27

Fort Adams Rehabilitation 300,000

28

Fort Adams Sailing Improvements/Mid-Park 1,750,000

29

Recreational Facilities Improvements 2,450,000

30

Galilee Piers Upgrade 1,250,000

31

Newport Piers Upgrade 137,500

32

Fish & Wildlife Maintenance Facilities 150,000

33

Greenway Blackstone Valley Park Improvements 359,170

34

Natural Resources Offices/Visitor’s Center 1,000,000

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 27 of 36)

1

Rocky Point Acquisition/Renovations 150,000

2

Marine Infrastructure and Pier Development 500,000

3

State Recreation Building Demolition 100,000

4

Total – Natural Resources 61,841,736

5

Environmental Protection

6

General Revenues 12,674,150

7

Federal Funds 10,375,027

8

Restricted Receipts 9,321,063

9

Other Funds

10

Transportation MOU 164,734

11

Total – Environmental Protection 32,534,974

12

Grand Total – Environmental Management 103,973,070

13

Coastal Resources Management Council

14

General Revenues 2,487,578

15

Federal Funds 1,649,291

16

Restricted Receipts 250,000

17

Other Funds

18

Rhode Island Capital Plan Funds

19

Rhode Island Coastal Storm Risk Study 150,000

20

Narragansett Bay SAMP 250,000

21

Green Pond Dredging Study 50,000

22

Grand Total – Coastal Resources Mgmt. Council 4,836,869

23

Transportation

24

Central Management

25

Federal Funds 6,756,379

26

Other Funds

27

Gasoline Tax 4,799,653

28

Total – Central Management 11,556,032

29

Management and Budget

30

Other Funds

31

Gasoline Tax 2,942,455

32

Infrastructure Engineering

33

Federal Funds

34

Federal Funds 274,247,090

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 28 of 36)

1

Federal Funds – Stimulus 4,386,593

2

Restricted Receipts 3,168,128

3

Other Funds

4

Gasoline Tax 76,170,795

5

Land Sale Revenue 2,673,125

6

Rhode Island Capital Plan Funds

7

RIPTA Land and Buildings 90,000

8

T.F. Green Airport Improvements 2,000,000

9

RIPTA Pawtucket Bus Hub 313,018

10

RIPTA Providence Transit Connector 470,588

11

Highway Improvement Program 35,851,346

12

Total - Infrastructure Engineering 399,370,683

13

Infrastructure Maintenance

14

Other Funds

15

Gasoline Tax 20,612,520

16

Non-Land Surplus Property 50,000

17

Outdoor Advertising 100,000

18

Rhode Island Highway Maintenance Account 74,433,382

19

Rhode Island Capital Plan Funds

20

Maintenance Facilities Improvements 400,000

21

Salt Storage Facilities 1,750,000

22

Maintenance - Equipment Replacement 2,500,000

23

Train Station Maintenance and Repairs 350,000

24

Total – Infrastructure Maintenance 100,195,902

25

Grand Total – Transportation 514,065,072

26

Statewide Totals

27

General Revenues 3,755,219,338

28

Federal Funds 3,101,075,935

29

Restricted Receipts 261,847,783

30

Other Funds 2,079,248,575

31

Statewide Grand Total 9,197,391,631

32

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

33

appropriation.

34

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

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 29 of 36)

1

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

2

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

3

thereby.

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in

16

a businesslike manner, promote efficient use of services by making agencies pay the full costs

17

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

18

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

19

general government support. The controller is authorized to reimburse these accounts for the cost

20

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

21

expenditure limitations:

22

Account Expenditure Limit

23

State Assessed Fringe Benefit Internal Service Fund 41,229,448

24

Administration Central Utilities Internal Service Fund 24,910,320

25

State Central Mail Internal Service Fund 6,838,505

26

State Telecommunications Internal Service Fund 3,244,413

27

State Automotive Fleet Internal Service Fund 12,510,602

28

Surplus Property Internal Service Fund 3,000

29

Health Insurance Internal Service Fund 251,804,700

30

State Fleet Revolving Loan Fund 273,786

31

Other Post-Employment Benefits Fund 63,852,483

32

Capitol Police Internal Service Fund 1,306,128

33

Corrections Central Distribution Center Internal Service Fund 6,784,478

34

Correctional Industries Internal Service Fund 7,581,704

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 30 of 36)

1

Secretary of State Record Center Internal Service Fund 807,345

2

     SECTION 6. Legislative Intent - The General Assembly may provide a written "statement

3

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

4

chairperson of the Senate Finance Committee to show the intended purpose of the appropriations

5

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

6

House Finance Committee and in the Senate Finance Committee.

7

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

8

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

9

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

10

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

11

released or granted.

12

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

13

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

14

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

15

and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2018.

16

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

17

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

18

for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2018.

19

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

20

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

21

paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2018.

22

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

23

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

24

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

25

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

26

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

27

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

28

that the Governor or designee, Speaker of the House of Representatives or designee, and the

29

President of the Senate or designee may authorize an adjustment to any limitation. Prior to the

30

authorization, the State Budget Officer shall make a detailed written recommendation to the

31

Governor, the Speaker of the House, and the President of the Senate. A copy of the

32

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

33

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

34

Advisor.

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 31 of 36)

1

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

2

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

3

general revenue funding source.

4

FY 2018 FTE POSITION AUTHORIZATION

5

Departments and Agencies Full-Time Equivalent

6

Administration 695.7

7

Business Regulation 100.0

8

Executive Office of Commerce 17.0

9

Labor and Training 428.7

10

Revenue 533.5

11

Legislature 298.5

12

Office of the Lieutenant Governor 8.0

13

Office of the Secretary of State 59.0

14

Office of the General Treasurer 89.0

15

Board of Elections 12.0

16

Rhode Island Ethics Commission 12.0

17

Office of the Governor 45.0

18

Commission for Human Rights 14.5

19

Public Utilities Commission 51.0

20

Office of Health and Human Services 269.0

21

Children, Youth, and Families 616.5

22

Health 493.6

23

Human Services 838.1

24

Behavioral Healthcare, Developmental Disabilities, and Hospitals 1,319.4

25

Office of the Child Advocate 8.0

26

Commission on the Deaf and Hard of Hearing 4.0

27

Governor’s Commission on Disabilities 4.0

28

Office of the Mental Health Advocate 4.0

29

Elementary and Secondary Education 139.1

30

School for the Deaf 60.0

31

Davies Career and Technical School 126.0

32

Office of Postsecondary Commissioner 37.0

33

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

34

supported by third-party funds.

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 32 of 36)

1

University of Rhode Island 2,489.5

2

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

3

supported by third-party funds.

4

Rhode Island College 926.2

5

     Provided that 76.0 of the total authorization would be available only for positions that are

6

supported by third-party funds.

7

Community College of Rhode Island 854.1

8

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

9

supported by third-party funds.

10

Rhode Island State Council on the Arts 8.6

11

RI Atomic Energy Commission 8.6

12

Historical Preservation and Heritage Commission 15.6

13

Office of the Attorney General 235.1

14

Corrections 1,423.0

15

Judicial 723.3

16

Military Staff 92.0

17

Public Safety 610.6

18

Office of the Public Defender 93.0

19

Emergency Management Agency 32.0

20

Environmental Management 401.0

21

Coastal Resources Management Council 29.0

22

Transportation 775.0

23

Total 14,999.2

24

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

25

Island Capital Plan funds for fiscal year 2018 and supersede appropriations provided for FY 2018

26

within Section 11 of Article 1 of Chapter 142 of the P.L. of 2016.

27

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

28

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

29

June 30, 2019, June 30, 2020, June 30, 2021 and June 30, 2022. These amounts supersede

30

appropriations provided within Section 11 of Article 1 of Chapter 142 of the P.L. of 2016. For the

31

purposes and functions hereinafter mentioned, the State Controller is hereby authorized and

32

directed to draw his or her orders upon the General Treasurer for the payment of such sums and

33

such portions thereof as may be required by him or her upon receipt of properly authenticated

34

vouchers.

35

Fiscal Year Fiscal Year Fiscal Year Fiscal Year

36

Ending Ending Ending Ending

37

Project June 30, 2019 June 30, 2020 June 30, 2021 June 30, 2022

38

DOA – Cannon Building 600,000 350,000 3,500,000 3,500,000

39

DOA – Accessibility Facility Ren. 1,000,000 1,000,000 1,000,000 1,000,000

40

DOA – Pastore Center Rehab 4,000,000 4,000,000 4,000,000 5,000,000

41

DOA – Shepard Building 500,000 2,000,000 2,000,000 0

42

DOA – State House Energy Management

43

Improv. 3,000,000 0 0 0

44

DOA – State Office Building 350,000 1,000,000 2,930,000 0

45

DOA – Washington County Govern. Ctr. 1,250,000 1,250,000 750,000 500,000

46

DOA – William Powers Administration 2,000,000 3,000,000 4,000,000 1,000,000

47

DOA – Zambarano Utilities and Infrs. 2,240,000 2,100,000 1,500,000 1,000,000

48

BHDDH – Hospital Reorganization 1,920,000 500,000 0 0

49

DOC – Asset Protection 3,750,000 3,750,000 3,750,000 3,750,000

50

EOC – Quonset Piers 2,000,000 5,000,000 5,000,000 0

51

DLT – Center General Asset Protection 1,000,000 1,650,000 880,000 500,000

52

El SEC – Davies School Asset Protection 150,000 150,000 150,000

53

150,000

54

EL SEC – Davies HVAC 1,974,000 0 0 0

55

EL SEC – Met School Asset Protection 250,000 250,000 250,000 250,000

56

Judicial – Asset Protection 950,000 1,000,000 1,000,000 1,000,000

57

Mil Staff – Joint Force Headquarters

58

Building 4,706,152 0 0 0

59

Higher Ed – Asset Protection-CCRI 2,368,035 2,439,076 2,487,857 2,537,615

60

Higher Ed – Knight Campus Renewal 4,000,000 3,000,000 0 0

61

Higher Ed – Asset Protection-RIC 3,562,184 3,669,050 4,150,000 4,233,000

62

Higher Ed – Asset Protection-URI 8,200,000 8,364,000 8,531,280 8,700,000

63

Higher Ed-RIC Infrs.Modernization 4,500,000 3,600,000 3,500,000 3,500,000

64

Higher Ed – Academic Building Phase I -

65

Craig Lee, Gaige, Adams Library 6,000,000 0 0 0

66

Higher Ed – Knight Campus Biology and

67

Chemistry Lab Renovation 375,000 0 0 0

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 34 of 36)

1

DPS – Asset Protection 250,000 250,000 250,000 250,000

2

DEM – Dam Repairs 1,500,000 1,250,000 1,000,000 1,000,000

3

DEM – Galilee Piers 1,250,000 400,000 400,000 400,000

4

DEM – Recreational Facility Improv. 1,600,000 1,850,000 2,100,000 2,000,000

5

DOT – Highway Improvements 32,451,346 32,451,346 32,451,346 32,451,346

6

DOT – Maintenance – Capital Equip. 2,500,000 2,500,000 2,500,000 2,500,000

7

RIPTA– Pawtucket Bus Hub Transit

8

Corridor 946,168 0 0 0

9

RIPTA – Providence Transit

10

Connector 1,561,279 0 0

11

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

12

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

13

appropriations may be reappropriated in the ensuing fiscal year and made available for the same

14

purpose. However, any such reappropriations are subject to final approval by the General Assembly

15

as part of the supplemental appropriations act. Any unexpended funds of less than five hundred

16

dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.

17

     SECTION 13. For the Fiscal Year ending June 30, 2018, the Rhode Island Housing and

18

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

19

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

20

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

21

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

22

Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance

23

Committee and the State Budget Officer.

24

     SECTION 14. Appropriation of CollegeBound Saver Funds – There is hereby appropriated

25

to the Office of the General Treasurer designated funds received under the CollegeBound Saver

26

program for transfer to the Division of Higher Education Assistance within the Office of the

27

Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30,

28

2017. 

29

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

30

Island General Laws, the Rhode Island Infrastructure Bank shall transfer to the State Controller the

31

sum of three million five hundred thousand dollars ($3,500,000) by June 30, 2018.

32

     SECTION 15. Notwithstanding any provisions of Chapter 38 in Title 45 of the Rhode

33

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

34

to the State Controller the sum of six million dollars ($6,000,000) by June 30, 2018.

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 35 of 36)

1

     SECTION 16. Notwithstanding any provisions of Chapter 2 in Title 39 of the Rhode Island

2

General Laws, the Electric and Gas Distribution Company shall transfer to the State Controller the

3

sum of twelve million and five hundred thousand dollars ($12,500,000) by June 30, 2018 from the

4

Public Utilities Commission approved 2018 System Reliability and Energy Efficiency and

5

Conservation Procurement Programmatic Budget Plan.

6

     SECTION 17. Quonset Development Corporation. Notwithstanding any provision of

7

Chapter 64.1 in Title 42 of the Rhode Island General Laws, the Quonset Development Corporation

8

shall transfer to the State Controller the sum of one million dollars ($1,000,000) by June 30, 2018.

9

     SECTION 18. Rhode Island Housing. Notwithstanding any provision of Chapter 55 in

10

Title 42 of the Rhode Island General Laws, the Rhode Island Housing shall transfer to the State

11

Controller the sum of one million dollars ($1,000,000) by June 30, 2018.

12

SECTION 19. Narraganset Bay Commission. Notwithstanding any provision of Chapter 25 in Title

13

46 of the Rhode Island General Laws, the Narragansett Bay Commission shall transfer to the State

14

Controller the sum of five million dollars ($5,000,000) by June 30, 2018.SECTION 20. Effective

15

for the fiscal year ending June 30, 2018 and each fiscal year thereafter, the Public Utilities

16

Commission shall transfer to the State Controller for deposit as a general revenue receipt the sum

17

of three hundred thirty-three thousand four hundred twenty dollars ($333,420) for rent on the

18

building located at 89 Jefferson Boulevard in Warwick, Rhode Island.

19

     SECTION 21. This article shall take effect as of July 1, 2017.

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018
(Page 36 of 36)

 

=======

art.002/5/002/4/002/3/002/2/002/1

=======

1

     ARTICLE 2

2

RELATING TO ECONOMIC DEVELOPMENT AND TAX CREDITS

3

     SECTION 1. Sections 42-64.28-2, 42-64.28-3, 42-64.28-4, and 42-64.28-5 of the General

4

Laws in Chapter 42-64.28 entitled "Innovation Initiative" are hereby amended to read as follows:

5

     42-64.28-2 Definitions. 

6

     As used in this chapter:

7

     (1) "Commerce corporation" means the Rhode Island commerce corporation established

8

pursuant to 42-64-1 et seq.

9

     (2) "Small business" means a business that is resident in Rhode Island, has its business

10

facility located within the state, and employs five hundred (500) or fewer persons.

11

     (3) "Manufacturer" shall mean any entity that:

12

     (i) Uses any premises within the state primarily for the purpose of transforming raw

13

materials into a finished product for trade through any or all of the following operations: adapting,

14

altering, finishing, making, processing, refining, metalworking, and ornamenting, but shall not

15

include fabricating processes incidental to warehousing or distribution of raw materials, such as

16

alteration of stock for the convenience of a customer; or

17

     (ii) Is described in codes 31-33 of the North American Industry Classification system, as

18

revised from time to time.

19

     (4) "Small business manufacturer" shall mean a business that meets the definitions of terms

20

small business and manufacturer as defined herein.

21

     (3) (5) "Match" shall mean a funding match, or in kind services provided by a third party.

22

     (4) (6) "Targeted industry" means any advanced, promising or otherwise prioritized

23

industry identified in the economic development vision and policy promulgated pursuant to 42-

24

64.17-1 or, until such time as any such economic development vision and policy is promulgated,

25

as identified by the commerce corporation. 

26

     42-64.28-3 Programs Established.

27

     (a) The Rhode Island commerce corporation shall establish a voucher program and an

28

innovation network program as provided under this chapter. The programs are subject to available

29

appropriations and such other funding as may be dedicated to the programs.

30

     (b) There is established an account in the name of the "innovation initiative fund" (the

 

1

"fund") under the control of the commerce corporation to fund the programs.

2

     (1) The fund shall consist of:

3

     (i) Money appropriated in the state budget to the fund;

4

     (ii) Money made available to the fund through federal grants, programs or private

5

contributions;

6

     (iii) Application or other fees paid to the fund to process applications for awards under this

7

chapter; and

8

     (iv) Any other money made available to the fund.

9

     (c) Voucher program. The commerce corporation is authorized, to develop and implement

10

an innovation voucher program to provide financing to small businesses to purchase research and

11

development support or other forms of technical assistance and services from Rhode Island

12

institutions of higher education and other providers and to fund research and development by and

13

for small business manufacturers.

14

     (d) Innovation network program. The commerce corporation is authorized to provide

15

innovation grants to organizations, including non-profit organizations, for-profit organizations,

16

universities, and co-working space operators that offer technical assistance, space on flexible terms,

17

and access to capital to businesses in advanced or targeted industries. The commerce corporation

18

shall only issue grants under this subsection when those grants are matched by private sector or

19

non-profit partners. The commerce corporation shall establish guidelines for appropriate matching

20

criteria under this section, including necessary matching ratios. 

21

     42-64.28-4 Eligible uses.

22

     (a) Vouchers available under this chapter shall be used for the benefit of small businesses

23

to access technical assistance and other services including, but not limited to, research,

24

technological development, product development, commercialization, market development,

25

technology exploration, and improved business practices that implement strategies to grow

26

business and create operational efficiencies.

27

     (b) Vouchers available under this chapter shall be used to provide funding to finance

28

internal research and development by and for small business manufacturers, including, but not

29

limited to, research, technological development, product development, commercialization, market

30

development, technology exploration, and improved business practices that implement strategies

31

to grow business and create operational efficiencies. Subject to appropriation, the commerce

32

corporation shall reserve an amount not to exceed fifty percent (50%) of the voucher program's

33

annual appropriation to be made available in fiscal year 2018 for vouchers awarded to small

34

business manufacturers under this subsection.

 

Art2
RELATING TO ECONOMIC DEVELOPMENT AND TAX CREDITS
(Page 2 of 3)

1

     (b) (c) Matching fund awards shall be used for the benefit of small businesses in industries

2

designated from time-to-time by the corporation, including without limitation, life science and

3

healthcare; food and agriculture; clean technology and energy efficiency; and cyber security to pay

4

for and access technological assistance, to procure space on flexible terms, and to access capital

5

from organizations, including non-profit organizations, for-profit organizations, universities, and

6

co-working space businesses. 

7

     42-64.28-5 Qualification. 

8

     (a)To qualify for a voucher or for a matching fund award under this chapter, a business

9

must make application to the commerce corporation, and upon selection, shall enter into an

10

agreement with the commerce corporation. The commerce corporation shall have no obligation to

11

issue any voucher, make any award or grant any benefits under this chapter. 

12

     (b) In a given tax year, a business shall not receive a voucher or matching fund award

13

provided for under this chapter in conjunction with the tax credit provided for in §44-32-3 of the

14

general laws.

15

     SECTION 2. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled "Historic

16

Preservation Tax Credits 2013" is hereby amended to read as follows:

17

     44-33.6-11. Sunset.

18

     No credits shall be authorized to be reserved pursuant to this chapter on or after June 30,

19

2017 2019, or upon the exhaustion of the maximum aggregate credits, whichever comes first.

20

     SECTION 3. Section 1 of this article shall take on July 1, 2017. Section 2 shall take effect

21

upon passage.

 

Art2
RELATING TO ECONOMIC DEVELOPMENT AND TAX CREDITS
(Page 3 of 3)

 

=======

art.003/4

=======

1

     ARTICLE 3

2

RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP

3

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

4

adding thereto the following chapter:

5

CHAPTER 107

6

RHODE ISLAND PROMISE SCHOLARSHIP

7

     16-107-1. Short title.

8

     This chapter shall be known and may be cited as the "Rhode Island Promise Scholarship

9

Act."

10

     16-107-2. Legislative findings and purpose.

11

     (a) The general assembly finds and declares that:

12

     (1) Education is critical for the state's young people to achieve their dreams and develop

13

their talents;

14

     (2) The state's economic success depends on a highly educated and skilled workforce; and

15

     (3) The state's future prosperity depends upon its ability to make educational opportunities

16

beyond high school available for all students as part of a free public education.

17

     (b) In order to address the findings set forth in subsection (a), the purpose of this chapter

18

is to increase the number of students enrolling in and completing degrees on-time from the

19

Community College of Rhode Island.

20

     16-107-3. Establishment of scholarship program.

21

     Beginning with the high school graduating class of 2017, it is hereby established the Rhode

22

Island Promise scholarship program that will end with the high school graduating class of 2020.

23

The general assembly shall annually appropriate the funds necessary to implement the purposes of

24

this chapter. Additional funds beyond the scholarships may be appropriated to support and advance

25

the Rhode Island Promise scholarship program. In addition to appropriation by the general

26

assembly, charitable donations may be accepted into the scholarship program.

27

     16-107-4. Definitions.

28

     When used in this chapter, the following terms shall have the following meanings:

29

     (1) "FAFSA" means the Free Application for Federal Student Aid form;

30

     (2) "Mandatory fees and tuition" are the costs that every student is required to pay in order

 

1

to enroll in classes, and does not include room and board, textbooks, program fees that may exist

2

in some majors, course fees that may exist for some specific courses, meal plans or travel;

3

     (3) "On track to graduate on time" means the standards determined by the Community

4

College of Rhode Island in establishing the expectation of a student to graduate with an associate's

5

degree within two (2) years of enrollment (recognizing that some students, including students who

6

require developmental education, are double majors, or are enrolled in certain professional

7

programs may require an extended time period for degree completion);

8

     (4) "Scholarship program" means the Rhode Island Promise scholarship program that is

9

established pursuant to §16-107-3;

10

     (5) "Recipient-student" means a student attending the Community College of Rhode Island

11

who qualifies to receive the Rhode Island promise scholarship pursuant to §16-107-6; and

12

     (6) "State" means the State of Rhode Island and Providence Plantations.

13

     16-107-5. Administration of scholarship program.

14

     (a) The financial aid office in conjunction with the office of enrollment management, or

15

their respective equivalent offices, at the Community College of Rhode Island, shall administer the

16

scholarship program for state residents seeking associate degrees who meet the eligibility

17

requirements in this chapter.

18

     (b) An award of the scholarship program shall cover the cost of two (2) years of tuition and

19

mandatory fees less federal and all other financial aid monies available to the recipient-student.

20

     (c) The scholarship program is limited to one award per student as required by §16-107-

21

6(a)(7).

22

     16-107-6. Eligibility for scholarship.

23

     (a) Beginning with the students who enroll at the Community College of Rhode Island in

24

fall of 2017 and ending with students who enroll at the Community College of Rhode Island in the

25

fall of 2020, to be considered for the scholarship, a student:

26

     (1) Must qualify for in-state tuition and fees pursuant to the Residency Policy adopted by

27

the Council on Postsecondary Education, as amended, supplemented, restated or otherwise

28

modified from time to time ("residency policy"); provided, that, the student must have satisfied the

29

high school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age;

30

provided, further, that in addition to the option of meeting the requirement by receiving a high

31

school equivalency diploma as described in the residency policy, the student can satisfy the

32

condition by receiving other certificates or documents of equivalent nature from the state or its

33

municipalities as recognized by applicable regulations promulgated by the Council on Elementary

34

and Secondary Education;

 

Art3
RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP
(Page 2 of 6)

1

     (2) Must be admitted to, and must enroll and attend the institution on a full-time basis by

2

the semester immediately following high school graduation or the semester immediately following

3

receipt of a high school equivalency diploma; or

4

     (3) Must complete the FAFSA and any required FAFSA verification by the deadline

5

prescribed by the Community College of Rhode Island for each year in which the student seeks to

6

receive funding under the scholarship program;

7

     (4) Must continue to be enrolled on a full-time basis;

8

     (5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or

9

greater, as determined by the Community College of Rhode Island;

10

     (6) Must remain on track to graduate on time as determined by the Community College of

11

Rhode Island;

12

     (7) Must not have already received an award under this scholarship program; and

13

     (8) Must commit to live, work, or continue their education in Rhode Island after graduation.

14

The Community College of Rhode Island shall develop a policy that will secure this commitment

15

from recipient-students.

16

     (b) Notwithstanding the eligibility requirements under §§16-107-6(a) ("specified

17

conditions"):

18

     (i) In the case of a recipient-student who has an approved medical or personal leave of

19

absence or is unable to satisfy one or more specified conditions because of the student's medical or

20

personal circumstances, the student may continue to receive an award under the scholarship

21

program upon resuming the student's education so long as the student continues to meet all other

22

applicable eligibility requirements; and

23

     (ii) In the case of a recipient-student who is a member of the national guard or a member

24

of a reserve unit of a branch of the United State military and is unable to satisfy one or more

25

specified conditions because the student is or will be in basic or special military training, or is or

26

will be participating in a deployment of the student's guard or reserve unit, the student may continue

27

to receive an award under the scholarship program upon completion of the student's basic or special

28

military training or deployment.

29

     16-107-7. Reporting and disbursement.

30

     (a) On or before November 10 and May 10 of each fiscal year following fiscal year 2017,

31

the Community College of Rhode Island shall submit a report to the Director of the Office of

32

Management and Budget, the State Budget Officer, the House Fiscal Advisor, the Senate Fiscal

33

Advisor, the Commissioner of Postsecondary Education, and the chair of the Council on

34

Postsecondary Education detailing the number of students eligible to participate in the scholarship

 

Art3
RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP
(Page 3 of 6)

1

program, the amount of federal and Institutional financial aid anticipated to be received by

2

recipient-students, the aggregate tuition and mandatory fee costs attributable to recipient-students,

3

and the resulting total cost of the scholarship program to the state. The report shall contain such

4

data for both the current fiscal year and the most up-to-date forecast for the following fiscal year.

5

Data reported shall be subdivided by student year cohort and shall be accompanied by a written

6

explanation detailing the estimating methodology utilized and any impact(s) the forecasted data

7

may present to institutional capacity, operational costs, and the tuition/fee revenue base of the

8

institution.

9

     (b) On or before July 1, 2020, the Community College of Rhode Island and the

10

Commissioner of Postsecondary Education shall submit a report evaluating the program based on

11

the first two cohorts to the governor, speaker of the house, and the president of the senate. This

12

evaluation shall include the following:

13

     (1) The number of students who started in each cohort;

14

     (2) The number of students in each cohort who have attained a degree or certification in an

15

on-time manner;

16

     (3) The number of students in each cohort who have not attained a degree or certification

17

in an on-time manner; and an analysis of why that has happened;

18

     (4) The number of students in each cohort who began the program but have been unable to

19

continue or complete the program, and an analysis of why that has happened;

20

     (5) The costs of the program and the costs of continuing the program;

21

     (6) Suggestions for ways to increase the success of the program;

22

     (7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing

23

the program; and

24

     (8) Any such other recommendations or information as the Community College of Rhode

25

Island and the Commissioner of Postsecondary Education deem appropriate to include in the

26

evaluation.

27

     (c) The Office of Management and Budget, in consultation with the Office of the

28

Postsecondary Commissioner, shall oversee the apportionment and disbursement of all funds

29

appropriated for the purpose of the scholarship program.

30

     16-107-8. Rules and procedures.

31

     The Council on Postsecondary Education is hereby authorized to promulgate rules to

32

effectuate the purposes of this chapter and the Community College of Rhode Island shall establish

33

appeal procedures for the award, denial or revocation of funding under the scholarship program.

34

The rules shall be promulgated in accordance with §16-59-4.

 

Art3
RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP
(Page 4 of 6)

1

     SECTION 2. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Board of

2

Governors for Higher Education [See Title 16 Chapter 97 - The Rhode Island Board of Education

3

Act]" is hereby amended to read as follows:

4

     16-59-9. Educational budget and appropriations.

5

     (a) The general assembly shall annually appropriate any sums it deems necessary for

6

support and maintenance of higher education in the state and the state controller is authorized and

7

directed to draw his or her orders upon the general treasurer for the payment of the appropriations

8

or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him

9

or her of proper vouchers as the council on postsecondary education may by rule provide. The

10

council shall receive, review, and adjust the budget for the office of postsecondary commissioner

11

and present the budget as part of the budget for higher education under the requirements of § 35-3-

12

4.

13

     (b) The office of postsecondary commissioner and the institutions of public higher

14

education shall establish working capital accounts.

15

     (c) Any tuition or fee increase schedules in effect for the institutions of public higher

16

education shall be received by the council on postsecondary education for allocation for the fiscal

17

year for which state appropriations are made to the council by the general assembly; provided that

18

no further increases may be made by the board of education or the council on postsecondary

19

education for the year for which appropriations are made. Except that these provisions shall not

20

apply to the revenues of housing, dining, and other auxiliary facilities at the University of Rhode

21

Island, Rhode Island College, and the Community Colleges including student fees as described in

22

P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257

23

as amended.

24

     (d) All housing, dining, and other auxiliary facilities at all public institutions of higher

25

learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay

26

operating expenses, including principal and interest on debt services, and overhead expenses for

27

the facilities, with the exception of the mandatory fees covered by the Rhode Island Promise

28

Scholarship Program as established by §16-107-3. Any debt-service costs on general obligation

29

bonds presented to the voters in November 2000 and November 2004 or appropriated funds from

30

the Rhode Island capital plan for the housing auxiliaries at the University of Rhode Island and

31

Rhode Island College shall not be subject to this self-supporting requirement in order to provide

32

funds for the building construction and rehabilitation program. The institutions of public higher

33

education will establish policies and procedures that enhance the opportunity for auxiliary facilities

34

to be self-supporting, including that all faculty provide timely and accurate copies of booklist for

 

Art3
RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP
(Page 5 of 6)

1

required textbooks to the public higher educational institution's bookstore.

2

     (e) The additional costs to achieve self-supporting status shall be by the implementation of

3

a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,

4

operating expenses, principal, and interest on debt services, and overhead expenses.

5

     (f) The board of education is authorized to establish a restricted-receipt account for the

6

Westerly Higher Education and Industry Center (also known as the Westerly Job Skills Center or

7

Westerly Higher Education Learning Center) and to collect lease payments from occupying

8

companies, and fees from room and service rentals, to support the operation and maintenance of

9

the facility. All such revenues shall be deposited to the restricted-receipt account.

10

     SECTION 3. This article shall take effect upon passage.

 

Art3
RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP
(Page 6 of 6)

 

=======

art.004/7/004/6/004/5/004/4/004/3/004/2/004/1

=======

1

     ARTICLE 4

2

RELATING TO MOTOR VEHICLES

3

     SECTION 1. Chapter 31-2 of the General Laws entitled “Division of Motor Vehicles” is

4

hereby amended by adding thereto the following section:

5

     31-2-27. Technology surcharge fee.

6

     (a) The division of motor vehicles shall collect a technology surcharge fee of one dollar

7

and fifty cents ($1.50) per transaction for every division of motor vehicles fee transaction, except

8

as otherwise provided by law. All technology surcharge fees collected pursuant to this section shall

9

be deposited into the information technology investment fund established pursuant to §42-11-2.5

10

and shall be used for project-related payments and/or ongoing maintenance of and enhancements

11

to the division of motor vehicles’ computer system and to reimburse the information technology

12

investment fund for advances made to cover project-related payments.

13

     (b) Authorization to collect the technology surcharge fee provided for in subsection (a)

14

shall sunset and expire on June 30, 2022.

15

     SECTION 2. Section 31-3-33 of the General Laws in Chapter 31-3 entitled “Registration

16

of Vehicles” is hereby amended to read as follows:

17

     31-3-33. Renewal of registration.

18

     (a) Application for renewal of a vehicle registration shall be made by the owner on a proper

19

application form and by payment of the registration fee for the vehicle as provided by law.

20

     (b) The division of motor vehicles may receive applications for renewal of registration, and

21

may grant the renewal and issue new registration cards and plates at any time prior to expiration of

22

registration.

23

     (c) Upon renewal, owners will be issued a renewal sticker for each registration plate that

24

shall be placed at the bottom, right-hand corner of the plate. Owners shall be issued a new, fully

25

reflective plate beginning April 1, 2017 January 1, 2019, at the time of initial registration or at the

26

renewal of an existing registration and reissuance will be conducted no less than every ten (10)

27

years.

28

     SECTION 3. Section 31-6-1 of the General Laws in Chapter 31-6 entitled "Registration

29

Fees" is hereby amended to read as follows:

30

     31-6-1. Amount of registration and miscellaneous fees. [Effective July 1, 2017.]

 

1

     (a) The following registration fees shall be paid to the division of motor vehicles for the

2

registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for

3

each year of registration:

4

     (1) For the registration of every automobile, when equipped with pneumatic tires, the gross

5

weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30.00).

6

     (2) For the registration of every automobile, when equipped with pneumatic tires, the gross

7

weight of which is:

8

     (i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds

9

(5,000 lbs.): forty dollars ($40.00);

10

     (ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds

11

(6,000 lbs.): forty-eight dollars ($48.00);

12

     (iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds

13

(7,000 lbs.): fifty-six dollars ($56.00);

14

     (iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand

15

pounds (8,000 lbs.): sixty-four dollars ($64.00);

16

     (v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds

17

(9,000 lbs.): seventy dollars ($70.00);

18

     (vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds

19

(10,000 lbs.): seventy-eight dollars ($78.00);

20

     (vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand

21

pounds (12,000 lbs.): one hundred six dollars ($106);

22

     (viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand

23

pounds (14,000 lbs.): one hundred twenty-four dollars ($124);

24

     (ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand

25

pounds (16,000 lbs.): one hundred forty dollars ($140);

26

     (x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand

27

pounds (18,000 lbs.): one hundred fifty-eight dollars ($158);

28

     (xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand

29

pounds (20,000 lbs.): one hundred seventy-six dollars ($176);

30

     (xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two

31

thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194);

32

     (xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four

33

thousand pounds (24,000 lbs.): two hundred ten dollars ($210);

34

     (xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six

 

Art4
RELATING TO MOTOR VEHICLES
(Page 2 of 13)

1

thousand pounds (26,000 lbs.): two hundred thirty dollars ($230);

2

     (xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight

3

thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296);

4

     (xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty

5

thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316);

6

     (xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two

7

thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422);

8

     (xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four

9

thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448);

10

     (xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six

11

thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476);

12

     (xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight

13

thousand pounds (38,000 lbs.): five hundred and two dollars ($502);

14

     (xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty

15

thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528);

16

     (xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand

17

pounds (42,000 lbs.): five hundred and fifty-four dollars ($554);

18

     (xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six

19

thousand pounds (46,000 lbs.): six hundred and eight dollars ($608);

20

     (xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand

21

pounds (50,000 lbs.): six hundred and sixty dollars ($660);

22

     (xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand

23

pounds (54,000 lbs.): seven hundred and twelve dollars ($712);

24

     (xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight

25

thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768);

26

     (xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two

27

thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816);

28

     (xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six

29

thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876);

30

     (xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy

31

thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924);

32

     (xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four

33

thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972);

34

     (xxxi) Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two

 

Art4
RELATING TO MOTOR VEHICLES
(Page 3 of 13)

1

dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross

2

weight.

3

     (3) For the registration of every semi-trailer to be used with a truck-tractor, as defined in §

4

31-1-4(d), shall be as follows: an annual fee of twelve dollars ($12.00) for a one-year registration;

5

for multi-year registrations the fee of fifty dollars ($50.00) for a five-year (5) registration; and

6

eighty dollars ($80.00) for an eight-year (8) registration. However, when in use, the weight of the

7

resulting semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of

8

the original semi-trailer unit from which the gross weight of the tractor was determined. A

9

registration certificate and registration plate shall be issued for each semi-trailer so registered.

10

There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety

11

(90) days before the effective date of that year's registration, the pro rate amount, based on the

12

unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A

13

multi-year semi-trailer registration may be transferred to another semi-trailer subject to the

14

provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer registration fee

15

shall be retained by the division of motor vehicles to defray the costs of implementation of the

16

international registration plan (IRP) and fleet registration section.

17

     (4) For the registration of every automobile, when equipped with other than pneumatic

18

tires, there shall be added to the above gross weight fees a charge of ten cents (10¢) for each one

19

hundred pounds (100 lbs.) of gross weight.

20

     (5) For the registration of every public bus, the rates provided for motor vehicles for hire

21

plus two dollars ($2.00) for each passenger that bus is rated to carry, the rating to be determined by

22

the administrator of the division of motor vehicles.

23

     (6) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars

24

($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education

25

to assist in the payment of the cost of the motorcycle driver's education program as enumerated in

26

§ 31-10.1-1.1.

27

     (7) For the registration of every trailer, not including semi-trailers used with a truck-tractor

28

as defined in § 31-1-4(d), with a gross weight of three thousand pounds (3,000 lbs.) or less, five

29

dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall

30

be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.).

31

     (8) The annual registration fee for a motor vehicle, commonly described as a boxcar and/or

32

locomotive, and used only by La Societe Des 40 Hommes et 8 Chevaux for civic demonstration,

33

parades, convention purposes, or social welfare work, shall be two dollars ($2.00).

34

     (9) For the registration of every motor vehicle, trailer, or semi-trailer owned by any

 

Art4
RELATING TO MOTOR VEHICLES
(Page 4 of 13)

1

department or agency of any city or town or district, provided the name of the city or town or

2

district or state department or agency owning the same shall be plainly printed on two (2) sides of

3

the vehicle, two dollars ($2.00).

4

     (10) For the registration of motor vehicles used for racing, fifteen dollars ($15.00).

5

     (11) For every duplicate registration certificate, seventeen dollars ($17.00).

6

     (12) For every certified copy of a registration certificate or application, ten dollars ($10.00).

7

     (13) For every certificate assigning a special identification number or mark as provided in

8

§ 31-3-37, one dollar ($1.00).

9

     (14) For every replacement of number plates or additional pair of number plates, without

10

changing the number, thirty dollars ($30.00).

11

     (15) For the registration of every farm vehicle, used in farming as provided in § 31-3-31:

12

ten dollars ($10.00).

13

     (16) For the registration of antique motor vehicles, five dollars ($5.00).

14

     (17) For the registration of a suburban vehicle, when used as a pleasure vehicle and the

15

gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as charged

16

in subdivision (1) of this subsection shall be applicable and when used as a commercial vehicle and

17

the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as

18

provided in subdivision (2) of this subsection shall be applicable. The rates in subdivision (3) of

19

this subsection shall be applicable when the suburban vehicle has a gross weight of more than four

20

thousand pounds (4,000 lbs.), regardless of the use of the vehicle.

21

     (18) For the registration of every motor bus that is used exclusively under contract with a

22

political subdivision or school district of the state for the transportation of school children, twenty-

23

five dollars ($25); provided that the motor bus may also be used for the transportation of persons

24

to and from church and Sunday school services, and for the transportation of children to and from

25

educational or recreational projects sponsored by a city or town or by any association or

26

organization supported wholly or in part by public or private donations for charitable purposes,

27

without the payment of additional registration fee.

28

     (19) For the registration of every motorized bicycle, ten dollars ($10.00).

29

     (20) For the registration of every motorized tricycle, ten dollars ($10.00).

30

     (21) For the replacement of number plates with a number change, twenty dollars ($20.00).

31

     (22) For the initial issuance and each reissuance of fully reflective plates, as required by §§

32

31-3-10 and 31-3-32, an additional six dollars ($6.00).

33

     (23) For the issuance of a trip permit under the International Registration Plan, twenty-five

34

dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two-hour

 

Art4
RELATING TO MOTOR VEHICLES
(Page 5 of 13)

1

(72) trip permits for vehicles required to be registered in the International Registration Plan that

2

have not been apportioned with the state of Rhode Island.

3

     (24) For the issuance of a hunter's permit under the International Registration Plan, twenty-

4

five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue hunter's

5

permits for motor vehicles based in the state of Rhode Island and otherwise required to be registered

6

in the International Registration Plan. These permits are valid for thirty (30) days.

7

     (25) For the registration of a specially adapted motor vehicle necessary to transport a family

8

member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) assessed.

9

     (b) In the event that the registrant voluntarily cancels his or her registration within the

10

period of registration, the division of motor vehicles shall refund only that portion of the fee paid

11

that represents full-year segments of the registration fee paid.

12

     SECTION 4. Section 31-6-1.1 of the General Laws in Chapter 31-6 entitled "Registration

13

Fees" is hereby repealed.

14

     31-6-1.1. Truck registration fees. [Effective July 1, 2017.]

15

     (a) The following registration fees shall be paid to the division of motor vehicles for the

16

registration of motor trucks and tractors as defined in § 31-1-4 subject to registration for each year

17

of registration:

18

     (1) For the registration of every motor truck or tractor, when equipped with pneumatic tires,

19

the gross weight of which is not more than four thousand pounds (4,000 lbs.), thirty-four dollars

20

($34.00).

21

     (2) For the registration of every motor truck or tractor, when equipped with pneumatic tires,

22

the gross weight of which is:

23

     (i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds

24

(5,000 lbs.): forty dollars ($40.00);

25

     (ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds

26

(6,000 lbs.): forty-eight dollars ($48.00);

27

     (iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds

28

(7,000 lbs.): fifty-six dollars ($56.00);

29

     (iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand

30

pounds (8,000 lbs.): sixty-four dollars ($64.00);

31

     (v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds

32

(9,000 lbs.): seventy dollars ($70.00);

33

     (vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds

34

(10,000 lbs.): seventy-eight dollars ($78.00);

 

Art4
RELATING TO MOTOR VEHICLES
(Page 6 of 13)

1

     (vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand

2

pounds (12,000 lbs.): seventy-eight dollars ($78);

3

     (viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand

4

pounds (14,000 lbs.): ninety-two dollars ($92);

5

     (ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand

6

pounds (16,000 lbs.): ninety-two dollars ($92);

7

     (x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand

8

pounds (18,000 lbs.): one hundred four dollars ($104);

9

     (xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand

10

pounds (20,000 lbs.): one hundred nine dollars ($109);

11

     (xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two

12

thousand pounds (22,000 lbs.): one hundred twenty dollars ($120);

13

     (xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four

14

thousand pounds (24,000 lbs.): one hundred thirty dollars ($130);

15

     (xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six

16

thousand pounds (26,000 lbs.): one hundred forty three dollars ($143);

17

     (xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight

18

thousand pounds (28,000 lbs.): one hundred forty eight dollars ($148);

19

     (xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty

20

thousand pounds (30,000 lbs.): one hundred fifty eight dollars ($158);

21

     (xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two

22

thousand pounds (32,000 lbs.): two hundred and eleven dollars ($211);

23

     (xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four

24

thousand pounds (34,000 lbs.): two hundred and twenty-four dollars ($224);

25

     (xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six

26

thousand pounds (36,000 lbs.): two hundred and thirty-eight dollars ($238);

27

     (xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight

28

thousand pounds (38,000 lbs.): two hundred and fifty one dollars ($251);

29

     (xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty

30

thousand pounds (40,000 lbs.): two hundred and sixty-four dollars ($264);

31

     (xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand

32

pounds (42,000 lbs.): two hundred and seventy-seven dollars ($277);

33

     (xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six

34

thousand pounds (46,000 lbs.): three hundred and four dollars ($304);

 

Art4
RELATING TO MOTOR VEHICLES
(Page 7 of 13)

1

     (xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand

2

pounds (50,000 lbs.): three hundred and thirty dollars ($330);

3

     (xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand

4

pounds (54,000 lbs.): three hundred and fifty-six dollars ($356);

5

     (xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight

6

thousand pounds (58,000 lbs.): three hundred and eighty-four dollars ($384);

7

     (xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two

8

thousand pounds (62,000 lbs.): four hundred and eight dollars ($408);

9

     (xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six

10

thousand pounds (66,000 lbs.): four hundred and thirty-eight dollars ($438);

11

     (xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy

12

thousand pounds (70,000 lbs.): four hundred and sixty-two dollars ($462);

13

     (xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-two

14

thousand pounds (72,000 lbs.): four hundred and eighty-six dollars ($486);

15

     (xxxi) More than seventy-two thousand pounds (72,000 lbs.), but not more than seventy-

16

four thousand pounds (74,000 lbs.): four hundred ninety-eight dollars ($498);

17

     (xxxii) More than seventy-four thousand pounds (74,000 lbs.), but not more than seventy-

18

six thousand pounds (76,000 lbs.): five hundred ten dollars ($510);

19

     (xxxiii) More than seventy-six thousand pounds (76,000 lbs.), but not more than seventy-

20

eight thousand pounds (78,000 lbs.): five hundred twenty-two dollars ($522);

21

     (xxxiv) More than seventy-eight thousand pounds (78,000 lbs.), but not more than eighty

22

thousand pounds (80,000 lbs.): five hundred thirty-four dollars ($534);

23

     (xxxv) More than eighty thousand pounds (80,000 lbs.), but not more than eighty-two

24

thousand pounds (82,000 lbs.): five hundred forty-six dollars ($546);

25

     (xxxvi) More than eighty-two thousand pounds (82,000 lbs.), but not more than eighty-

26

four thousand pounds (84,000 lbs.): five hundred fifty-eight dollars ($558);

27

     (xxxvii) More than eighty-four thousand pounds (84,000 lbs.), but not more than eighty-

28

six thousand pounds (86,000 lbs.): five hundred seventy dollars ($570);

29

     (xxxviii) More than eighty-six thousand pounds (86,000 lbs.), but not more than eighty-

30

eight thousand pounds (88,000 lbs.): five hundred eighty-two dollars ($582);

31

     (xxxix) More than eighty-eight thousand pounds (88,000 lbs.), but not more than ninety

32

thousand pounds (90,000 lbs.): five hundred ninety-four dollars ($594);

33

     (xl) More than ninety thousand pounds (90,000 lbs.), but not more than ninety-two

34

thousand pounds (92,000 lbs.): six hundred six dollars ($606);

 

Art4
RELATING TO MOTOR VEHICLES
(Page 8 of 13)

1

     (xli) More than ninety-two thousand pounds (92,000 lbs.), but not more than ninety-four

2

thousand pounds (94,000 lbs.): six hundred eighteen dollars ($618);

3

     (xlii) More than ninety-four thousand pounds (94,000 lbs.), but not more than ninety-six

4

thousand pounds (96,000 lbs.): six hundred thirty dollars ($630);

5

     (xliii) More than ninety-six thousand pounds (96,000 lbs.), but not more than ninety-eight

6

thousand pounds (98,000 lbs.): six hundred forty-two dollars ($642);

7

     (xliv) More than ninety-eight thousand pounds (98,000 lbs.), but not more than one

8

hundred thousand pounds (100,000 lbs.): six hundred fifty-four dollars ($654);

9

     (xlv) More than one hundred thousand pounds (100,000 lbs.), but not more than one

10

hundred two thousand pounds (102,000 lbs.): six hundred sixty-six dollars ($666);

11

     (xlvi) More than one hundred two thousand pounds (102,000 lbs.), but not more than one

12

hundred four thousand pounds (104,000 lbs.): six hundred seventy-eight dollars ($678);

13

     (xlvii) Over one hundred four thousand pounds (104,000 lbs.): six hundred and ninety

14

dollars ($690), plus twelve dollars ($12) per two thousand pounds (2,000 lbs.) gross weight.

15

     (3) For the registration of every motor truck or tractor owned by any department or agency

16

of any city or town or district, provided the name of the city or town or district or state department

17

or agency owning the same shall be plainly printed on two (2) sides of the vehicle, two dollars

18

($2.00).

19

     (4) For the replacement of number plates with a number change, twenty dollars ($20.00).

20

     (5) For the initial issuance and each reissuance of fully reflective plates as required by §§

21

31-3-10 and 31-3-32, an additional six dollars ($6.00).

22

     (6) For the issuance of a trip permit under the International Registration Plan, twenty-five

23

dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two-hour

24

(72) trip permits for vehicles required to be registered in the International Registration Plan that

25

have not been apportioned with the state of Rhode Island.

26

     (7) For the registration of every motor truck or tractor, when equipped with other than

27

pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents ($.10) for

28

each one hundred pounds (100 lbs.) of gross weight.

29

     (8) For every duplicate registration certificate, seventeen dollars ($17.00).

30

     (9) For every certified copy of a registration certificate or application, ten dollars ($10.00).

31

     (10) For every certificate assigning a special identification number or mark as provided in

32

§ 31-3-37, one dollar ($1.00).

33

     (11) For every replacement of number plates or additional pair of number plates, without

34

changing the number, thirty dollars ($30.00).

 

Art4
RELATING TO MOTOR VEHICLES
(Page 9 of 13)

1

     (b) In the event that the registrant voluntarily cancels his or her registration within the

2

period of registration, the division of motor vehicles shall refund only that portion of the fee paid

3

which represents full-year segments of the registration fee paid.

4

     SECTION 5. Section 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled

5

"Transportation Investment and Debt Reduction Act of 2011" is hereby amended to read as follows:

6

     39-18.1-4. Rhode Island highway maintenance account created.

7

     (a) There is hereby created a special account in the intermodal surface transportation fund

8

as established in section 31-36-20 that is to be known as the Rhode Island highway maintenance

9

account. (b) The fund shall consist of all those moneys which the state may from time to time

10

direct to the fund, including, not necessarily limited to, moneys derived from the following sources:

11

(1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than those

12

with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid by

13

each vehicle or truck owner in order to register that owner's vehicle or truck and upon each

14

subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00)

15

each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013 through June 30, 2014,

16

twenty dollars ($20.00) from July 1, 2014 through June 30, 2015, and thirty dollars ($30.00) from

17

July 1, 2015 through June 30, 2016 and each year thereafter. (i) For owners of vehicles or trucks

18

with the following plate types, the surcharge shall be as set forth below and shall be paid in full in

19

order to register the vehicle or truck and upon each subsequent renewal:

20

     Plate Type Surcharge

21

Antique $5.00

22

Farm $10.00

23

Motorcycle $13.00

24

     (ii) For owners of trailers, the surcharge shall be one-half (1/2) of the biennial registration

25

amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.

26

(2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than those

27

with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks subject

28

to annual registration, to be paid annually by each vehicle or truck owner in order to register that

29

owner's vehicle, trailer or truck and upon each subsequent annual registration. This surcharge will

30

be phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars

31

($5.00) from July 1, 2013 through June 30, 2014, ten dollars ($10.00) from July 1, 2014 through

32

June 30, 2015, and fifteen dollars ($15.00) from July 1, 2015 through June 30, 2016 and each year

33

thereafter.

34

     (i) For registrations of the following plate types, the surcharge shall be as set forth below

 

Art4
RELATING TO MOTOR VEHICLES
(Page 10 of 13)

1

and shall be paid in full in order to register the plate, and upon each subsequent renewal:

2

     Plate Type Surcharge

3

Boat Dealer $6.25

4

Cycle Dealer $6.25

5

In-transit $5.00

6

Manufacturer $5.00

7

New Car Dealer $5.00

8

Used Car Dealer $5.00

9

Racer Tow $5.00

10

Transporter $5.00

11

Bailee $5.00

12

     (ii) For owners of trailers, the surcharge shall be one-half (1/2) of the annual registration

13

amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.

14

     (iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars

15

and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five

16

cents ($6.25) from July 1, 2013 through June 30, 2014 and twelve dollars and fifty cents ($12.50)

17

from July 1, 2014 through June 30, 2015 and each year thereafter.

18

     (3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor

19

vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge

20

will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars

21

($10.00) from July 1, 2013 through June 30, 2014, twenty dollars ($20.00) from July 1, 2014

22

through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015 through June 30, 2016 and

23

each year thereafter. In the event that a license is issued or renewed for a period of less than five

24

(5) years, the surcharge will be prorated according to the period of time the license will be valid.

25

     (c) All funds collected pursuant to this section shall be deposited in the Rhode Island

26

highway maintenance account and shall be used only for the purposes set forth in this chapter.

27

     (d) Unexpended balances and any earnings thereon shall not revert to the general fund but

28

shall remain in the Rhode Island highway maintenance account. There shall be no requirement that

29

monies received into the Rhode Island highway maintenance account during any given calendar

30

year or fiscal year be expended during the same calendar year or fiscal year.

31

     (e) The Rhode Island highway maintenance account shall be administered by the director,

32

who shall allocate and spend monies from the fund only in accordance with the purposes and

33

procedures set forth in this chapter.

34

     (4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31

 

Art4
RELATING TO MOTOR VEHICLES
(Page 11 of 13)

1

shall be deposited into the Rhode Island highway maintenance account, provided that for fiscal

2

years 2016, 2017 and 2018 these fees be transferred as follows:

3

     (i) From July 1, 2015 through June 30, 2016, twenty-five percent (25%) will be deposited;

4

     (ii) From July 1, 2016 through June 30, 2017, seventy-five percent (75%) fifty percent

5

(50%) will be deposited; and

6

     (iii) From July 1, 2017 and each year thereafter, one hundred percent (100%) eighty percent

7

(80%) will be deposited;

8

     (iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be

9

deposited;

10

     (5) All remaining funds from previous general obligation bond issues that have not

11

otherwise been allocated.

12

     SECTION 6. Section 39-18.1-5 of the General Laws in Chapter 39-18.1 entitled

13

"Transportation Investment and Debt Reduction Act of 2011" is hereby amended to read as follows:

14

     39-18.1-5. Allocation of funds.

15

     (a) The monies in the highway maintenance fund to be directed to the department of

16

transportation pursuant to subdivision (a)(1) of this section shall be allocated through the

17

transportation improvement program process to provide the state match for federal transportation

18

funds, in place of borrowing, as approved by the state planning council. The expenditure of moneys

19

in the highway maintenance fund shall only be authorized for projects that appear in the state's

20

transportation improvement program.

21

     (b) Provided however, that beginning with fiscal year 2015 and annually thereafter, the

22

department of transportation will allocate necessary funding to programs that are designed to

23

eliminate structural deficiencies of the state's bridge, road and maintenance systems and

24

infrastructure.

25

     (c) Provided further that beginning July 1, 2015, five percent (5%) of available proceeds

26

in the Rhode Island highway maintenance account shall be allocated annually to the Rhode Island

27

public transit authority for operating expenditures.

28

     (d) Provided further that from July 1, 2017 through June 30, 2019, in addition to the amount

29

above, the Rhode Island public transit authority shall receive an amount of not less than five million

30

dollars ($5,000,000) each fiscal year.

31

     (e) Provided further that the Rhode Island public transit authority shall convene a

32

coordinating council consisting of those state agencies responsible for meeting the needs of low-

33

income senior and persons with disabilities, along with those stakeholders that the authority deems

34

appropriate and are necessary to inform, develop, and implement the federally-required

 

Art4
RELATING TO MOTOR VEHICLES
(Page 12 of 13)

1

Coordinated Public Transit Human Services Transportation Plan.

2

     The council shall develop, as part of the state's federally-required plan, recommendations

3

for the appropriate and sustainable funding of the free-fare program for low-income seniors and

4

persons with disabilities, while maximizing the use of federal funds available to support the

5

transportation needs of this population.

6

     The council shall report these recommendations to the Governor, the Speaker of the House

7

of Representatives, and the President of the Senate, no later than November 1, 2018.

8

     SECTION 7. Section 4 of this article shall take upon passage. The remainder of this article

9

shall take effect as of July 1, 2017.

 

Art4
RELATING TO MOTOR VEHICLES
(Page 13 of 13)

 

 

=======

art.005/5/005/4/005/3/005/2/005/1

=======

1

     ARTICLE 5

2

RELATING TO GOVERNMENT REORGANIZATION

3

     SECTION 1. Chapter 23-17.12 of the General Laws entitled "Health Care Services -

4

Utilization Review Act" is hereby repealed in its entirety.

5

CHAPTER 23-17.12

6

Health Care Services - Utilization Review Act

7

     23-17.12-1. Purpose of chapter.

8

     The purpose of the chapter is to:

9

     (1) Promote the delivery of quality health care in a cost effective manner;

10

     (2) Foster greater coordination between health care providers, patients, payors and

11

utilization review entities;

12

     (3) Protect patients, businesses, and providers by ensuring that review agents are qualified

13

to perform utilization review activities and to make informed decisions on the appropriateness of

14

medical care; and

15

     (4) Ensure that review agents maintain the confidentiality of medical records in accordance

16

with applicable state and federal laws.

17

     23-17.12-2. Definitions.

18

     As used in this chapter, the following terms are defined as follows:

19

     (1) "Adverse determination" means a utilization review decision by a review agent not to

20

authorize a health care service. A decision by a review agent to authorize a health care service in

21

an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute

22

an adverse determination if the review agent and provider are in agreement regarding the decision.

23

Adverse determinations include decisions not to authorize formulary and nonformulary medication.

24

     (2) "Appeal" means a subsequent review of an adverse determination upon request by a

25

patient or provider to reconsider all or part of the original decision.

26

     (3) "Authorization" means the review agent's utilization review, performed according to

27

subsection 23-17.12-2(20), concluded that the allocation of health care services of a provider, given

28

or proposed to be given to a patient was approved or authorized.

29

     (4) "Benefit determination" means a decision of the enrollee's entitlement to payment for

30

covered health care services as defined in an agreement with the payor or its delegate.

 

1

     (5) "Certificate" means a certificate of registration granted by the director to a review agent.

2

     (6) "Complaint" means a written expression of dissatisfaction by a patient, or provider. The

3

appeal of an adverse determination is not considered a complaint.

4

     (7) "Concurrent assessment" means an assessment of the medical necessity and/or

5

appropriateness of health care services conducted during a patient's hospital stay or course of

6

treatment. If the medical problem is ongoing, this assessment may include the review of services

7

after they have been rendered and billed. This review does not mean the elective requests for

8

clarification of coverage or claims review or a provider's internal quality assurance program except

9

if it is associated with a health care financing mechanism.

10

     (8) "Department" means the department of health.

11

     (9) "Director" means the director of the department of health.

12

     (10) "Emergent health care services" has the same meaning as that meaning contained in

13

the rules and regulations promulgated pursuant to chapter 12.3 of title 42 as may be amended from

14

time to time and includes those resources provided in the event of the sudden onset of a medical,

15

mental health, or substance abuse or other health care condition manifesting itself by acute

16

symptoms of a severity (e.g. severe pain) where the absence of immediate medical attention could

17

reasonably be expected to result in placing the patient's health in serious jeopardy, serious

18

impairment to bodily or mental functions, or serious dysfunction of any body organ or part.

19

     (11) "Patient" means an enrollee or participant in all hospital or medical plans seeking

20

health care services and treatment from a provider.

21

     (12) "Payor" means a health insurer, self-insured plan, nonprofit health service plan, health

22

insurance service organization, preferred provider organization, health maintenance organization

23

or other entity authorized to offer health insurance policies or contracts or pay for the delivery of

24

health care services or treatment in this state.

25

     (13) "Practitioner" means any person licensed to provide or otherwise lawfully providing

26

health care services, including, but not limited to, a physician, dentist, nurse, optometrist, podiatrist,

27

physical therapist, clinical social worker, or psychologist.

28

     (14) "Prospective assessment" means an assessment of the medical necessity and/or

29

appropriateness of health care services prior to services being rendered.

30

     (15) "Provider" means any health care facility, as defined in § 23-17-2 including any mental

31

health and/or substance abuse treatment facility, physician, or other licensed practitioners identified

32

to the review agent as having primary responsibility for the care, treatment, and services rendered

33

to a patient.

34

     (16) "Retrospective assessment" means an assessment of the medical necessity and/or

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 2 of 58)

1

appropriateness of health care services that have been rendered. This shall not include reviews

2

conducted when the review agency has been obtaining ongoing information.

3

     (17) "Review agent" means a person or entity or insurer performing utilization review that

4

is either employed by, affiliated with, under contract with, or acting on behalf of:

5

     (i) A business entity doing business in this state;

6

     (ii) A party that provides or administers health care benefits to citizens of this state,

7

including a health insurer, self-insured plan, non-profit health service plan, health insurance service

8

organization, preferred provider organization or health maintenance organization authorized to

9

offer health insurance policies or contracts or pay for the delivery of health care services or

10

treatment in this state; or

11

     (iii) A provider.

12

     (18) "Same or similar specialty" means a practitioner who has the appropriate training and

13

experience that is the same or similar as the attending provider in addition to experience in treating

14

the same problems to include any potential complications as those under review.

15

     (19) "Urgent health care services" has the same meaning as that meaning contained in the

16

rules and regulations promulgated pursuant to chapter 12.3 of title 42 as may be amended from

17

time to time and includes those resources necessary to treat a symptomatic medical, mental health,

18

or substance abuse or other health care condition requiring treatment within a twenty-four (24) hour

19

period of the onset of such a condition in order that the patient's health status not decline as a

20

consequence. This does not include those conditions considered to be emergent health care services

21

as defined in subdivision (10).

22

     (20) "Utilization review" means the prospective, concurrent, or retrospective assessment

23

of the necessity and/or appropriateness of the allocation of health care services of a provider, given

24

or proposed to be given to a patient. Utilization review does not include:

25

     (i) Elective requests for the clarification of coverage; or

26

     (ii) Benefit determination; or

27

     (iii) Claims review that does not include the assessment of the medical necessity and

28

appropriateness; or

29

     (iv) A provider's internal quality assurance program except if it is associated with a health

30

care financing mechanism; or

31

     (v) The therapeutic interchange of drugs or devices by a pharmacy operating as part of a

32

licensed inpatient health care facility; or

33

     (vi) The assessment by a pharmacist licensed pursuant to the provisions of chapter 19 of

34

title 5 and practicing in a pharmacy operating as part of a licensed inpatient health care facility in

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 3 of 58)

1

the interpretation, evaluation and implementation of medical orders, including assessments and/or

2

comparisons involving formularies and medical orders.

3

     (21) "Utilization review plan" means a description of the standards governing utilization

4

review activities performed by a private review agent.

5

     (22) "Health care services" means and includes an admission, diagnostic procedure,

6

therapeutic procedure, treatment, extension of stay, the ordering and/or filling of formulary or

7

nonformulary medications, and any other services, activities, or supplies that are covered by the

8

patient's benefit plan.

9

     (23) "Therapeutic interchange" means the interchange or substitution of a drug with a

10

dissimilar chemical structure within the same therapeutic or pharmacological class that can be

11

expected to have similar outcomes and similar adverse reaction profiles when given in equivalent

12

doses, in accordance with protocols approved by the president of the medical staff or medical

13

director and the director of pharmacy.

14

     23-17.12-3. General certificate requirements.

15

     (a) A review agent shall not conduct utilization review in the state unless the department

16

has granted the review agent a certificate.

17

     (b) Individuals shall not be required to hold separate certification under this chapter when

18

acting as either an employee of, an affiliate of, a contractor for, or otherwise acting on behalf of a

19

certified review agent.

20

     (c) The department shall issue a certificate to an applicant that has met the minimum

21

standards established by this chapter, and regulations promulgated in accordance with it, including

22

the payment of any fees as required, and other applicable regulations of the department.

23

     (d) A certificate issued under this chapter is not transferable, and the transfer of fifty percent

24

(50%) or more of the ownership of a review agent shall be deemed a transfer.

25

     (e) After consultation with the payors and providers of health care, the department shall

26

adopt regulations necessary to implement the provisions of this chapter.

27

     (f) The director of health is authorized to establish any fees for initial application, renewal

28

applications, and any other administrative actions deemed necessary by the director to implement

29

this chapter.

30

     (g) The total cost of certification under this title shall be borne by the certified entities and

31

shall be one hundred and fifty percent (150%) of the total salaries paid to the certifying personnel

32

of the department engaged in those certifications less any salary reimbursements and shall be paid

33

to the director to and for the use of the department. That assessment shall be in addition to any taxes

34

and fees otherwise payable to the state.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 4 of 58)

1

     (h) The application and other fees required under this chapter shall be sufficient to pay for

2

the administrative costs of the certificate program and any other reasonable costs associated with

3

carrying out the provisions of this chapter.

4

     (i) A certificate expires on the second anniversary of its effective date unless the certificate

5

is renewed for a two (2) year term as provided in this chapter.

6

     (j) Any systemic changes in the review agents operations relative to certification

7

information on file shall be submitted to the department for approval within thirty (30) days prior

8

to implementation.

9

     23-17.12-4. Application process.

10

     (a) An applicant requesting certification or recertification shall:

11

     (1) Submit an application provided by the director; and

12

     (2) Pay the application fee established by the director through regulation and § 23-17.12-

13

3(f).

14

     (b) The application shall:

15

     (1) Be on a form and accompanied by supporting documentation that the director requires;

16

and

17

     (2) Be signed and verified by the applicant.

18

     (c) Before the certificate expires, a certificate may be renewed for an additional two (2)

19

years.

20

     (d) If a completed application for recertification is being processed by the department, a

21

certificate may be continued until a renewal determination is made.

22

     (e) In conjunction with the application, the review agent shall submit information that the

23

director requires including:

24

     (1) A request that the state agency regard specific portions of the standards and criteria or

25

the entire document to constitute "trade secrets" within the meaning of that term in § 38-2-

26

2(4)(i)(B);

27

     (2) The policies and procedures to ensure that all applicable state and federal laws to protect

28

the confidentiality of individual medical records are followed;

29

     (3) A copy of the materials used to inform enrollees of the requirements under the health

30

benefit plan for seeking utilization review or pre-certification and their rights under this chapter,

31

including information on appealing adverse determinations;

32

     (4) A copy of the materials designed to inform applicable patients and providers of the

33

requirements of the utilization review plan;

34

     (5) A list of the third party payors and business entities for which the review agent is

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 5 of 58)

1

performing utilization review in this state and a brief description of the services it is providing for

2

each client; and

3

     (6) Evidence of liability insurance or of assets sufficient to cover potential liability.

4

     (f) The information provided must demonstrate that the review agent will comply with the

5

regulations adopted by the director under this chapter.

6

     23-17.12-5. General application requirements.

7

     An application for certification or recertification shall be accompanied by documentation

8

to evidence the following:

9

     (1) The requirement that the review agent provide patients and providers with a summary

10

of its utilization review plan including a summary of the standards, procedures and methods to be

11

used in evaluating proposed or delivered health care services;

12

     (2) The circumstances, if any, under which utilization review may be delegated to any other

13

utilization review program and evidence that the delegated agency is a certified utilization review

14

agency delegated to perform utilization review pursuant to all of the requirements of this chapter;

15

     (3) A complaint resolution process consistent with subsection 23-17.12-2(6) and

16

acceptable to the department, whereby patients, their physicians, or other health care providers may

17

seek resolution of complaints and other matters of which the review agent has received written

18

notice;

19

     (4) The type and qualifications of personnel (employed or under contract) authorized to

20

perform utilization review, including a requirement that only a practitioner with the same license

21

status as the ordering practitioner, or a licensed physician or dentist, is permitted to make a

22

prospective or concurrent adverse determination;

23

     (5) The requirement that a representative of the review agent is reasonably accessible to

24

patients, patient's family and providers at least five (5) days a week during normal business in

25

Rhode Island and during the hours of the agency's review operations;

26

     (6) The policies and procedures to ensure that all applicable state and federal laws to protect

27

the confidentiality of individual medical records are followed;

28

     (7) The policies and procedures regarding the notification and conduct of patient interviews

29

by the review agent;

30

     (8) The requirement that no employee of, or other individual rendering an adverse

31

determination for, a review agent may receive any financial incentives based upon the number of

32

denials of certification made by that employee or individual;

33

     (9) The requirement that the utilization review agent shall not impede the provision of

34

health care services for treatment and/or hospitalization or other use of a provider's services or

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 6 of 58)

1

facilities for any patient;

2

     (10) Evidence that the review agent has not entered into a compensation agreement or

3

contract with its employees or agents whereby the compensation of its employees or its agents is

4

based upon a reduction of services or the charges for those services, the reduction of length of stay,

5

or utilization of alternative treatment settings; provided, nothing in this chapter shall prohibit

6

agreements and similar arrangements; and

7

     (11) An adverse determination and internal appeals process consistent with § 23-17.12-9

8

and acceptable to the department, whereby patients, their physicians, or other health care providers

9

may seek prompt reconsideration or appeal of adverse determinations by the review agent.

10

     23-17.12-6. Denial, suspension, or revocation of certificate.

11

     (a) The department may deny a certificate upon review of the application if, upon review

12

of the application, it finds that the applicant proposing to conduct utilization review does not meet

13

the standards required by this chapter or by any regulations promulgated pursuant to this chapter.

14

     (b) The department may revoke a certificate and/or impose reasonable monetary penalties

15

not to exceed five thousand dollars ($5,000) per violation in any case in which:

16

     (1) The review agent fails to comply substantially with the requirements of this chapter or

17

of regulations adopted pursuant to this chapter;

18

     (2) The review agent fails to comply with the criteria used by it in its application for a

19

certificate; or

20

     (3) The review agent refuses to permit examination by the director to determine compliance

21

with the requirements of this chapter and regulations promulgated pursuant to the authority granted

22

to the director in this chapter; provided, however, that the examination shall be subject to the

23

confidentiality and "need to know" provisions of subdivisions 23-17.12-9(c)(4) and (5). These

24

determinations may involve consideration of any written grievances filed with the department

25

against the review agent by patients or providers.

26

     (c) Any applicant or certificate holder aggrieved by an order or a decision of the department

27

made under this chapter without a hearing may, within thirty (30) days after notice of the order or

28

decision, make a written request to the department for a hearing on the order or decision pursuant

29

to § 42-35-15.

30

     (d) The procedure governing hearings authorized by this section shall be in accordance

31

with §§ 42-35-9 -- 42-35-13 as stipulated in § 42-35-14(a). A full and complete record shall be kept

32

of all proceedings, and all testimony shall be recorded but need not be transcribed unless the

33

decision is appealed pursuant to § 42-35-15. A copy or copies of the transcript may be obtained by

34

any interested party upon payment of the cost of preparing the copy or copies. Witnesses may be

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 7 of 58)

1

subpoenaed by either party.

2

     23-17.12-7. Judicial review.

3

     Any person who has exhausted all administrative remedies available to him or her within

4

the department, and who is aggrieved by a final decision of the department under § 23-17.12-6, is

5

entitled to judicial review pursuant to §§ 42-35-15 and 42-35-16.

6

     23-17.12-8. Waiver of requirements.

7

     (a) Except for utilization review agencies performing utilization review activities to

8

determine the necessity and/or appropriateness of substance abuse and mental health care, treatment

9

or services, the department shall waive all the requirements of this chapter, with the exception of

10

those contained in §§ 23-17.12-9, (a)(1)-(3), (5), (6), (8), (b)(1)-(6), and (c)(2)-(6), 23-17.12-12,

11

and 23-17.12-14, for a review agent that has received, maintains and provides evidence to the

12

department of accreditation from the utilization review accreditation commission (URAC) or other

13

organization approved by the director. The waiver shall be applicable only to those services that

14

are included under the accreditation by the utilization review accreditation commission or other

15

approved organization.

16

     (b) The department shall waive the requirements of this chapter only when a direct conflict

17

exists with those activities of a review agent that are conducted pursuant to contracts with the state

18

or the federal government or those activities under other state or federal jurisdictions.

19

     (c) The limitation in subsection 23-17.12-8(b) notwithstanding, the department may waive

20

or exempt all or part of the requirements of this chapter by mutual written agreement with a state

21

department or agency when such waiver or exemption is determined to be necessary and

22

appropriate to the administration of a health care related program. The department shall promulgate

23

such regulations as deemed appropriate to implement this provision.

24

     23-17.12-8.1. Variance of statutory requirements..

25

     (a) The department is authorized to issue a statutory variance from one or more of the

26

specific requirements of this chapter to a review agent where it determines that such variance is

27

necessary to permit the review agent to evaluate and address practitioner billing and practice

28

patterns when the review agent believes in good faith that such patterns evidence the existence of

29

fraud or abuse. Any variance issued by the department pursuant to this section shall be limited in

30

application to those services billed directly by the practitioner. Prior to issuing a statutory variance

31

the department shall provide notice and a public hearing to ensure necessary patient and health care

32

provider protections in the process. Statutory variances shall be issued for a period not to exceed

33

one year and may be subject to such terms and conditions deemed necessary by the department.

34

     (b) On or before January 15th of each year, the department shall issue a report to the general

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 8 of 58)

1

assembly summarizing any review agent activity as a result of a waiver granted under the provisions

2

of this section.

3

     23-17.12-9. Review agency requirement for adverse determination and internal

4

appeals.

5

     (a) The adverse determination and appeals process of the review agent shall conform to the

6

following:

7

     (1) Notification of a prospective adverse determination by the review agent shall be mailed

8

or otherwise communicated to the provider of record and to the patient or other appropriate

9

individual as follows:

10

     (i) Within fifteen (15) business days of receipt of all the information necessary to complete

11

a review of non-urgent and/or non-emergent services;

12

     (ii) Within seventy-two (72) hours of receipt of all the information necessary to complete

13

a review of urgent and/or emergent services; and

14

     (iii) Prior to the expected date of service.

15

     (2) Notification of a concurrent adverse determination shall be mailed or otherwise

16

communicated to the patient and to the provider of record period as follows:

17

     (i) To the provider(s) prior to the end of the current certified period; and

18

     (ii) To the patient within one business day of making the adverse determination.

19

     (3) Notification of a retrospective adverse determination shall be mailed or otherwise

20

communicated to the patient and to the provider of record within thirty (30) business days of receipt

21

of a request for payment with all supporting documentation for the covered benefit being reviewed.

22

     (4) A utilization review agency shall not retrospectively deny authorization for health care

23

services provided to a covered person when an authorization has been obtained for that service

24

from the review agent unless the approval was based upon inaccurate information material to the

25

review or the health care services were not provided consistent with the provider's submitted plan

26

of care and/or any restrictions included in the prior approval granted by the review agent.

27

     (5) Any notice of an adverse determination shall include:

28

     (i) The principal reasons for the adverse determination, to include explicit documentation

29

of the criteria not met and/or the clinical rationale utilized by the agency's clinical reviewer in

30

making the adverse determination. The criteria shall be in accordance with the agency criteria noted

31

in subsection 23-17.12-9(d) and shall be made available within the first level appeal timeframe if

32

requested unless otherwise provided as part of the adverse determination notification process;

33

     (ii) The procedures to initiate an appeal of the adverse determination, including the name

34

and telephone number of the person to contract with regard to an appeal;

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 9 of 58)

1

     (iii) The necessary contact information to complete the two-way direct communication

2

defined in subdivision 23-17.12-9(a)(7); and

3

     (iv) The information noted in subdivision 23-27.12-9(a)(5)(i)(ii)(iii) for all verbal

4

notifications followed by written notification to the patient and provider(s).

5

     (6) All initial retrospective adverse determinations of a health care service that had been

6

ordered by a physician, dentist or other practitioner shall be made, documented and signed

7

consistent with the regulatory requirements which shall be developed by the department with the

8

input of review agents, providers and other affected parties.

9

     (7) A level one appeal decision of an adverse determination shall not be made until an

10

appropriately qualified and licensed review physician, dentist or other practitioner has spoken to,

11

or otherwise provided for, an equivalent two-way direct communication with the patient's attending

12

physician, dentist, other practitioner, other designated or qualified professional or provider

13

responsible for treatment of the patient concerning the medical care, with the exception of the

14

following:

15

     (i) When the attending provider is not reasonably available;

16

     (ii) When the attending provider chooses not to speak with agency staff;

17

     (iii) When the attending provider has negotiated an agreement with the review agent for

18

alternative care; and/or

19

     (iv) When the attending provider requests a peer to peer communication prior to the adverse

20

determination, the review agency shall then comply with subdivision 23-17.12-9(c)(1) in

21

responding to such a request. Such requests shall be on the case specific basis unless otherwise

22

arranged for in advance by the provider.

23

     (8) All initial, prospective and concurrent adverse determinations of a health care service

24

that had been ordered by a physician, dentist or other practitioner shall be made, documented and

25

signed by a licensed practitioner with the same licensure status as the ordering practitioner or a

26

licensed physician or dentist. This does not prohibit appropriately qualified review agency staff

27

from engaging in discussions with the attending provider, the attending provider's designee or

28

appropriate health care facility and office personnel regarding alternative service and treatment

29

options. Such a discussion shall not constitute an adverse determination provided though that any

30

change to the provider's original order and/or any decision for an alternative level of care must be

31

made and/or appropriately consented to by the attending provider or the provider's designee

32

responsible for treating the patient.

33

     (9) The requirement that, upon written request made by or on behalf of a patient, any

34

adverse determination and/or appeal shall include the written evaluation and findings of the

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 10 of 58)

1

reviewing physician, dentist or other practitioner. The review agent is required to accept a verbal

2

request made by or on behalf of a patient for any information where a provider or patient can

3

demonstrate that a timely response is urgent.

4

     (b) The review agent shall conform to the following for the appeal of an adverse

5

determination:

6

     (1) The review agent shall maintain and make available a written description of the appeal

7

procedure by which either the patient or the provider of record may seek review of determinations

8

not to authorize a health care service. The process established by each review agent may include a

9

reasonable period within which an appeal must be filed to be considered and that period shall not

10

be less than sixty (60) days.

11

     (2) The review agent shall notify, in writing, the patient and provider of record of its

12

decision on the appeal as soon as practical, but in no case later than fifteen (15) or twenty-one (21)

13

business days if verbal notice is given within fifteen (15) business days after receiving the required

14

documentation on the appeal.

15

     (3) The review agent shall also provide for an expedited appeals process for emergency or

16

life threatening situations. Each review agent shall complete the adjudication of expedited appeals

17

within two (2) business days of the date the appeal is filed and all information necessary to complete

18

the appeal is received by the review agent.

19

     (4) All first level appeals of determinations not to authorize a health care service that had

20

been ordered by a physician, dentist, or other practitioner shall be made, documented, and signed

21

by a licensed practitioner with the same licensure status as the ordering practitioner or a licensed

22

physician or a licensed dentist.

23

     (5) All second level appeal decisions shall be made, signed, and documented by a licensed

24

practitioner in the same or a similar general specialty as typically manages the medical condition,

25

procedure, or treatment under discussion.

26

     (6) The review agent shall maintain records of written appeals and their resolution, and

27

shall provide reports as requested by the department.

28

     (c) The review agency must conform to the following requirements when making its

29

adverse determination and appeal decisions:

30

     (1) The review agent must assure that the licensed practitioner or licensed physician is

31

reasonably available to review the case as required under subdivision 23-17.12-9(a)(7) and shall

32

conform to the following:

33

     (i) Each agency peer reviewer shall have access to and review all necessary information as

34

requested by the agency and/or submitted by the provider(s) and/or patients;

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 11 of 58)

1

     (ii) Each agency shall provide accurate peer review contact information to the provider at

2

the time of service, if requested, and/or prior to such service, if requested. This contact information

3

must provide a mechanism for direct communication with the agency's peer reviewer;

4

     (iii) Agency peer reviewers shall respond to the provider's request for a two-way direct

5

communication defined in subdivision 23-17.12-9(a)(7)(iv) as follows:

6

     (A) For a prospective review of non-urgent and non-emergent health care services, a

7

response within one business day of the request for a peer discussion;

8

     (B) For concurrent and prospective reviews of urgent and emergent health care services, a

9

response within a reasonable period of time of the request for a peer discussion; and

10

     (C) For retrospective reviews, prior to the first level appeal decision.

11

     (iv) The review agency will have met the requirements of a two-way direct communication,

12

when requested and/or as required prior to the first level of appeal, when it has made two (2)

13

reasonable attempts to contact the attending provider directly.

14

     (v) Repeated violations of this section shall be deemed to be substantial violations pursuant

15

to § 23-17.12-14 and shall be cause for the imposition of penalties under that section.

16

     (2) No reviewer at any level under this section shall be compensated or paid a bonus or

17

incentive based on making or upholding an adverse determination.

18

     (3) No reviewer under this section who has been involved in prior reviews of the case under

19

appeal or who has participated in the direct care of the patient may participate as the sole reviewer

20

in reviewing a case under appeal; provided, however, that when new information has been made

21

available at the first level of appeal, then the review may be conducted by the same reviewer who

22

made the initial adverse determination.

23

     (4) A review agent is only entitled to review information or data relevant to the utilization

24

review process. A review agent may not disclose or publish individual medical records or any

25

confidential medical information obtained in the performance of utilization review activities. A

26

review agent shall be considered a third party health insurer for the purposes of § 5-37.3-6(b)(6) of

27

this state and shall be required to maintain the security procedures mandated in § 5-37.3-4(c).

28

     (5) Notwithstanding any other provision of law, the review agent, the department, and all

29

other parties privy to information which is the subject of this chapter shall comply with all state

30

and federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 (Confidentiality

31

of Health Care Communications and Information Act) and specifically § 5-37.3-4(c), which

32

requires limitation on the distribution of information which is the subject of this chapter on a "need

33

to know" basis, and § 40.1-5-26.

34

     (6) The department may, in response to a complaint that is provided in written form to the

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 12 of 58)

1

review agent, review an appeal regarding any adverse determination, and may request information

2

of the review agent, provider or patient regarding the status, outcome or rationale regarding the

3

decision.

4

     (d) The requirement that each review agent shall utilize and provide upon request, by

5

Rhode Island licensed hospitals and the Rhode Island Medical Society, in either electronic or paper

6

format, written medically acceptable screening criteria and review procedures which are

7

established and periodically evaluated and updated with appropriate consultation with Rhode Island

8

licensed physicians, hospitals, including practicing physicians, and other health care providers in

9

the same specialty as would typically treat the services subject to the criteria as follows:

10

     (1) Utilization review agents shall consult with no fewer than five (5) Rhode Island licensed

11

physicians or other health care providers. Further, in instances where the screening criteria and

12

review procedures are applicable to inpatients and/or outpatients of hospitals, the medical director

13

of each licensed hospital in Rhode Island shall also be consulted. Utilization review agents who

14

utilize screening criteria and review procedures provided by another entity may satisfy the

15

requirements of this section if the utilization review agent demonstrates to the satisfaction of the

16

director that the entity furnishing the screening criteria and review procedures has complied with

17

the requirements of this section.

18

     (2) Utilization review agents seeking initial certification shall conduct the consultation for

19

all screening and review criteria to be utilized. Utilization review agents who have been certified

20

for one year or longer shall be required to conduct the consultation on a periodic basis for the

21

utilization review agent's highest volume services subject to utilization review during the prior year;

22

services subject to the highest volume of adverse determinations during the prior year; and for any

23

additional services identified by the director.

24

     (3) Utilization review agents shall not include in the consultations as required under

25

paragraph (1) of this subdivision, any physicians or other health services providers who have

26

financial relationships with the utilization review agent other than financial relationships for

27

provisions of direct patient care to utilization review agent enrollees and reasonable compensation

28

for consultation as required by paragraph (1) of this subdivision.

29

     (4) All documentation regarding required consultations, including comments and/or

30

recommendations provided by the health care providers involved in the review of the screening

31

criteria, as well as the utilization review agent's action plan or comments on any recommendations,

32

shall be in writing and shall be furnished to the department on request. The documentation shall

33

also be provided on request to any licensed health care provider at a nominal cost that is sufficient

34

to cover the utilization review agent's reasonable costs of copying and mailing.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 13 of 58)

1

     (5) Utilization review agents may utilize non-Rhode Island licensed physicians or other

2

health care providers to provide the consultation as required under paragraph (1) of this subdivision,

3

when the utilization review agent can demonstrate to the satisfaction of the director that the related

4

services are not currently provided in Rhode Island or that another substantial reason requires such

5

approach.

6

     (6) Utilization review agents whose annualized data reported to the department

7

demonstrate that the utilization review agent will review fewer than five hundred (500) such

8

requests for authorization may request a variance from the requirements of this section.

9

     23-17.12-10. External appeal requirements.

10

     (a) In cases where the second level of appeal to reverse an adverse determination is

11

unsuccessful, the review agent shall provide for an external appeal by an unrelated and objective

12

appeal agency, selected by the director. The director shall promulgate rules and regulations

13

including, but not limited to, criteria for designation, operation, policy, oversight, and termination

14

of designation as an external appeal agency. The external appeal agency shall not be required to be

15

certified under this chapter for activities conducted pursuant to its designation.

16

     (b) The external appeal shall have the following characteristics:

17

     (1) The external appeal review and decision shall be based on the medical necessity for the

18

health care or service and the appropriateness of service delivery for which authorization has been

19

denied.

20

     (2) Neutral physicians, dentists, or other practitioners in the same or similar general

21

specialty as typically manages the health care service shall be utilized to make the external appeal

22

decisions.

23

     (3) Neutral physicians, dentists, or other practitioners shall be selected from lists:

24

     (i) Mutually agreed upon by the provider associations, insurers, and the purchasers of

25

health services; and

26

     (ii) Used during a twelve (12) month period as the source of names for neutral physician,

27

dentist, or other practitioner reviewers.

28

     (4) The neutral physician, dentist, or other practitioner may confer either directly with the

29

review agent and provider, or with physicians or dentists appointed to represent them.

30

     (5) Payment for the appeal fee charged by the neutral physician, dentist, or other

31

practitioner shall be shared equally between the two (2) parties to the appeal; provided, however,

32

that if the decision of the utilization review agent is overturned, the appealing party shall be

33

reimbursed by the utilization review agent for their share of the appeal fee paid under this

34

subsection.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 14 of 58)

1

     (6) The decision of the external appeal agency shall be binding; however, any person who

2

is aggrieved by a final decision of the external appeal agency is entitled to judicial review in a court

3

of competent jurisdiction.

4

     23-17.12-11. Repealed.

5

     23-17.12-12. Reporting requirements.

6

     (a) The department shall establish reporting requirements to determine if the utilization

7

review programs are in compliance with the provisions of this chapter and applicable regulations.

8

     (b) By November 14, 2014, the department shall report to the general assembly regarding

9

hospital admission practices and procedures and the effects of such practices and procedures on the

10

care and wellbeing of patients who present behavioral healthcare conditions on an emergency basis.

11

The report shall be developed with the cooperation of the department of behavioral healthcare,

12

developmental disabilities, and hospitals and of the department of children, youth, and families,

13

and shall recommend changes to state law and regulation to address any necessary and appropriate

14

revisions to the department's regulations related to utilization review based on the Federal Mental

15

Health Parity and Addiction Equity Act of 2008 (MHPAEA) and the Patient Protection and

16

Affordable Care Act, Pub. L. 111-148, and the state's regulatory interpretation of parity in insurance

17

coverage of behavioral healthcare. These recommended or adopted revisions to the department's

18

regulations shall include, but not be limited to:

19

     (1) Adverse determination and internal appeals, with particular regard to the time necessary

20

to complete a review of urgent and/or emergent services for patients with behavioral health needs;

21

     (2) External appeal requirements;

22

     (3) The process for investigating whether insurers and agents are complying with the

23

provisions of chapter 17.12 of title 23 in light of parity in insurance coverage for behavioral

24

healthcare, with particular regard to emergency admissions; and

25

     (4) Enforcement of the provisions of chapter 17.12 of title 23 in light of insurance parity

26

for behavioral healthcare.

27

     23-17.12-13. Lists.

28

     The director shall periodically provide a list of private review agents issued certificates and

29

the renewal date for those certificates to all licensed health care facilities and any other individual

30

or organization requesting the list.

31

     23-17.12-14. Penalties.

32

     A person who substantially violates any provision of this chapter or any regulation adopted

33

under this chapter or who submits any false information in an application required by this chapter

34

is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding five thousand

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 15 of 58)

1

dollars ($5,000).

2

     23-17.12-15. Annual report.

3

     The director shall issue an annual report to the governor and the general assembly

4

concerning the conduct of utilization review in the state. The report shall include a description of

5

utilization programs and the services they provide, an analysis of complaints filed against private

6

review agents by patients or providers and an evaluation of the impact of utilization review

7

programs on patient access to care.

8

     23-17.12-16. Fees.

9

     The proceeds of any fees, monetary penalties, and fines collected pursuant to the provisions

10

of this chapter shall be deposited as general revenues.

11

     23-17.12-17. Severability.

12

     If any provision of this chapter or the application of any provision to any person or

13

circumstance shall be held invalid, that invalidity shall not affect the provisions or application of

14

this chapter which can be given effect without the invalid provision or application, and to this end

15

the provisions of this chapter are declared to be severable.

16

     SECTION 2. Chapter 23-17.13 of the General Laws entitled "Health Care Accessibility

17

and Quality Assurance Act" is hereby repealed in its entirety.

18

CHAPTER 23-17.13

19

Health Care Accessibility and Quality Assurance Act

20

     23-17.13-1. Purpose.

21

     The legislature declares that:

22

     (1) It is in the best interest of the public that those individuals and care entities involved

23

with the delivery of plan coverage in our state meet the standards of this chapter to insure

24

accessibility and quality for the state's patients;

25

     (2) Nothing in the legislation is intended to prohibit a health care entity or contractor from

26

forming limited networks of providers; and

27

     (3) It is a vital state function to establish these standards for the conduct of health plans by

28

a health care entity in Rhode Island.

29

     23-17.13-2. Definitions.

30

     As used in this chapter:

31

     (1) "Adverse decision" means any decision by a review agent not to certify an admission,

32

service, procedure, or extension of stay. A decision by a reviewing agent to certify an admission,

33

service, or procedure in an alternative treatment setting, or to certify a modified extension of stay,

34

shall not constitute an adverse decision if the reviewing agent and the requesting provider are in

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 16 of 58)

1

agreement regarding the decision.

2

     (2) "Contractor" means a person/entity that:

3

     (i) Establishes, operates or maintains a network of participating providers;

4

     (ii) Contracts with an insurance company, a hospital or medical or dental service plan, an

5

employer, whether under written or self insured, an employee organization, or any other entity

6

providing coverage for health care services to administer a plan; and/or

7

     (iii) Conducts or arranges for utilization review activities pursuant to chapter 17.12 of this

8

title.

9

     (3) "Direct service ratio" means the amount of premium dollars expended by the plan for

10

covered services provided to enrollees on a plan's fiscal year basis.

11

     (4) "Director" means the director of the department of health.

12

     (5) "Emergency services" has the same meaning as the meaning contained in the rules and

13

regulations promulgated pursuant to chapter 12.3 of title 42, as may be amended from time to time,

14

and includes the sudden onset of a medical or mental condition that the absence of immediate

15

medical attention could reasonably be expected to result in placing the patient's health in serious

16

jeopardy, serious impairment to bodily or mental functions, or serious dysfunction of any bodily

17

organ or part.

18

     (6) "Health care entity" means a licensed insurance company, hospital, or dental or medical

19

service plan or health maintenance organization, or a contractor as described in subdivision (2),

20

that operates a health plan.

21

     (7) "Health care services" includes, but is not limited to, medical, mental health, substance

22

abuse, and dental services.

23

     (8) "Health plan" means a plan operated by a health care entity as described in subdivision

24

(6) that provides for the delivery of care services to persons enrolled in the plan through:

25

     (i) Arrangements with selected providers to furnish health care services; and/or

26

     (ii) Financial incentives for persons enrolled in the plan to use the participating providers

27

and procedures provided for by the plan.

28

     (9) "Provider" means a physician, hospital, pharmacy, laboratory, dentist, or other state

29

licensed or other state recognized provider of health care services or supplies, and whose services

30

are recognized pursuant to 213(d) of the Internal Revenue Code, 26 U.S.C. § 213(d), that has

31

entered into an agreement with a health care entity as described in subdivision (6) or contractor as

32

described in subdivision (2) to provide these services or supplies to a patient enrolled in a plan.

33

     (10) "Provider incentive plan" means any compensation arrangement between a health care

34

entity or plan and a provider or provider group that may directly or indirectly have the effect of

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 17 of 58)

1

reducing or limiting services provided with respect to an individual enrolled in a plan.

2

     (11) "Qualified health plan" means a plan that the director of the department of health

3

certified, upon application by the program, as meeting the requirements of this chapter.

4

     (12) "Qualified utilization review program" means utilization review program that meets

5

the requirements of chapter 17.12 of this title.

6

     (13) "Most favored rate clause" means a provision in a provider contract whereby the rates

7

or fees to be paid by a health plan are fixed, established or adjusted to be equal to or lower than the

8

rates or fees paid to the provider by any other health plan or third party payor.

9

     23-17.13-3. Certification of health plans.

10

     (a) Certification process.

11

     (1) Certification.

12

     (i) The director shall establish a process for certification of health plans meeting the

13

requirements of certification in subsection (b).

14

     (ii) The director shall act upon the health plan's completed application for certification

15

within ninety (90) days of receipt of such application for certification.

16

     (2) Review and recertification. To ensure compliance with subsection (b), the director shall

17

establish procedures for the periodic review and recertification of qualified health plans not less

18

than every five (5) years; provided, however, that the director may review the certification of a

19

qualified health plan at any time if there exists evidence that a qualified health plan may be in

20

violation of subsection (b).

21

     (3) Cost of certification. The total cost of obtaining and maintaining certification under this

22

title and compliance with the requirements of the applicable rules and regulations are borne by the

23

entities so certified and shall be one hundred and fifty percent (150%) of the total salaries paid to

24

the certifying personnel of the department engaged in those certifications less any salary

25

reimbursements and shall be paid to the director to and for the use of the department. That

26

assessment shall be in addition to any taxes and fees otherwise payable to the state.

27

     (4) Standard definitions. To help ensure a patient's ability to make informed decisions

28

regarding their health care, the director shall promulgate regulation(s) to provide for standardized

29

definitions (unless defined in existing statute) of the following terms in this subdivision, provided,

30

however, that no definition shall be construed to require a health care entity to add any benefit, to

31

increase the scope of any benefit, or to increase any benefit under any contract:

32

     (i) Allowable charge;

33

     (ii) Capitation;

34

     (iii) Co-payments;

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 18 of 58)

1

     (iv) Co-insurance;

2

     (v) Credentialing;

3

     (vi) Formulary;

4

     (vii) Grace period;

5

     (viii) Indemnity insurance;

6

     (ix) In-patient care;

7

     (x) Maximum lifetime cap;

8

     (xi) Medical necessity;

9

     (xii) Out-of-network;

10

     (xiii) Out-patient;

11

     (xiv) Pre-existing conditions;

12

     (xv) Point of service;

13

     (xvi) Risk sharing;

14

     (xvii) Second opinion;

15

     (xviii) Provider network;

16

     (xix) Urgent care.

17

     (b) Requirements for certification. The director shall establish standards and procedures

18

for the certification of qualified health plans that conduct business in this state and who have

19

demonstrated the ability to ensure that health care services will be provided in a manner to assure

20

availability and accessibility, adequate personnel and facilities, and continuity of service, and has

21

demonstrated arrangements for ongoing quality assurance programs regarding care processes and

22

outcomes; other standards shall consist of, but are not limited to, the following:

23

     (1) Prospective and current enrollees in health plans must be provided information as to

24

the terms and conditions of the plan consistent with the rules and regulations promulgated under

25

chapter 12.3 of title 42 so that they can make informed decisions about accepting and utilizing the

26

health care services of the health plan. This must be standardized so that customers can compare

27

the attributes of the plans, and all information required by this paragraph shall be updated at

28

intervals determined by the director. Of those items required under this section, the director shall

29

also determine which items shall be routinely distributed to prospective and current enrollees as

30

listed in this subsection and which items may be made available upon request. The items to be

31

disclosed are:

32

     (i) Coverage provisions, benefits, and any restriction or limitations on health care services,

33

including but not limited to, any exclusions as follows: by category of service, and if applicable,

34

by specific service, by technology, procedure, medication, provider or treatment modality,

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 19 of 58)

1

diagnosis and condition, the latter three (3) of which shall be listed by name.

2

     (ii) Experimental treatment modalities that are subject to change with the advent of new

3

technology may be listed solely by the broad category "Experimental Treatments". The information

4

provided to consumers shall include the plan's telephone number and address where enrollees may

5

call or write for more information or to register a complaint regarding the plan or coverage

6

provision.

7

     (2) Written statement of the enrollee's right to seek a second opinion, and reimbursement

8

if applicable.

9

     (3) Written disclosure regarding the appeals process described in § 23-17.12-1 et seq. and

10

in the rules and regulations for the utilization review of care services, promulgated by the

11

department of health, the telephone numbers and addresses for the plan's office which handles

12

complaints as well as for the office which handles the appeals process under § 23-17.12-1 et seq.

13

and the rules and regulations for the utilization of health.

14

     (4) Written statement of prospective and current enrollees' right to confidentiality of all

15

health care record and information in the possession and/or control of the plan, its employees, its

16

agents and parties with whom a contractual agreement exists to provide utilization review or who

17

in any way have access to care information. A summary statement of the measures taken by the

18

plan to ensure confidentiality of an individual's health care records shall be disclosed.

19

     (5) Written disclosure of the enrollee's right to be free from discrimination by the health

20

plan and the right to refuse treatment without jeopardizing future treatment.

21

     (6) Written disclosure of a plan's policy to direct enrollees to particular providers. Any

22

limitations on reimbursement should the enrollee refuse the referral must be disclosed.

23

     (7) A summary of prior authorization or other review requirements including

24

preauthorization review, concurrent review, post-service review, post-payment review and any

25

procedure that may lead the patient to be denied coverage for or not be provided a particular service.

26

     (8) Any health plan that operates a provider incentive plan shall not enter into any

27

compensation agreement with any provider of covered services or pharmaceutical manufacturer

28

pursuant to which specific payment is made directly or indirectly to the provider as an inducement

29

or incentive to reduce or limit services, to reduce the length of stay or the use of alternative

30

treatment settings or the use of a particular medication with respect to an individual patient,

31

provided however, that capitation agreements and similar risk sharing arrangements are not

32

prohibited.

33

     (9) Health plans must disclose to prospective and current enrollees the existence of

34

financial arrangements for capitated or other risk sharing arrangements that exist with providers in

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 20 of 58)

1

a manner described in paragraphs (i), (ii), and (iii):

2

     (i) "This health plan utilizes capitated arrangements, with its participating providers, or

3

contains other similar risk sharing arrangements;

4

     (ii) This health plan may include a capitated reimbursement arrangement or other similar

5

risk sharing arrangement, and other financial arrangements with your provider;

6

     (iii) This health plan is not capitated and does not contain other risk sharing arrangements."

7

     (10) Written disclosure of criteria for accessing emergency health care services as well as

8

a statement of the plan's policies regarding payment for examinations to determine if emergency

9

health care services are necessary, the emergency care itself, and the necessary services following

10

emergency treatment or stabilization. The health plan must respond to the request of the treating

11

provider for post-stabilization treatment by approving or denying it as soon as possible.

12

     (11) Explanation of how health plan limitations impact enrollees, including information on

13

enrollee financial responsibility for payment for co-insurance, co-payment, or other non-covered,

14

out-of-pocket, or out-of-plan services. This shall include information on deductibles and benefits

15

limitations including, but not limited to, annual limits and maximum lifetime benefits.

16

     (12) The terms under which the health plan may be renewed by the plan enrollee, including

17

any reservation by the plan of any right to increase premiums.

18

     (13) Summary of criteria used to authorize treatment.

19

     (14) A schedule of revenues and expenses, including direct service ratios and other

20

statistical information which meets the requirements set forth below on a form prescribed by the

21

director.

22

     (15) Plan costs of health care services, including but not limited to all of the following:

23

     (i) Physician services;

24

     (ii) Hospital services, including both inpatients and outpatient services;

25

     (iii) Other professional services;

26

     (iv) Pharmacy services, excluding pharmaceutical products dispensed in a physician's

27

office;

28

     (v) Health education;

29

     (vi) Substance abuse services and mental health services.

30

     (16) Plan complaint, adverse decision, and prior authorization statistics. This statistical data

31

shall be updated annually:

32

     (i) The ratio of the number of complaints received to the total number of covered persons,

33

reported by category, listed in paragraphs (b)(15)(i) -- (vi);

34

     (ii) The ratio of the number of adverse decisions issued to the number of complaints

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 21 of 58)

1

received, reported by category;

2

     (iii) The ratio of the number of prior authorizations denied to the number of prior

3

authorizations requested, reported by category;

4

     (iv) The ratio of the number of successful enrollee appeals to the total number of appeals

5

filed.

6

     (17) Plans must demonstrate that:

7

     (i) They have reasonable access to providers, so that all covered health care services will

8

be provided. This requirement cannot be waived and must be met in all areas where the health plan

9

has enrollees;

10

     (ii) Urgent health care services, if covered, shall be available within a time frame that meets

11

standards set by the director.

12

     (18) A comprehensive list of participating providers listed by office location, specialty if

13

applicable, and other information as determined by the director, updated annually.

14

     (19) Plans must provide to the director, at intervals determined by the director, enrollee

15

satisfaction measures. The director is authorized to specify reasonable requirements for these

16

measures consistent with industry standards to assure an acceptable degree of statistical validity

17

and comparability of satisfaction measures over time and among plans. The director shall publish

18

periodic reports for the public providing information on health plan enrollee satisfaction.

19

     (c) Issuance of certification.

20

     (1) Upon receipt of an application for certification, the director shall notify and afford the

21

public an opportunity to comment upon the application.

22

     (2) A health care plan will meet the requirements of certification, subsection (b) by

23

providing information required in subsection (b) to any state or federal agency in conformance with

24

any other applicable state or federal law, or in conformity with standards adopted by an accrediting

25

organization provided that the director determines that the information is substantially similar to

26

the previously mentioned requirements and is presented in a format that provides a meaningful

27

comparison between health plans.

28

     (3) All health plans shall be required to establish a mechanism, under which providers,

29

including local providers participating in the plan, provide input into the plan's health care policy,

30

including technology, medications and procedures, utilization review criteria and procedures,

31

quality and credentialing criteria, and medical management procedures.

32

     (4) All health plans shall be required to establish a mechanism under which local individual

33

subscribers to the plan provide input into the plan's procedures and processes regarding the delivery

34

of health care services.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 22 of 58)

1

     (5) A health plan shall not refuse to contract with or compensate for covered services an

2

otherwise eligible provider or non-participating provider solely because that provider has in good

3

faith communicated with one or more of his or her patients regarding the provisions, terms or

4

requirements of the insurer's products as they relate to the needs of that provider's patients.

5

     (6) (i) All health plans shall be required to publicly notify providers within the health plans'

6

geographic service area of the opportunity to apply for credentials. This notification process shall

7

be required only when the plan contemplates adding additional providers and may be specific as to

8

geographic area and provider specialty. Any provider not selected by the health plan may be placed

9

on a waiting list.

10

     (ii) This credentialing process shall begin upon acceptance of an application from a

11

provider to the plan for inclusion.

12

     (iii) Each application shall be reviewed by the plan's credentialing body.

13

     (iv) All health plans shall develop and maintain credentialing criteria to be utilized in

14

adding providers from the plans' network. Credentialing criteria shall be based on input from

15

providers credentialed in the plan and these standards shall be available to applicants. When

16

economic considerations are part of the decisions, the criteria must be available to applicants. Any

17

economic profiling must factor the specialty utilization and practice patterns and general

18

information comparing the applicant to his or her peers in the same specialty will be made available.

19

Any economic profiling of providers must be adjusted to recognize case mix, severity of illness,

20

age of patients and other features of a provider's practice that may account for higher than or lower

21

than expected costs. Profiles must be made available to those so profiled.

22

     (7) A health plan shall not exclude a provider of covered services from participation in its

23

provider network based solely on:

24

     (i) The provider's degree or license as applicable under state law; or

25

     (ii) The provider of covered services lack of affiliation with, or admitting privileges at a

26

hospital, if that lack of affiliation is due solely to the provider's type of license.

27

     (8) Health plans shall not discriminate against providers solely because the provider treats

28

a substantial number of patients who require expensive or uncompensated medical care.

29

     (9) The applicant shall be provided with all reasons used if the application is denied.

30

     (10) Plans shall not be allowed to include clauses in physician or other provider contracts

31

that allow for the plan to terminate the contract "without cause"; provided, however, cause shall

32

include lack of need due to economic considerations.

33

     (11) (i) There shall be due process for non-institutional providers for all adverse decisions

34

resulting in a change of privileges of a credentialed non-institutional provider. The details of the

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 23 of 58)

1

health plan's due process shall be included in the plan's provider contracts.

2

     (ii) A health plan is deemed to have met the adequate notice and hearing requirement of

3

this section with respect to a non-institutional provider if the following conditions are met (or are

4

waived voluntarily by the non-institutional provider):

5

     (A) The provider shall be notified of the proposed actions and the reasons for the proposed

6

action.

7

     (B) The provider shall be given the opportunity to contest the proposed action.

8

     (C) The health plan has developed an internal appeals process that has reasonable time

9

limits for the resolution of an internal appeal.

10

     (12) If the plan places a provider or provider group at financial risk for services not

11

provided by the provider or provider group, the plan must require that a provider or group has met

12

all appropriate standards of the department of business regulation.

13

     (13) A health plan shall not include a most favored rate clause in a provider contract.

14

     23-17.13-4. Penalties and enforcement.

15

     (a) The director of the department of health may, in lieu of the suspension or revocation of

16

a license, levy an administrative penalty in an amount not less than five hundred dollars ($500) nor

17

more than fifty thousand dollars ($50,000), if reasonable notice, in writing, is given of the intent to

18

levy the penalty and the particular health organization has a reasonable time in which to remedy

19

the defect in its operations which gave rise to the penalty citation. The director of health may

20

augment this penalty by an amount equal to the sum that the director calculates to be the damages

21

suffered by enrollees or other members of the public.

22

     (b) Any person who knowingly and willfully violates this chapter shall be guilty of a

23

misdemeanor and may be punished by a fine not to exceed five hundred dollars ($500) or by

24

imprisonment for a period not exceeding one year, or both.

25

     (c) (1) If the director of health shall for any reason have cause to believe that any violation

26

of this chapter has occurred or is threatened, the director of health may give notice to the particular

27

health organization and to their representatives, or other persons who appear to be involved in the

28

suspected violation, to arrange a conference with the alleged violators or their authorized

29

representatives for the purpose of attempting to ascertain the facts relating to the suspected

30

violation, and, in the event it appears that any violation has occurred or is threatened, to arrive at

31

an adequate and effective means of correcting or preventing the violation;

32

     (2) Proceedings under this subsection shall be governed by chapter 35 of title 42.

33

     (d) (1) The director of health may issue an order directing a particular health organization

34

or a representative of that health organization to cease and desist from engaging in any act or

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 24 of 58)

1

practice in violation of the provisions of this chapter;

2

     (2) Within thirty (30) days after service of the order to cease and desist, the respondent may

3

request a hearing on the question of whether acts or practices in violation of this chapter have

4

occurred. Those hearings shall be conducted pursuant to §§ 42-35-9 through 42-35-13, and judicial

5

review shall be available as provided by §§ 42-35-15 and 42-35-16.

6

     (e) In the case of any violation of the provisions of this chapter, if the director of health

7

elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist

8

order issued pursuant to subsection (d), the director of health may institute a proceeding to obtain

9

injunctive relief, or seeking other appropriate relief, in the superior court for the county of

10

Providence.

11

     23-17.13-5. Severability.

12

     If any section, clause, or provision of this chapter shall be held either unconstitutional or

13

ineffective in whole or in part to the extent that it is not unconstitutional or ineffective, it shall be

14

valid and effective and no other section, clause or provision shall on account thereof be termed

15

invalid or ineffective.

16

     23-17.13-6. Contracts with providers for dental services.

17

     (a) No contract between a dental plan of a health care entity and a dentist for the provision

18

of services to patients may require that a dentist provide services to its subscribers at a fee set by

19

the health care entity unless said services are covered services under the applicable subscriber

20

agreement. "Covered services," as used herein, means services reimbursable under the applicable

21

subscriber agreement, subject to such contractual limitations on subscriber benefits as may apply,

22

including, for example, deductibles, waiting period or frequency limitations.

23

     (b) For the purposes of this section "dental plan" shall include any policy of insurance

24

which is issued by a health care entity which provides for coverage of dental services not in

25

connection with a medical plan.

26

     23-17.13-7. Contracts with providers and optometric services.

27

     (a) No contract between an eye care provider and a company offering accident and sickness

28

insurance as defined in chapter 18 of title 27; a nonprofit medical service corporation as defined in

29

chapter 20 of title 27; or a health maintenance organization as defined in chapter 41 of title 27; or

30

a vision plan, may require that an eye care provider provide services or materials to its subscribers

31

at a fee set by the insurer or vision plan unless the insurer or vision plan compensates the eye care

32

provider for the provision of such services or materials to the patient. Reimbursement paid by the

33

insurer or vision plan for covered services and materials shall not provide nominal reimbursement

34

in order to claim that services and materials are covered services.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 25 of 58)

1

     (b) (1) "Services" means services and materials for which reimbursement from the vision

2

plan is provided for by an enrollee's plan contract, or for which a reimbursement would be available

3

but for the application of the enrollee's contractual limitations of deductibles, copayments, or

4

coinsurance.

5

     (2) "Materials" means and includes, but is not limited to, lenses, devices containing lenses,

6

prisms, lens treatments and coatings, contact lenses, orthoptics, vision training, and prosthetic

7

devices to correct, relieve, or treat defects or abnormal conditions of the human eye or its adnexa.

8

     (3) "Eye care provider" means an optometrist, optician, or ophthalmologist.

9

     SECTION 3. Chapter 23-17.18 of the General Laws entitled "Health Plan Modification

10

Act" is hereby repealed in its entirety.

11

CHAPTER 23-17.18

12

Health Plan Modification Act

13

     23-17.18-1. Modification of health plans.

14

     (a) A health plan may materially modify the terms of a participating agreement it maintains

15

with a physician only if the plan disseminates in writing by mail to the physician the contents of

16

the proposed modification and an explanation, in nontechnical terms, of the modification's impact.

17

     (b) The health plan shall provide the physician an opportunity to amend or terminate the

18

physician contract with the health plan within sixty (60) days of receipt of the notice of

19

modification. Any termination of a physician contract made pursuant to this section shall be

20

effective fifteen (15) calendar days from the mailing of the notice of termination in writing by mail

21

to the health plan. The termination shall not affect the method of payment or reduce the amount of

22

reimbursement to the physician by the health plan for any patient in active treatment for an acute

23

medical condition at the time the patient's physician terminates his, her, or its physician contract

24

with the health plan until the active treatment is concluded or, if earlier, one year after the

25

termination; and, with respect to the patient, during the active treatment period the physician shall

26

be subject to all the terms and conditions of the terminated physician contract, including but not

27

limited to, all reimbursement provisions which limit the patient's liability.

28

     (c) Nothing in this section shall apply to accident-only, specified disease, hospital

29

indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health

30

insurance policies.

31

     SECTION 4. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by

32

adding thereto the following chapter:

33

CHAPTER 18.8

34

HEALTH CARE ACCESSIBILITY AND QUALITY ASSURANCE ACT

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 26 of 58)

1

     27-18.8-1. Purpose.

2

     The legislature declares that:

3

     (1) It is in the best interest of the public that those individuals and health care entities

4

involved with the delivery of health plan coverage in our state meet the standards of this chapter to

5

ensure accessibility and quality for the state's patients;

6

     (2) Nothing in this legislation is intended to prohibit a health care entity from forming

7

limited networks of providers; and

8

     (3) It is a vital state function to establish these standards for the conduct of health care

9

entities in Rhode Island and for public health well-being; and

10

     (4) Nothing in this chapter is intended to prohibit or discourage the health insurance

11

commissioner from consulting or collaborating with the department of health, or any other state or

12

federal agency, to the extent the commissioner in his or her discretion determines such consultation

13

and or collaboration is necessary and or appropriate for the administration and enforcement of this

14

chapter.

15

     27-18.8-2. Definitions.

16

     As used in this chapter:

17

     (1) "Adverse benefit determination" means a decision not to authorize a health care service,

18

including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole

19

or in part, for a benefit. A decision by a utilization review agent to authorize a health care service

20

in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute

21

an adverse determination if the review agent and provider are in agreement regarding the decision.

22

Adverse benefit determinations include:

23

     (i) "Administrative adverse benefit determinations," meaning any adverse benefit

24

determination that does not require the use of medical judgment or clinical criteria such as a

25

determination of an individual's eligibility to participate in coverage, a determination that a benefit

26

is not a covered benefit, or any rescission of coverage; and

27

     (ii) "Non-administrative adverse benefit determinations," meaning any adverse benefit

28

determination that requires or involves the use of medical judgement or clinical criteria to

29

determine whether the service reviewed is medically necessary and/or appropriate. This includes

30

the denial of treatments determined to be experimental or investigational, and any denial of

31

coverage of a prescription drug because that drug is not on the health care entity's formulary.

32

     (2) "Appeal" or "internal appeal" means a subsequent review of an adverse benefit

33

determination upon request by a claimant to include the beneficiary or provider to reconsider all or

34

part of the original adverse benefit determination.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 27 of 58)

1

     (3) "Authorized representative" means an individual acting on behalf of the beneficiary and

2

shall include the ordering provider, any individual to whom the beneficiary has given express

3

written consent to act on his or her behalf, a person authorized by law to provide substituted consent

4

for the beneficiary and, when the beneficiary is unable to provide consent, a family member of the

5

beneficiary.

6

     (4) "Beneficiary" means a policy holder subscriber, enrollee, or other individual

7

participating in a health benefit plan.

8

     (5) "Benefit determination" means a decision to approve or deny a request to provide or

9

make payment for a health care service.

10

     (6) "Certificate" means a certificate granted by the commissioner to a health care entity

11

meeting the requirements of this act.

12

     (7) "Commissioner" means the commissioner of the office of the health insurance

13

commissioner.

14

     (8) "Complaint" means an oral or written expression of dissatisfaction by a beneficiary,

15

authorized representative or provider. The appeal of an adverse benefit determination is not

16

considered a complaint.

17

     (9) "Delegate" means a person or entity authorized pursuant to a delegation of authority or

18

directly or re-delegation of authority, by a health care entity or network plan to perform one or

19

more of the functions and responsibilities of a health care entity and/or network plan set forth in

20

this Act or regulations or guidance promulgated thereunder.

21

     (10) "Emergency services" or "emergent services" means those resources provided in the

22

event of the sudden onset of a medical, behavioral health or other health condition that the absence

23

of immediate medical attention could reasonably be expected, by a prudent layperson, to result in

24

placing the patient's health in serious jeopardy, serious impairment to bodily or mental functions,

25

or serious dysfunction of any bodily organ or part.

26

     (11) "Health benefit plan" or "health plan" means a policy, contract, certificate or

27

agreement entered into, offered or issued by a health care entity to provide, deliver, arrange for,

28

pay for or reimburse any of the costs of health care services.

29

     (12) "Health care entity" means an insurance company licensed, or required to be licensed,

30

by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the

31

jurisdiction of the department of business regulation that contracts or offers to contract, or enters

32

into an agreement to provide, deliver, arrange for, pay for or reimburse any of the costs of health

33

care services, including without limitation, a for-profit or nonprofit hospital, medical or dental

34

service corporation or plan, a health maintenance organization, a health insurance company, or any

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 28 of 58)

1

other entity providing health insurance, accident and sickness insurance, health benefits or health

2

care services.

3

     (13) "Health care services" means and includes, but is not limited to, an admission,

4

diagnostic procedure, therapeutic procedure, treatment, extension of stay, the ordering and/or filling

5

of formulary or non-formulary medications, and any other medical, behavioral, dental, vision care

6

services, activities, or supplies that are covered by the beneficiary's health benefit plan.

7

     (14) "Most favored rate clause" means a provision in a provider contract whereby the rates

8

or fees to be paid by a health care entity are fixed, established, or adjusted to be equal to or lower

9

than the rates or fees paid to the provider by any other health care entity.

10

     (15) "Network" means the group or groups of participating providers providing health care

11

services under a network plan.

12

     (16) "Network Plan" means a health benefit plan or health plan that either requires a

13

beneficiary to use, or creates incentives, including financial incentives, for a beneficiary to use the

14

providers managed, owned, under contract with or employed by the health care entity.

15

     (17) "Office" means the office of the health insurance commissioner.

16

     (18) "Professional provider" means an individual provider or health care professional

17

licensed, accredited, or certified to perform specified health care services consistent with state law

18

and who provides these health care services and is not part of a separate facility or institutional

19

contract.

20

     (19) "Provider" means a physician, hospital, professional provider, pharmacy, laboratory,

21

dental, medical or behavioral health provider, or other state licensed or other state recognized

22

provider of health care or behavioral health services or supplies.

23

     (20) "Tiered network" means a network that identifies and groups some or all types of

24

providers into specific groups to which different provider reimbursement, beneficiary cost-sharing

25

or provider access requirements, or any combination thereof, apply for the same services.

26

     27-18.8-3. Certification of network plans.

27

     (a) Certification and Recertification Process.

28

     (1) A health care entity operating a network plan shall not enroll consumers into its plan

29

unless the office has certified the network plan meeting the requirements herein.

30

     (2) The commissioner shall act upon the health care entities' completed applications for

31

certification of network plans, as determined by the commissioner, within ninety (90) calendar days

32

of receipt of such applications for certification.

33

     (3) To ensure compliance, the commissioner shall establish procedures for the periodic

34

review and recertification of network plans at least every three (3) years provided, however, that

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 29 of 58)

1

the commissioner may review the certification a network plan at any time and/or may require

2

periodic compliance attestation from a health care entity if, in the commissioner's discretion, he or

3

she deems it appropriate to do so.

4

     (4) Cost of certification. The total cost of obtaining and maintaining a certificate under this

5

title and in compliance with the requirements of the applicable rules and regulations shall be borne

6

by the applicant and shall include one hundred fifty percent (150%) of the total salaries paid to the

7

personnel engaged in certifications and ensuring compliance with the requirements herein and the

8

applicable rules and regulations. These monies shall be paid to the commissioner to and for the use

9

of the office and shall be in addition to any taxes and fees otherwise payable to the state.

10

     (b) General requirements. The commissioner shall establish standards and procedures for

11

the certification of network plans that have demonstrated the ability to ensure that health care

12

services will be provided in a manner to assure availability and accessibility, adequate personnel

13

and facilities, and continuity of service, and have demonstrated arrangements for ongoing quality

14

assurance programs regarding care processes and outcomes. These standards shall consist of, but

15

are not limited to, the following:

16

     (1) As to each network plan, a health care entity must demonstrate it has a mechanism for

17

beneficiaries and providers to appeal and grieve decisions and actions of the network plan and/or

18

health care entity, including decisions or actions made by a delegate of the health care entity in

19

relation to the network plan;

20

     (2) As to each network plan, a health care entity must maintain a comprehensive list of

21

participating providers that meets the requirements herein and provides additional information

22

relevant to network adequacy;

23

     (3) In the event of any substantial systemic changes in the health care entity, network plan

24

or any relevant delegate's certification information on file with the office, the health care entity

25

shall submit notice and explanation of this change for approval by the commissioner at least thirty

26

(30) calendar days prior to implementation of any such change;

27

     (4) As to each network plan, a health care entity shall maintain a complaint resolution

28

process acceptable to the office, whereby beneficiaries, their authorized representatives, their

29

physicians, or other health care providers may seek resolution of complaints and other matters of

30

which the health care entity has received oral or written notice;

31

     (5) As to each network plan, a health care entity shall be required to establish a mechanism,

32

under which providers, including local providers participating in the network plans, provide input

33

into the plan's health care policy, including technology, medications and procedures, utilization

34

review criteria and procedures, quality and credentialing criteria, and medical management

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 30 of 58)

1

procedures;

2

     (6) As to each network plan, a health care entity shall be required to establish a mechanism

3

under which beneficiaries provide input into the health care entity's procedures and processes

4

regarding the delivery of health care services; and

5

     (7) As to each network plan, a health care entity must maintain a process, policies and

6

procedures for the modification of formularies to include notices to beneficiaries and providers

7

when formularies change in accordance with all state and federal laws.

8

     (c) Network requirements. For each network plan, health care entities must ensure the

9

following requirements are met:

10

     (1) Maintain access to professional, facility and other providers sufficient to provide

11

coverage in a timely manner, of the benefits covered in the network plan and in a manner to assure

12

that all covered services will be accessible without unreasonable delay;

13

     (2) Establish a process acceptable to the commissioner to monitor the status of each

14

network plan's network adequacy not less frequently than quarterly;

15

     (3) Establish and maintain a transition of care policy and process when a network has been

16

narrowed, tiered, and/or providers (facilities and professional) have terminated contracts with the

17

health care entity for that network plan;

18

     (4) Establish a mechanism to provide the beneficiaries and consumers with up to date

19

information on providers, in a form acceptable to the commissioner, to include:

20

     (i) Location by city, town, county;

21

     (ii) Specialty practice areas;

22

     (iii) Affiliations/Admission Privileges with facilities, including whether those facilities are

23

in-network facilities; and

24

     (iv) Whether the provider is accepting new patients.

25

     (d) Contracting and credentialing requirements.

26

     (1) A health care entity shall not refuse to contract with or compensate for covered services

27

an otherwise eligible provider or non-participating provider solely because that provider has, in

28

good faith, communicated with one or more of their patients regarding the provisions, terms, or

29

requirements of the health care entity's products as they relate to the needs of that provider's

30

patients.

31

     (2) The health care entity or network plan provider contracting and credentialing process

32

shall include the following:

33

     (i) This credentialing process shall begin upon acceptance of a completed application from

34

a provider to the health care entity or network plan for inclusion;

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 31 of 58)

1

     (ii) Each application shall be reviewed by the health care entity's or network plan's

2

credentialing body; and

3

     (iii) All health care entities or network plans shall develop and maintain credentialing

4

criteria to be utilized in adding to provider networks. Credentialing criteria shall be based on input

5

from providers credentialed in the health care entity or network plan and these standards shall be

6

available to applicants. When economic considerations are part of the decisions, the criteria must

7

be available to applicants. Any economic profiling must factor the specialty, utilization and practice

8

patterns and general information comparing the applicant to their peers in the same specialty will

9

be made available. Any economic profiling of providers must be adjusted to recognize case mix,

10

severity of illness, age of patients and other features of a provider's practice that may account for

11

higher than or lower than expected costs. Profiles must be made available to those so profiled.

12

     (3) A health care entity or network plan shall not exclude a professional provider of covered

13

services from participation in its provider network based solely on:

14

     (i) The professional provider's degree or license as applicable under state law; or

15

     (ii) The professional provider of covered services lack of affiliation with, or admitting

16

privileges at a hospital, if that lack of affiliation is due solely to the professional provider's type of

17

license.

18

     (4) As to any network plan, health care entities shall not discriminate against providers

19

solely because the provider treats a substantial number of patients who require expensive or

20

uncompensated medical care.

21

     (5) The applicant shall be provided with all reasons used if the application is denied.

22

     (6) Health care entities or network plans shall not be allowed to include clauses in physician

23

or other provider contracts that allow for the health care entity or network plan to terminate the

24

contract "without cause"; provided, however, cause shall include lack of need due to economic

25

considerations.

26

     (7) There shall be due process for professional providers for all adverse decisions resulting

27

in a change of privileges or contractual language of a credentialed professional provider.

28

     (i) The details of the health care entity or network plan's due process shall be included in

29

the professional provider contracts.

30

     (ii) A health care entity or network plan is deemed to have met the adequate notice and

31

hearing requirement of this section with respect to a professional provider if the following

32

conditions are met (or are waived voluntarily by the professional provider):

33

     (A) The professional provider shall be notified of the proposed actions and the reasons for

34

the proposed action;

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 32 of 58)

1

     (B) The professional provider shall be given the opportunity to contest the proposed action;

2

and

3

     (C) The health care entity has developed an appeals process that has reasonable time limits

4

for the resolution of the appeal.

5

     (8) A health care entity or network plan shall not include a most favored rate clause in a

6

provider contract.

7

     (9) A health entity or network plan may materially modify the terms of a participating

8

agreement it maintains with a professional provider only if it disseminates, in writing, by mail or

9

by electronic means to the professional provider, the contents of the proposed modification and an

10

explanation, in non-technical terms, of the modification's impact.

11

     (10) The health care entity or network plan shall provide the professional provider an

12

opportunity to amend or terminate the professional provider contract within sixty (60) calendar

13

days of receipt of the notice of modification. Any termination of a professional provider contract

14

made pursuant to this section shall be effective fifteen (15) calendar days from the mailing of the

15

notice of termination, in writing, by mail to the health care entity or network plan. The termination

16

shall not affect the method of payment or reduce the amount of reimbursement to the professional

17

provider by the health care entity or network plan for any beneficiary in active treatment for an

18

acute medical condition at the time the beneficiary's professional provider terminates their

19

professional provider contract with the health care entity or network plan until the active treatment

20

is concluded or, if earlier, one year after the termination; and, with respect to the beneficiary, during

21

the active treatment period the professional provider shall be subject to all the terms and conditions

22

of the terminated professional provider contract, including, but not limited to, all reimbursement

23

provisions which limit the beneficiary's liability.

24

     27-18.8-4. Contracts with providers for dental services.

25

     (a) No contract between a dental plan of a health care entity and a dentist for the provision

26

of services to beneficiaries may require that a dentist provide services to its patients at a fee set by

27

the health care entity unless said services are covered services under the applicable subscriber

28

agreement. "Covered services," as used herein, means services reimbursable under the applicable

29

beneficiary agreement, subject to such contractual limitations on beneficiary benefits as may apply,

30

including, for example, deductibles, waiting period or frequency limitations.

31

     27-18.8-5. Contracts with providers and optometric services.

32

     (a) No contract between an eye care provider and a health care entity or vision plan may

33

require that an eye care provider provide services or materials to its beneficiaries at a fee set by the

34

insurer or vision plan, unless the insurer or vision plan compensates the eye care provider for the

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 33 of 58)

1

provision of such services or materials to the beneficiary. Reimbursement paid by the insurer or

2

vision plan for covered services and materials shall not provide nominal reimbursement in order to

3

claim that services and materials are covered services.

4

     (b)(1) "Services" means services and materials for which reimbursement from the vision

5

plan is provided for by a beneficiary's plan contract, or for which a reimbursement would be

6

available but for the application of the beneficiary's contractual limitations of deductibles,

7

copayments, or coinsurance.

8

     (2) "Materials" means and includes, but is not limited to, lenses, devices containing lenses,

9

prisms, lens treatments and coatings, contact lenses, orthoptics, vision training, and prosthetic

10

devices to correct, relieve, or treat defects or abnormal conditions of the human eye or its adnexa.

11

     (3) "Eye care provider" means an optometrist, optician, or ophthalmologist.

12

     27-18.8-6. Reporting requirements.

13

     The office shall establish reporting requirements to determine if health care entities and/or

14

network plans are in compliance with the provisions of this chapter and applicable regulations as

15

well as in compliance with applicable federal law.

16

     27-18.8-7. Rules and regulations.

17

     The health insurance commissioner may promulgate such rules and regulations as are

18

necessary and proper to effectuate the purpose and for the efficient administration and enforcement

19

of this chapter.

20

     27-18.8-8. Denial, suspension, or revocation of certificate.

21

     Adopted pursuant to this chapter;

22

     (1) The office may deny a certificate or certification upon review of the application if, upon

23

review of the application, it finds that the applicant proposing to establish a network plan does not

24

meet the standards required by this chapter or by any regulations promulgated pursuant to this

25

chapter.

26

     (2) The office may revoke or suspend a certificate or certification and/or impose monetary

27

penalties not less than one hundred dollars ($100) and not to exceed fifty thousand dollars ($50,000)

28

per violation and/or impose an order requiring a monetary restitution or disgorgement payment in

29

an amount determined by the commissioner to reasonably reflect the amount of damages caused or

30

monies improperly obtained in any case in which:

31

     (1) The network plan and or health care entity fails to comply with the requirements of this

32

chapter or of regulations;

33

     (2) The network plan and or health care entity fails to comply with the criteria used by it

34

in its application for a certificate or certification; or

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 34 of 58)

1

     (3) The network plan and/or health care entity refuses to permit or fails to reasonably

2

cooperate with an examination by the commissioner to determine compliance with the requirements

3

of this chapter and regulations promulgated pursuant to the authority granted to the commissioner

4

in this chapter. These determinations may involve consideration of any written grievances filed

5

with the office against the network plan or health care entity by patients or providers.

6

     (c) Any applicant for certification or certificate holder aggrieved by an order or a decision

7

of the commissioner made under this chapter without a hearing may, within thirty (30) days after

8

notice of the order or decision, make a written request to the office for a hearing on the order or

9

decision pursuant to §42-35-15.

10

     (d) The procedure governing hearings authorized by this section shall be in accordance

11

with §§42-35-9 through 42-35-13 as stipulated in §42-35-14(a). A full and complete record shall

12

be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless

13

the decision is appealed pursuant to §42-35-15. A copy or copies of the transcript may be obtained

14

by any interested party upon payment of the cost of preparing the copy or copies. Witnesses may

15

be subpoenaed by either party.

16

     27-18.8-9. Penalties and enforcement.

17

     For the purposes of this chapter, in addition to the provisions of §27-18.8-8, a health care

18

entity or any person or entity conducting any activities requiring certification under this chapter

19

shall be subject to the penalty and enforcement provisions of title 27 and chapters 14 and 14.5 of

20

title 42 and the regulations promulgated thereunder in the same manner as a licensee or any person

21

or entity conducting any activities requiring licensure or certification under title 27.

22

     27-18.8-10. Severability.

23

     If any section, clause, or provision of this chapter shall be held either unconstitutional or

24

ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be

25

valid and effective and no other section, clause or provision shall on account thereof be termed

26

invalid or ineffective.

27

     SECTION 5. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by

28

adding thereto the following chapter:

29

CHAPTER 18.9

30

BENEFIT DETERMINATION AND UTILIZATION REVIEW ACT

31

     27-18.9-1. Purpose of chapter.

32

     (a) The purpose of this chapter is to:

33

     (1) Promote the delivery of quality health care in a cost effective manner;

34

     (2) Foster greater coordination between health care providers, patients, health care entities,

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 35 of 58)

1

health benefit plans and utilization review entities to ensure public health well-being;

2

     (3) Protect beneficiaries, businesses, and providers by ensuring that review agents are

3

qualified to perform review activities and to make informed decisions on the medical necessity and

4

appropriateness of medical care;

5

     (4) Ensure that review agents maintain the confidentiality of medical records in accordance

6

with applicable state and federal laws; and

7

     (5) Interface and maintain compliance with federal benefit determination and adverse

8

benefit determination requirements.

9

     (b) Nothing in this chapter is intended to prohibit or discourage the health insurance

10

commissioner from consulting or collaborating with the department of health, or any other state or

11

federal agency, to the extent the commissioner in his or her discretion determines such consultation

12

and or collaboration is necessary and or appropriate for the administration and enforcement of this

13

chapter.

14

     27-18.9-2. Definitions.

15

     As used in this chapter, the following terms are defined as follows:

16

     (1) "Adverse benefit determination" means a decision not to authorize a health care service,

17

including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole

18

or in part, for a benefit. A decision by a utilization review agent to authorize a health care service

19

in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute

20

an adverse determination if the review agent and provider are in agreement regarding the decision.

21

Adverse benefit determinations include:

22

     (i) "Administrative adverse benefit determinations," meaning any adverse benefit

23

determination that does not require the use of medical judgment or clinical criteria such as a

24

determination of an individual's eligibility to participate in coverage, a determination that a benefit

25

is not a covered benefit, or any rescission of coverage; and

26

     (ii) "Non-administrative adverse benefit determinations," meaning any adverse benefit

27

determination that requires or involves the use of medical judgement or clinical criteria to

28

determine whether the service being reviewed is medically necessary and/or appropriate. This

29

includes the denial of treatments determined to be experimental or investigational, and any denial

30

of coverage of a prescription drug because that drug is not on the health care entity's formulary.

31

     (2) "Appeal" or "internal appeal" means a subsequent review of an adverse benefit

32

determination upon request by a claimant to include the beneficiary or provider to reconsider all or

33

part of the original adverse benefit determination.

34

     (3) "Authorization" means a review by a review agent, performed according to this Act,

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 36 of 58)

1

concluding that the allocation of health care services ordered by a provider, given or proposed to

2

be given to a beneficiary, was approved or authorized.

3

     (4) "Authorized representative" means an individual acting on behalf of the beneficiary and

4

shall include the ordering provider, any individual to whom the beneficiary has given express

5

written consent to act on his or her behalf, a person authorized by law to provide substituted consent

6

for the beneficiary and, when the beneficiary is unable to provide consent, a family member of the

7

beneficiary.

8

     (5) "Beneficiary" means a policy holder subscriber, enrollee or other individual

9

participating in a health benefit plan.

10

     (6) "Benefit determination" means a decision to approve or deny a request to provide or

11

make payment for a health care service or treatment.

12

     (7) "Certificate" means a certificate granted by the commissioner to a review agent meeting

13

the requirements of this act.

14

     (8) "Claim" means a request for plan benefit(s) made by a claimant in accordance with the

15

health care entity's reasonable procedures for filing benefit claims. This shall include pre-service,

16

concurrent and post-service claims.

17

     (9) "Claimant" means a health care entity participant, beneficiary, and/or authorized

18

representative who makes a request for plan benefit(s).

19

     (10) "Commissioner" means the health insurance commissioner.

20

     (11) "Complaint" means an oral or written expression of dissatisfaction by a beneficiary,

21

authorized representative, or a provider. The appeal of an adverse benefit determination is not

22

considered a complaint.

23

     (12) "Concurrent assessment" means an assessment of health care services conducted

24

during a beneficiary's hospital stay, course of treatment or services over a period of time or for the

25

number of treatments. If the medical problem is ongoing, this assessment may include the review

26

of services after they have been rendered and billed.

27

     (13) "Concurrent claim" means a request for a plan benefit(s) by a claimant that is for an

28

ongoing course of treatment or services over a period of time or for the number of treatments.

29

     (14) "Delegate" means a person or entity authorized pursuant to a delegation of authority

30

or re-delegation of authority, by a health care entity or network plan to perform one or more of the

31

functions and responsibilities of a health care entity and/or network plan set forth in this Act or

32

regulations or guidance promulgated thereunder.

33

     (15) "Emergency services" or "emergent services" means those resources provided in the

34

event of the sudden onset of a medical, behavioral health or other health condition that the absence

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 37 of 58)

1

of immediate medical attention could reasonably be expected, by a prudent layperson, to result in

2

placing the patient's health in serious jeopardy, serious impairment to bodily or mental functions,

3

or serious dysfunction of any bodily organ or part.

4

     (16) "External review" means a review of a non-administrative adverse benefit

5

determination (including final internal adverse benefit determination) conducted pursuant to an

6

applicable external review process performed by an Independent Review Organization

7

     (17) "Final internal adverse benefit determination" means an adverse benefit determination

8

that has been upheld by a plan or issuer at the completion of the internal appeals process or when

9

the internal appeals process has been deemed exhausted as defined in §27-18.9-7(b)(1) of this act.

10

     (18) "External review decision" means a determination by an independent review

11

organization at the conclusion of the external review.

12

     (19) "Health benefit plan" or "health plan" means a policy, contract, certificate or

13

agreement entered into, offered or issued by a health care entity to provide, deliver, arrange for,

14

pay for or reimburse any of the costs of health care services.

15

     (20) "Health care entity" means an insurance company licensed, or required to be licensed,

16

by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the

17

jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts

18

or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for or

19

reimburse any of the costs of health care services, including without limitation, a for-profit or

20

nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization,

21

a health insurance company, or any other entity providing a plan of health insurance, accident and

22

sickness insurance, health benefits or health care services.

23

     (21) "Health care services" means and includes, but is not limited to, an admission,

24

diagnostic procedure, therapeutic procedure, treatment, extension of stay, the ordering and/or filling

25

of formulary or non-formulary medications, and any other medical, behavioral, dental, vision care

26

services, activities, or supplies that are covered by the beneficiary's health benefit plan.

27

     (22) "Independent review organization" or "IRO" means an entity that conducts

28

independent external reviews of adverse benefit determinations or final internal adverse benefit

29

determinations.

30

     (23) "Network" means the group or groups of participating providers providing health care

31

services under a network plan.

32

     (24) "Network plan" means a health benefit plan or health plan that either requires a

33

beneficiary to use, or creates incentives, including financial incentives, for a beneficiary to use the

34

providers managed, owned, under contract with or employed by the health care entity.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 38 of 58)

1

     (25) "Office" means the office of the health insurance commissioner.

2

     (26) "Professional provider" means an individual provider or health care professional

3

licensed, accredited, or certified to perform specified health care services consistent with state law

4

and who provides health care services and is not part of a separate facility or institutional contract.

5

     (27) "Prospective assessment" and/or "pre-service assessment" mean an assessment of

6

health care services prior to services being rendered.

7

     (28) "Pre-service claim" means the request for a plan benefit(s) by a claimant prior to a

8

services being rendered and is not considered a concurrent claim.

9

     (29) "Provider" means a physician, hospital, professional provider, pharmacy, laboratory,

10

dental, medical or behavioral health provider or other state licensed or other state recognized

11

provider of health care or behavioral health services or supplies.

12

     (30) "Retrospective assessment" and/or "post service assessment" means an assessment of

13

health care services that have been rendered. This shall not include reviews conducted when the

14

review agency has been obtaining ongoing information.

15

     (31) "Retrospective claim" or "post-service claim" means any claim for a health plan

16

benefit that is not a pre-service or concurrent claim.

17

     (32) "Review agent" means a person or health care entity performing benefit determination

18

reviews that is either employed by, affiliated with, under contract with, or acting on behalf of a

19

health care entity.

20

     (33) "Same or similar specialty" means a practitioner who has the appropriate training and

21

experience that is the same or similar as the attending provider in addition to experience in treating

22

the same problems to include any potential complications as those under review.

23

     (34) "Therapeutic interchange" means the interchange or substitution of a drug with a

24

dissimilar chemical structure within the same therapeutic or pharmacological class that can be

25

expected to have similar outcomes and similar adverse reaction profiles when given in equivalent

26

doses, in accordance with protocols approved by the president of the medical staff or medical

27

director and the director of pharmacy.

28

     (35) "Tiered network" means a network that identifies and groups some or all types of

29

providers into specific groups to which different provider reimbursement, beneficiary cost-sharing

30

or provider access requirements, or any combination thereof, apply for the same services.

31

     (36) "Urgent health care services" includes those resources necessary to treat a

32

symptomatic medical, mental health, substance use or other health care condition that a prudent

33

layperson, acting reasonably would believe necessitates treatment within a twenty-four (24) hour

34

period of the onset of such a condition in order that the patient's health status not decline as a

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 39 of 58)

1

consequence. This does not include those conditions considered to be emergent health care services

2

as defined in in this section.

3

     (37) "Utilization review" means the prospective, concurrent, or retrospective assessment

4

of the medical necessity and/or appropriateness of the allocation of health care services of a

5

provider, given or proposed to be given, to a beneficiary. Utilization review does not include:

6

     (i) The therapeutic interchange of drugs or devices by a pharmacy operating as part of a

7

licensed inpatient health care facility; or

8

     (ii) The assessment by a pharmacist licensed pursuant to the provisions of chapter 19 of

9

title 5, and practicing in a pharmacy operating as part of a licensed inpatient health care facility, in

10

the interpretation, evaluation and implementation of medical orders, including assessments and/or

11

comparisons involving formularies and medical orders.

12

     (38) "Utilization review plan" means a description of the standards governing utilization

13

review activities performed by a review agent.

14

     27-18.9-3. Certification and recertification of review agents.

15

     (a) A review agent shall not conduct benefit determination reviews in the state unless the

16

office has granted the review agent a certificate.

17

     (b) Individuals shall not be required to hold a separate review agent certification under this

18

chapter when acting as either an employee of, an affiliate of, a contractor for, or otherwise acting

19

on behalf of a certified review agent.

20

     (c) The commissioner shall establish a process for the certification of review agents

21

meeting the requirements of certification.

22

     (d) The commissioner shall establish procedures for the periodic review and recertification

23

of review agents at least every three (3) years.

24

     (e) A certificate issued under this chapter is not transferable, and the transfer of fifty percent

25

(50%) or more of the ownership of a review agent shall be deemed a transfer.

26

     (f) The office shall issue a review agent certificate to an applicant that has met the minimum

27

standards defined in this chapter, and regulations promulgated in accordance with it, including the

28

payment of any fees as required, and other applicable regulations of the office.

29

     (g) In the event of any systemic changes in the review agent certification information on

30

file with the office, the review agent shall submit notice and explanation of this change for approval

31

by the commissioner at least thirty (30) calendar days prior to implementation of any such change.

32

     (h) The total cost of obtaining and maintaining a review agent certification under this title

33

and in compliance with the requirements of the applicable rules and regulations shall be borne by

34

the applicant and shall include one hundred fifty percent (150%) of the total salaries paid to the

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 40 of 58)

1

personnel engaged in certifications and ensuring compliance with the requirements herein and

2

applicable rules and regulations. These monies shall be paid to the commissioner to and for the use

3

of the office and shall be in addition to any taxes and fees otherwise payable to the state.

4

     (i) Notwithstanding any other provision of law, the review agent, the office, and all other

5

parties privy to information which is the subject of this chapter shall comply with all state and

6

federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 (confidentiality of

7

health care communications and information act) and specifically §5-37.3-4(c), which requires

8

limitation on the distribution of information which is the subject of this chapter on a "need to know"

9

basis, and §40.1-5-26.

10

     (j) The office may, in response to a complaint or inquiry, review a benefit determination or

11

appeal and may request information of the review agent, provider or beneficiary regarding the

12

status, outcome or rationale regarding any decision. The review agent shall promptly respond to

13

any such requests by the office.

14

     (k) The office shall adopt regulations necessary to implement the provisions of this chapter.

15

     27-18.9-4. Application requirements.

16

     An application for review agent certification or recertification shall include, but is not

17

limited to, documentation to evidence the following:

18

     (a) Administrative and Non-Administrative Benefit Determinations:

19

     (1) That the health care entity or its review agent provide beneficiaries and providers with

20

a summary of its benefit determination review programs and adverse benefit determination criteria

21

in a manner acceptable to the commissioner that includes a summary of the standards, procedures

22

and methods to be used in evaluating proposed, concurrent or delivered health care services;

23

     (2) The circumstances, if any, under which review agent may be delegated to and evidence

24

that the delegated review agent is a certified review agent pursuant to the requirements of this act;

25

     (3) A complaint resolution process acceptable to the commissioner, whereby beneficiaries

26

or other health care providers may seek resolution of complaints and other matters of which the

27

review agent has received notice;

28

     (4) Policies and procedures to ensure that all applicable state and federal laws to protect

29

the confidentiality of individual medical records are followed;

30

     (5) Requirements that no employee of, or other individual rendering an adverse benefit

31

determination or appeal decision may receive any financial or other incentives based upon the

32

number of denials of certification made by that employee or individual;

33

     (6) Evidence that the review agent has not entered into a compensation agreement or

34

contract with its employees or agents whereby the compensation of its employees or its agents is

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 41 of 58)

1

based, directly or indirectly, upon a reduction of services or the charges for those services, the

2

reduction of length of stay, or use of alternative treatment settings;

3

     (7) An adverse benefit determination and internal appeals process consistent with chapter

4

18.9 of title 27 and acceptable to the office, whereby beneficiaries, their physicians, or other health

5

care service providers may seek prompt reconsideration or appeal of adverse benefit determinations

6

by the review agent according to all state and federal requirements; and

7

     (8) That the health care entity or its review agent has a mechanism to provide the

8

beneficiary or claimant with a description of its claims procedures and any procedures for obtaining

9

approvals as a prerequisite for obtaining a benefit or for obtaining coverage for such benefit. This

10

description should at a minimum be placed in the summary of benefits document and available on

11

the review agent's or the relevant health care entity's website and upon request from the claimant,

12

his/her authorized representative and ordering providers.

13

     (b) Non-administrative benefit determinations general requirements:

14

     (1) Type and qualifications of personnel (employed or under contract) authorized to

15

perform utilization review, including a requirement that only a provider with the same license status

16

as the ordering professional provider or a licensed physician or dentist, is permitted to make a

17

prospective or concurrent utilization review adverse benefit determinations;

18

     (2) Requirement that a representative of the utilization review agent is reasonably

19

accessible to beneficiaries and providers at least five (5) days a week during normal business hours

20

in Rhode Island and during the hours of the agency's operations when conducting utilization review;

21

     (3) Policies and procedures regarding the notification and conduct of patient interviews by

22

the utilization review agent to include a process and assurances that such interviews do not disrupt

23

care; and

24

     (4) Requirement that the utilization review agent shall not impede the provision of health

25

care services for treatment and/or hospitalization or other use of a provider's services or facilities

26

for any beneficiary.

27

     27-18.9-5. Administrative and non-administrative benefit determination procedural

28

requirements.

29

     (a) Procedural failure by claimant.

30

     (1) In the event of the failure of claimant or an authorized representative to follow the

31

health care entities claims procedures for a pre-service claim the health care entity or its review

32

agent must:

33

     (i) Notify claimant or the authorized representative, as appropriate, of this failure as soon

34

as possible and no later than five (5) calendar days following the failure and this notification must

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 42 of 58)

1

also inform claimant of the proper procedures to file a pre-service claim; and

2

     (ii) Notwithstanding the above, if the pre-service claim relates to urgent or emergent health

3

care services, the health care entity or its review agent must notify and inform claimant or the

4

authorized representative, as appropriate, of the failure and proper procedures within twenty-four

5

(24) hours following the failure. Notification may be oral, unless written notification is requested

6

by the claimant or authorized representative.

7

     (2) Claimant must have stated name, specific medical condition or symptom and specific

8

treatment, service, or product which approval is requested and submitted to proper claim processing

9

unit.

10

     (b) Utilization review agent procedural requirements:

11

     (1) All initial, prospective, and concurrent non-administrative adverse benefit

12

determinations of a health care service that had been ordered by a physician, dentist or other

13

practitioner shall be made, documented, and signed by a licensed practitioner with the same

14

licensure status as the ordering provider;

15

     (2) Utilization review agents are not prohibited from allowing appropriately qualified

16

review agency staff from engaging in discussions with the attending provider, the attending

17

provider's designee or appropriate health care facility and office personnel regarding alternative

18

service and/or treatment options. Such a discussion shall not constitute an adverse benefit

19

determination; provided, however, that any change to the attending provider's original order and/or

20

any decision for an alternative level of care must be made and/or appropriately consented to by the

21

attending provider or the provider's designee responsible for treating the beneficiary and must be

22

documented by the review agent; and

23

     (3) A utilization review agent shall not retrospectively deny authorization for health care

24

services provided to a covered person when an authorization has been obtained for that service

25

from the review agent unless the approval was based upon inaccurate information material to the

26

review or the health care services were not provided consistent with the provider's submitted plan

27

of care and/or any restrictions included in the prior approval granted by the review agent.

28

     27-18.9-6. Non-administrative benefit determination notifications.

29

     (a) Benefit determination notification timelines. A health care entity and/or its review agent

30

shall comply with the following:

31

     (1) For urgent or emergent health care services benefit determinations (adverse or non-

32

adverse) shall be made as soon as possible taking into account exigencies but not later than 72 hours

33

after receipt of the claim.

34

     (2) For concurrent claims (adverse or non-adverse), no later than twenty-four (24) hours

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 43 of 58)

1

after receipt of the claim and prior to the expiration of the period of time or number of treatments.

2

The claim must have been made to the health care entity or review agent at least twenty-four (24)

3

hours prior to the expiration of the period of time or number of treatments.

4

     (3) For pre-service claims (adverse or non-adverse), within a reasonable period of time

5

appropriate to the medical circumstances, but not later than fifteen (15) calendar days after the

6

receipt of the claim. This may be extended up to fifteen (15) additional calendar days if required

7

by special circumstances and claimant is noticed within the first fifteen (15) calendar-day period.

8

     (4) For post-service claims adverse benefit determination no later than thirty (30) calendar

9

days after the receipt of the claim. This may be extended for fifteen (15) calendar days if

10

substantiated and claimant is noticed within the first thirty (30) calendar day period.

11

     (5) Provision in the event of insufficient information from a claimant.

12

     (i) For urgent or emergent care, the health care entity or review agent must notify claimant

13

as soon as possible, depending on exigencies, but no later than twenty-four (24) hours after receipt

14

of claim giving specifics as to what information is needed. The health care entity or review agent

15

must allow claimant at least forty-eight (48) hours to send additional information. The health care

16

entity or review agent must provide benefit determination as soon as possible and no later than

17

forty-eight (48) hours after receipt of necessary additional information or end of period afforded to

18

the claimant to provide additional information, whichever is earlier.

19

     (ii) For pre-service and post-service claims the notice by the health care entity or review

20

agent must include what specific information is needed. The claimant has forty-five (45) calendar

21

days from receipt of notice to provide information.

22

     (iii) Timelines for decisions, in the event of insufficient information, are paused from the

23

date on which notice is sent to the claimant and restarted when the claimant responds to the request

24

for information.

25

     (b) Adverse benefit determination notifications form and content requirements. Health care

26

entities and review agents shall comply with form and content notification requirements, to include

27

the following:

28

     (1) Notices may be written or electronic with reasonable assurance of receipt by claimant

29

unless urgent or emergent. When urgent or emergent, oral notification is acceptable, absent a

30

specific request by claimant for written or electronic notice written, followed by written or

31

electronic notification within three (3) calendar days.

32

     (2) Notification content shall:

33

     (i) Be culturally and linguistically appropriate;

34

     (ii) Provide details of a claim that is being denied to include date of service, provider,

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 44 of 58)

1

amount of claim, a statement describing the availability, upon request, of the diagnosis code and

2

its corresponding meaning, and the treatment code and its corresponding meaning as applicable.

3

     (iii) Give specific reason or reasons for the adverse benefit determination;

4

     (iv) Include the reference(s) to specific health benefit plan or review agent provisions,

5

guideline, protocol or criterion on which the adverse benefit determination is based;

6

     (v) If the decision is based on medical necessity, clinical criteria or experimental treatment

7

or similar exclusion or limit, then notice must include the scientific or clinical judgment for the

8

adverse determination;

9

     (vi) Provide information for the beneficiary as to how to obtain copies of any and all

10

information relevant to denied claim free of charge;

11

     (vii) Describe the internal and external appeal processes, as applicable, to include all

12

relevant review agency contacts and OHIC's consumer assistance program information;

13

     (viii) Clearly state timeline that the claimant has at least one hundred eighty (180) calendar

14

days following the receipt of notification of an adverse benefit determination to file an appeal; and

15

     (ix) Be written in a manner to convey clinical rational in lay person terms when appropriate

16

based on clinical condition and age and in keeping with federal and state laws and regulations.

17

     27-18.9-7. Internal appeal procedural requirements.

18

     (a) Administrative and non-administrative appeals. The review agent shall conform to the

19

following for the internal appeal of administrative or non-administrative adverse benefit

20

determinations:

21

     (1) The review agent shall maintain and make available a written description of its appeal

22

procedures by which either the beneficiary or the provider of record may seek review of

23

determinations not to authorize health care services.

24

     (2) The process established by each review agent may include a reasonable period within

25

which an appeal must be filed to be considered and that period shall not be less than one hundred

26

eighty (180) calendar days after receipt of the adverse benefit determination notice.

27

     (3) During the appeal, a review agent may utilize a reconsideration process in assessing an

28

adverse benefit determination. If utilized, the review agent shall develop a reasonable

29

reconsideration and appeal process, in accordance with this section. For non-administrative adverse

30

benefit determinations, the period for the reconsideration may not exceed fifteen (15) days from

31

the date the request for reconsideration or appeal is received. The review agent shall notify the

32

beneficiary and/or provider of the reconsideration determination with the form and content

33

described in §27-18.9-6(b), as appropriate. Following the decision on reconsideration, the

34

beneficiary and/or provider shall have a period of forty-five (45) calendar days during which the

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 45 of 58)

1

beneficiary and/or provider may request an appeal of the reconsideration decision and/or submit

2

additional information.

3

     (4) Prior to a final internal appeal decision, the review agent must allow the claimant to

4

review the entire adverse determination and appeal file and allow the claimant to present evidence

5

and/or additional testimony as part of the internal appeal process.

6

     (5) A review agent is only entitled to request and review information or data relevant to the

7

benefit determination and utilization review processes.

8

     (6) The review agent shall maintain records of written adverse benefit determinations,

9

reconsiderations, appeals and their resolution, and shall provide reports as requested by the office.

10

     (7)(i) The review agent shall notify, in writing, the beneficiary and/or provider of record of

11

its decision on the administrative appeal in no case later than thirty (30) calendar days after receipt

12

of the request for the review of an adverse benefit determination for pre-service claims, and sixty

13

(60) days for post-service claims, commensurate with §§29 CFR 2560.503-1(i)(2)(ii) and (iii).

14

     (ii) The review agent shall notify, in writing, the beneficiary and provider of record of its

15

decision on the non-administrative appeal as soon as practical considering medical circumstances,

16

but in no case later than thirty (30) calendar days after receipt of the request for the review of an

17

adverse benefit determination, inclusive of the period to conduct the reconsideration, if any. The

18

timeline for decision on appeal is paused from the date on which the determination on

19

reconsideration is sent to the beneficiary and/or provider and restarted when the beneficiary and/or

20

provider submits additional information and/or a request for appeal of the reconsideration decision.

21

     (8) The review agent shall also provide for an expedited appeal process for urgent and

22

emergent situations taking into consideration medical exigencies. Notwithstanding any other

23

provision of this chapter, each review agent shall complete the adjudication of expedited appeals,

24

including notification of the beneficiary and provider of record of its decision on the appeal, not

25

later than seventy-two (72) hours after receipt of the claimant's request for the appeal of an adverse

26

benefit determination.

27

     (9) Benefits for an ongoing course of treatment cannot be reduced or terminated without

28

providing advance notice and an opportunity for advance review. The review agent or health care

29

entity is required to continue coverage pending the outcome of an appeal.

30

     (10) A review agent may not disclose or publish individual medical records or any

31

confidential information obtained in the performance of benefit determination or utilization review

32

activities. A review agent shall be considered a third-party health insurer for the purposes of §5-

33

37.3-6(b)(6) and shall be required to maintain the security procedures mandated in §5-37.3-4(c).

34

     (b) Non-administrative appeals. In addition to §27-18.9-7(a) utilization review agents shall

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 46 of 58)

1

conform to the following for its internal appeals adverse benefit determinations:

2

     (1) A claimant is deemed to have exhausted the internal claims appeal process when the

3

utilization review agent or health care entity fails to strictly adhere to all benefit determination and

4

appeal processes with respect to a claim. In this case the claimant may initiate an external appeal

5

or remedies under 502(a) of ERISA or other state and federal law, as applicable.

6

     (2) No reviewer under this section, who has been involved in prior reviews or in the adverse

7

benefit determination under appeal or who has participated in the direct care of the beneficiary,

8

may participate in reviewing the case under appeal.

9

     (3) All internal level appeals of utilization review determinations not to authorize a health

10

care service that had been ordered by a physician, dentist, or other provider shall be made according

11

to the following:

12

     (i) The reconsideration decision of a non-administrative adverse benefit determination shall

13

not be made until the utilization review agent's professional provider with the same licensure status

14

as typically manages the condition, procedure, treatment or requested service under discussion has

15

spoken to, or otherwise provided for, an equivalent two (2)-way direct communication with the

16

beneficiary's attending physician, dentist, other professional provider, or other qualified

17

professional provider responsible for treatment of the beneficiary concerning the services under

18

review.

19

     (ii) A review agent who does not utilize a reconsideration process must comply with the

20

peer review obligation described in subsection (b)(3)(i) of this section as part of the appeal process.

21

     (iii) When the appeal of any adverse benefit determination, including an appeal of a

22

reconsideration decision, is based in whole or in part on medical judgment including determinations

23

with regard to whether a particular service, treatment, drug, or other item is experimental,

24

investigational or not medically necessary or appropriate, the reviewer making the appeal decision

25

must be appropriately trained having the same licensure status as the ordering provider or be a

26

physician or dentist and be in the same or similar specialty as typically manages the condition.

27

These qualifications must be provided to the claimant upon request.

28

     (iv) The utilization review agency reviewer must document and sign their decisions.

29

     (4) The review agent must ensure that an appropriately licensed practitioner or licensed

30

physician is reasonably available to review the case as required under §27-18.9-7 9 (b) and shall

31

conform to the following:

32

     (i) Each agency peer reviewer shall have access to and review all necessary information as

33

requested by the agency and/or submitted by the provider(s) and/or beneficiaries;

34

     (ii) Each agency shall provide accurate peer review contact information to the provider at

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 47 of 58)

1

the time of service, if requested, and/or prior to such service, if requested. This contact information

2

must provide a mechanism for direct communication with the agency's peer reviewer; and

3

     (iii) Agency peer reviewers shall respond to the provider's request for a two (2)-way direct

4

communication defined in §27-18.9-7 (b) as follows:

5

     (A) For a prospective review of non-urgent and non-emergent health care services, a

6

response within one business day of the request for a peer discussion;

7

     (B) For concurrent and prospective reviews of urgent and emergent health care services, a

8

response within a reasonable period of time of the request for a peer discussion; and

9

     (C) For retrospective reviews, prior to the internal level appeal decision.

10

     (5) The review agency will have met the requirements of a two-way direct communication,

11

when requested and/or as required prior to the internal level of appeal, when it has made two (2)

12

reasonable attempts to contact the attending provider directly. Repeated violations of this section

13

shall be deemed to be substantial violations pursuant to §27-18.9-9 and shall be cause for the

14

imposition of penalties under that section.

15

     (6) For the appeal of an adverse benefit determination decision that a drug is not covered,

16

the review agent shall complete the internal appeal determination and notify the claimant of its

17

determination:

18

     (i) No later than seventy-two (72) hours following receipt of the appeal request; or

19

     (ii) No later than twenty-four (24) hours following the receipt of the appeal request in cases

20

where the beneficiary is suffering from a health condition that may seriously jeopardize the

21

beneficiary's life, health, or ability to regain maximum function or when an beneficiary is

22

undergoing a current course of treatment using a non-formulary drug.

23

     (iii) And if approved on appeal, coverage of the non-formulary drug must be provided for

24

the duration of the prescription, including refills unless expedited then for the duration of the

25

exigency.

26

     (7) The review agents using clinical criteria and medical judgment in making utilization

27

review decisions shall comply with the following:

28

     (i) The requirement that each review agent shall provide its clinical criteria to OHIC upon

29

request;

30

     (ii) Provide and use written clinical criteria and review procedures established according

31

to nationally accepted standards, evidence based medicine and protocols that are periodically

32

evaluated and updated or other reasonable standards required by the commissioner;

33

     (iii) Establish and employ a process to incorporate and consider local variations to national

34

standards and criteria identified herein including without limitation, a process to incorporate input

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 48 of 58)

1

from local participating providers; and

2

     (iv) Updated description of clinical decision criteria to be available to beneficiaries,

3

providers, and the office upon request and readily available accessible on the health care entity or

4

the review agent's website.

5

     (8) The review agent shall maintain records of written adverse benefit determination

6

reconsiderations and appeals to include their resolution, and shall provide reports and other

7

information as requested by the office.

8

     27-18.9-8. External appeal procedural requirements.

9

     (a) General requirements.

10

     (1) In cases where the non-administrative adverse benefit determination or the final internal

11

level of appeal to reverse a non-administrative adverse benefit determination is unsuccessful, the

12

health care entity or review agent shall provide for an external appeal by an Independent Review

13

Organization (IRO) approved by the commissioner and ensure that the external appeal complies

14

with all applicable laws and regulations.

15

     (2) In order to seek an external appeal, claimant must have exhausted the internal claims

16

and appeal process unless the utilization review agent or health care entity has waived the internal

17

appeal process by failing to comply with the internal appeal process or the claimant has applied for

18

expedited external review at the same time as applying for expedited internal review.

19

     (3) A claimant shall have at least four (4) months after receipt of a notice of the decision

20

on a final internal appeal to request an external appeal by an IRO.

21

     (4) Health care entities and review agents must use a rotational IRO registry system

22

specified by the commissioner, and must select an IRO in the rotational manner described in the

23

IRO registry system.

24

     (5) A claimant requesting an external appeal may be charged no more than a twenty-five

25

dollars ($25.00) external appeal fee by the review agent. The external appeal fee, if charged, must

26

be refunded to the claimant if the adverse benefit determination is reversed through external review.

27

The external appeal fee must be waived if payment of the fee would impose an undue financial

28

hardship on the beneficiary. In addition, the annual limit on external appeal fees for any beneficiary

29

within a single plan year (in the individual market, within a policy year) must not exceed seventy-

30

five dollars ($75.00).

31

     (6) IRO and/or the review agent and or the health care entity may not impose a minimum

32

dollar amount of a claim for a claim to be eligible for external review by an IRO.

33

     (7) The decision of the external appeal by the IRO shall be binding on the health care entity

34

and/or review agent; however, any person who is aggrieved by a final decision of the external

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 49 of 58)

1

appeal agency is entitled to judicial review in a court of competent jurisdiction.

2

     (8) The health care entity must provide benefits (including making payment on the claim)

3

pursuant to an external review decision without delay regardless whether the health care entity or

4

review agent intends to seek judicial review of the IRO decision.

5

     (9) The commissioner shall promulgate rules and regulations including, but not limited to,

6

criteria for designation, operation, policy, oversight, and termination of designation as an IRO. The

7

IRO shall not be required to be certified under this chapter for activities conducted pursuant to its

8

designation.

9

     (b) The external appeal process shall include, but not be limited to, the following

10

characteristics:

11

     (1) The claimant must be noticed that he/she shall have at least five (5) business days from

12

receipt of the external appeal notice to submit additional information to the IRO.

13

     (2) The IRO must notice the claimant of its external appeal decision to uphold or overturn

14

the review agency decision:

15

     (i) No more than ten (10) calendar days from receipt of all the information necessary to

16

complete the external review and not greater than forty-five (45) calendar days after the receipt of

17

the request for external review; and

18

     (ii) In the event of an expedited external appeal by the IRO for urgent or emergent care, as

19

expeditiously as possible and no more than seventy-two (72) hours after the receipt of the request

20

for the external appeal by the IRO. Notwithstanding provisions in this section to the contrary, this

21

notice may be made orally but must be followed by a written decision within forty-eight (48) hours

22

after oral notice is given.

23

     (3) For an external appeal of an internal appeal decision that a drug is not covered the IRO

24

shall complete the external appeal determination and notify the claimant of its determination:

25

     (i) No later than seventy-two (72) hours following receipt of the external appeal request,

26

or;

27

     (ii) No later than twenty-four (24) hours following the receipt of the external appeal request

28

if the original request was an expedited request; and

29

     (iii) If approved on external appeal, coverage of the non-formulary drug must be provided

30

for the duration of the prescription, including refills, unless expedited then for the duration of the

31

exigencies.

32

     (c) External appeal decision notifications. The health care entity and review agent must

33

ensure that the IRO adheres the following relative to decision notifications:

34

     (1) May be written or electronic with reasonable assurance of receipt by claimant unless

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 50 of 58)

1

urgent or emergent. If urgent or emergent, oral notification is acceptable followed by written or

2

electronic notification within three (3) calendar days;

3

     (2) Must be culturally and linguistically appropriate;

4

     (3) The details of claim that is being denied to include the date of service, provider name,

5

amount of claim, diagnostic code and treatment costs with corresponding meanings;

6

     (4) Must include the specific reason or reasons for the external appeal decision;

7

     (5) Must include information for claimant as to procedure to obtain copies of any and all

8

information relevant to the external appeal which copies must be provided to the claimant free of

9

charge; and;

10

     (6) Must not be written in a manner that could reasonably be expected to negatively impact

11

the beneficiary.

12

     27-18.9-9. Reporting requirements.

13

     The office shall establish reporting requirements to determine if adverse benefit

14

determination and/or utilization review programs are in compliance with the provisions of this

15

chapter and applicable regulations as well as in compliance with applicable federal law.

16

     27-18.9-10. Rules and regulations.

17

     The health insurance commissioner may promulgate such rules and regulations as are

18

necessary and proper to effectuate the purpose and for the efficient administration and enforcement

19

of this chapter.

20

     27-18.9-11. Waiver of requirements.

21

     (a) The office shall waive the requirements of this chapter only when a conflict exists with

22

those activities of a review agent that are conducted pursuant to contracts with the state or the

23

federal government or those activities under other state or federal jurisdictions.

24

     (b) The office shall waive de minimus activity, in accordance with the regulations adopted

25

by the commissioner.

26

     27-18.9-12. Variance of statutory requirements.

27

     Statutory variances shall be issued for a period not to exceed one year and may be subject

28

to such terms and conditions deemed necessary as determined by the commissioner. Prior to issuing

29

a statutory variance the office may provide notice and public hearing to ensure necessary

30

beneficiary and health care provider protections in the process.

31

     27-18.9-13. Denial, suspension, or revocation of certificate.

32

     Adopted pursuant to this chapter;

33

     (a) The office may deny a certificate or certification upon review of the application if, upon

34

review of the application, it finds that the applicant proposing to conduct utilization review does

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 51 of 58)

1

not meet the standards required by this chapter or by any regulations promulgated pursuant to this

2

chapter.

3

     (b) The office may revoke or suspend a certificate or certification and/or impose monetary

4

penalties not less than one hundred dollars ($100) and not to exceed fifty thousand dollars ($50,000)

5

per violation and/or impose an order requiring a monetary restitution or disgorgement payment in

6

an amount determined by the commissioner to reasonably reflect the amount of damages caused or

7

monies improperly obtained in any case in which:

8

     (1) The health care entity and/or review agent fails to comply with the requirements of this

9

chapter or of regulations;

10

     (2) The review agent/network plan and or health care entity and/or review agent fails to

11

comply with the criteria used by it in its application for a certificate or certification; or

12

     (3) The health care entity and/or review agent refuses to permit or fails to reasonably

13

cooperate with an examination by the commissioner to determine compliance with the requirements

14

of this chapter and regulations promulgated pursuant to the authority granted to the commissioner

15

in this chapter. These determinations may involve consideration of any written grievances filed

16

with the office against the health care entity and/or review agent by patients or providers.

17

     (c) Any applicant or certificate or certification holder aggrieved by an order or a decision

18

of the commissioner made under this chapter without a hearing may, within thirty (30) days after

19

notice of the order or decision, make a written request to the office for a hearing on the order or

20

decision pursuant to §42-35-15.

21

     (d) The procedure governing hearings authorized by this section shall be in accordance

22

with §§42-35-9 through 42-35-13 as stipulated in §42-35-14(a). A full and complete record shall

23

be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless

24

the decision is appealed pursuant to §42-35-15. A copy or copies of the transcript may be obtained

25

by any interested party upon payment of the cost of preparing the copy or copies. Witnesses may

26

be subpoenaed by either party.

27

     27-18.9-14. Penalties and enforcement.

28

     For the purposes of this chapter, in addition to the provisions of §27-18.9-13, a health care

29

entity and/or review agent or any person or entity conducting any activities requiring certification

30

under this chapter shall be subject to the penalty and enforcement provisions of title 27 and chapters

31

14 and 14.5 of title 42 and the regulations promulgated thereunder in the same manner as a licensee

32

or any person or entity conducting any activities requiring licensure or certification under title 27.

33

     27-18.9-15. Severability.

34

     If any provision of this chapter or the application of any provision to any person or

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 52 of 58)

1

circumstance shall be held invalid, that invalidity shall not affect the provisions or application of

2

this chapter which can be given effect without the invalid provision or application, and to this end

3

the provisions of this chapter are declared to be severable.

4

     SECTION 6. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit System"

5

is hereby amended to read as follows:

6

     36-4-2. Positions in unclassified service.

7

     (a) The classified service shall comprise all positions in the state service, now existing or

8

hereinafter established, except the following specific positions which, with other positions

9

heretofore or hereinafter specifically exempted by legislative act, shall constitute the unclassified

10

service:

11

     (1) Officers and legislators elected by popular vote and persons appointed to fill vacancies

12

in elective offices.

13

     (2) Employees of both houses of the general assembly.

14

     (3) Officers, secretaries, and employees of the office of the governor, office of the

15

lieutenant governor, department of state, department of the attorney general, and the treasury

16

department.

17

     (4) Members of boards and commissions appointed by the governor, members of the state

18

board of elections and the appointees of the board, members of the commission for human rights

19

and the employees of the commission, and directors of departments.

20

     (5) The following specific offices:

21

     (i) In the department of administration: director, chief information officer, cybersecurity

22

officer, director of office of management and budget, director of performance management, deputy

23

director, chief of staff, public information officer and legislative/policy director, and within the

24

health benefits exchange: director, deputy director, administrative assistant, senior policy analyst,

25

and chief strategic planning monitoring and evaluation;

26

     (ii) In the department of business regulation: director;

27

     (iii) In the department of elementary and secondary education: commissioner of elementary

28

and secondary education;

29

     (iv) In the department of higher education: commissioner of postsecondary education;

30

     (v) In the department of health: director, executive director, and deputy director;

31

     (vi) In the department of labor and training: director, administrative assistant, administrator

32

of the labor board and legal counsel to the labor board, executive director, and communications

33

director;

34

     (vii) In the department of environmental management: director;

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 53 of 58)

1

     (viii) In the department of transportation: director, chief operating officer,

2

administrator/division of project management, administrator/division of planning, chief of staff,

3

communications director, legislative director, and policy director;

4

     (ix) In the department of human services: director and director of veterans' affairs;

5

     (x) In the state properties committee: secretary;

6

     (xi) In the workers' compensation court: judges, administrator, deputy administrator, clerk,

7

assistant clerk, clerk secretary;

8

     (xii) In the division of elderly affairs: director;

9

     (xiii) In the department of behavioral healthcare, developmental disabilities and hospitals:

10

director;

11

     (xiv) In the department of corrections: director, assistant director (institutions/operations),

12

assistant director (rehabilitative services), assistant director (administration), and wardens;

13

     (xv) In the department of children, youth and families: director, one assistant director, one

14

associate director, one executive director, and a chief of staff;

15

     (xvi) In the public utilities commission: public utilities administrator;

16

     (xvii) In the water resources board: general manager;

17

     (xviii) In the human resources investment council: executive director.

18

     (xix) In the office of health and human services: secretary of health and human services.

19

     (xx) In the office of commerce: secretary, deputy secretary, chief of staff, communications

20

director, legislative director, and policy director.

21

     (6) Chief of the hoisting engineers, licensing division, and his or her employees; executive

22

director of the veterans memorial building and his or her clerical employees.

23

     (7) One confidential stenographic secretary for each director of a department and each

24

board and commission appointed by the governor.

25

     (8) Special counsel, special prosecutors, regular and special assistants appointed by the

26

attorney general, the public defender and employees of his or her office, and members of the Rhode

27

Island bar occupying a position in the state service as legal counsel to any appointing authority.

28

     (9) The academic and/or commercial teaching staffs of all state institution schools, with

29

the exception of those institutions under the jurisdiction of the board of regents for elementary and

30

secondary education and the board of governors for higher education.

31

     (10) Members of the military or naval forces, when entering or while engaged in the

32

military or naval service.

33

     (11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the

34

supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 54 of 58)

1

tribunal, jurors, and any persons appointed by any court.

2

     (12) Election officials and employees.

3

     (13) Deputy sheriffs and other employees of the sheriffs division within the department of

4

public safety.

5

     (14) Patient or inmate help in state charitable, penal, and correctional institutions and

6

religious instructors of these institutions and student nurses in training, residents in psychiatry in

7

training, and clinical clerks in temporary training at the institute of mental health within the state

8

of Rhode Island medical center.

9

     (15) (i) Persons employed to make or conduct a temporary and special inquiry,

10

investigation, project, or examination on behalf of the legislature, or a committee therefor, or on

11

behalf of any other agency of the state if the inclusion of these persons in the unclassified service

12

is approved by the personnel administrator. The personnel administrator shall notify the house

13

fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person

14

in the unclassified service.

15

     (ii) The duration of the appointment of a person, other than the persons enumerated in this

16

section, shall not exceed ninety (90) days or until presented to the department of administration.

17

The department of administration may extend the appointment another ninety (90) days. In no event

18

shall the appointment extend beyond one hundred eighty (180) days.

19

     (16) Members of the division of state police within the department of public safety.

20

     (17) Executive secretary of the Blackstone Valley district commission.

21

     (18) Artist and curator of state-owned art objects.

22

     (19) Mental health advocate.

23

     (20) Child advocate.

24

     (21) The position of aquaculture coordinator and marine infrastructure specialist within the

25

coastal resources management council.

26

     (22) Employees of the office of the health insurance commissioner.

27

     (23) In the department of revenue: the director, secretary, attorney.

28

     (24) In the department of public safety: the director and cybersecurity officer.

29

     (b) Provided, however, that, if any position added to the unclassified service by legislative

30

act after January 1, 2015, is occupied by a classified employee on June 30, 2015, such position

31

shall remain in the classified service until such position becomes vacant.

32

     SECTION 7. Section 36-4-34.1 of the General Laws in Chapter 36-4 entitled "Merit

33

System" is hereby amended to read as follows:

34

     36-4-34.1. Transfer of state employees.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 55 of 58)

1

     (a) The director of the department of administration (the "director") is hereby authorized

2

to transfer any employee within the executive branch who is not covered by a collective bargaining

3

unit as provided in chapter 11 of this title. Any employee may be transferred to a comparable

4

position upon the approval of the director of the department of administration and the personnel

5

administrator. The transfers may be initially authorized for a period up to one year's duration and

6

may be further extended with the approval of the personnel administrator (the "personnel

7

administrator").

8

     (b) Within seven (7) days of making a transfer of an employee or further extending the

9

duration of a transfer as provided by subsection (a), the director making the transfer or the personnel

10

administrator extending the transfer shall file a written report with the speaker of the house, the

11

senate president, and the chairpersons of the house and senate finance committees, for each

12

employee to be transferred. This report shall include:

13

     (1) The identity of the employee;

14

     (2) The employee's current work position and location, and the proposed new work position

15

and location;

16

     (3) The reason(s) for the employee transfer;

17

     (4) The specific task(s) to be assigned to and completed by the transferred employee;

18

     (5) An explanation of how the task(s) to be completed by the transferred employee relates

19

to the mission of the transferee department, division or agency; and

20

     (6) The anticipated duration of the employee's transfer.

21

     SECTION 8. Section 44-1-14 of the General Laws in Chapter 44-1 entitled “State Tax

22

Officials” is hereby amended as follows:

23

     44-1-14. Disclosure of information to tax officials of federal government or other

24

states, or to other persons.

25

     Notwithstanding any other provision of law:

26

     (1) The tax administrator may make available: (i) to the taxing officials of any other states

27

or of the federal government for tax purposes only any information that the administrator may

28

consider proper contained in tax reports or returns or any audit or the report of any investigation

29

made with respect to them, filed pursuant to the tax laws of this state; provided, that other states or

30

the federal government grant like privileges to the taxing officials of this state; and/or (ii) to an

31

officer or employee of the office of internal audit of the Rhode Island department of administration

32

any information that the administrator may consider proper contained in tax reports or returns or

33

any audit or the report of any investigation made with respect to them, filed pursuant to the tax laws

34

of this state, to whom disclosure is necessary for the purposes of fraud detection and prevention in

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 56 of 58)

1

any state or federal program.

2

     (2) The tax administrator shall not permit any federal return or federal return information

3

to be inspected by, or disclosed to, an individual who is the chief executive officer of the state or

4

any person other than:

5

     (i) To another employee of the tax division for the purpose of, and only to the extent

6

necessary in, the administration of the state tax laws for which the tax division is responsible;

7

     (ii) To another officer or employee of the state to whom the disclosure is necessary in

8

connection with processing, storage, and transmission of those returns and return information and

9

solely for purposes of state tax administration;

10

     (iii) To another person for the purpose of, but only to the extent necessary in, the

11

programming, maintenance, repair, testing, and procurement of equipment used in processing or

12

transmission of those returns and return information; or

13

     (iv) To a legal representative of the tax division, personally and directly engaged in, and

14

solely for use in, preparation for a civil or civil criminal proceeding (or investigation which may

15

result in a proceeding) before a state administrative body, grand jury, or court in a matter involving

16

state tax administration, but only if:

17

     (A) The taxpayer is or may be a party to the proceeding;

18

     (B) The treatment of an item reflected on the return is or may be related to the resolution

19

of an issue in the proceeding or investigation; or

20

     (C) The return or return information relates, or may relate, to a transactional relationship

21

between a person who is or may be a party to the proceeding and the taxpayer that affects or may

22

affect the resolution of an issue in a proceeding or investigation. 

23

     SECTION 9. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit

24

System" is hereby amended to read as follows:

25

     36-4-16.4. Salaries of directors.

26

     (a) In the month of March of each year, the department of administration shall conduct a

27

public hearing to determine salaries to be paid to directors of all state executive departments for the

28

following year, at which hearing all persons shall have the opportunity to provide testimony, orally

29

and in writing. In determining these salaries, the department of administration will take into

30

consideration the duties and responsibilities of the aforenamed officers, as well as such related

31

factors as salaries paid executive positions in other states and levels of government, and in

32

comparable positions anywhere which require similar skills, experience, or training. Consideration

33

shall also be given to the amounts of salary adjustments made for other state employees during the

34

period that pay for directors was set last.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 57 of 58)

1

     (b) Each salary determined by the department of administration will be in a flat amount,

2

exclusive of such other monetary provisions as longevity, educational incentive awards, or other

3

fringe additives accorded other state employees under provisions of law, and for which directors

4

are eligible and entitled.

5

     (c) In no event will the department of administration lower the salaries of existing directors

6

during their term of office.

7

     (d) Upon determination by the department of administration, the proposed salaries of

8

directors will be referred to the general assembly by the last day in April of that year to go into

9

effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting

10

concurrently within that time.

11

     (e) Notwithstanding the provisions of this section, for 2015 only, the time period for the

12

Department of Administration to conduct the public hearing shall be extended to July and the

13

proposed salaries shall be referred to the general assembly by August 30. The salaries may take

14

effect before next year, but all other provisions of this section shall apply.

15

     (f) Notwithstanding the provisions of this section or any law to the contrary, for 2017 only,

16

the salaries of the director of the department of transportation, the secretary of health and human

17

services, and the director of administration shall be determined by the governor.

18

     SECTION 10. Sections 1 through 5 shall take effect as of January 1, 2018; provided

19

however, upon passage, the Office of the Health Insurance Commissioner may waive the filing and

20

other requirements for entities that would not be required to file or become subject to oversight

21

consistent with the terms of Sections 1 through 5. Sections 6 and 9 shall take effect upon passage,

22

and sections 7 and 8 shall take effect as of July 1, 2017.

 

Art5
RELATING TO GOVERNMENT REORGANIZATION
(Page 58 of 58)

 

 

 

=======

art.006/3/006/2/016/1

=======

1

     ARTICLE 6

2

RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION

3

     SECTION 1. This article consists of joint resolutions that is submitted pursuant to Rhode

4

Island General Law § 35-18-1, et seq.

5

     SECTION 2. Confined Aquatic Dredged Material Disposal Cells.

6

     WHEREAS, over the past year the Army Corps of Engineers has approached the Coastal

7

Resources Management Council to act as the local sponsor to the federal action of maintaining the

8

depths of the Providence River and Harbor Shipping Channel; and

9

     WHEREAS, the Providence River and Shipping Channel was last maintained in 2003; and

10

     WHEREAS, the project will include dredging and removal of sediments not suitable for

11

ocean disposal, and thus will require the construction of a new Confined Aquatic Disposal (CAD)

12

Cell to dispose and sequester those sediments; and

13

     WHEREAS, CAD cells are constructed in aquatic environments to reduce the

14

environmental risk from sediments not suitable for ocean disposal by storing these sediments in a

15

depression in the bottom of the aquatic system; and

16

     WHEREAS, CAD cells offer a major economic value, as a significant cost of disposing

17

dredged materials is in the transportation of the dredged material to a disposal location; and

18

     WHEREAS, having CAD cells located within hundreds of feet from a dredging operation

19

saves local port operators millions of dollars over the 10-year life of those cells; and

20

     WHERAS, the Coastal Resources Management Council seeks to build additional capacity

21

in the CAD Cells beyond that required only for this specific project, in order to account for the

22

many port, maritime, and marina facilities that also have the need to dredge material at their

23

facilities, which may not be suitable for ocean disposal, thereby saving these entities significant

24

cost, in both sediment testing and transportation of the material to other locations, due to the fact

25

that the existing CAD cells in the river have reached their useful ten-year design life; and

26

     WHEREAS, with the approval by the voters of the 2016 Rhode Island Port Infrastructure

27

Bond referendum, the need to maintain the viability of port and maritime operations, the state's

28

marine trades industry, and the increase economic value of ProvPort, increased disposal capacities

29

from new CAD cells are needed; and

30

     WHEREAS, the Army Corps of Engineers expects to begin maintenance of the Providence

 

1

River and Harbor Shipping Channel in the fall of 2018, the total cost share of the local sponsor are

2

required by the end of FY 2018; and

3

     WHEREAS, the project is considered a federal maintenance project, the State is required

4

to pay for the creation of the CAD cell only at an up-front cost share of thirty five percent (35%);

5

and

6

     WHEREAS, the project costs associated with this project is estimated to be eleven million

7

dollars ($11.0 million), with five hundred thousand dollars ($500,000) derived from the Coastal

8

Resources Management Council Dredge Fund. The total financing obligation of the State of Rhode

9

Island would be approximately ten million five hundred thousand dollars ($10.5 million), with ten

10

million four hundred thousand dollars ($10.4 million) deposited in the project fund and one hundred

11

thousand dollars ($100,000) allocated to pay the associated costs of financing. Total payments on

12

the State's obligation over ten (10) years on the ten million five hundred thousand dollars ($10.5

13

million) issuance are projected to be thirteen million six hundred thousand dollars ($13.6 million)

14

assuming an average interest rate of five percent (5.0%). A minimum of five million dollars ($5.0

15

million) of the total principal and interest payments shall be financed from an increase in fees

16

charged to marine operators to deposit their dredged materials into CAD cells, with general revenue

17

appropriations used to supplement fee revenues. General revenue appropriations shall finance

18

principal and interest payments in any fiscal year that fee revenues are insufficient; now, therefore,

19

be it

20

     RESOLVED, that this General Assembly hereby approves financing in an amount not to

21

exceed ten million five hundred thousand dollars ($10.5 million) for the provision of funds for the

22

Confined Aquatic Disposal Cells project, including one hundred thousand dollars ($100,000) to

23

pay costs of financing.

24

     SECTION 3. Energy Performance Contract – University of Rhode Island – Phase 3

25

     WHEREAS, the Council on Postsecondary Education and the University of Rhode Island,

26

herby referred to as "the University," are proposing projects that involve the implementation of

27

professionally guided capital investments in energy efficiency improvements to University

28

buildings and infrastructure that will pay for themselves through cost avoidance, while reducing

29

long-term energy consumption associated with operations; and

30

     WHEREAS, the University presently manages over three hundred twenty four (324)

31

buildings, with associated utility infrastructure, containing over four million eight hundred fifty

32

thousand (4,850,000) square feet of space, a majority of which was constructed over thirty years

33

ago. Energy efficiency has become a vital feature of the institution's fiscal responsibility; and

34

     WHEREAS, energy performance contracting has been significantly enhanced and refined,

 

Art6
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION
(Page 2 of 5)

1

and many examples exist of programs successfully employed around the country that are prudent

2

from both a fiscal management and an environmental stewardship perspective; and

3

     WHEREAS, various private sector companies, hereinafter referred to as energy service

4

companies or "ESCOs", are willing to guarantee the performance of the improvements yielding

5

energy savings to pay for the cost of the replacement of antiquated and inefficient equipment,

6

including boilers, heating and air conditioning, lighting and other building systems and equipment;

7

and

8

     WHEREAS, the higher education system has successfully participated with the state

9

department of administration in a request for proposal process to enter into an energy performance

10

contract with ESCO to provide investment grade energy audit evaluations, design, installation, and

11

maintenance services, as well as assistance in securing rebate resources and the guarantee of the

12

energy or water saving performance of the installed retrofit measures; and

13

     WHEREAS, the evaluations of an energy service company further affirms the significant

14

opportunity to implement energy conservation improvements on a building-by-building basis that

15

pay for themselves through operating budget savings within a fifteen year period; and

16

     WHEREAS, tax exempt financing via "certificates of participation," with associated debt

17

service supported for the financing term by energy cost avoidance (i.e., by redirecting dollars that

18

would have paid for utility consumption, but with the improvements can be redeployed to repay

19

the financing) is the most cost effective means of supporting the investment in energy efficiency

20

improvements under this program; and

21

     WHEREAS, the University is seeking to undertake energy performance contracts to

22

replace obsolete equipment with new equipment and infrastructure components employing high

23

energy efficient technologies, to employ insulation and weatherization measures, and to deploy

24

measures that sustain the highest performance levels for these improvements; and

25

     WHEREAS, the estimated cost of such contracts are for the University, an amount not to

26

exceed eleven million six hundred thousand dollars ($11.6 million), with the request to the state to

27

have with ten million five hundred thousand dollars ($10.5 million) deposited into the construction

28

fund, six hundred ninety-six thousand dollars ($696,000) deposited in a capitalized interest fund,

29

and four hundred thirty thousand dollars ($430,000) to pay associated costs of financing. Total

30

payments on the state's obligation over fifteen (15) years on the eleven million six hundred thousand

31

dollars ($11.6 million) issuance are projected to be sixteen million eight hundred thousand dollars

32

($16.8 million), assuming an average effective interest rate of five percent (5.0%), the payments

33

would be derived by the University from energy savings; now, therefore, be it

34

     RESOLVED, that the University is authorized to proceed with the aforementioned projects

 

Art6
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION
(Page 3 of 5)

1

in the amounts specified above; and be it further

2

     RESOLVED, that these contracts will be structured so that, at a minimum, the annual

3

principal, interest and service and maintenance costs resulting from these contracts would be fully

4

offset by the cumulative annual energy savings derived from energy efficiency improvements, the

5

performance of which being guaranteed by the ESCOs; and be it further

6

     RESOLVED, that these contracts would be multi-year contracts of up to a term of fifteen

7

(15) years. In addition to saving energy and helping to protect the University from future energy

8

cost increases, these contracts would aid in reducing maintenance costs by providing new, efficient

9

equipment and technology that outperforms older higher energy consuming systems; and be it

10

further

11

     RESOLVED, that this joint resolution shall take effect immediately upon its passage.

12

     SECTION 4. White Horn Brook Apartments – University of Rhode Island.

13

     WHEREAS, the Rhode Island Council on Postsecondary Education is proposing a project

14

which involves the construction of a new residence hall on the west bank of the White Horn Brook

15

located in the northwest corner of the Kingston campus of the University of Rhode Island in the

16

Town of South Kingstown, Rhode Island; and

17

     WHEREAS, the growth of undergraduate student enrollment is critical to the fiscal health

18

of the University; and

19

     WHEREAS, there is high undergraduate student demand for apartment style on campus

20

housing; and

21

     WHEREAS, the University is committed to providing adequate and appropriate housing

22

opportunities for its students; and

23

     WHEREAS, the University continues to undertake significant improvements to existing

24

dormitory style housing facilities and has built new units that offer both suite style and apartment

25

living options with the goal of providing over fifty percent (50%) of its undergraduate students on

26

campus housing in keeping with its peer institutions; and

27

     WHEREAS, apartment style housing units are critical for the on campus retention of third

28

and fourth year students that often seek alternative housing off campus; and

29

     WHEREAS, a recent market study has demonstrated that the market demand for additional,

30

apartment style campus housing indicates that this project will be fully occupied upon completion

31

and into the future; and

32

     WHEREAS, the Rhode Island Public Corporation Debt Management Act requires the

33

General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island

34

and other public agencies of certain obligations including financing guarantees or other agreements;

 

Art6
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION
(Page 4 of 5)

1

and

2

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

3

Island Health and Educational Building (RIHEBC) revenue bonds, with an expected term of thirty

4

(30) years; and

5

     WHEREAS, the total project costs associated with the completion of the project and

6

proposed financing method would be supported approximately ninety-five percent (95%) by

7

auxiliary fee revenues for URI Housing and Residential Life for the apartment building and

8

approximately five percent (5%) by University general funds for site enabling facility relocation,

9

utility and hardscape and landscape infrastructure and site work; and

10

     WHEREAS, the project is currently in design and targeting a total project financing cost

11

of eighty eight million seven hundred and eighty seven thousand dollars ($88,787,000) in RIHEBC

12

bonds, with a request to have seventy eight million four hundred forty thousand dollars

13

($78,440,000) deposited into a construction fund, eight million thirty seven thousand dollars

14

($8,037,000) deposited in a capitalized interest fund, and two million three hundred ten thousand

15

dollars ($2,310,000) to pay associated cost of financing, and with an assumed interest rate of five

16

percent (5%) debt service repayments will not exceed one hundred seventy three million two

17

hundred seventy one thousand and six hundred fifty three dollars ($173,271,653); and

18

     WHEREAS, the University has been advised by its architectural and project management

19

firms to anticipate potential additional escalation of construction costs leading up to the final

20

pricing of the construction of this project; now, therefore, be it

21

     RESOLVED, that the General Assembly hereby approves financing in an amount not to

22

exceed total debt service payments of one hundred seventy three million two hundred seventy one

23

thousand and six hundred fifty three dollars ($173,271,653) for construction of a new apartment

24

style residence facility on the University of Rhode Island Kingston Campus, with the not-to-exceed

25

amount to be financed determined by the actual financing interest rate at the time of the bond

26

issuance; and be it further

27

     RESOLVED, that this joint resolution shall take effect immediately upon its passage.

28

     SECTION 5. This resolution shall apply to financing obligations issued within four (4)

29

years of the date of passage of this resolution.

30

     SECTION 6. This article shall take effect upon passage.

 

Art6
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION
(Page 5 of 5)

 

=======

art.007/5/007/4/007/3/007/2/007/1

=======

1

     ARTICLE 7

2

RELATING TO STATE FUNDS

3

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

4

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

5

follows:

6

     21-28.6-17. Revenue.

7

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

8

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

9

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

10

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

11

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

12

regulation for the administration of the program.

13

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

14

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

15

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

16

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

17

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

18

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

19

annually on the last business day of the fiscal year.

20

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

21

is hereby amended to read as follows:

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

 

1

     Executive Office of Health and Human Services

2

     Organ Transplant Fund

3

     HIV Care Grant Drug Rebates

4

     Department of Human Services

5

     Veterans' home – Restricted account

6

     Veterans' home – Resident benefits

7

     Pharmaceutical Rebates Account

8

     Demand Side Management Grants

9

     Veteran's Cemetery Memorial Fund

10

     Donations – New Veterans' Home Construction

11

     Department of Health

12

     Providence Water Lead Grant

13

     Pandemic medications and equipment account

14

     Miscellaneous Donations/Grants from Non-Profits

15

     State Loan Repayment Match

16

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

17

     Eleanor Slater non-Medicaid third-party payor account

18

     Hospital Medicare Part D Receipts

19

     RICLAS Group Home Operations

20

     Commission on the Deaf and Hard of Hearing

21

     Emergency and public communication access account

22

     Department of Environmental Management

23

     National heritage revolving fund

24

     Environmental response fund II

25

     Underground storage tanks registration fees

26

     Rhode Island Historical Preservation and Heritage Commission

27

     Historic preservation revolving loan fund

28

     Historic Preservation loan fund – Interest revenue

29

     Department of Public Safety

30

     Forfeited property – Retained

31

     Forfeitures – Federal

32

     Forfeited property – Gambling

33

     Donation – Polygraph and Law Enforcement Training

34

     Rhode Island State Firefighter's League Training Account

 

Art7
RELATING TO STATE FUNDS
(Page 2 of 12)

1

     Fire Academy Training Fees Account

2

     Attorney General

3

     Forfeiture of property

4

     Federal forfeitures

5

     Attorney General multi-state account

6

     Forfeited property – Gambling

7

     Department of Administration

8

     OER Reconciliation Funding

9

     RI Health Benefits Exchange

10

     Office of Management and Budget

11

     Information Technology Investment Fund

12

     Restore and replacement – Insurance coverage

13

     Convention Center Authority rental payments

14

     Investment Receipts – TANS

15

     OPEB System Restricted Receipt Account

16

     Car Rental Tax/Surcharge-Warwick Share

17

     Executive Office of Commerce

18

     Housing Resources Commission Restricted Account

19

     Department of Revenue

20

     DMV Modernization Project

21

     Jobs Tax Credit Redemption Fund

22

     Legislature

23

     Audit of federal assisted programs

24

     Department of Children, Youth and Families

25

     Children's Trust Accounts – SSI

26

     Military Staff

27

     RI Military Family Relief Fund

28

     RI National Guard Counterdrug Program

29

     Treasury

30

     Admin. Expenses – State Retirement System

31

     Retirement – Treasury Investment Options

32

     Defined Contribution – Administration - RR

33

     Violent Crimes Compensation – Refunds

34

     Treasury Research Fellowship

 

Art7
RELATING TO STATE FUNDS
(Page 3 of 12)

1

     Business Regulation

2

     Banking Division Reimbursement Account

3

     Office of the Health Insurance Commissioner Reimbursement Account

4

     Securities Division Reimbursement Account

5

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

6

     Insurance Division Reimbursement Account

7

     Historic Preservation Tax Credit Account.

8

     Judiciary

9

     Arbitration Fund Restricted Receipt Account

10

     Third-Party Grants

11

     RI Judiciary Technology Surcharge Account

12

     Department of Elementary and Secondary Education

13

     Statewide Student Transportation Services Account

14

     School for the Deaf Fee for Service Account

15

     Davies Career and Technical School Local Education Aid Account

16

     Davies – National School Breakfast & Lunch Program

17

     Office of the Post-Secondary Commissioner

18

     Westerly Higher Education and Industry Center

19

     Department of Labor and Training

20

     Job Development Fund

21

     Department of Transportation

22

     Rhode Island Highway Maintenance Account

23

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

24

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

25

     39-26.6-4. Continuation of board.

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

Art7
RELATING TO STATE FUNDS
(Page 4 of 12)

1

incentives under the distributed-generation growth program; and

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

recoverable through the same reconciliation provisions.

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

lessee.

30

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

31

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

32

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

33

by adding thereto the following section:

34

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

 

Art7
RELATING TO STATE FUNDS
(Page 5 of 12)

1

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

2

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

3

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

4

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

5

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

6

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

7

Preservation and Heritage Commission" is hereby repealed.

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

     42-72-36.4. Foundation grants.

21

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

22

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

23

their use, shall be deposited as restricted receipts.

24

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

25

the Arts" is hereby amended to read as follows:

26

     42-75-13. Appropriation.

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

Art7
RELATING TO STATE FUNDS
(Page 6 of 12)

1

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

2

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

3

     SECTION 9. 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.

6

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

7

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

8

plan 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 fiscal

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

submission shall also include alternatives to said transfers.

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 financial

27

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

 

Art7
RELATING TO STATE FUNDS
(Page 7 of 12)

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 definition

7

of total appropriations.

8

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

9

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

10

in January 2005.

11

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

12

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

13

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 general

15

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

16

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 general

18

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

19

2011.

20

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

21

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

22

2012.

23

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

24

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

25

2015.

26

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

27

amended by adding thereto the following section:

28

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

29

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

30

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

31

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

32

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

33

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

34

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

 

Art7
RELATING TO STATE FUNDS
(Page 8 of 12)

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

Purchases" is hereby amended to read as follows:

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

administrative fee account for the most recently completed fiscal year;

31

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

32

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

33

the most recently completed fiscal year; and

34

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

 

Art7
RELATING TO STATE FUNDS
(Page 9 of 12)

1

administrative fee on master price agreements.

2

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

3

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

4

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

5

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

6

proceeds being deposited into the information technology investment fund.

7

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

8

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

9

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

10

property.

11

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

12

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

13

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

14

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

15

unless otherwise prohibited by federal law.

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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.

29

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

30

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

31

     42-11-2.5. Information technology investment fund.

32

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

33

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

34

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

 

Art7
RELATING TO STATE FUNDS
(Page 10 of 12)

1

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

2

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

3

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

4

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

5

§ 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,

7

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

8

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

9

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

10

provisions of § 35-4-27.

11

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

12

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

13

maintenance and upgrade contracts for state departments and agencies.

14

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

15

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

16

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

17

this account.

18

     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:

20

     5-65-9. Registration fee.

21

     (a) Each applicant shall pay to the board:

22

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

23

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

24

due to clerical errors.

25

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

26

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

27

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.

29

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

30

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:

32

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

33

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

34

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

 

Art7
RELATING TO STATE FUNDS
(Page 11 of 12)

1

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

2

recently completed fiscal year; and

3

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

4

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

5

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

6

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

7

and property management annual request.

8

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

9

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

10

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

11

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

 

Art7
RELATING TO STATE FUNDS
(Page 12 of 12)

 

 

 

=======

art.008/4/008/3/008/2/008/1

=======

1

     ARTICLE 8

2

RELATING TO TAXES AND REVENUES

3

     SECTION 1. Purpose. The general assembly hereby finds that:

4

     (a) The Twin River gaming facility in the town of Lincoln, the Newport Grand gaming

5

facility in the town of Newport, and, once operational, the gaming facility owned by Twin River-

6

Tiverton in the town of Tiverton (the "Tiverton Gaming Facility," and, collectively with the other

7

(2) two gaming facilities, the "Gaming Facilities") are important sources of revenue for the state of

8

Rhode Island. Indeed, revenues generated from state-operated gaming in Rhode Island constitute

9

the third largest source of revenue to the state, behind only revenue generated from income taxes

10

and sales and use taxes.

11

     (b) In an increasingly competitive gaming market, it is imperative that action be taken to

12

preserve and protect the state's ability to maximize revenues at the Facilities, and in particular to

13

expand critical revenue-driving promotional and marketing programs through legislative

14

authorization and necessary amendments to contracts, previously authorized by the general

15

assembly, to position the promotional and marketing programs for long-term success.

16

     (c) Accordingly, the purpose of this act is to help enhance the revenues generated by the

17

Facilities in order to maximize the public's share of revenue generated by them for the state of

18

Rhode Island. It is the intent of the general assembly that this act, being necessary for the welfare

19

of the state and its citizens, be liberally construed so as to effectuate its purposes, including without

20

limitation, the State's attempt to enhance the ability of the Facilities to generate revenue. The

21

inclusion of the Tiverton Gaming Facility within the scope of this act is based on the fulfilment in

22

2016 of the requirements of Article VI, Section 22 of the Rhode Island Constitution with respect

23

to that facility, namely that:

24

     (i) The Rhode Island secretary of state has certified that the qualified voters of the state

25

have approved authorizing a facility owned by Twin River-Tiverton located at the intersection of

26

William S. Canning Boulevard and Stafford Road in the town of Tiverton to be licensed as a pari-

27

mutuel facility and offer state-operated video lottery games and state-operated casino gaming, such

28

as table games; and

29

     (ii) The board of canvassers of the town of Tiverton has certified that the qualified electors

30

of the town of Tiverton have approved authorizing a facility owned by Twin River-Tiverton located

 

1

at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton to

2

be licensed as a pari-mutuel facility and offer state-operated video lottery games and state-operated

3

casino gaming, such as table games.

4

     SECTION 2. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled "Video-

5

Lottery Terminal" is hereby amended to read as follows:

6

     42-61.2-7. Division of revenue.

7

     (a) Notwithstanding the provisions of §42-61-15, the allocation of net, terminal income

8

derived from video-lottery games is as follows:

9

     (1) For deposit in the general fund and to the state lottery division fund for administrative

10

purposes: Net, terminal income not otherwise disbursed in accordance with subdivisions (a)(2) --

11

(a)(6) inclusive, or otherwise disbursed in accordance with subsections (g)(2) and (h)(2);

12

     (i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one percent

13

(0.19%), up to a maximum of twenty million dollars ($20,000,000), shall be equally allocated to

14

the distressed communities as defined in §45-13-12 provided that no eligible community shall

15

receive more than twenty-five percent (25%) of that community's currently enacted municipal

16

budget as its share under this specific subsection. Distributions made under this specific subsection

17

are supplemental to all other distributions made under any portion of general laws §45-13-12. For

18

the fiscal year ending June 30, 2008, distributions by community shall be identical to the

19

distributions made in the fiscal year ending June 30, 2007, and shall be made from general

20

appropriations. For the fiscal year ending June 30, 2009, the total state distribution shall be the

21

same total amount distributed in the fiscal year ending June 30, 2008, and shall be made from

22

general appropriations. For the fiscal year ending June 30, 2010, the total state distribution shall be

23

the same total amount distributed in the fiscal year ending June 30, 2009, and shall be made from

24

general appropriations, provided, however, that seven hundred eighty-four thousand four hundred

25

fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to each

26

qualifying distressed community. For each of the fiscal years ending June 30, 2011, June 30, 2012,

27

and June 30, 2013, seven hundred eighty-four thousand four hundred fifty-eight dollars ($784,458)

28

of the total appropriation shall be distributed equally to each qualifying distressed community.

29

     (ii) Five one hundredths of one percent (0.05%), up to a maximum of five million dollars

30

($5,000,000), shall be appropriated to property tax relief to fully fund the provisions of §44-33-2.1.

31

The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum amount to

32

the nearest five dollar ($5.00) increment within the allocation until a maximum credit of five

33

hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be less than

34

the prior fiscal year.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 2 of 59)

1

     (iii) One and twenty-two one hundredths of one percent (1.22%) to fund §44-34.1-1,

2

entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum amount

3

to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event shall the

4

exemption in any fiscal year be less than the prior fiscal year.

5

     (iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent

6

(0.10%), to a maximum of ten million dollars ($10,000,000), for supplemental distribution to

7

communities not included in subsection (a)(1)(i) distributed proportionately on the basis of general

8

revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008,

9

distributions by community shall be identical to the distributions made in the fiscal year ending

10

June 30, 2007, and shall be made from general appropriations. For the fiscal year ending June 30,

11

2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010, and thereafter,

12

funding shall be determined by appropriation.

13

     (2) To the licensed, video-lottery retailer:

14

     (a) (i) Prior to the effective date of the Newport Grand Master Contract, Newport Grand

15

twenty-six percent (26%), minus three hundred eighty-four thousand nine hundred ninety-six

16

dollars ($384,996);

17

     (ii) On and after the effective date of the Newport Grand Master Contract, to the licensed,

18

video-lottery retailer who is a party to the Newport Grand Master Contract, all sums due and

19

payable under said Master Contract, minus three hundred eighty-four thousand nine hundred

20

ninety-six dollars ($384,996).

21

     (iii) Effective July 1, 2013, the rate of net, terminal income payable to the licensed, video-

22

lottery retailer who is a party to the Newport Grand Master Contract shall increase by two and one

23

quarter percent (2.25%) points. The increase herein shall sunset and expire on June 30, 2015, and

24

the rate in effect as of June 30, 2013, shall be reinstated.

25

     (iv) (A) Effective July 1, 2015, the rate of net, terminal income payable to the licensed,

26

video-lottery retailer who is a party to the Newport Grand Master Contract shall increase over the

27

rate in effect as of June 30, 2013, by one and nine-tenths (1.9) percentage points. (i.e., x% plus 1.9

28

percentage points equals (x + 1.9)%, where "x%" is the current rate of net terminal income payable

29

to the licensed, video-lottery retailer who is a party to the Newport Grand Master Contract). The

30

dollar amount of additional net, terminal income paid to the licensed, video-lottery retailer who is

31

a party to the Newport Grand Master Contract with respect to any Newport Grand Marketing Year

32

as a result of such increase in rate shall be referred to as "Additional Newport Grand Marketing

33

NTI."

34

     (B) The excess, if any, of marketing expenditures incurred by the licensed, video-lottery

 

Art8
RELATING TO TAXES AND REVENUES
(Page 3 of 59)

1

retailer who is a party to the Newport Grand Master Contract with respect to a Newport Grand

2

Marketing Year over one million four hundred thousand dollars ($1,400,000) shall be referred to

3

as the "Newport Grand Marketing Incremental Spend." Beginning with the Newport Grand

4

Marketing Year that starts on July 1, 2015, after the end of each Newport Grand Marketing Year,

5

the licensed, video-lottery retailer who is a party to the Newport Grand Master Contract shall pay

6

to the Division the amount, if any, by which the Additional Newport Grand Marketing NTI for such

7

Newport Grand Marketing Year exceeds the Newport Grand Marketing Incremental Spend for such

8

Newport Grand Marketing Year; provided however, that such video-lottery retailer's liability to the

9

Division hereunder with respect to any Newport Grand Marketing Year shall never exceed the

10

Additional Newport Grand Marketing NTI paid to such video-lottery retailer with respect to such

11

Newport Grand Marketing Year.

12

     The increase in subsection 2(a)(iv) shall sunset and expire on June 30, 2017 upon the

13

commencement of the operation of casino gaming at Twin River-Tiverton's facility located in the

14

town of Tiverton, and the rate in effect as of June 30, 2013 shall be reinstated.

15

     (b) (i) Prior to the effective date of the UTGR master contract, to the present, licensed,

16

video-lottery retailer at Lincoln Park, which is not a party to the UTGR, master contract, twenty-

17

eight and eighty-five one hundredths percent (28.85%), minus seven hundred sixty-seven thousand

18

six hundred eighty-seven dollars ($767,687);

19

     (ii) On and after the effective date of the UTGR master contract, to the licensed, video-

20

lottery retailer that is a party to the UTGR master contract, all sums due and payable under said

21

master contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars

22

($767,687).

23

     (3) (i) To the technology providers that are not a party to the GTECH Master Contract as

24

set forth and referenced in PL 2003, CH. 32, seven percent (7%) of the net, terminal income of the

25

provider's terminals; in addition thereto, technology providers that provide premium or licensed

26

proprietary content or those games that have unique characteristics, such as 3D graphics; unique

27

math/game play features; or merchandising elements to video-lottery terminals may receive

28

incremental compensation, either in the form of a daily fee or as an increased percentage, if all of

29

the following criteria are met:

30

     (A) A licensed, video-lottery retailer has requested the placement of premium or licensed

31

proprietary content at its licensed, video-lottery facility;

32

     (B) The division of lottery has determined in its sole discretion that the request is likely to

33

increase net, terminal income or is otherwise important to preserve or enhance the competiveness

34

of the licensed, video-lottery retailer;

 

Art8
RELATING TO TAXES AND REVENUES
(Page 4 of 59)

1

     (C) After approval of the request by the division of lottery, the total number of premium or

2

licensed, proprietary-content video-lottery terminals does not exceed ten percent (10%) of the total

3

number of video-lottery terminals authorized at the respective licensed, video-lottery retailer; and

4

     (D) All incremental costs are shared between the division and the respective licensed,

5

video-lottery retailer based upon their proportionate allocation of net terminal income. The division

6

of lottery is hereby authorized to amend agreements with the licensed, video-lottery retailers, or the

7

technology providers, as applicable, to effect the intent herein.

8

     (ii) To contractors that are a party to the master contract as set forth and referenced in PL

9

2003, CH. 32, all sums due and payable under said master contract; and

10

     (iii) Notwithstanding paragraphs (i) and (ii), there shall be subtracted proportionately from

11

the payments to technology providers the sum of six hundred twenty-eight thousand seven hundred

12

thirty-seven dollars ($628,737).

13

     (4) (A) Until video-lottery games are no longer operated at the Newport Grand gaming

14

facility located in Newport, to the city of Newport one and one hundredth percent (1.01%) of net

15

terminal income of authorized machines at Newport Grand, except that effective November 9,

16

2009, until June 30, 2013, the allocation shall be one and two tenths percent (1.2%) of net terminal

17

income of authorized machines at Newport Grand for each week the facility operates video-lottery

18

games on a twenty-four-hour (24) basis for all eligible hours authorized; and

19

     (B) Upon commencement of the operation of video-lottery games at Twin River-Tiverton's

20

facility located in the town of Tiverton, to the town of Tiverton one and forty-five hundredths

21

percent (1.45%) of net terminal income of authorized machines at the licensed, video-lottery

22

retailer's facility located in the town of Tiverton, subject to subsection (g)(2); and

23

     (C) To the town of Lincoln, one and twenty-six hundredths percent (1.26%) of net terminal

24

income of authorized machines at Twin River except that:

25

     (i) Effective November 9, 2009, until June 30, 2013, the allocation shall be one and forty-

26

five hundredths percent (1.45%) of net terminal income of authorized machines at Twin River for

27

each week video-lottery games are offered on a twenty-four-hour (24) basis for all eligible hours

28

authorized; and

29

     (ii) Effective July 1, 2013, provided that the referendum measure authorized by PL 2011,

30

Ch. 151, Sec. 4, is approved statewide and in the Town of Lincoln, the allocation shall be one and

31

forty-five hundredths percent (1.45%) of net terminal income of authorized video-lottery terminals

32

at Twin River, subject to subsection (h)(2); and

33

     (5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net

34

terminal income of authorized machines at Lincoln Park, up to a maximum of ten million dollars

 

Art8
RELATING TO TAXES AND REVENUES
(Page 5 of 59)

1

($10,000,000) per year, that shall be paid to the Narragansett Indian Tribe for the account of a

2

Tribal Development Fund to be used for the purpose of encouraging and promoting: home

3

ownership and improvement; elderly housing; adult vocational training; health and social services;

4

childcare; natural resource protection; and economic development consistent with state law.

5

Provided, however, such distribution shall terminate upon the opening of any gaming facility in

6

which the Narragansett Indians are entitled to any payments or other incentives; and provided,

7

further, any monies distributed hereunder shall not be used for, or spent on, previously contracted

8

debts; and

9

     (6) Unclaimed prizes and credits shall remit to the general fund of the state; and

10

     (7) Payments into the state's general fund specified in subsections (a)(1) and (a)(6) shall be

11

made on an estimated monthly basis. Payment shall be made on the tenth day following the close

12

of the month except for the last month when payment shall be on the last business day.

13

     (b) Notwithstanding the above, the amounts payable by the division to UTGR related to

14

the marketing program described in the UTGR master contract (as such may be amended from time

15

to time) shall be paid on a frequency agreed by the division, but no less frequently than annually.

16

     (c) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director

17

is authorized to fund the marketing program as described above in regard to in the UTGR master

18

contract.

19

     (d) Notwithstanding the above, the amounts payable by the division to the licensed, video-

20

lottery retailer who is a party to the Newport Grand Master Contract related to the marketing

21

program described in the Newport Grand Master Contract (as such may be amended from time to

22

time) shall be paid on a frequency agreed by the division, but no less frequently than annually.

23

     (e) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director

24

is authorized to fund the marketing program as described above in regard to in the Newport Grand

25

Master Contract.

26

     (f) Notwithstanding the provisions of §42-61-15, but subject to §42-61.2-7(h), the

27

allocation of net, table-game revenue derived from table games at Twin River is as follows:

28

     (1) For deposit into the state lottery fund for administrative purposes and then the balance

29

remaining into the general fund:

30

     (i) Sixteen percent (16%) of net, table-game revenue, except as provided in §42-61.2-

31

7(f)(1)(ii);

32

     (ii) An additional two percent (2%) of net, table-game revenue generated at Twin River

33

shall be allocated starting from the commencement of table games activities by such table-game

34

retailer and ending, with respect to such table-game retailer, on the first date that such table-game

 

Art8
RELATING TO TAXES AND REVENUES
(Page 6 of 59)

1

retailer's net terminal income for a full state fiscal year is less than such table-game retailer's net

2

terminal income for the prior state fiscal year, at which point this additional allocation to the state

3

shall no longer apply to such table-game retailer.

4

     (2) To UTGR, net, table-game revenue not otherwise disbursed pursuant to subsection

5

(f)(1); provided, however, on the first date that such table-game retailer's net terminal income for a

6

full state fiscal year is less than such table-game retailer's net terminal income for the prior state

7

fiscal year, as set forth in subsection (f)(1)(ii), one percent (1%) of this net, table-game revenue

8

shall be allocated to the town of Lincoln for four (4), consecutive state fiscal years.

9

     (g) Notwithstanding the provisions of §42-61-15, the allocation of net, table-game revenue

10

derived from table games at the Tiverton facility owned by Twin River-Tiverton is as follows:

11

     (1) Subject to subsection (g)(2) of this section, one percent (1%) of net, table-game revenue

12

shall be allocated to the town of Tiverton;

13

     (2) Fifteen and one-half percent (15.5%) of net, table-game revenue shall be allocated to

14

the state first for deposit into the state lottery fund for administrative purposes and then the balance

15

remaining into the general fund; provided however, that beginning with the first state fiscal year

16

that a facility in the town of Tiverton owned by Twin River-Tiverton offers patrons video-lottery

17

games and table games for all of such state fiscal year, for that state fiscal year and each subsequent

18

state fiscal year that such Tiverton facility offers patrons video-lottery games and table games for

19

all of such state fiscal year, if the town of Tiverton has not received an aggregate of three million

20

dollars ($3,000,000) in the state fiscal year from net, table-game revenues and net terminal income,

21

combined, generated by such Tiverton facility, then the state shall make up such shortfall to the

22

town of Tiverton out of the state's percentage of net, table-game revenue set forth in this subsection

23

(g)(2) and net terminal income set forth in subsections (a)(1) and (a)(6); provided further however,

24

if in any state fiscal year either video-lottery games or table games are no longer offered at a facility

25

in the town of Tiverton owned by Twin River-Tiverton, LLC, then the state shall not be obligated

26

to make up the shortfall referenced in this subsection (g)(2); and

27

     (3) Net, table-game revenue not otherwise disbursed pursuant to subsections (g)(1) and

28

(g)(2) of this section shall be allocated to Twin River-Tiverton.

29

     (h) Notwithstanding the foregoing §42-61.2-7(f) and superseding that section effective

30

upon the first date that a facility in the town of Tiverton owned by Twin River-Tiverton offers

31

patrons video-lottery games and table games, the allocation of net, table-game revenue derived

32

from table games at Twin River in Lincoln shall be as follows:

33

     (1) Subject to subsection (h)(2), one percent (1%) of net, table-game revenue shall be

34

allocated to the town of Lincoln;

 

Art8
RELATING TO TAXES AND REVENUES
(Page 7 of 59)

1

     (2) Fifteen and one-half percent (15.5%) of net, table-game revenue shall be allocated to

2

the state first for deposit into the state lottery fund for administrative purposes and then the balance

3

remaining into the general fund; provided however, that beginning with the first state fiscal year

4

that a facility in the town of Tiverton owned by Twin River-Tiverton offers patrons video-lottery

5

games and table games for all of such state fiscal year, for that state fiscal year and each subsequent

6

state fiscal year that such Tiverton facility offers patrons video-lottery games and table games for

7

all of such state fiscal year, if the town of Lincoln has not received an aggregate of three million

8

dollars ($3,000,000) in the state fiscal year from net, table-game revenues and net terminal income,

9

combined, generated by the Twin River facility in Lincoln, then the state shall make up such

10

shortfall to the town of Lincoln out of the state's percentage of net, table-game revenue set forth in

11

this subsection (h)(2) and net terminal income set forth in subsections (a)(1) and (a)(6); provided

12

further however, if in any state fiscal year either video-lottery games or table games are no longer

13

offered at a facility in the town of Tiverton owned by Twin River-Tiverton, LLC, then the state

14

shall not be obligated to make up the shortfall referenced in this subsection (h)(2); and

15

     (3) Net, table-game revenue not otherwise disbursed pursuant to subsections (h)(1) and

16

(h)(2) shall be allocated to UTGR.

17

     SECTION 3. Except to the extent amended by this act, the terms, conditions, provisions

18

and definitions of Chapter 322 and 323 of the Public Laws of 2005, Chapter 16 of the Public Laws

19

of 2010, Chapter 151, Article 25 of the Public Laws of 2011, Chapters 289 and 290 of the Public

20

Laws of 2012, Chapter 145, Article 13 of the Public Laws of 2014, Chapter 141, Article 11,

21

Sections 16 – 22 of the Public Laws of 2015, and Chapters 005 and 006 of the Public Laws of 2016

22

(in each case as the more recent law may have amended an earlier law or laws), are hereby

23

incorporated herein by reference and shall remain in full force and effect.

24

     Definitions. For the purposes of this act, the following terms shall have the following

25

meanings, and to the extent that such terms are otherwise defined in any provision of the general

26

or public laws (including but not limited to Chapter 16 of the public Laws of 2010, as amended,

27

and Chapters 005 and 006 of the public laws of 2016), for purposes of this act, those terms are

28

hereby amended to read as follows:

29

     SECTION 4. (a) "Division" means the division of lotteries within the department of

30

revenue and/or any successor as party to the UTGR Master Contract and the Newport Grand Master

31

Contract.

32

     (b) "Initial Promotional Points Program" means, as to UTGR, that promotional points

33

program authorized in Chapter 16, Section 4(a)(ii) of Part A of the Public Laws of 2010, as

34

amended by Chapter 151, Article 25, Section 8 of the Public Laws of 2011 and by this act. As to

 

Art8
RELATING TO TAXES AND REVENUES
(Page 8 of 59)

1

Newport Grand, "Initial Points Program" means that promotional points program authorized in

2

Chapter 16, Section 4(a)(ii) of Part B of the Public Laws of 2010, as amended by Chapter 151,

3

Article 25, Section 8 of the Public Laws of 2011 and by this act.

4

     (c) "Marketing Program" means, as to UTGR, that marketing program set forth in Chapter

5

16, Section 4(a)(iii) of Part A, of the Public Laws of 2010, as amended by Chapter 151, Article 25,

6

Section 8 of the Public Laws of 2011, and as amended by Chapter 145, Article 13, Section 5 of the

7

Public Laws of 2014, and as amended by Chapters 005 and 006 of the Public Laws of 2016, and as

8

clarified by this act. As to Newport Grand, "Marketing Program" means that marketing program

9

set forth in Chapter 16, Section 4(a)(iii) of Part B of the Public Laws of 2010, as amended by

10

Chapter 151, Article 25, Section 8 of the Public Laws of 2011, and as amended by Chapters 005

11

and 006 of the Public Laws of 2016, and as clarified by this act.

12

     (d) "Marketing Year" means the fiscal year of the state.

13

     (e) "Newport Grand" when it is referring to a legal entity, means Premier Entertainment II.

14

LLC and its permitted successors and assigns under the Newport Grand Master Contract. ''Newport

15

Grand," when it is referring to a gaming facility, means Newport Grand Slots, located at 150

16

Admiral Kalbfus Road, Newport, Rhode Island, unless and until state-operated video lottery games

17

are no longer offered at such facility in Newport and state-operated video-lottery games are offered

18

at a facility owned by Twin River-Tiverton located in Tiverton, Rhode Island, at which time

19

''Newport Grand" shall mean such Tiverton facility.

20

     (f) "Newport Grand Division Percentage" means for any Marketing Year, the Division's

21

percentage of net terminal income derived from video lottery terminals located at the Newport

22

Grand facility as set forth in §42-61.2-7.

23

     (g) "Newport Grand Master Contract" means that certain Master Video Lottery Terminal

24

Contract made as of November 23, 2005 by and between the Division and Newport Grand, as

25

amended and/or assigned from time to time in accordance with its terms.

26

     (h) "Prior Marketing Year" means the prior state fiscal year.

27

     (i) "Promotional Points " means the promotional points issued pursuant to any free play or

28

other promotional program operated by the Division at a licensed video lottery terminal facility

29

(including, without limitation, the Initial Promotional Points Program and Supplementary

30

Promotional Points Program as to UTGR and the Initial Promotional Points Program and

31

Supplementary Promotional Points Program as to Newport Grand), which may be downloaded to

32

a video lottery terminal by a player. Promotional Points are provided to customers and prospective

33

customers for no monetary charge. Customer registration may be required.

34

     (j) "Promotional Points Program" means, as to UTGR, the Initial Promotional Points

 

Art8
RELATING TO TAXES AND REVENUES
(Page 9 of 59)

1

Program or Supplementary Promotional Points Program applicable to UTGR, and as to Newport

2

Grand, the Initial Promotional Points Program or Supplementary Promotional Points Program

3

applicable to Newport Grand.

4

     (k) "Supplementary Promotional Points Program" means that promotional points program

5

authorized in Section 8 as to Twin River and Section 9 as to Newport Grand, of Chapters 289 and

6

290 of the Public Laws of 2012.

7

     (l) "Twin River-Tiverton" means Twin River-Tiverton LLC, a Delaware Limited Liability

8

Company. References herein to "Twin River-Tiverton" shall include its permitted successors and

9

assigns.

10

     (m) "UTGR" has the meaning given that term in Chapter 16 of the Public Laws of 2010,

11

Part A, Section 2(n).

12

     (n) "UTGR Division Percentage" means for any Marketing Year, the Division's percentage

13

of net terminal income derived from video lottery terminals located at the Twin River facility as

14

set forth in §42-61.2-7.

15

     (o) "UTGR Master Contract" means that certain Master Video Lottery Terminal Contract

16

made as of July 18, 2005 by and between the Division, the Department of Transportation and

17

UTGR, as amended and/or assigned from time to time in accordance with its terms.

18

     . Authorized Procurement of Sixth Amendment to the UTGR Master Contract.

19

Notwithstanding any general or public law, regulation or rule to the contrary, within ninety (90)

20

days of the enactment of this act, the Division is hereby expressly authorized, empowered and

21

directed to enter into with UTGR a Sixth Amendment to the UTGR Master Contract as described

22

in this section 5, to become effective April 1, 2017:

23

     SECTION 5. (a) Amendment to UTGR Supplementary Promotional Points Program.

24

     (1) The Supplementary Promotional Points Program applicable to Twin River, which is in

25

addition to the Initial Promotional Points Program), shall be amended so that UTGR may distribute

26

to customers and prospective customers Promotional Points of up to but not more than sixteen

27

percent (16%) of Twin River net terminal income for the Prior Marketing Year. For avoidance of

28

doubt, as a result of the foregoing amendment, the approved amount of Promotional Points that

29

may be distributed by UTGR pursuant to the Initial and Supplementary Promotional Points

30

Programs, in the aggregate, may be up to but not more than twenty percent (20%) of the amount of

31

net terminal income of Twin River for the Prior Marketing Year, plus an additional seven hundred

32

fifty thousand dollars ($750,000), subject however, to subsections (a)(3) and (a)(4) below. The

33

terms and conditions of the Initial and Supplementary Promotional Points Programs applicable to

34

Twin River shall be established from time to time by the Division, and such terms and conditions

 

Art8
RELATING TO TAXES AND REVENUES
(Page 10 of 59)

1

shall include, without limitation, a State fiscal year audit of the program, the cost of which audit

2

shall be borne by UTGR.

3

     (2) For the avoidance of doubt, the foregoing supersedes and replaces the provisions of the

4

UTGR Master Contract as established by Chapter 016, Section 4(a)(ii) of Part A of the public laws

5

of 2010, as amended pursuant to Chapter 151, Article 25, Section 8 of the Public Laws of 2011.

6

     (3) Notwithstanding the foregoing or anything in the general or public laws to the contrary,

7

the amendment to the UTGR Master Contract shall provide that nothing shall prohibit UTGR, with

8

prior approval from the Division, from spending additional funds on the Initial and/or

9

Supplementary Promotional Points Programs (i.e., distributing to customers and prospective

10

customers Promotional Points in amounts in excess of the amounts initially-approved by the

11

Division with respect to the Initial and/or Supplementary Promotional Points Program), even if

12

such additional amounts exceed four percent (4%) of Twin River net terminal income for the Prior

13

Marketing Year plus seven hundred fifty thousand dollars ($750,000) in regard to the Initial

14

Promotional Points Program for Twin River, or exceed sixteen percent (16%) of Twin River net

15

terminal income for the Prior Marketing Year in regard to the Supplementary Promotional Points

16

Program for Twin River, or exceed twenty percent (20%) of Twin River net terminal income for

17

the Prior Marketing Year plus seven hundred fifty thousand dollars ($750,000) in regard to the

18

Twin River Initial and Supplementary Promotional Points Programs in the aggregate; provided

19

however, that the expense of any such additional spending on Promotional Points shall be borne by

20

UTGR, subject to subsection (a)(4) below.

21

     (4) Notwithstanding any prior public or general law, rule, regulation or policy to the

22

contrary, UTGR shall remit to the Division the amount of any funds spent by UTGR in excess of

23

the amounts initially-approved by the Division with respect to the Initial and/or Supplementary

24

Promotional Points Programs – i.e., distributions to customers and prospective customers of

25

Promotional Points in excess of the amounts initially-approved by the Division for the Initial and/or

26

Supplementary Promotional Points Program, all pursuant to subsection (a)(3) above – and the

27

Division shall distribute such funds to the entities (including UTGR) entitled to a portion (or

28

percent) of net terminal income generated at Twin River pursuant to §42-61.2-7 of the Rhode Island

29

General Laws, paying to each such entity (including UTGR) that portion of the funds that is equal

30

to its portion (or percent) of net terminal income generated at Twin River as set forth in §42-61.2-

31

7 of the Rhode Island General Laws.

32

     (b) Except to the extent amended and/or clarified pursuant to subsection (a) above, the

33

terms, provisions and conditions of the UTGR Master Contract, including without limitation those

34

terms, provisions and conditions relating to the Initial Promotion Points Program, the

 

Art8
RELATING TO TAXES AND REVENUES
(Page 11 of 59)

1

Supplementary Promotional Points Program and the Marketing Program, shall remain in full force

2

and effect. If there is a conflict between any provision of the UTGR Master Contract and this act,

3

the provisions of this act control.

4

     . Authorized Procurement of Sixth Amendment to the Newport Grand Master Contract.

5

Notwithstanding any general or public law, regulation or rule to the contrary, within ninety (90)

6

days of the enactment of this act, the Division is hereby expressly authorized, empowered and

7

directed to enter into with Newport Grand a Sixth Amendment to the Newport Grand Master

8

Contract as described in this section 6, to become effective April 1, 2017, except the amendment

9

made pursuant to subsection (b) below shall take effect pursuant to its terms:

10

     SECTION 6. (a) Amendment to Newport Grand Supplementary Promotional Points

11

Program.

12

     (1) The Supplementary Promotional Points Program applicable to Newport Grand, which

13

is in addition to the Initial Promotional Points Program, shall be amended so that Newport Grand

14

may distribute to customers and prospective customers Promotional Points up to but not more than

15

sixteen percent (16%) of Newport Grand net terminal income for the Prior Marketing Year. For

16

avoidance of doubt, as a result of the foregoing amendment, the approved amount of Promotional

17

Points that may be distributed by Newport Grand pursuant to the Initial and Supplementary

18

Promotional Points Programs, in the aggregate, may be up to but not more than twenty percent

19

(20%) of the amount of net terminal income of Newport Grand for the Prior Marketing Year, plus

20

an additional seven hundred fifty thousand dollars ($750,000), subject however, to subsections

21

(a)(3) and (a)(4) below. The terms and conditions of the Initial and Supplementary Promotional

22

Points Programs applicable to Newport Grand shall be established from time to time by the

23

Division, and such terms and conditions shall include, without limitation, a State fiscal year audit

24

of the program, the cost of which audit shall be borne by Newport Grand.

25

     (2) For the avoidance of doubt, the foregoing supersedes and replaces the provisions of the

26

Newport Grand Master Contract as established by Chapter 016, Section 4(a)(ii) of Part B of the

27

public laws of 2010, as amended pursuant to Chapter 151, Article 25, Section 8 of the Public Laws

28

of 2011.

29

     (3) Notwithstanding the foregoing or anything in the general or public laws to the contrary,

30

the amendment to the Newport Grand Master Contract shall provide that nothing shall prohibit

31

Newport Grand, with prior approval from the Division, from spending additional funds on the

32

Initial and/or Supplementary Promotional Points Programs (i.e., distributing to customers and

33

prospective customers Promotional Points in amounts in excess of the amounts initially-approved

34

by the Division with respect to the Initial and/or Supplementary Promotional Points Program), even

 

Art8
RELATING TO TAXES AND REVENUES
(Page 12 of 59)

1

if such additional amounts exceed four percent (4%) of Newport Grand net terminal income for the

2

Prior Marketing Year plus seven hundred fifty thousand dollars ($750,000) in regard to the Initial

3

Promotional Points Program for Newport Grand, or exceed sixteen percent (16%) of Newport

4

Grand net terminal income for the Prior Marketing Year in regard to the Supplementary

5

Promotional Points Program for Newport Grand, or exceed twenty percent (20%) of Newport

6

Grand net terminal income for the Prior Marketing Year plus seven hundred fifty thousand dollars

7

($750,000) in regard to the Newport Grand Initial and Supplementary Promotional Points Programs

8

in the aggregate; provided however, that the expense of any such additional spending on

9

Promotional Points shall be borne by Newport Grand, subject to subsection (a)(4) below.

10

     (4) Notwithstanding any prior public or general law, rule, regulation or policy to the

11

contrary, Newport Grand shall remit to the Division the amount of any funds spent by Newport

12

Grand in excess of the amounts initially-approved by the Division with respect to the Initial and/or

13

Supplementary Promotional Points Programs – i.e., distributions to customers and prospective

14

customers of Promotional Points in excess of the amounts initially-approved by the Division for

15

the Initial and/or Supplementary Promotional Points Program, all pursuant to subsection (a)(3)

16

above – and the Division shall distribute such funds to the entities (including Newport Grand)

17

entitled to a portion (or percent) of net terminal income generated at Newport Grand pursuant to

18

§42-61.2-7 of the Rhode Island General Laws, paying to each such entity (including Newport

19

Grand) that portion of the funds that is equal to its portion (or percent) of net terminal income

20

generated at Newport Grand as set forth in §42-61.2-7 of the Rhode Island General Laws.

21

     (b) Amendment to conform Newport Grand Master Contract to amendment to §42-61.2-7

22

of the Rhode Island General Laws. The Newport Grand Master Contract shall be amended to

23

conform that contract to the amendments made by section 2 of this act to §42-61.2-7 of the Rhode

24

Island General Laws. More specifically, the Newport Grand Master Contract shall be amended

25

such that the last sentence of Section 3.1 of the Fourth Amendment to the Newport Grand Master

26

Contract (dated July 14, 2015), shall read as follows, or with the following effect: "The increase in

27

rate of net terminal income payable to Newport Grand provided for in this Section 3.1 shall sunset

28

and expire upon the commencement of the operation of casino gaming at Twin River-Tiverton's

29

facility located in the town of Tiverton, and the rate in effect as of June 30, 2013 shall be reinstated,

30

and payable to the licensed entity hosting the casino gaming at such facility."

31

     (c) Except to the extent amended and/or clarified pursuant to subsections (a) and (b) above,

32

the terms, provisions and conditions of the Newport Grand Master Contract, including without

33

limitation those terms, provisions and conditions relating to the Initial Promotion Points Program,

34

the Supplementary Promotional Points Program and the Marketing Program, shall remain in full

 

Art8
RELATING TO TAXES AND REVENUES
(Page 13 of 59)

1

force and effect. If there is a conflict between any provision of the Newport Grand Master Contract

2

and this act, the provisions of this act control.

3

     SECTION 7. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing

4

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

5

     23-17-38.1. Hospitals – Licensing fee.

6

     (a) There is also imposed a hospital licensing fee at the rate of five and eight hundred sixty-

7

two thousandths percent (5.862%) upon the net patient services revenue of every hospital for the

8

hospital's first fiscal year ending on or after January 1, 2014, except that the license fee for all

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

be made by electronic transfer of monies to the general treasurer and deposited to the general fund.

18

Every hospital shall, on or before June 13, 2016, make a return to the tax administrator containing

19

the correct computation of net patient services revenue for the hospital fiscal year ending September

20

30, 2014, and the licensing fee due upon that amount. All returns shall be signed by the hospital's

21

authorized representative, subject to the pains and penalties of perjury.

22

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

23

two thousandths percent (5.652%) upon the net patient-services revenue of every hospital for the

24

hospital's first fiscal year ending on or after January 1, 2015, except that the license fee for all

25

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

26

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

27

U.S. Department of Health and Human Services of a state plan amendment submitted by the

28

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

29

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

30

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

31

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

32

shall pay the licensing fee to the tax administrator on or before July 10, 2017, and payments shall

33

be made by electronic transfer of monies to the general treasurer and deposited to the general fund.

34

Every hospital shall, on or before June 14, 2017, make a return to the tax administrator containing

 

Art8
RELATING TO TAXES AND REVENUES
(Page 14 of 59)

1

the correct computation of net patient-services revenue for the hospital fiscal year ending

2

September 30, 2015 and the licensing fee due upon that amount. All returns shall be signed by the

3

hospital's authorized representative, subject to the pains and penalties of perjury.

4

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

5

hundredths percent (5.57%) upon the net patient-services revenue of every hospital for the

6

hospital's first fiscal year ending on or after January 1, 2016, except that the license fee for all

7

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

8

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

9

U.S. Department of Health and Human Services of a state plan amendment submitted by the

10

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

11

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

12

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

13

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

14

shall pay the licensing fee to the tax administrator on or before July 10, 2018, and payments shall

15

be made by electronic transfer of monies to the general treasurer and deposited to the general fund.

16

Every hospital shall, on or before June 14, 2018, make a return to the tax administrator containing

17

the correct computation of net patient-services revenue for the hospital fiscal year ending

18

September 30, 2016 and the licensing fee due upon that amount. All returns shall be signed by the

19

hospital's authorized representative, subject to the pains and penalties of perjury.

20

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

21

meanings:

22

     (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,

23

licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on

24

that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital

25

conversions) and §23-17-6(b) (change in effective control), that provides short-term acute inpatient

26

and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,

27

disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid

28

managed care payment rates for a court-approved purchaser that acquires a hospital through

29

receivership, special mastership or other similar state insolvency proceedings (which court-

30

approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly

31

negotiated rates between the court-approved purchaser and the health plan, and such rates shall be

32

effective as of the date that the court-approved purchaser and the health plan execute the initial

33

agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital

34

payments and outpatient hospital payments set for the §§ 40-8-13.4(b)(1)(B)(iii) and 40-8-

 

Art8
RELATING TO TAXES AND REVENUES
(Page 15 of 59)

1

13.4(b)(2), respectively, shall thereafter apply to negotiated increases for each annual twelve-month

2

(12) period as of July 1 following the completion of the first full year of the court-approved

3

purchaser's initial Medicaid managed care contract.

4

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

5

services.

6

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

7

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

8

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

9

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

10

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

11

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

12

are duly licensed on July 1, 2016 2017, and shall be in addition to the inspection fee imposed by §

13

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

14

     SECTION 8. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby

15

amended by adding thereto the following sections:

16

     44-1-37. Administrative penalties and attorney's fees.

17

     (a) Whenever a licensee and/or a taxpayer violates any provision of title 44 or the

18

regulations promulgated thereunder, the tax administrator may, in accordance with the

19

requirements of the Administrative Procedures Act, Chapter 35 of Title 42 of the Rhode Island

20

General Laws:

21

     (1) Revoke or suspend a license or permit issued by the division of taxation;

22

     (2) Levy an administrative penalty in an amount not less than one hundred ($100) nor more

23

than fifty thousand dollars ($50,000);

24

     (3) Order the violator to cease such actions; and/or

25

     (4) Any combination of the above penalties.

26

     (b) The tax administrator is hereby authorized, and may in his or her discretion, recover

27

the reasonable cost of legal services provided by in-house attorneys in the Department of Revenue

28

and/or the Division of Taxation incurred in matters pertaining to administrative hearings, court

29

hearings, and appeals. Nothing in this section shall limit the power of the tax administrator to retain

30

outside legal counsel and to recover the costs of such legal counsel pursuant to other provisions of

31

the general laws.

32

     (c) Any monetary penalties assessed pursuant to this section shall be deposited in the

33

general fund.

34

     44-1-38. Jeopardy determinations.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 16 of 59)

1

     If the tax administrator believes that the collection of any amount of tax, interest, and/or

2

penalty assessed in a notice of deficiency determination will be jeopardized by a delay which could

3

render a person or entity judgment proof and/or frustrate the collectability of said determination,

4

the tax administrator shall thereupon make a jeopardy determination of the amount of tax required

5

to be collected, including interest and penalties, if any. Said jeopardy determination shall state

6

briefly the facts upon which it is based. The amount of the tax, interest, and/or penalties so

7

determined shall be due and payable immediately upon the mailing by the tax administrator of the

8

notice of that jeopardy determination. Within thirty (30) days of the date of the mailing of the notice

9

of the jeopardy determination, the taxpayer may bring an action in the sixth (6th) division district

10

court appealing the jeopardy determination. Within twenty (20) days after the action is commenced,

11

the district court shall make a determination of whether or not the making of the jeopardy

12

assessment was reasonable under the circumstances.

13

     44-1-39. Information deemed state property.

14

     For the purpose of determining taxpayer compliance, any and all information or data

15

required to be generated or maintained pursuant to title 44 and/or the regulations promulgated

16

thereunder, shall be deemed to be the property of the State of Rhode Island.

17

     SECTION 9. Sections 44-11-2.2 and 44-11-29 of the General Laws in Chapter 44-11

18

entitled "Business Corporation Tax" are hereby amended to read as follows:

19

     44-11-2.2 Pass-Through Entities – Definitions – Withholding – Returns.

20

     (a) Definitions.

21

     (1) "Pass-through entity" means a corporation that for the applicable tax year is treated as

22

an S Corporation under IRC § 1362(a) [26 U.S.C. § 1362(a)], and a general partnership, limited

23

partnership, limited liability partnership, trust, or limited liability company that for the applicable

24

tax year is not taxed as a corporation for federal tax purposes under the state's check-the-box

25

regulation.

26

     (2) "Member" means an individual who is a shareholder of an S corporation; a partner in a

27

general partnership, a limited partnership, or a limited liability partnership; a member of a limited

28

liability company; or a beneficiary of a trust;

29

     (3) "Nonresident" means an individual who is not a resident of or domiciled in the state, a

30

business entity that does not have its commercial domicile in the state, and a trust not organized in

31

the state.

32

     (b) Withholding.

33

     (1) A pass-through entity shall withhold income tax at the highest Rhode Island

34

withholding tax rate provided for individuals or nine percent (9%) seven percent (7%) for

 

Art8
RELATING TO TAXES AND REVENUES
(Page 17 of 59)

1

corporations on the member's share of income of the entity which is derived from or attributable to

2

sources within this state distributed to each nonresident member and pay the withheld amount in

3

the manner prescribed by the tax administrator. The pass-through entity shall be liable for the

4

payment of the tax required to be withheld under this section and shall not be liable to such member

5

for the amount withheld and paid over in compliance with this section. A member of a pass-through

6

entity that is itself a pass-through entity (a "lower-tier pass-through entity") shall be subject to this

7

same requirement to withhold and pay over income tax on the share of income distributed by the

8

lower-tier pass-through entity to each of its nonresident members. The tax administrator shall apply

9

tax withheld and paid over by a pass-through entity on distributions to a lower-tier pass-through

10

entity to the withholding required of that lower-tier pass-through entity.

11

     (2) A pass-through entity shall, at the time of payment made pursuant to this section, deliver

12

to the tax administrator a return upon a form prescribed by the tax administrator showing the total

13

amounts paid or credited to its nonresident members, the amount withheld in accordance with this

14

section, and any other information the tax administrator may require. A pass-through entity shall

15

furnish to its nonresident member annually, but not later than the fifteenth day of the third month

16

after the end of its taxable year, a record of the amount of tax withheld on behalf of such member

17

on a form prescribed by the tax administrator.

18

     (c) Notwithstanding subsection (b), a pass-through entity is not required to withhold tax

19

for a nonresident member if:

20

     (1) The member has a pro rata or distributive share of income of the pass-through entity

21

from doing business in, or deriving income from sources within, this State of less than $1,000 per

22

annual accounting period;

23

     (2) The tax administrator has determined by regulation, ruling or instruction that the

24

member's income is not subject to withholding; or

25

     (3) The member elects to have the tax due paid as part of a composite return filed by the

26

pass-through entity under subsection (d); or

27

     (4) The entity is a publicly traded partnership as defined by Section 7704(b) of the Internal

28

Revenue Code (26 U.S.C. § 7704(b)) that is treated as a partnership for the purposes of the Internal

29

Revenue Code and that has agreed to file an annual information return reporting the name, address,

30

taxpayer identification number and other information requested by the tax administrator of each

31

unitholder with an income in the state in excess of $500.

32

     (d) Composite return.

33

     (1) A pass-through entity may file a composite income tax return on behalf of electing

34

nonresident members reporting and paying income tax at the state's highest marginal rate on the

 

Art8
RELATING TO TAXES AND REVENUES
(Page 18 of 59)

1

members' pro rata or distributive shares of income of the pass-through entity from doing business

2

in, or deriving income from sources within, this State.

3

     (2) A nonresident member whose only source of income within a state is from one or more

4

pass-through entities may elect to be included in a composite return filed pursuant to this section.

5

     (3) A nonresident member that has been included in a composite return may file an

6

individual income tax return and shall receive credit for tax paid on the member's behalf by the

7

pass-through entity.

8

     44-11-29. Notice to tax administrator of sale of assets – Tax due.

9

     (a) The sale or transfer of the major part in value of the assets of a domestic corporation,

10

domestic limited liability company, domestic limited partnership, or any other domestic business

11

entity, or of the major part in value of the assets situated in this state of a foreign corporation,

12

foreign limited liability company, foreign limited partnership, or any other foreign business entity,

13

other than in the ordinary course of trade and in the regular and usual prosecution of the

14

corporation's business by said corporation, limited liability company, limited partnership, or any

15

other business entity whether domestic or foreign, and the sale or transfer of the major part in value

16

of the assets of a domestic corporation, domestic limited liability company, domestic limited

17

partnership, or any other domestic corporation business entity, or of the major part in value of the

18

assets situated in this state of a foreign corporation, foreign limited liability company, foreign

19

limited partnership, or any other foreign business entity which is engaged in the business of buying,

20

selling, leasing, renting, managing, or dealing in real estate, shall be fraudulent and void as against

21

the state unless the corporation, limited liability company, limited partnership, or any other business

22

entity, whether domestic or foreign, corporation shall, at least five (5) business days before the sale

23

or transfer, notify notifies the tax administrator of the proposed sale or transfer and of the price,

24

terms, and conditions of the sale or transfer and of the character and location of the assets by

25

requesting a letter of good standing from the tax division. Whenever a corporation, limited liability

26

company, limited partnership, or any other business entity, whether domestic or foreign, shall

27

makes such a sale or transfer, the tax imposed by this chapter any and all tax returns required to be

28

filed under this title must be filed and any and all taxes imposed under this title shall become due

29

and payable at the time when the tax administrator is so notified of the sale or transfer, or, if he or

30

she is not so notified, at the time when he or she should have been notified of the sale or transfer.

31

     (b) This section shall not apply to sales by receivers, assignees under a voluntary

32

assignment for the benefit of creditors, trustees in bankruptcy, debtors in possession in bankruptcy,

33

or public officers acting under judicial process.

34

     SECTION 10. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and

 

Art8
RELATING TO TAXES AND REVENUES
(Page 19 of 59)

1

Use Taxes – Liability and Computation" is hereby amended to read as follows:

2

     44-18-30.1. Application for certificate of exemption – Fees.

3

     A fee of twenty-five dollars ($25.00) shall be paid by all organizations applying for a

4

certificate of exemption from the Rhode Island sales and use tax under § 44-18-30(5). The

5

certificate of exemption shall be valid for four (4) years from the date of issue. All fees collected

6

under this section shall be allocated to the tax administrator for enforcement and collection of all

7

taxes. All certificates issued prior to the effective date of this section shall expire four (4) years

8

from the effective date of this section.

9

     SECTION 11. Sections 44-19-22, 44-19-31, and 44-19-42 of the General Laws in Chapter

10

44-19 entitled "Sales and Use Taxes – Enforcement and Collection" are hereby amended to read as

11

follows:

12

     44-19-22. Notice of transfer of business – Taxes due immediately.

13

     The sale or transfer by any taxpayer other than receivers, assignees under a voluntary

14

assignment for the benefit of creditors, trustees in bankruptcy, debtors in possession in bankruptcy,

15

or public officers acting under judicial process of the major part in value of the assets of the taxpayer

16

other than in the ordinary course of trade and the regular and usual prosecution of the taxpayer's

17

business, is fraudulent and void as against the state, unless the taxpayer, at least five (5) days before

18

the sale or transfer, notifies the tax administrator of the proposed sale or transfer and of the price,

19

terms, and conditions of the sale or transfer and of the character and location of those assets by

20

requesting a letter of good standing from the tax division. Whenever the taxpayer makes a sale or

21

transfer, any and all tax returns required to be filed under this title must be filed and any and all

22

taxes imposed under by chapter 18 of this title must be paid at the time when the tax administrator

23

is so notified of the sale or transfer, or, if the administrator is not so notified, at the time when he

24

or she the administrator should have been notified of the sale or transfer.

25

     44-19-31. Penalty for violations generally.

26

     Any retailer or other person failing to file a return or report required by this chapter, or

27

filing or causing to be filed, or making or causing to be made, or giving or causing to be given any

28

return, report, certificate, affidavit, representation, information, testimony, or statement required or

29

authorized by this chapter, which is willfully false, or willfully failing to file a bond required by

30

this chapter or willfully failing to comply with the provisions of this chapter, or failing to file a

31

registration certificate and that data in connection with it as the tax administrator by regulation or

32

may require, or to display or surrender a permit as required by this chapter, or assigning or

33

transferring the permit, or failing to file a notice of a show or failing to display a permit to operate

34

a show or operating a show without obtaining a permit, or permitting a person to display or sell

 

Art8
RELATING TO TAXES AND REVENUES
(Page 20 of 59)

1

tangible personal property, services, or food and drink at a show without displaying a permit, or

2

willfully failing to charge separately the tax imposed by this chapter or to state the tax separately

3

on any bill, statement, memorandum, or receipt issued or employed by the person upon which the

4

tax is required to be stated separately as provided in § 44-19-8, or willfully failing to collect the tax

5

from a customer, or willfully failing to remit any tax to the state which was collected from a

6

customer, or who refers or causes reference to be made to this tax in a form or manner other than

7

that required by this chapter, or failing to keep any records required by this chapter, is, in addition

8

to any other penalties in this chapter or elsewhere prescribed, guilty of a felony, punishment for

9

which is a fine of not more than ten thousand dollars ($10,000) twenty-five thousand dollars

10

($25,000), or imprisonment for one five years, or both.

11

     44-19-42. Suppression of Sales Sales suppression devices – Definitions and

12

applicability.

13

     (a) As used in this section:

14

     (1)"Automated sales suppression device," also known as a "zapper," means a software

15

program, carried on a memory stick or removable compact disc, accessed through an Internet link,

16

or accessed through any other means, that falsifies transaction data, transaction reports, or any other

17

electronic records of electronic cash registers and other point-of-sale systems.

18

     (2) "Electronic cash register" means a device that keeps a register, accounting, or

19

supporting documents through the means of an electronic device or computer system designed to

20

record transaction data for the purpose of computing, compiling, or processing retail sales

21

transaction data in any manner.

22

     (3) "Phantom-ware" means a hidden programming option, whether preinstalled or installed

23

at a later time, embedded in the operating system of an electronic cash register or hardwired into

24

the electronic cash register that:

25

     (i) Can be used to create a virtual second till; or

26

     (ii) May eliminate or manipulate transaction records in any manner.

27

     (4) "Remote data manipulation means and includes, but is not limited to, sending,

28

transmitting, transporting, or receiving through any electronic means any and all transaction data

29

to a remote location, whether or not that location is within Rhode Island or outside the state or the

30

United States, for the purpose of manipulating and/or altering said data in any way, whether or not

31

the actual manipulation is performed manually or through automated means.

32

     (4)(5) "Transaction data" includes items purchased by a customer, the price for each item.

33

A taxability determination for each item, a segregated tax amount for each of the taxed items, the

34

amount of cash, debit, or credit tendered, the net amount returned to the customer in change, the

 

Art8
RELATING TO TAXES AND REVENUES
(Page 21 of 59)

1

date and time of the purchase, the name, address, and identification number of the vendor, and the

2

receipt or invoice number of the transaction.

3

     (5)(6) "Transaction reports" means a report documenting, but not limited to, the sales, the

4

taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash

5

register tape at the end of a day or shift, or a report documenting every action at an electronic cash

6

register that is stored electronically.

7

     (b) A person shall not knowingly sell, purchase, install, transfer or possess an automated

8

sales suppression device or phantom-ware.

9

     (c) A person shall not knowingly suppress sales by engaging in remote data manipulation,

10

either as the sender or the receiver of the information.

11

     (c)(d) Any person who violates subdivision (b) and/or (c) of this section shall be guilty of

12

a felony and, upon conviction, shall be subject to a fine not exceeding fifty-thousand dollars

13

($50,000) or imprisonment not exceeding five (5) years, or both.

14

     (d)(e) In addition, a person who violates subdivision (b) and/or (c) of this section shall be

15

liable to the state for:

16

     (1) All taxes, interest, and penalties due as the result of the person's use of an automated

17

sales suppression device or phantom-ware and/or remote data manipulation; and

18

     (2) All profits associated with the person's sale of an automated sales suppression device

19

or phantom-ware and/or remote data manipulation.

20

     (e)(f) An automated sales suppression device or phantom-ware and any device containing

21

such device or software shall be deemed contraband and shall be subject to seizure by the tax

22

administrator or by a law enforcement officer when directed to do so by the tax administrator.

23

     (f)(g) Safe harbor. A person shall not be subject to prosecution under Rhode Island general

24

laws § 44-19-42, if by October 1, 2014, the person:

25

     (1) Notifies the division of taxation of the person's possession of an automated sales

26

suppression device;

27

     (2) Provides any and all information requested by the division of taxation, including

28

transaction records, software specifications, encryption keys, passwords, and other data; and

29

     (3) Corrects any underreported sales tax records and fully pays the division of taxation any

30

amounts previously owed.

31

     (g)(h) This section shall not be construed to limit the person's civil or criminal liability

32

under any other provision of the law.

33

     SECTION 12. Sections 44-20-12 and 44-20-13of the General Laws in Chapter 44-20

34

entitled "Cigarette Tax" are hereby amended to read as follows

 

Art8
RELATING TO TAXES AND REVENUES
(Page 22 of 59)

1

     44-20-12. Tax imposed on cigarettes sold.

2

     A tax is imposed on all cigarettes sold or held for sale in the state. The payment of the tax

3

to be evidenced by stamps, which may be affixed only by licensed distributors to the packages

4

containing such cigarettes. Any cigarettes on which the proper amount of tax provided for in this

5

chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under

6

this chapter. The tax is at the rate of one hundred eighty-seven and one half (187.5) two hundred

7

twelve and one-half (212.5) mills for each cigarette.

8

     44-20-13. Tax imposed on unstamped cigarettes.

9

     A tax is imposed at the rate of one hundred eighty-seven and one half (187.5) two hundred

10

twelve and one-half (212.5) mills for each cigarette upon the storage or use within this state of any

11

cigarettes not stamped in accordance with the provisions of this chapter in the possession of any

12

consumer within this state.

13

     SECTION 13. Chapter 44-20 of the General Laws entitled "Cigarette Tax" is hereby

14

amended by adding thereto the following section:

15

     44-20-12.6. Floor stock tax on cigarettes and stamps.

16

     (a) Each person engaging in the business of selling cigarettes at retail in this state shall pay

17

a tax or excise to the state for the privilege of engaging in that business during any part of the

18

calendar year 2017. In calendar year 2017, the tax shall be measured by the number of cigarettes

19

held by the person in this state at 12:01 a.m. on August 1, 2017 and is computed at the rate of

20

twenty-five (25.0) mills for each cigarette on August 1, 2017.

21

     (b) Each distributor licensed to do business in this state pursuant to this chapter shall pay a

22

tax or excise to the state for the privilege of engaging in that business during any part of the calendar

23

year 2017. The tax is measured by the number of stamps, whether affixed or to be affixed to

24

packages of cigarettes, as required by § 44-20-28. In calendar year 2017 the tax is measured by the

25

number of stamps), whether affixed or to be affixed, held by the distributor at 12:01 a.m. on August

26

1, 2017, and is computed at the rate of twenty-five (25.0) mills per cigarette in the package to which

27

the stamps are affixed or to be affixed.

28

     (c) Each person subject to the payment of the tax imposed by this section shall, on or before

29

August 15, 2017, file a return, under oath or certified under the penalties of perjury, with the tax

30

administrator on forms furnished by him or her, showing the amount of cigarettes and the number

31

of stamps in that person's possession in this state at 12:01 a.m. on August 1, 2017, as described in

32

this section above, and the amount of tax due, and shall at the time of filing the return pay the tax

33

to the tax administrator. Failure to obtain forms shall not be an excuse for the failure to make a

34

return containing the information required by the tax administrator.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 23 of 59)

1

     (d) The tax administrator may prescribe rules and regulations, not inconsistent with law,

2

with regard to the assessment and collection of the tax imposed by this section.

3

     SECTION 14. The title of Chapter 44-20 of the General Laws entitled "Cigarette Tax" is

4

hereby amended to read as follows:

5

CHAPTER 44-20

6

Cigarette Tax

7

CHAPTER 44-20

8

CIGARETTE AND OTHER TOBACCO PRODUCTS TAX

9

     SECTION 15. Sections 44-20-1, 44-20-3, 44-20-4.1, 44-20-8, 44-20-8.2, 44-20-13.2, 44-

10

20-15, 44-20-33, 44-20-35, 44-20-40.1, 44-20-43, 44-20-45, and 44-20-51.1 of the General Laws

11

in Chapter 44-20 entitled "Cigarette Tax" are hereby amended to read as follows:

12

     44-20-1. Definitions.

13

     Whenever used in this chapter, unless the context requires otherwise:

14

     (1) "Administrator" means the tax administrator;

15

     (2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form,

16

and each sheet of cigarette rolling paper, including but not limited to, paper made into a hollow

17

cylinder or cone, made with paper or any other material, with or without a filter suitable for use in

18

making cigarettes;

19

     (3) "Dealer" means any person whether located within or outside of this state, who sells or

20

distributes cigarettes and/or other tobacco products to a consumer in this state;

21

     (4) "Distributor" means any person:

22

     (A) Whether located within or outside of this state, other than a dealer, who sells or

23

distributes cigarettes and/or other tobacco products within or into this state. Such term shall not

24

include any cigarette or other tobacco product manufacturer, export warehouse proprietor, or

25

importer with a valid permit under 26 U.S.C. § 5712, if such person sells or distributes cigarettes

26

and/or other tobacco products in this state only to licensed distributors, or to an export warehouse

27

proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712;

28

     (B) Selling cigarettes and/or other tobacco products directly to consumers in this state by

29

means of at least twenty-five (25) cigarette vending machines;

30

     (C) Engaged in this state in the business of manufacturing cigarettes and/or other tobacco

31

products or any person engaged in the business of selling cigarettes and/or other tobacco products

32

to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five percent

33

(75%) of all cigarettes and/or other tobacco products sold by that person in this state are sold to

34

dealers or other persons for resale and selling cigarettes and/or other tobacco products directly to

 

Art8
RELATING TO TAXES AND REVENUES
(Page 24 of 59)

1

at least forty (40) dealers or other persons for resale; or

2

     (D) Maintaining one or more regular places of business in this state for that purpose;

3

provided, that seventy-five percent (75%) of the sold cigarettes and/or other tobacco products are

4

purchased directly from the manufacturer and selling cigarettes and/or other tobacco products

5

directly to at least forty (40) dealers or other persons for resale;

6

     (5) "Importer" means any person who imports into the United States, either directly or

7

indirectly, a finished cigarette or other tobacco product for sale or distribution;

8

     (6) "Licensed", when used with reference to a manufacturer, importer, distributor or dealer,

9

means only those persons who hold a valid and current license issued under § 44-20-2 for the type

10

of business being engaged in. When the term "licensed" is used before a list of entities, such as

11

"licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be deemed

12

to apply to each entity in such list;

13

     (7) "Manufacturer" means any person who manufactures, fabricates, assembles, processes,

14

or labels a finished cigarette and/or other tobacco products;

15

     (8) "Other tobacco products" (OTP) means any cigars (excluding Little Cigars, as defined

16

in § 44-20.2-1, which are subject to cigarette tax), cheroots, stogies, smoking tobacco (including

17

granulated, plug cut, crimp cut, ready rubbed and any other kinds and forms of tobacco suitable for

18

smoking in a otherwise), chewing tobacco (including Cavendish, twist, plug, scrap and any other

19

kinds and forms of tobacco suitable for chewing), any and all forms of hookah, shisha and

20

"mu'assel" tobacco, snuff, and shall include any other articles or products made of or containing

21

tobacco, in whole or in part, or any tobacco substitute, except cigarettes;

22

     (8)(9) "Person" means any individual, including an employee or agent, firm, fiduciary,

23

partnership, corporation, trust, or association, however formed;

24

     (10) "Pipe" means an apparatus made of any material used to burn or vaporize products so

25

that the smoke or vapors can be inhaled or ingested by the user;

26

     (9)(11) "Place of business" means and includes any place location where cigarettes and/or

27

other tobacco products are sold, or where cigarettes are stored, or kept for the purpose of sale or

28

consumption, including, but not limited to, any storage room, attic, basement, garage or other

29

facility immediately adjacent to the location. It also includes any receptacle, hide, vessel, vehicle,

30

airplane, train, or vending machine;

31

     (10)(12) "Sale" or "sell" includes and applies to means gifts, exchanges, and barter; of

32

cigarettes and/or other tobacco products. The act of holding, storing, or keeping cigarettes and/or

33

other tobacco products at a place of business for any purpose shall be presumed to be holding the

34

cigarettes and/or other tobacco products for sale. Furthermore, any sale of cigarettes and/or other

 

Art8
RELATING TO TAXES AND REVENUES
(Page 25 of 59)

1

tobacco products by the servants, employees, or agents of the licensed dealer during business hours

2

at the place of business shall be presumed to be a sale by the licensee;

3

     (11)(13) "Stamp" means the impression, device, stamp, label, or print manufactured,

4

printed, or made as prescribed by the administrator to be affixed to packages of cigarettes, as

5

evidence of the payment of the tax provided by this chapter or to indicate that the cigarettes are

6

intended for a sale or distribution in this state that is exempt from state tax under the provisions of

7

state law; and also includes impressions made by metering machines authorized to be used under

8

the provisions of this chapter.

9

     44-20-3. Penalties for unlicensed business.

10

     Any distributor or dealer who sells, offers for sale, or possesses with intent to sell, cigarettes

11

and/or any other tobacco products without a license as provided in § 44-20-2, shall be fined in

12

accordance with the provisions of and the penalties contained in § 11-9-13.15. shall be guilty of a

13

misdemeanor, and shall be fined not more than ten thousand dollars ($10,000) for each offense, or

14

be imprisoned for a term not to exceed one (1) year, or be punished by both a fine and

15

imprisonment.

16

     44-20-4.1. License availability.

17

     (a) No license under this chapter may be granted, maintained or renewed if the applicant,

18

or any combination of persons owning directly or indirectly any interests in the applicant:

19

     (1) Owes five hundred dollars ($500) or more in delinquent cigarette taxes;

20

     (2) Is delinquent in any tax filings for one month or more;

21

     (3) Had a license under this chapter revoked by the administrator within the past two (2)

22

years;

23

     (4) Has been convicted of a crime relating to cigarettes stolen or counterfeit cigarettes

24

and/or other tobacco products;

25

     (5) Is a cigarette manufacturer or importer that is neither: (i) a participating manufacturer

26

as defined in subjection II (jj) of the "Master Settlement Agreement" as defined in § 23-71-2; nor

27

(ii) in full compliance with chapter 20.2 of this title and § 23-71-3;

28

     (6) Has imported, or caused to be imported, into the United States any cigarette or other

29

tobacco product in violation of 19 U.S.C. § 1681a; or

30

     (7) Has imported, or caused to be imported, into the United States, or manufactured for

31

sale or distribution in the United States any cigarette that does not fully comply with the Federal

32

Cigarette Labeling and Advertising Act (15 U.S.C. § 1331, et. seq).

33

     (b)(1) No person shall apply for a new license or permit (as defined in § 44-19-1) or renewal

34

of a license or permit, and no license or permit shall be issued or renewed for any applicant, or any

 

Art8
RELATING TO TAXES AND REVENUES
(Page 26 of 59)

1

combination of persons owning directly or indirectly any interests in the applicant person, unless

2

all outstanding fines, fees or other charges relating to any license or permit held by that person the

3

applicant, or any combination of persons owning directly or indirectly any interests in the applicant,

4

as well as any other tax obligations of the applicant, or any combination of persons owning directly

5

or indirectly any interests in the applicant have been paid.

6

     (2) No license or permit shall be issued relating to a business at any specific location until

7

all prior licenses or permits relating to that business or to that location have been officially

8

terminated and all fines, fees or charges relating to the prior licenses license or permit have been

9

paid or otherwise resolved or the administrator has found that the person applying for the new

10

license or permit is not acting as an agent for the prior licensee or permit holder who is subject to

11

any such related fines, fees or charges that are still due. Evidence of such agency status includes,

12

but is not limited to, a direct familial relationship and/or an employment, contractual or other formal

13

financial or business relationship with the prior licensee or permit holder.

14

     (3) No person shall apply for a new license or permit pertaining to a specific location in

15

order to evade payment of any fines, fees or other charges relating to a prior license or permit for

16

that location.

17

     (4) No new license or permit shall be issued for a business at a specific location for which

18

a license or permit already has been issued unless there is a bona fide, good faith change in

19

ownership of the business at that location.

20

     (5) No license or permit shall be issued, renewed or maintained for any person, including

21

the owners of the business being licensed or having applied and received a permit, that has been

22

convicted of violating any criminal law relating to tobacco products, the payment of taxes or fraud

23

or has been ordered to pay civil fines of more than twenty-five thousand ($25,000) dollars for

24

violations of any civil law relating to tobacco products, the payment of taxes or fraud.

25

     44-20-8. Suspension or revocation of license.

26

     The tax administrator may suspend or revoke any license under this chapter for failure of

27

the licensee to comply with any provision of this chapter or with any provision of any other law or

28

ordinance relative to the sale or purchase of cigarettes or other tobacco products; and the. The tax

29

administrator may also suspend or revoke any license for failure of the licensee to comply with any

30

provision of chapter 19 of title 44 and chapter 13 of title 6, and, for the purpose of determining

31

whether the licensee is complying with any provision of chapter 13 of title 6, the tax administrator

32

and his or her authorized agents are empowered, in addition to authority conferred by § 44-20-40,

33

to examine the books, papers, and records of any licensee. The administrator shall revoke the

34

license of any person who would be ineligible to obtain a new or renew a license by reason of any

 

Art8
RELATING TO TAXES AND REVENUES
(Page 27 of 59)

1

of the conditions for licensure provided in § 44-20-4.1. Any person aggrieved by the suspension or

2

revocation may apply to the administrator for a hearing as provided in § 44-20-47, and may further

3

appeal to the district court as provided in § 44-20-48.

4

     44-20-8.2. Transactions only with licensed manufacturers, importers, distributors,

5

and dealers.

6

     A manufacturer or importer may sell or distribute cigarettes and/or other tobacco products

7

to a person located or doing business within this state, only if such person is a licensed importer or

8

distributor. An importer may obtain cigarettes and/or other tobacco products only from a licensed

9

manufacturer. A distributor may sell or distribute cigarettes and/or other tobacco products to a

10

person located or doing business within this state, only if such person is a licensed distributor or

11

dealer. A distributor may obtain cigarettes and/or other tobacco products only from a licensed

12

manufacturer, importer, or distributor. A dealer may obtain cigarettes and/or other tobacco products

13

only from a licensed distributor.

14

     44-20-13.2. Tax imposed on other tobacco products, smokeless tobacco, cigars, and

15

pipe tobacco products.

16

     (a) A tax is imposed on all other tobacco products, smokeless tobacco, cigars, and pipe

17

tobacco products sold, or or held for sale in the state by any person, the payment of the tax to be

18

accomplished according to a mechanism established by the administrator, division of taxation,

19

department of administration revenue. Any tobacco product on which the proper amount of tax

20

provided for in this chapter has been paid, payment being evidenced by a stamp, is not subject to a

21

further tax under this chapter. The tax imposed by this section shall be as follows:

22

     (1) At the rate of eighty percent (80%) of the wholesale cost of other tobacco products,

23

cigars, pipe tobacco products and smokeless tobacco other than snuff.

24

     (2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of

25

cigars, the tax shall not exceed fifty cents ($.50) for each cigar.

26

     (3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like

27

rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net weight

28

as listed by the manufacturer, provided, however, that any product listed by the manufacturer as

29

having a net weight of less than 1.2 ounces shall be taxed as if the product has a net weight of 1.2

30

ounces.

31

     (b) Any dealer having in his or her possession any tobacco, cigars, and pipe tobacco

32

products with respect to the storage or use of which a tax is imposed by this section shall, within

33

five (5) days after coming into possession of the tobacco, cigars, and pipe tobacco in this state, file

34

a return with the tax administrator in a form prescribed by the tax administrator. The return shall

 

Art8
RELATING TO TAXES AND REVENUES
(Page 28 of 59)

1

be accompanied by a payment of the amount of the tax shown on the form to be due. Records

2

required under this section shall be preserved on the premises described in the relevant license in

3

such a manner as to ensure permanency and accessibility for inspection at reasonable hours by

4

authorized personnel of the administrator.

5

     (c)(b) The proceeds collected are paid into the general fund.

6

     44-20-15. Confiscation of contraband cigarettes, other tobacco products, and other

7

property.

8

     (a) All cigarettes and other tobacco products which are held for sale or distribution within

9

the borders of this state in violation of the requirements of this chapter are declared to be contraband

10

goods and may be seized by the tax administrator or his or her agents, or employees, or by any

11

sheriff or his or her deputy or any police officer when directed by the tax administrator to do so,

12

without a warrant. All cigarettes contraband goods seized by the state under this chapter shall be

13

destroyed.

14

     (b) All fixtures, equipment, and all other materials and personal property on the premises

15

of any distributor or dealer who, with the intent to defraud the state, fails to keep or make any

16

record, return, report, or inventory; keeps or makes any false or fraudulent record, return, report, or

17

inventory required by this chapter; refuses to pay any tax imposed by this chapter; or attempts in

18

any manner to evade or defeat the requirements of this chapter shall be forfeited to the state.

19

     44-20-33. Sale of contraband unstamped cigarettes or contraband other tobacco

20

products prohibited.

21

     No distributor shall sell, and no other person shall sell, offer for sale, display for sale, or

22

possess with intent to sell any contraband other tobacco products or contraband cigarettes, the

23

packages or boxes containing of which do not bear stamps evidencing the payment of the tax

24

imposed by this chapter.

25

     44-20-35. Penalties for violations as to unstamped contraband cigarettes or

26

contraband other tobacco products.

27

     (a) Any person who violates any provision of §§ 44-20-33 and 44-20-34 shall be fined or

28

imprisoned, or both fined and imprisoned, as follows:

29

     (1) For a first offense in a twenty-four-month (24) period, fined not more than one thousand

30

dollars ($1,000), or not more than five (5) ten (10) times the retail value of the cigarettes contraband

31

cigarettes and/or contraband other tobacco products involved, whichever is greater or be

32

imprisoned not more than one (1) year, or be both fined and imprisoned;

33

     (2) For a second or subsequent offense in a twenty-four-month (24) period, fined not more

34

than five thousand dollars ($5,000) or not more than twenty-five (25) times the retail value of the

 

Art8
RELATING TO TAXES AND REVENUES
(Page 29 of 59)

1

cigarettes contraband cigarettes and/or contraband other tobacco products involved, whichever is

2

greater, or be imprisoned not more than three (3) years, or be both fined and imprisoned.

3

     (b) When determining the amount of a fine sought or imposed under this section, evidence

4

of mitigating factors, including history, severity, and intent shall be considered.

5

     44-20-40.1. Inspections.

6

     (a) The administrator or his or her duly authorized agent shall have authority to enter and

7

inspect, without a warrant during normal business hours, and with a warrant during nonbusiness

8

hours, the facilities and records of any manufacturer, importer, distributor or dealer.

9

     (b) In any case where the administrator or his or her duly authorized agent, or any police

10

officer

11

     of this state, has knowledge or reasonable grounds to believe that any vehicle is

12

transporting cigarettes or other tobacco products in violation of this chapter, the administrator, such

13

agent, or such police officer, is authorized to stop such vehicle and to inspect the same for

14

contraband cigarettes or other tobacco products.

15

     44-20-43. Violations as to reports and records.

16

     Any person who fails to submit the reports required in this chapter by the tax administrator

17

under this chapter, or who makes any incomplete, false, or fraudulent report, or who refuses to

18

permit the tax administrator or his or her authorized agent to examine any books, records, papers,

19

or stocks of cigarettes or other tobacco products as provided in this chapter, or who refuses to

20

supply the tax administrator with any other information which the tax administrator requests for

21

the reasonable and proper enforcement of the provisions of this chapter, shall be guilty of a

22

misdemeanor punishable by imprisonment up to one (1) year, or a fine fined of not more than five

23

thousand dollars ($5,000), or both, for the first offense, and for each subsequent offense, shall be

24

fined not more than ten thousand dollars ($10,000), or be imprisoned not more than five (5) years,

25

or be both fined and imprisoned.

26

     44-20-45. Importation of cigarettes and/or other tobacco products with intent to evade

27

tax.

28

     Any person, firm, corporation, club, or association of persons who or that orders any

29

cigarettes and/or other tobacco products for another or pools orders for cigarettes and/or other

30

tobacco products from any persons or conspires with others for pooling orders, or receives in this

31

state any shipment of unstamped contraband cigarettes and/or contraband other tobacco products

32

on which the tax imposed by this chapter has not been paid, for the purpose and intention of

33

violating the provisions of this chapter or to avoid payment of the tax imposed in this chapter, is

34

guilty of a felony and shall be fined one hundred thousand dollars ($100,000) or five (5) times the

 

Art8
RELATING TO TAXES AND REVENUES
(Page 30 of 59)

1

retail value of the cigarettes involved, whichever is greater, or imprisoned not more than fifteen

2

(15) years, or both.

3

     44-20-51.1. Civil Penalties.

4

     (a) Whoever omits, neglects, or refuses to comply with any duty imposed upon him/her by

5

this chapter, or does, or causes to be done, any of the things required by this chapter, or does

6

anything prohibited by this chapter, shall, in addition to any other penalty provided in this chapter,

7

be liable as follows:

8

     (1) For a first offense in a twenty-four month (24) period, a penalty of not more than one

9

thousand dollars ($1,000), or five (5) ten (10) times the retail value of the cigarettes and/or other

10

tobacco products involved, whichever is greater, to be recovered, with costs of suit, in a civil action;

11

and

12

     (2) For a second or subsequent offense in a twenty-four-month (24) period, a penalty of

13

not more than five thousand dollars ($5,000), or not more than twenty-five (25) times the retail

14

value of the cigarettes and/or other tobacco products involved, whichever is greater, to be

15

recovered, with costs of suit, in a civil action.

16

     (b) Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or

17

regulations, shall, in addition to any other penalty provided in this chapter, be liable for a penalty

18

of one thousand dollars ($1,000) or not more than five (5) times the tax due but unpaid, whichever

19

is greater.

20

     (c) When determining the amount of a penalty sought or imposed under this section,

21

evidence of mitigating or aggravating factors, including history, severity, and intent, shall be

22

considered.

23

     SECTION 16. Section 44-26-2.1 of the General Laws in Chapter 44-26 entitled

24

"Declaration of Estimated Tax by Corporations" is hereby amended to read as follows:

25

     44-26-2.1. Declaration -- Due date -- Payment -- Interest.

26

     (a) Notwithstanding any general or specific statute to the contrary, every corporation

27

having a taxable year ending December 31, 1990, or thereafter, until December 21, 2017 shall file

28

a declaration and payment of its estimated tax for the taxable year ending December 31, 1990, or

29

thereafter, until December 31, 2017, as applicable herein, if its estimated tax can reasonably be

30

expected to exceed five hundred dollars ($500). Every corporation having a taxable year after

31

December 31, 2017, shall file its declaration and estimated payment in accordance with subsection

32

(n) herein and in conformity with federal statute and regulations notwithstanding any Rhode Island

33

statute to the contrary. The declaration, sworn to by the officer of the corporation who is required

34

to sign its return under any of the chapters and section mentioned in § 44-26-1 shall contain the

 

Art8
RELATING TO TAXES AND REVENUES
(Page 31 of 59)

1

pertinent information and be in the form that the tax administrator may prescribe. The entire amount

2

of the estimated tax shall constitute the amount of the advance required to be paid.

3

     (b) (1) Except as provided in subdivision (2) of this subsection, the declaration of estimated

4

tax required of corporations by subsection (a) of this section shall be filed as follows:

5

If the requirements of subsection (a) are first met The declaration shall be filed on or

6

before:

7

before the first day of the third month

8

of the taxable year the fifteenth day of the third month of

9

the taxable year;

10

after the first day of the third month and

11

before the first day of the sixth month

12

of the taxable year the fifteenth day of the sixth month

13

of the taxable year.

14

      (2) The declaration of estimated tax required of corporations subject to § 27-3-38 relating

15

to surplus line brokers premium tax or under any special act or acts in lieu of the provisions of that

16

section or in amendment of or in addition to that section shall be filed as follows:

17

If the requirements of subsection (a) are first met The declaration shall be filed on or

18

before:

19

Before the first day of the fourth month

20

of the taxable year the thirtieth day of the fourth month of

21

the taxable year;

22

After the first day of the fourth month and

23

before the first day of the sixth month

24

of the taxable year the thirtieth day of the sixth month of

25

the taxable year.

26

After the first day of the sixth month and

27

before the first day of the tenth month

28

of the taxable year the thirtieth day of the tenth month of

29

the taxable year.

30

After the first day of the tenth month and

31

before the first day of the twelfth month of

32

the taxable year the thirty-first day of the twelfth month

33

of the taxable year.

34

     (c) An amendment of a declaration may be filed in any interval between installment dates

 

Art8
RELATING TO TAXES AND REVENUES
(Page 32 of 59)

1

prescribed for the taxable year, but only one amendment may be filed in each interval.

2

     (d) The tax administrator may grant a reasonable extension of time, not to exceed thirty

3

(30) days, for filing a declaration.

4

     (e) (1) The amount of the advance based on the estimated tax declared under subsection (a)

5

of this section by corporations described in subdivision (b)(1) of this section shall be paid as

6

follows:

7

     (i) If the declaration is filed on or before the fifteenth (15th) day of the third (3rd) month

8

of the taxable year, the advance shall be paid in two (2) installments. The first installment in the

9

amount of forty percent (40%) of the estimated tax shall be paid at the time of the filing of the

10

declaration. The second and last installment in the amount of sixty percent (60%) of the estimated

11

tax shall be paid on or before the fifteenth (15th) day of the sixth (6th) month of the taxable year.

12

     (ii) If the declaration is filed after the fifteenth (15th) day of the third (3rd) month of the

13

taxable year and is not required by subsection (b) of this section to be filed on or before the fifteenth

14

(15th) day of the third (3rd) month of the taxable year, but is required to be filed on or before the

15

fifteenth (15th) day of the sixth (6th) month, the advance shall be paid in full at the time of filing.

16

     (2) The amount of the advance based in the estimated tax declared under subsection (a) of

17

this section by corporations listed in subdivision (b)(2) of this section shall be paid as follows:

18

     (i) If the declaration is filed on or before the thirtieth (30th) day of the fourth (4th) month

19

of the taxable year, the advance shall be paid in four (4) equal installments. The first installment

20

shall be paid on or before the thirtieth (30th) day of the fourth (4th) month of the taxable year, and

21

the second (2nd), third (3rd), and fourth (4th) installments shall be paid on or before the thirtieth

22

(30th) day of the sixth (6th) month, the thirtieth (30th) day of the tenth (10th) month, and the thirty-

23

first (31st) day of the twelfth (12th) month of the taxable year, respectively.

24

     (ii) If the declaration is filed before the thirtieth (30th) day of the sixth (6th) month of the

25

taxable year, the advance shall be paid in three (3) equal installments. The first installment shall be

26

paid on or before the thirtieth (30th) day of the sixth (6th) month of the taxable year and the second

27

(2nd) and third (3rd) installments shall be paid on or before the thirtieth (30th) day of the tenth

28

(10th) month and the thirty-first (31st) day of the twelfth (12th) month of the taxable year

29

respectively.

30

     (iii) If the declaration is filed on or before the thirtieth (30th) day of the tenth (10th) month

31

of the taxable year, the advance shall be paid in two (2) equal installments. The first installment

32

shall be paid on or before the thirtieth (30th) day of the tenth (10th) month of the taxable year and

33

the second installment shall be paid on or before the thirty-first (31st) day of the twelfth (12th)

34

month of the taxable year.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 33 of 59)

1

     (iv) If the declaration is filed after the time prescribed in subdivision (b)(2) of this section,

2

including cases in which an extension of time for filing the declaration has been granted, there shall

3

be paid at the time of the filing all installments of the advance which would have been payable on

4

or before that time if the declaration had been filed within the time prescribed in subdivision (b)(2)

5

of this section.

6

     (f) If the declaration is filed after the time prescribed in subsection (b) of this section

7

including cases in which an extension of time for filing the declaration has been granted, paragraph

8

(e)(1)(ii) of this section does not apply, and there shall be paid at the time of the filing all

9

installments of the advance which would have been payable on or before that time if the declaration

10

had been filed within the time prescribed in subsection (b).

11

     (g) If any amendment of a declaration is filed, the installment payable on or before the

12

fifteenth (15th) day of the sixth (6th) month, if any, or in the case of corporations licensed as surplus

13

line brokers under § 27-3-38, the installments payable on or before the thirtieth (30th) days of the

14

sixth (6th) or tenth (10th) month and thirty-first (31st) day of the twelfth (12th) month are ratably

15

increased or decreased, as the case may be, to reflect the increase or decrease, as the case may be,

16

in the estimated tax by reason of the amendment.

17

     (h) At the election of the corporation, any installment of the advance may be paid prior to

18

the date prescribed for payment.

19

     (i) In the case of any underpayment of the advance by a corporation, except as provided in

20

this section, there is added to the tax due under chapters 11 -- 15 and 17 of this title, or § 27-3-38,

21

for the taxable year an amount determined at the rate described in § 44-1-7 upon the amount of the

22

underpayment for the period of the underpayment. For the purpose of this subsection, the "amount

23

of the underpayment" is the excess of the amount of the installment or installments which would

24

be required to be paid if the advance payments were equal to eighty percent (80%) of the tax shown

25

on the return for the taxable year. For the purposes of this subsection, the "period of the

26

underpayment" is the period from the date the installment was required to be paid to the date

27

prescribed under any of the chapters previously mentioned in this section for the payment of the

28

tax for the taxable year or, with respect to any portion of the underpayment, the date on which the

29

portion is paid, whichever date is the earlier. A payment of the advance on the fifteenth (15th) day

30

of the sixth (6th) month, or for § 27-3-38 on the thirtieth (30th) day of the sixth (6th) month, of the

31

taxable year is considered a payment of any previous underpayment only to the extent that the

32

payment exceeds the amount of the installment due on the fifteenth (15th) day of the sixth (6th)

33

month, or for § 27-3-38 on the thirtieth (30th) day of the sixth (6th) month, of the taxable year.

34

     (j) Notwithstanding the provisions of this section, the addition to the tax with respect to

 

Art8
RELATING TO TAXES AND REVENUES
(Page 34 of 59)

1

any underpayment of any installment is not imposed if the total amount of all payments of the

2

advance made on or before the last date prescribed for payment of the installment equals or exceeds

3

the amount which would have been required to be paid on or before that date if the amount of the

4

advance was an amount equal to one hundred percent (100%) of the tax computed at the rates

5

applicable to the taxable year but otherwise on the basis of the fact shown on the return of the

6

corporation for and the law applicable to the preceding taxable year.

7

     (k) This section is effective for estimated payments being made by corporations for taxable

8

years ending on or after December 31, 1990.

9

     (l) Notwithstanding any other provisions of this section any taxpayer required to make an

10

adjustment in accordance with § 44-11-11(f) in a tax year beginning in calendar year 2008 shall

11

compute estimated payments for that tax year as follows:

12

     (1) The installments must equal 100% of the tax due for the prior year plus any additional

13

tax due for the current year adjustment under § 44-11-11(f), or

14

     (2) That installments must equal 100% of the current year tax liability.

15

     (m) Notwithstanding any other provisions of this section any taxpayer required to file a

16

combined report in accordance with § 44-11-4.1 in a tax year beginning on or after January 1, 2015,

17

shall compute estimated payments for that tax year as follows:

18

     (1) The installments must equal one hundred percent (100%) of the tax due for the prior

19

year plus any additional tax due to the combined report provisions under § 44-1-4.1; or

20

     (2) The installments must equal one hundred percent (100%) of the current year tax

21

liability.

22

     (n) Notwithstanding any Rhode Island statute to the contrary, every corporation having a

23

taxable year beginning after December 31, 2017, shall file its declaration and estimated payment

24

in accordance with federal statute and regulations: with current federal filing requirements, the four

25

(4) estimated tax installment payments of twenty-five percent (25%) each are due: on the 15th day

26

of the 4th, 6th, 9th, and 12th months of the tax year. If any due date falls on a Saturday, Sunday, or

27

Rhode Island legal holiday, the installment is due on the next regular business day.

28

     SECTION 17. Title 44 of the General Laws entitled "TAXATION" is hereby amended by

29

adding thereto the following chapter:

30

CHAPTER 6.5

31

RHODE ISLAND TAX AMNESTY ACT OF 2017

32

     44-6.5-1. Short title.

33

     This chapter shall be known as the "Rhode Island Tax Amnesty Act of 2017."

34

     44-6.5-2. Definitions.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 35 of 59)

1

     As used in this chapter, the following terms have the meaning ascribed to them in this

2

section, except when the context clearly indicates a different meaning:

3

     (1) "Taxable period" means any period for which a tax return is required by law to be filed

4

with the tax administrator.

5

     (2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed

6

by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by

7

the tax administrator.

8

     44-6.5-3. Establishment of tax amnesty.

9

     (a) The tax administrator shall establish a tax amnesty program for all taxpayers owing any

10

tax imposed by reason of or pursuant to authorization by any law of the state of Rhode Island and

11

collected by the tax administrator. Amnesty tax return forms shall be prepared by the tax

12

administrator and shall provide that the taxpayer clearly specify the tax due and the taxable period

13

for which amnesty is being sought by the taxpayer.

14

     (b) The amnesty program shall be conducted for a seventy-five (75) day period ending on

15

February 15, 2018. The amnesty program shall provide that, upon written application by a taxpayer

16

and payment by the taxpayer of all taxes and interest due from the taxpayer to the state of Rhode

17

Island for any taxable period ending on or prior to December 31, 2016, the tax administrator shall

18

not seek to collect any penalties which may be applicable and shall not seek the civil or criminal

19

prosecution of any taxpayer for the taxable period for which amnesty has been granted. Amnesty

20

shall be granted only to those taxpayers applying for amnesty during the amnesty period who have

21

paid the tax and interest due upon filing the amnesty tax return, or who have entered into an

22

installment payment agreement for reasons of financial hardship and upon terms and conditions set

23

by the tax administrator. In the case of the failure of a taxpayer to pay any installment due under

24

the agreement, such an agreement shall cease to be effective and the balance of the amounts

25

required to be paid thereunder shall be due immediately. Amnesty shall be granted for only the

26

taxable period specified in the application and only if all amnesty condition are satisfied by the

27

taxpayer.

28

     (c) The provisions of this section shall include a taxable period for which a bill or notice

29

of deficiency determination has been sent to the taxpayer.

30

     (d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or

31

are a party to any civil or criminal proceeding, pending in any court of the United States or the state

32

of Rhode Island, for fraud in relation to any state tax imposed by the law of the state and collected

33

by the tax administrator.

34

     44-6.5-4. Interest under tax amnesty.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 36 of 59)

1

     Notwithstanding any provision of law to the contrary, interest on any taxes paid for periods

2

covered under the amnesty provisions of this chapter shall be computed at the rate imposed under

3

section 44-1-7, reduced by twenty five percent (25%).

4

     44-6.5-5. Implementation.

5

     Notwithstanding any provision of law to the contrary, the tax administrator may do all

6

things necessary in order to provide for the timely implementation of this chapter, including, but

7

not limited to, procurement of printing and other services and expenditure of appropriated funds as

8

provided for in section 44-6.4-5.

9

     44-6.5-6. Disposition of monies.

10

     (a) Except as provided in subsection (b) within, all monies collected pursuant to any tax

11

imposed by the state of Rhode Island under the provisions of this chapter shall be accounted for

12

separately and paid into the general fund.

13

     (b) Monies collected for the establishment of the TDI Reserve Fund (section 28-39-7), the

14

Employment Security Fund (section 28-42-18), the Employment Security Interest Fund (section

15

28-42-75), the Job Development Fund (section 28-42-83), and the Employment Security

16

Reemployment Fund (section 28-42-87) shall be deposited in said respective funds.

17

     44-6.5-7. Analysis of amnesty program by tax administrator.

18

     The tax administrator shall provide an analysis of the amnesty program to the chairpersons

19

of the house finance committee and senate finance committee, with copies to the members of the

20

revenue estimating conference, by April 30, 2018. The report shall include an analysis of revenues

21

received by tax source, distinguishing between the tax collected and interest collected for each

22

source. In addition, the report shall further identify the amounts that are new revenues from those

23

already included in the general revenue receivable taxes, defined under generally accepted

24

accounting principles and the state’s audited financial statements.

25

     44-6.5-8. Rules and regulations.

26

     The tax administrator may promulgate such rules and regulations as are necessary to

27

implement the provisions of this chapter.

28

     SECTION 18. Title 44 of the General Laws entitled "TAXATION" is hereby amended by

29

adding thereto the following chapter:

30

CHAPTER 18.2

31

SALES AND USE TAX -- NON-COLLECTING RETAILERS, REFERRERS, AND RETAIL

32

SALE FACILITATORS ACT

33

     44-18.2-1. Legislative findings.

34

     The general assembly finds and declares that:

 

Art8
RELATING TO TAXES AND REVENUES
(Page 37 of 59)

1

     (1) The commerce clause of the United States Constitution prohibits states from imposing

2

an undue burden on interstate commerce.

3

     (2) There has been an exponential expansion of online commerce and related technology.

4

and due to the ready availability of sales and use tax collection software and Rhode Island's status

5

as a signatory to the Streamlined Sales and Use Tax Agreement under which there is an existing

6

compliance infrastructure in place to facilitate the collection and remittance of sales tax by non-

7

collecting retailers, it is no longer an undue burden for non-collecting retailers to accurately

8

compute, collect and remit and/or report with respect to their sales and use tax obligations to Rhode

9

Island.

10

     (3) The existence and/or presence of a non-collecting retailer's, referrer's, or retail sale

11

facilitator's in-state software on the devices of in-state customers constitutes physical presence of

12

the non-collecting retailer, referrer, or retail sale facilitator in Rhode Island under Quill Corp. v.

13

North Dakota. 504 U.S. 298 (U.S. 1992).

14

     (4) While such a physical presence of the non-collecting retailer, referrer, or retail sale

15

facilitator may not be "presence" in the traditional sense. a non-collecting retailer, referrer, or retail

16

sale facilitator who uses in-state software and engages in a significant number of transactions with

17

in-state customers in a calendar year or receives significant revenue from internet sales to in-state

18

customers in a given calendar year evidences an intent to establish and maintain a market in this

19

state for its sales.

20

     44-18.2-2. Definitions.

21

     For the purposes of this chapter:

22

     (1) "Division of taxation" means the Rhode Island department of revenue, division of

23

taxation. The division may also be referred to in this chapter as the "division of taxation", "tax

24

division", or "division."

25

     (2) "In-state customer" means a person or persons who makes a purchase of tangible

26

personal property, prewritten computer software delivered electronically or by load and leave as

27

defined in §44-18- 7.l(g)(v), and/or taxable services as defined under §44-18-1 et seq. for use,

28

storage, and/or other consumption in this state.

29

     (3) "In-state software" means software used by in-state customers on their computers,

30

smartphones, and other electronic and/or communication devices, including information or

31

software such as cached files, cached software, or 'cookies', or other data tracking tools, that are

32

stored on property in this state or distributed within this state, for the purpose of purchasing tangible

33

personal property, prewritten computer software delivered electronically or by load and leave,

34

and/or taxable services.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 38 of 59)

1

     (4) "Non-collecting retailer" means any person or persons who meets at least one of the

2

following criteria:

3

     (A) Uses in-state software to make sales at retail of tangible personal property, prewritten

4

computer software delivered electronically or by load and leave, and/or taxable services; or

5

     (B) Sells, leases, or delivers in this state, or participates in any activity in this state in

6

connection with the selling, leasing, or delivering in this state, of tangible personal property,

7

prewritten computer software delivered electronically or by load and leave, and/or taxable services

8

for use, storage, distribution, or consumption within this state. This includes, but shall not be limited

9

to, any of the following acts or methods of transacting business:

10

     (i) Engaging in. either directly or indirectly through a referrer, retail sale facilitator, or other

11

third party, direct response marketing targeted at in-state customers. For purposes of this

12

subsection, direct response marketing includes, but is not limited to, sending, transmitting, or

13

broadcasting via flyers, newsletters, telephone calls, targeted electronic mail, text messages, social

14

media messages, targeted mailings; collecting, analyzing and utilizing individual data on in-state

15

customers; using information or software, including cached files, cached software, or 'cookies', or

16

other data tracking tools, that are stored on property in or distributed within this state; or taking any

17

other action(s) that use persons, tangible property, intangible property, digital files or information,

18

or software in this state in an effort to enhance the probability that the person's contacts with a

19

potential in-state customer will result in a sale to that instate customer;

20

     (ii) Entering into one or more agreements under which a person or persons who has

21

physical presence in this state refers, either directly or indirectly, potential in-state customers of

22

tangible personal property, prewritten computer software delivered electronically or by load and

23

leave and/or taxable services to the non-collecting retailer for a fee commission or other

24

consideration whether by an Internet-based link or an Internet website or otherwise. An agreement

25

under which a non-collecting retailer purchases advertisements from a person or persons in this

26

state to be delivered in this state on television radio in print on the Internet or by any other medium

27

in this state shall not be considered an agreement under this subsection (ii), unless the advertisement

28

revenue or a portion thereof paid to the person or persons in this state consists of a fee, commission,

29

or other consideration that is based in whole or in part upon sales of tangible personal property,

30

prewritten computer software delivered electronically or by load and leave, and/or taxable services;

31

or

32

     (iii) Using a retail sale facilitator to sell, lease, or deliver in this state, or participate in any

33

activity in this state in connection with the selling, leasing, or delivering in this state, of tangible

34

personal property, prewritten computer software delivered electronically or by load and leave,

 

Art8
RELATING TO TAXES AND REVENUES
(Page 39 of 59)

1

and/or taxable services for use, storage, or consumption in this state.

2

     (C) Uses a sales process that includes listing, branding, or selling tangible personal

3

property, prewritten computer software delivered electronically or by load and leave, and/or taxable

4

services for sale, soliciting, processing orders, fulfilling orders, providing customer service and/or

5

accepting or assisting with returns or exchanges occurring in this state, regardless of whether that

6

part of the process has been subcontracted to an affiliate or third party. The sales process for which

7

the in-state customer is charged not more than the basic charge for shipping and handling as used

8

in this subsection shall not include shipping via a common carrier or the United States mail;

9

     (D) Offers its tangible personal property, prewritten computer software delivered

10

electronically or by load and leave, and/or taxable services for sale through one or more retail sale

11

facilitators that has physical presence in this state;

12

     (E) Is related to a person that has physical presence in this state, and such related person

13

with a physical presence in this state:

14

     (i) Sells tangible personal property, prewritten computer software delivered electronically

15

or by load and leave, and/or taxable services that are the same or substantially similar to that sold

16

by a non-collecting retailer under a business name that is the same or substantially similar to that

17

of the non-collecting retailer;

18

     (ii) Maintains an office, distribution facility, salesroom, warehouse, storage place, or other

19

similar place of business in this state to facilitate the delivery of tangible personal property,

20

prewritten computer software delivered electronically or by load and leave, and/or taxable services

21

sold by the non-collecting retailer;

22

     (iii) Uses, with consent or knowledge of the non-collecting retailer, trademarks, service

23

marks, or trade names in this state that are the same or substantially similar to those used by the

24

non-collecting retailer;

25

     (iv) Delivers or has delivered (except for delivery by common carrier or United States mail

26

for which the in-state customer is charged not more than the basic charge for shipping and

27

handling), installs, or assembles tangible personal property in this state, or performs maintenance

28

or repair services on tangible personal property in this state, which tangible personal property is

29

sold to in-state customers by the non-collecting retailer;

30

     (v) Facilitates the delivery of tangible personal property purchased from a non-collecting

31

retailer but delivered in this state by allowing an in-state customer to pick up the tangible personal

32

property at an office distribution facility, salesroom, warehouse, storage place, or other similar

33

place of business maintained in this state: or

34

     (vi) Shares management business systems, business practices, computer resources,

 

Art8
RELATING TO TAXES AND REVENUES
(Page 40 of 59)

1

communication systems, payroll, personnel, or other such business resources and activities with

2

the non-collecting retailer, and/or engages in intercompany transactions with the non-collecting

3

retailer, either or both of which relate to the activities that establish or maintain the non-collecting

4

retailer's market in this state.

5

     (F) Any person or persons who meets at least one of the criteria in §§44-18.2-2(4)(A)

6

through 44-18.2-2(4)(E) above shall be presumed to be a non-collecting retailer.

7

     (5) "Person" means person as defined in section §44-18-6 of the general laws.

8

     (6) "Referrer" means every person who:

9

     (A) Contracts or otherwise agrees with a retailer to list and/or advertise for sale in this state

10

tangible personal property, prewritten computer software delivered electronically or by load and

11

leave, and/or taxable services in any forum, including, but not limited to, a catalog or Internet

12

website;

13

     (B) Receives a fee, commission, and/or other consideration from a retailer for the listing

14

and/or advertisement;

15

     (C) Transfers, via in-state software, Internet link, or otherwise, an in-state customer to the

16

retailer or the retailer's employee, affiliate, or website to complete a purchase; and

17

     (D) Does not collect payments from the in-state customer for the transaction.

18

     (E) A person or persons who engages in the activity set forth in all of the activities set forth

19

in §§44-18.2-2(6)(A) through 44-18.2-2(6)(D) above shall be presumed to be a referrer.

20

     (7) "Related" means:

21

     (A) Having a relationship with the non-collecting retailer within the meaning of the internal

22

revenue code of 1986 as amended: or

23

     (B) Having one or more ownership relationships and a purpose of having the ownership

24

relationship is to avoid the application of this chapter.

25

     (8) A "retail sale" or "sale at retail" means any retail sale or sale at retail as defined in §44-

26

18-8 of the general laws.

27

     (9) "Retail sale facilitator" means any person or persons that facilitates a sale by a retailer

28

by engaging in the following types of activities:

29

     (A) Using in-state software to make sales at retail of tangible personal property, prewritten

30

computer software delivered electronically or by load and leave, and/or taxable services; or

31

     (B) Contracting or otherwise agreeing with a retailer to list and/or advertises for sale

32

tangible personal property, prewritten computer software delivered electronically or by load and

33

leave, and/or taxable services in any forum, including, but not limited to, a catalog or Internet

34

website; and

 

Art8
RELATING TO TAXES AND REVENUES
(Page 41 of 59)

1

     (C) Either directly or indirectly through agreements or arrangements with third parties,

2

collecting payments from the in-state customer and transmitting those payments to a retailer. A

3

person or persons may be a retail sale facilitator regardless of whether they deduct any fees from

4

the transaction. The division may define in regulation circumstances under which a retail sale

5

facilitator shall be deemed to facilitate a retail sale.

6

     (D) A person or persons who engages in the type of activity set forth in §44-18.2-2(9)(A)

7

above or both of the types of activities set forth in §§44-18.2-2(9)(B) and 44-18.2-2(9)(C) above

8

shall be presumed to be a retail sale facilitator.

9

     (10) A "retailer" means retailer as defined in section §44-18-15 of the general laws.

10

     (11) "State" means the State of Rhode Island and Providence Plantations.

11

     (12) "Streamlined agreement" means the Streamlined Sales and Use Tax Agreement as

12

referenced in §44-18.1-1 et seq. of the general laws.

13

     44-18.2-3. Requirements for non-collecting retailers, referrers, and retail sale

14

facilitators.

15

     (A) Except as otherwise provided below in §44-18.2-4, beginning on the later of July 15.

16

2017, or two (2) weeks after the enactment of this chapter, and for each tax year thereafter, any

17

non-collecting retailer, referrer, or retail sale facilitator, as defined in this chapter, that in the

18

immediately preceding calendar year either

19

     (i) Has gross revenue from the sale of tangible personal property, prewritten computer

20

software delivered electronically or by load and leave, and/or has taxable services delivered into

21

this state equal to or exceeding one hundred thousand dollars ($100,000); or

22

     (ii) Has sold tangible personal property, prewritten computer software delivered

23

electronically or by load and leave, and/or taxable services for delivery into this state in two

24

hundred (200) or more separate transactions shall comply with the requirements in subsections

25

§§44-18.2-3(E), (F), and (G) as applicable.

26

     (B) A non-collecting retailer, as defined in this chapter, shall comply with §44-18.2-3(E)

27

below if it meets the criteria of either §44- l 8.2-3(A)(i) or (ii) above.

28

     (C) A referrer, as defined in this chapter, shall comply with §44-18.2-3(F) below if it meets

29

the criteria of either §44- l 8.2-3(A)(i) or (ii) above.

30

     (D) A retail sale facilitator, as defined in this chapter, shall comply with §44-18.2-3(G)

31

below if it meets the criteria of either §44-l 8.2-3(A)(i) or (ii) above.

32

     (E) Non-collecting retailer. A non-collecting retailer shall either register in this state for a

33

permit to make sales at retail and collect and remit sales and use tax on all taxable sales into the

34

state or:

 

Art8
RELATING TO TAXES AND REVENUES
(Page 42 of 59)

1

     (1) Post a conspicuous notice on its website that informs in-state customers that sales or

2

use tax is due on certain purchases made from the non-collecting retailer and that this state requires

3

the in-state customer to file a sales or use tax return;

4

     (2) At the time of purchase, notify in-state customers that sales or use tax is due on taxable

5

purchases made from the non-collecting retailer and that the state of Rhode Island requires the in-

6

state customer to file a sales or use tax return;

7

     (3) Within forty-eight (48) hours of the time of purchase, notify in-state customers in

8

writing that sales or use tax is due on taxable purchases made from the non-collecting retailer and

9

that this state requires the in-state customer to file a sales or use tax return reflecting said purchase;

10

     (4) On or before January 31 of each year, including January 31, 2018, for purchases made

11

in calendar year 2017, send a written notice to all in-state customers who have cumulative annual

12

taxable purchases from the non-collecting retailer totaling one hundred dollars ($100) or more for

13

the prior calendar year. The notification shall show the name of the non-collecting retailer, the total

14

amount paid by the in-state customer to the non-collecting retailer in the previous calendar year,

15

and, if available, the dates of purchases, the dollar amount of each purchase, and the category or

16

type of the purchase, including, whether the purchase is exempt or not exempt from taxation in

17

Rhode Island. The notification shall include such other information as the division may require by

18

rule and regulation. The notification shall state that the state of Rhode Island requires a sales or use

19

tax return to be filed and sales or use tax to be paid on certain categories or types of purchases made

20

by the in-state customer from the non-collecting retailer. The notification shall be sent separately

21

to all in-state customers by first-class mail and shall not be included with any other shipments or

22

mailings. The notification shall include the words "Important Tax Document Enclosed" on the

23

exterior of the mailing; and

24

     (5) Beginning on February 15, 2018, and not later than each February 15 thereafter, a non-

25

collecting retailer that has not registered in this state for a permit to make sales at retail and collect

26

and remit sales and use tax on all taxable sales into the state for any portion of the prior calendar

27

year, shall file with the division on such form and/or in such format as the division prescribes an

28

attestation that the non-collecting retailer has complied with the requirements of §§44-18.2-3(E)(1)

29

through (4) herein.

30

     (F) Referrer. At such time during any calendar year, or any portion thereof, that a referrer

31

receives more than ten thousand dollars ($10,000) from fees, commissions, and/or other

32

compensation paid to it by retailers with whom it has a contract or agreement to list and/or advertise

33

for sale tangible personal property, prewritten computer software delivered electronically or by

34

Joad and leave, and/or taxable services, said referrer shall within thirty (30) days provide written

 

Art8
RELATING TO TAXES AND REVENUES
(Page 43 of 59)

1

notice to all such retailers that the retailers' sales may be subject to this state's sales and use tax.

2

     (G) Retail sale facilitator. Beginning January 15, 2018, and each year thereafter, a retail

3

sale facilitator shall provide the division of taxation with

4

     (i) A list of names and addresses of the retailers for whom during the prior calendar year

5

the retail sale facilitator collected Rhode Island sales and use tax and

6

     (ii) A list of names and addresses of the retailers who during the prior calendar year used

7

the retail sale facilitator to serve in-state customers but for whom the retail sale facilitator did not

8

collect Rhode Island sales and use tax.

9

     (H) Any person or entity that engages in any activity or activities of a non-collecting

10

retailer, referrer, and/or retail sale facilitator as defined herein shall be presumed to be a non-

11

collecting retailer, referrer, and/or retail sale facilitator as applicable even if referred to by another

12

name or designation. Said person or entity shall be subject to the terms and conditions set forth in

13

this chapter.

14

     44-18.2-4. Exceptions for referrers, and retail sale facilitators.

15

     (A)(i) Notwithstanding the provisions of §44-18.2-3, no retail sale facilitator shall be

16

required to comply with the provisions of §44- 18.2-3(G), for any sale where the retail sale

17

facilitator within ninety (90) days of the date of the sale has been provided either:

18

     (1) A copy of the retailer's Rhode Island sales tax permit to make sales at retail in this state

19

or its resale certificate as applicable; or

20

     (2) Evidence of a fully completed Rhode Island or Streamlined agreement sales and use

21

tax exemption certificate.

22

     (ii) Notwithstanding the provisions of §44-18.2-3, no referrer shall be required to comply

23

with the provisions of §44-18.2-3(F) for any referral where the referrer within ninety (90) days of

24

the date of the sale has been provided either

25

     (l) A copy of the retailer's Rhode Island sales tax permit to make sales at retail in this state

26

or its resale certificate as applicable; or

27

     (2) Evidence of a fully completed Rhode Island or Streamlined agreement sales and use

28

tax exemption certificate.

29

     (B) Nothing in this section shall be construed to interfere with the ability of a non-collecting

30

retailer, referrer, or retail sale facilitator and a retailer to enter into agreements with each other;

31

provided, however, the terms of said agreements shall not in any way be inconsistent with or

32

contravene the requirements of this chapter.

33

     44-18.2-5. Penalties.

34

     Any non-collecting retailer, referrer, or retail sale facilitator that fails to comply with any

 

Art8
RELATING TO TAXES AND REVENUES
(Page 44 of 59)

1

of the requirements of this chapter shall be subject to a penalty of ten dollars ($10.00) for each such

2

failure, but not less than a total penalty of ten thousand dollars ($10,000) per calendar year. Each

3

instance of failing to comply with the requirements of this chapter shall constitute a separate

4

violation for purposes of calculating the penalty under this section. This penalty shall be in addition

5

to any other applicable penalties under title 44 of the general laws.

6

     44-18.2-6. Other obligations.

7

     (A) Nothing in this section affects the obligation of any in-state customer to remit use tax

8

as to any applicable transaction in which the seller, non-collecting retailer. Or retail sale facilitator

9

has not collected and remitted the sales tax for said transaction.

10

     (B) Nothing in this chapter shall be construed as relieving any other person or entity

11

otherwise required to collect and remit sales and use tax under applicable Rhode Island law from

12

continuing to do so.

13

     (C) In the event that any section of this chapter is later determined to be unlawful, no

14

person. Persons, or entity shall have a cause of action against the person that collected and remitted

15

the sales and use tax pursuant to this chapter.

16

     44-18.2-7. Rules and regulations -- Forms.

17

     The tax administrator may promulgate rules and regulations, not inconsistent with law, to

18

carry into effect the provisions of this chapter.

19

     44-18.2-8. Enforcement.

20

     (A) General. The tax administrator shall administer and enforce this chapter and may

21

require any facts and information to be reported, that he or she may deem necessary to enforce the

22

provisions of this chapter.

23

     (B) Examination of books and witnesses. For the purpose of ascertaining the correctness

24

of any filing or notice or for the purpose of compliance with the terms of this chapter, the tax

25

administrator shall have the power to examine or to cause to have examined, by any agent or

26

representative designated by the tax administrator for that purpose, any books, papers, records, or

27

memoranda bearing upon said matters and may require the attendance of the person rendering the

28

return or any officer or employee of the person, or the attendance of any other person having

29

knowledge of the correctness of any filing or notice or compliance with the terms of this chapter,

30

and may take testimony and require proof material for its information, with power to administer

31

oaths to the person or persons.

32

     44-18.2-9. Appeal.

33

     If the tax administrator issues a final determination hereunder, an appeal may be made

34

pursuant to the provisions of chapter 19 of title 44 of the general laws.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 45 of 59)

1

     44-18.2-10. Severability.

2

     If any provision of this chapter or the application thereof is held invalid, such invalidity

3

shall not affect the provisions or applications of this chapter which can be given effect without the

4

invalid provisions or applications.

5

     SECTION 19. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal

6

Income Tax" is hereby amended to read as follows:

7

     44-30-2.6. Rhode Island taxable income -- Rate of tax. [Effective January 1, 2017.]

8

     (a) "Rhode Island taxable income" means federal taxable income as determined under the

9

Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-

10

deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax

11

Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act

12

of 2001 (EGTRRA), and as modified by the modifications in § 44-30-12.

13

     (b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on

14

or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island

15

taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-

16

five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year

17

2002 and thereafter of the federal income tax rates, including capital gains rates and any other

18

special rates for other types of income, except as provided in § 44-30-2.7, which were in effect

19

immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of

20

2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax administrator

21

beginning in taxable year 2002 and thereafter in the manner prescribed for adjustment by the

22

commissioner of Internal Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or

23

after January 1, 2006, a taxpayer may elect to use the alternative flat tax rate provided in § 44-30-

24

2.10 to calculate his or her personal income tax liability.

25

     (c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative

26

minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island

27

alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by

28

multiplying the federal tentative minimum tax without allowing for the increased exemptions

29

under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal

30

form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%)

31

for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing

32

the product to the Rhode Island tax as computed otherwise under this section. The excess shall be

33

the taxpayer's Rhode Island alternative minimum tax.

34

     (1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption

 

Art8
RELATING TO TAXES AND REVENUES
(Page 46 of 59)

1

amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by

2

the tax administrator in the manner prescribed for adjustment by the commissioner of Internal

3

Revenue in 26 U.S.C. § 1(f).

4

     (2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode

5

Island taxable income shall be determined by deducting from federal adjusted gross income as

6

defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island

7

itemized-deduction amount and the Rhode Island exemption amount as determined in this section.

8

     (A) Tax imposed.

9

     (1) There is hereby imposed on the taxable income of married individuals filing joint

10

returns and surviving spouses a tax determined in accordance with the following table:

11

If taxable income is: The tax is:

12

Not over $53,150 3.75% of taxable income

13

Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150

14

Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500

15

Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850

16

Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700

17

      (2) There is hereby imposed on the taxable income of every head of household a tax

18

determined in accordance with the following table:

19

If taxable income is: The tax is:

20

Not over $42,650 3.75% of taxable income

21

Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650

22

Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100

23

Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350

24

Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700

25

      (3) There is hereby imposed on the taxable income of unmarried individuals (other than

26

surviving spouses and heads of households) a tax determined in accordance with the following

27

table:

28

If taxable income is: The tax is:

29

Not over $31,850 3.75% of taxable income

30

Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850

31

Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100

32

Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850

33

Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700

34

      (4) There is hereby imposed on the taxable income of married individuals filing separate

 

Art8
RELATING TO TAXES AND REVENUES
(Page 47 of 59)

1

returns and bankruptcy estates a tax determined in accordance with the following table:

2

If taxable income is: The tax is:

3

Not over $26,575 3.75% of taxable income

4

Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575

5

Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250

6

Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925

7

Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850

8

      (5) There is hereby imposed a taxable income of an estate or trust a tax determined in

9

accordance with the following table:

10

If taxable income is: The tax is:

11

Not over $2,150 3.75% of taxable income

12

Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150

13

Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000

14

Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650

15

Over $10,450 $737.50 plus 9.90% of the excess over $10,450

16

      (6) Adjustments for inflation.

17

     The dollars amount contained in paragraph (A) shall be increased by an amount equal to:

18

     (a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by;

19

     (b) The cost-of-living adjustment determined under section (J) with a base year of 1993;

20

     (c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making

21

adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall

22

be determined under section (J) by substituting "1994" for "1993."

23

     (B) Maximum capital gains rates.

24

     (1) In general.

25

     If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax

26

imposed by this section for such taxable year shall not exceed the sum of:

27

     (a) 2.5 % of the net capital gain as reported for federal income tax purposes under section

28

26 U.S.C. 1(h)(1)(a) and 26 U.S.C. 1(h)(1)(b).

29

     (b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.

30

1(h)(1)(c).

31

     (c) 6.25% of the net capital gain as reported for federal income tax purposes under 26

32

U.S.C. 1(h)(1)(d).

33

     (d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C.

34

1(h)(1)(e).

 

Art8
RELATING TO TAXES AND REVENUES
(Page 48 of 59)

1

     (2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain

2

shall be determined under subdivision 44-30-2.6(c)(2)(A).

3

     (C) Itemized deductions.

4

     (1) In general.

5

     For the purposes of section (2), "itemized deductions" means the amount of federal

6

itemized deductions as modified by the modifications in § 44-30-12.

7

     (2) Individuals who do not itemize their deductions.

8

     In the case of an individual who does not elect to itemize his deductions for the taxable

9

year, they may elect to take a standard deduction.

10

     (3) Basic standard deduction.

11

     The Rhode Island standard deduction shall be allowed in accordance with the following

12

table:

13

Filing status Amount

14

Single $5,350

15

Married filing jointly or qualifying widow(er) $8,900

16

Married filing separately $4,450

17

Head of Household $7,850

18

     (4) Additional standard deduction for the aged and blind.

19

     An additional standard deduction shall be allowed for individuals age sixty-five (65) or

20

older or blind in the amount of $1,300 for individuals who are not married and $1,050 for

21

individuals who are married.

22

     (5) Limitation on basic standard deduction in the case of certain dependents.

23

     In the case of an individual to whom a deduction under section (E) is allowable to another

24

taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of:

25

     (a) $850;

26

     (b) The sum of $300 and such individual's earned income;

27

     (6) Certain individuals not eligible for standard deduction.

28

     In the case of:

29

     (a) A married individual filing a separate return where either spouse itemizes deductions;

30

     (b) Nonresident alien individual;

31

     (c) An estate or trust;

32

     The standard deduction shall be zero.

33

     (7) Adjustments for inflation.

34

     Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount

 

Art8
RELATING TO TAXES AND REVENUES
(Page 49 of 59)

1

equal to:

2

     (a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied

3

by

4

     (b) The cost-of-living adjustment determined under section (J) with a base year of 1988.

5

     (D) Overall limitation on itemized deductions.

6

     (1) General rule.

7

     In the case of an individual whose adjusted gross income as modified by § 44-30-12

8

exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the

9

taxable year shall be reduced by the lesser of:

10

     (a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12

11

over the applicable amount; or

12

     (b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for

13

such taxable year.

14

     (2) Applicable amount.

15

     (a) In general.

16

     For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in the

17

case of a separate return by a married individual)

18

     (b) Adjustments for inflation.

19

     Each dollar amount contained in paragraph (a) shall be increased by an amount equal to:

20

     (i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by

21

     (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.

22

     (3) Phase-out of Limitation.

23

     (a) In general.

24

     In the case of taxable year beginning after December 31, 2005, and before January 1, 2010,

25

the reduction under section (1) shall be equal to the applicable fraction of the amount which would

26

be the amount of such reduction.

27

     (b) Applicable fraction.

28

     For purposes of paragraph (a), the applicable fraction shall be determined in accordance

29

with the following table:

30

For taxable years beginning in calendar year The applicable fraction is

31

2006 and 2007 2/3

32

2008 and 2009 1/3

33

     (E) Exemption amount.

34

     (1) In general.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 50 of 59)

1

     Except as otherwise provided in this subsection, the term "exemption amount" means

2

$3,400.

3

     (2) Exemption amount disallowed in case of certain dependents.

4

     In the case of an individual with respect to whom a deduction under this section is allowable

5

to another taxpayer for the same taxable year, the exemption amount applicable to such individual

6

for such individual's taxable year shall be zero.

7

     (3) Adjustments for inflation.

8

     The dollar amount contained in paragraph (1) shall be increased by an amount equal to:

9

     (a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by

10

     (b) The cost-of-living adjustment determined under section (J) with a base year of 1989.

11

     (4) Limitation.

12

     (a) In general.

13

     In the case of any taxpayer whose adjusted gross income as modified for the taxable year

14

exceeds the threshold amount shall be reduced by the applicable percentage.

15

     (b) Applicable percentage.

16

     In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the

17

threshold amount, the exemption amount shall be reduced by two (2) percentage points for each

18

$2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year

19

exceeds the threshold amount. In the case of a married individual filing a separate return, the

20

preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the

21

applicable percentage exceed one hundred percent (100%).

22

     (c) Threshold Amount.

23

     For the purposes of this paragraph, the term "threshold amount" shall be determined with

24

the following table:

25

Filing status Amount

26

Single $156,400

27

Married filing jointly of qualifying widow(er) $234,600

28

Married filing separately $117,300

29

Head of Household $195,500

30

     (d) Adjustments for inflation.

31

     Each dollar amount contained in paragraph (b) shall be increased by an amount equal to:

32

     (i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by

33

     (ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.

34

     (5) Phase-out of limitation.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 51 of 59)

1

     (a) In general.

2

     In the case of taxable years beginning after December 31, 2005, and before January 1,

3

2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which

4

would be the amount of such reduction.

5

     (b) Applicable fraction.

6

     For the purposes of paragraph (a), the applicable fraction shall be determined in accordance

7

with the following table:

8

For taxable years beginning in calendar year The applicable fraction is

9

2006 and 2007 2/3

10

2008 and 2009 1/3

11

     (F) Alternative minimum tax.

12

     (1) General rule. There is hereby imposed (in addition to any other tax imposed by this

13

subtitle) a tax equal to the excess (if any) of:

14

     (a) The tentative minimum tax for the taxable year, over

15

     (b) The regular tax for the taxable year.

16

     (2) The tentative minimum tax for the taxable year is the sum of:

17

     (a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus

18

     (b) 7.0 percent of so much of the taxable excess above $175,000.

19

     (3) The amount determined under the preceding sentence shall be reduced by the alternative

20

minimum tax foreign tax credit for the taxable year.

21

     (4) Taxable excess. For the purposes of this subsection the term "taxable excess" means so

22

much of the federal alternative minimum taxable income as modified by the modifications in § 44-

23

30-12 as exceeds the exemption amount.

24

     (5) In the case of a married individual filing a separate return, subparagraph (2) shall be

25

applied by substituting "$87,500" for $175,000 each place it appears.

26

     (6) Exemption amount.

27

     For purposes of this section "exemption amount" means:

28

Filing status Amount

29

Single $39,150

30

Married filing jointly or qualifying widow(er) $53,700

31

Married filing separately $26,850

32

Head of Household $39,150

33

Estate or trust $24,650

34

     (7) Treatment of unearned income of minor children

 

Art8
RELATING TO TAXES AND REVENUES
(Page 52 of 59)

1

     (a) In general.

2

     In the case of a minor child, the exemption amount for purposes of section (6) shall not

3

exceed the sum of:

4

     (i) Such child's earned income, plus

5

     (ii) $6,000.

6

     (8) Adjustments for inflation.

7

     The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount

8

equal to:

9

     (a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by

10

     (b) The cost-of-living adjustment determined under section (J) with a base year of 2004.

11

     (9) Phase-out.

12

     (a) In general.

13

     The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount

14

equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income

15

of the taxpayer exceeds the threshold amount.

16

     (b) Threshold amount.

17

     For purposes of this paragraph, the term "threshold amount" shall be determined with the

18

following table:

19

Filing status Amount

20

Single $123,250

21

Married filing jointly or qualifying widow(er) $164,350

22

Married filing separately $82,175

23

Head of Household $123,250

24

Estate or Trust $82,150

25

     (c) Adjustments for inflation

26

     Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:

27

     (i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by

28

     (ii) The cost-of-living adjustment determined under section (J) with a base year of 2004.

29

     (G) Other Rhode Island taxes.

30

     (1) General rule. There is hereby imposed (in addition to any other tax imposed by this

31

subtitle) a tax equal to twenty-five percent (25%) of:

32

     (a) The Federal income tax on lump-sum distributions.

33

     (b) The Federal income tax on parents' election to report child's interest and dividends.

34

     (c) The recapture of Federal tax credits that were previously claimed on Rhode Island

 

Art8
RELATING TO TAXES AND REVENUES
(Page 53 of 59)

1

return.

2

     (H) Tax for children under 18 with investment income.

3

     (1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of:

4

     (a) The Federal tax for children under the age of 18 with investment income.

5

     (I) Averaging of farm income.

6

     (1) General rule. At the election of an individual engaged in a farming business or fishing

7

business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:

8

     (a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. §

9

1301].

10

     (J) Cost-of-living adjustment.

11

     (1) In general.

12

     The cost-of-living adjustment for any calendar year is the percentage (if any) by which:

13

     (a) The CPI for the preceding calendar year exceeds

14

     (b) The CPI for the base year.

15

     (2) CPI for any calendar year.

16

     For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer

17

price index as of the close of the twelve (12) month period ending on August 31 of such calendar

18

year.

19

     (3) Consumer price index.

20

     For purposes of paragraph (2), the term "consumer price index" means the last consumer

21

price index for all urban consumers published by the department of labor. For purposes of the

22

preceding sentence, the revision of the consumer price index that is most consistent with the

23

consumer price index for calendar year 1986 shall be used.

24

     (4) Rounding.

25

     (a) In general.

26

     If any increase determined under paragraph (1) is not a multiple of $50, such increase shall

27

be rounded to the next lowest multiple of $50.

28

     (b) In the case of a married individual filing a separate return, subparagraph (a) shall be

29

applied by substituting "$25" for $50 each place it appears.

30

     (K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer

31

entitled to any of the following federal credits enacted prior to January 1, 1996 shall be entitled to

32

a credit against the Rhode Island tax imposed under this section:

33

     (1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5].

34

     (2) Child and dependent care credit;

 

Art8
RELATING TO TAXES AND REVENUES
(Page 54 of 59)

1

     (3) General business credits;

2

     (4) Credit for elderly or the disabled;

3

     (5) Credit for prior year minimum tax;

4

     (6) Mortgage interest credit;

5

     (7) Empowerment zone employment credit;

6

     (8) Qualified electric vehicle credit.

7

     (L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, a

8

taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island

9

tax imposed under this section if the adopted child was under the care, custody, or supervision of

10

the Rhode Island department of children, youth and families prior to the adoption.

11

     (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits

12

provided there shall be no deduction based on any federal credits enacted after January 1, 1996,

13

including the rate reduction credit provided by the federal Economic Growth and Tax

14

Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be

15

reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax

16

purposes shall determine the Rhode Island amount to be recaptured in the same manner as

17

prescribed in this subsection.

18

     (N) Rhode Island earned-income credit .

19

     (1) In general.

20

     For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned-

21

income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent

22

(25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode

23

Island income tax.

24

     For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer

25

entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit

26

equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the

27

amount of the Rhode Island income tax.

28

     For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned-

29

income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half

30

percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the

31

Rhode Island income tax.

32

     For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned-

33

income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%)

34

of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island

 

Art8
RELATING TO TAXES AND REVENUES
(Page 55 of 59)

1

income tax.

2

     (2) Refundable portion.

3

     In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this

4

section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall

5

be allowed as follows.

6

     (i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable

7

earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned-

8

income credit exceeds the Rhode Island income tax.

9

     (ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2)

10

refundable earned-income credit means one hundred percent (100%) of the amount by which the

11

Rhode Island earned-income credit exceeds the Rhode Island income tax.

12

     (O) The tax administrator shall recalculate and submit necessary revisions to paragraphs

13

(A) through (J) to the general assembly no later than February 1, 2010 and every three (3) years

14

thereafter for inclusion in the statute.

15

     (3) For the period January 1, 2011 through December 31, 2011, and thereafter, "Rhode

16

Island taxable income" means federal adjusted gross income as determined under the Internal

17

Revenue Code, 26 U.S.C. 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-

18

30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph

19

44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph

20

44-30-2.6(c)(3)(C).

21

     (A) Tax imposed.

22

     (I) There is hereby imposed on the taxable income of married individuals filing joint

23

returns, qualifying widow(er), every head of household, unmarried individuals, married individuals

24

filing separate returns and bankruptcy estates, a tax determined in accordance with the following

25

table:

26

RI Taxable Income RI Income Tax

27

Over But not over Pay +% on Excess on the amount over

28

$0 - $ 55,000 $ 0 + 3.75% $0

29

55,000 - 125,000 2,063 + 4.75% 55,000

30

125,000 - 5,388 + 5.99% 125,000

31

      (II) There is hereby imposed on the taxable income of an estate or trust a tax determined

32

in accordance with the following table:

33

RI Taxable Income RI Income Tax

34

Over But not over Pay + % on Excess on the amount over

 

Art8
RELATING TO TAXES AND REVENUES
(Page 56 of 59)

1

$0 - $ 2,230 $ 0 + 3.75% $0

2

2,230 - 7,022 84 + 4.75% 2,230

3

7,022 - 312 + 5.99% 7,022

4

      (B) Deductions:

5

     (I) Rhode Island Basic Standard Deduction. Only the Rhode Island standard deduction

6

shall be allowed in accordance with 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 Rhode Island

15

purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand

16

dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage.

17

The term "applicable percentage" means twenty (20) percentage points for each five thousand

18

dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable

19

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 ($3,500)

22

multiplied by the number of exemptions allowed for the taxable year for federal income tax

23

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 for

26

the same taxable year, the exemption amount applicable to such individual for such individual's

27

taxable year shall be zero.

28

     (D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island

29

purposes pursuant to § 33-30-12, for the taxable year exceeds one hundred seventy-five thousand

30

dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term

31

"applicable percentage" means twenty (20) percentage points for each five thousand dollars

32

($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year

33

exceeds one hundred seventy-five thousand dollars ($175,000).

34

     (E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-

 

Art8
RELATING TO TAXES AND REVENUES
(Page 57 of 59)

1

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

2

equal to:

3

     (I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B)

4

and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by;

5

     (II) The cost-of-living adjustment with a base year of 2000.

6

     (III) For the purposes of this section, the cost-of-living adjustment for any calendar year is

7

the percentage (if any) by which the consumer price index for the preceding calendar year exceeds

8

the consumer price index for the base year. The consumer price index for any calendar year is the

9

average of the consumer price index as of the close of the twelve-month (12) period ending on

10

August 31, of such calendar year.

11

     (IV) For the purpose of this section the term "consumer price index" means the last

12

consumer price index for all urban consumers published by the department of labor. For the purpose

13

of this section the revision of the consumer price index that is most consistent with the consumer

14

price index for calendar year 1986 shall be used.

15

     (V) If any increase determined under this section is not a multiple of fifty dollars ($50.00),

16

such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a

17

married individual filing separate return, if any increase determined under this section is not a

18

multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple

19

of twenty-five dollars ($25.00).

20

     (F) Credits against tax.

21

     (I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on

22

or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be

23

as follows:

24

     (a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit

25

pursuant to subparagraph 44-30-2.6(c)(2)(N).

26

     (b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided

27

in § 44-33-1 et seq.

28

     (c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax

29

credit as provided in § 44-30.3-1 et seq.

30

     (d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to

31

other states pursuant to § 44-30-74.

32

     (e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit

33

as provided in § 44-33.2-1 et seq.

34

     (f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture

 

Art8
RELATING TO TAXES AND REVENUES
(Page 58 of 59)

1

production tax credit as provided in § 44-31.2-1 et seq.

2

     (g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of

3

the federal child and dependent care credit allowable for the taxable year for federal purposes;

4

provided, however, such credit shall not exceed the Rhode Island tax liability.

5

     (h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for

6

contributions to scholarship organizations as provided in chapter 62 of title 44.

7

     (i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable

8

as if no withholding were required, but any amount of Rhode Island personal income tax actually

9

deducted and withheld in any calendar year shall be deemed to have been paid to the tax

10

administrator on behalf of the person from whom withheld, and the person shall be credited with

11

having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable

12

year of less than twelve (12) months, the credit shall be made under regulations of the tax

13

administrator.

14

     (j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in

15

RI wavemaker fellowship program as provided in § 42-64.26-1 et seq.

16

     (k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in

17

§ 42-64.20-1 et seq.

18

     (l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode

19

Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq.

20

     (m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter,

21

unused carryforward for such credit previously issued shall be allowed for the historic

22

homeownership assistance act as provided in §44-33.1-4. This allowance is for credits already

23

issued pursuant to §44-33.1-4 and shall not be construed to authorize the issuance of new credits

24

under the historic homeownership assistance act.

25

     (2) Except as provided in section 1 above, no other state and federal tax credit shall be

26

available to the taxpayers in computing tax liability under this chapter.

27

     SECTION 20. Sections 12 and 13 of this article shall take effect on August 1, 2017. The

28

remainder of this article shall take effect on July 1, 2017.

 

Art8
RELATING TO TAXES AND REVENUES
(Page 59 of 59)

 

 

 

=======

art.009/4/009/3/009/2/013/1

=======

1

     ARTICLE 9

2

RELATING TO HEALTH AND HUMAN SERVICES

3

     SECTION 1. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode

4

Island Works Program" is hereby amended to read as follows:

5

     40-5.2-20. Child-care assistance.

6

     Families or assistance units eligible for child-care assistance.

7

     (a) The department shall provide appropriate child care to every participant who is eligible

8

for cash assistance and who requires child care in order to meet the work requirements in

9

accordance with this chapter.

10

     (b) Low-Income child care. The department shall provide child care to all other working

11

families with incomes at or below one hundred eighty percent (180%) of the federal poverty level

12

if, and to the extent, such other families require child care in order to work at paid employment as

13

defined in the department's rules and regulations. Beginning October 1, 2013, the department shall

14

also provide child care to families with incomes below one hundred eighty percent (180%) of the

15

federal poverty level if, and to the extent, such families require child care to participate on a short-

16

term basis, as defined in the department's rules and regulations, in training, apprenticeship,

17

internship, on-the-job training, work experience, work immersion, or other job-readiness/job-

18

attachment program sponsored or funded by the human resource investment council (governor's

19

workforce board) or state agencies that are part of the coordinated program system pursuant to §

20

42-102-11.

21

     (c) No family/assistance unit shall be eligible for child-care assistance under this chapter if

22

the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid resources

23

are defined as any interest(s) in property in the form of cash or other financial instruments or

24

accounts that are readily convertible to cash or cash equivalents. These include, but are not limited

25

to, cash, bank, credit union, or other financial institution savings, checking, and money market

26

accounts; certificates of deposit or other time deposits; stocks; bonds; mutual funds; and other

27

similar financial instruments or accounts. These do not include educational savings accounts, plans,

28

or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult,

29

not including a spouse. The department is authorized to promulgate rules and regulations to

30

determine the ownership and source of the funds in the joint account.

 

1

     (d) As a condition of eligibility for child-care assistance under this chapter, the parent or

2

caretaker relative of the family must consent to, and must cooperate with, the department in

3

establishing paternity, and in establishing and/or enforcing child support and medical support

4

orders for all children in the family in accordance with title 15, as amended, unless the parent or

5

caretaker relative is found to have good cause for refusing to comply with the requirements of this

6

subsection.

7

     (e) For purposes of this section, "appropriate child care" means child care, including infant,

8

toddler, pre-school, nursery school, school-age, that is provided by a person or organization

9

qualified, approved, and authorized to provide such care by the department of children, youth and

10

families, or by the department of elementary and secondary education, or such other lawful

11

providers as determined by the department of human services, in cooperation with the department

12

of children, youth and families and the department of elementary and secondary education.

13

     (f) (1) Families with incomes below one hundred percent (100%) of the applicable federal

14

poverty level guidelines shall be provided with free child care. Families with incomes greater than

15

one hundred percent (100%) and less than one hundred eighty percent (180%) of the applicable

16

federal poverty guideline shall be required to pay for some portion of the child care they receive,

17

according to a sliding-fee scale adopted by the department in the department's rules.

18

     (2) Families who are receiving child-care assistance and who become ineligible for child-

19

care assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the

20

applicable federal poverty guidelines shall continue to be eligible for child-care assistance from

21

October 1, 2013, to September 30, 2017, or until their incomes exceed two hundred twenty-five

22

percent (225%) of the applicable federal poverty guidelines, whichever occurs first. To be eligible,

23

such families must continue to pay for some portion of the child care they receive, as indicated in

24

a sliding-fee scale adopted in the department's rules and in accordance with all other eligibility

25

standards.

26

     (g) In determining the type of child care to be provided to a family, the department shall

27

take into account the cost of available child-care options; the suitability of the type of care available

28

for the child; and the parent's preference as to the type of child care.

29

     (h) For purposes of this section, "income" for families receiving cash assistance under §

30

40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in

31

§§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and

32

unearned income as determined by departmental regulations.

33

     (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast

34

the expenditures for child care in accordance with the provisions of § 35-17-1.

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 2 of 24)

1

     (j) In determining eligibility for child-care assistance for children of members of reserve

2

components called to active duty during a time of conflict, the department shall freeze the family

3

composition and the family income of the reserve component member as it was in the month prior

4

to the month of leaving for active duty. This shall continue until the individual is officially

5

discharged from active duty.

6

     SECTION 2. Sections 40-8-19 and 40-8-26 of the General Laws in Chapter 40-8 entitled

7

"Medical Assistance" are hereby amended to read as follows:

8

     40-8-19. Rates of payment to nursing facilities.

9

     (a) Rate reform. (1) The rates to be paid by the state to nursing facilities licensed pursuant

10

to chapter 17 of title 23, and certified to participate in the Title XIX Medicaid program for services

11

rendered to Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that

12

must be incurred by efficiently and economically operated facilities in accordance with 42 U.S.C.

13

§1396a(a)(13). The executive office of health and human services ("executive office") shall

14

promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1,

15

2011 to be consistent with the provisions of this section and Title XIX, 42 U.S.C. 1396 et seq., of

16

the Social Security Act.

17

     (2) The executive office shall review the current methodology for providing Medicaid

18

payments to nursing facilities, including other long-term care services providers, and is authorized

19

to modify the principles of reimbursement to replace the current cost based methodology rates with

20

rates based on a price based methodology to be paid to all facilities with recognition of the acuity

21

of patients and the relative Medicaid occupancy, and to include the following elements to be

22

developed by the executive office:

23

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

24

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

25

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

26

may or may not result in automatic per diem revisions;

27

     (iv) Application of a fair rental value system;

28

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

29

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

30

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

31

not occur on October 1, 2013 or October 1, 2015, but will occur on April 1, 2015. The adjustment

32

of rates will also not occur on October 1, 2017. Said inflation index shall be applied without regard

33

for the transition factor in subsection (b)(2) below. For purposes of October 1, 2016, adjustment

34

only, any rate increase that results from application of the inflation index to subparagraphs (a)(2)(i)

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 3 of 24)

1

and (a)(2)(ii) shall be dedicated to increase compensation for direct-care workers in the following

2

manner: Not less than 85% of this aggregate amount shall be expended to fund an increase in wages,

3

benefits, or related employer costs of direct-care staff of nursing homes. For purposes of this

4

section, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs),

5

certified nursing assistants (CNAs), certified medical technicians, housekeeping staff, laundry staff,

6

dietary staff, or other similar employees providing direct care services; provided, however, that this

7

definition of direct-care staff shall not include: (i) RNs and LPNs who are classified as "exempt

8

employees" under the Federal Fair Labor Standards Act (29 U.S.C. 201 et seq.); or (ii) CNAs,

9

certified medical technicians, RNs, or LPNs who are contracted, or subcontracted, through a third-

10

party vendor or staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary,

11

or designee, a certification that they have complied with the provisions of this subparagraph

12

(a)(2)(vi) with respect to the inflation index applied on October 1, 2016. Any facility that does not

13

comply with terms of such certification shall be subjected to a clawback, paid by the nursing facility

14

to the state, in the amount of increased reimbursement subject to this provision that was not

15

expended in compliance with that certification.

16

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

17

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

18

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

19

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

20

the following components:

21

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

22

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

23

of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-care

24

costs under this provision will be phased out in twenty-five-percent (25%) increments each year

25

until October 1, 2021, when the reimbursement will no longer be in effect. No nursing facility shall

26

receive reimbursement for direct care costs that is less than the rate of reimbursement for direct

27

care costs received under the methodology in effect at the time of passage of this act; and

28

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

29

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

30

five percent (25%) each year; except, however, for the years beginning October 1, 2015, there shall

31

be no adjustment to the per diem gain or loss, but the phase out shall resume thereafter; and

32

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

33

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

34

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

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 4 of 24)

1

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

2

July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section shall

3

not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015.

4

     40-8-26. Community health centers. 

5

     (a) For the purposes of this section the term community health centers refers to federally

6

qualified health centers and rural health centers.

7

     (b) To support the ability of community health centers to provide high quality medical care

8

to patients, the department of human services executive office of health and human services

9

("executive office") shall adopt and implement a methodology for determining a Medicaid per visit

10

reimbursement for community health centers which is compliant with the prospective payment

11

system provided for in the Medicare, Medicaid and SCHIP Benefits Improvement and Protection

12

Act of 2001. The following principles are to assure that the prospective payment rate determination

13

methodology is part of the department of human services' executive office overall value purchasing

14

approach.

15

     (c) The rate determination methodology will (i) fairly recognize the reasonable costs of

16

providing services. Recognized reasonable costs will be those appropriate for the organization,

17

management and direct provision of services and (ii) provide assurances to the department of

18

human services executive office that services are provided in an effective and efficient manner,

19

consistent with industry standards. Except for demonstrated cause and at the discretion of the

20

department of human services executive office, the maximum reimbursement rate for a service (e.g.

21

medical, dental) provided by an individual community health center shall not exceed one hundred

22

twenty-five percent (125%) of the median rate for all community health centers within Rhode

23

Island.

24

     (d) Community health centers will cooperate fully and timely with reporting requirements

25

established by the department executive office.

26

     (e) Reimbursement rates established through this methodology shall be incorporated into

27

the PPS reconciliation for services provided to Medicaid eligible persons who are enrolled in a

28

health plan on the date of service. Monthly payments by DHS the executive office related to PPS

29

for persons enrolled in a health plan shall be made directly to the community health centers. 

30

     (f) Reimbursement rates established through this methodology shall be incorporated into

31

the PPS reconciliation for services provided to Medicaid eligible persons who are enrolled in a

32

health plan on the date of service. Monthly payments by DHS related to PPS for persons enrolled

33

in a health plan shall be made directly to the community health centers actuarially certified

34

capitation rates paid to a health plan. The health plan shall be responsible for paying the full amount

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 5 of 24)

1

of the reimbursement rate to the community health center for each service eligible for

2

reimbursement under the Medicare, Medicaid and SCHIP Benefits Improvement and Protection

3

Act of 2001. If the health plan has an alternative payment arrangement with the community health

4

center the health plan may establish a PPS reconciliation process for eligible services and make

5

monthly payments related to PPS for person enrolled in the health plan on the date of service. The

6

executive office will review, at least annually, the Medicaid reimbursement rates and reconciliation

7

methodology used by the health plans for community health centers to ensure payments to each are

8

made in compliance with the Medicare, Medicaid and SCHIP Benefits Improvement and Protection

9

Act of 2001.

10

     SECTION 3. Sections 40-8.3-2, 40-8.3-3 and 40-8.3-10 of the General Laws in Chapter

11

40-8.3 entitled "Uncompensated Care" are hereby amended to read as follows:

12

     40-8.3-2. Definitions.

13

     As used in this chapter:

14

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

15

any fiscal year ending after September 30, 2015 2016, the period from October 1, 2013 2014,

16

through September 30, 2014 2015, and for any fiscal year ending after September 30, 2016 2017,

17

the period from October 1, 2014, through September 30, 2015.

18

     (2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a

19

percentage), the numerator of which is the hospital's number of inpatient days during the base year

20

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

21

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

22

     (3) "Participating hospital" means any nongovernment and non-psychiatric hospital that:

23

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

24

and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to

25

23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless

26

of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and 23-

27

17-6(b) (change in effective control), that provides short-term acute inpatient and/or outpatient care

28

to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or

29

pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care

30

payment rates for a court-approved purchaser that acquires a hospital through receivership, special

31

mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued

32

a hospital license after January 1, 2013) shall be based upon the newly negotiated rates between

33

the court-approved purchaser and the health plan, and such rates shall be effective as of the date

34

that the court-approved purchaser and the health plan execute the initial agreement containing the

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 6 of 24)

1

newly negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient

2

hospital payments set forth in §40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall

3

thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1

4

following the completion of the first full year of the court-approved purchaser's initial Medicaid

5

managed care contract.

6

     (ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%)

7

during the base year; and

8

     (iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during

9

the payment year.

10

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

11

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

12

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

13

less payments, if any, received directly from such patients; and (ii) The cost incurred by such

14

hospital during the base year for inpatient or out-patient services attributable to Medicaid

15

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

16

care index.

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

30, 2014, September 30, 2015, September 30, 2016, and September 30, 2017, and September 30,

27

2018, shall be deemed to be five and thirty hundredths percent (5.30%).

28

     40-8.3-3. Implementation.

29

     (a) For federal fiscal year 2015, commencing on October 1, 2014, and ending September

30

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

31

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

32

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

33

     (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of

34

$140.0 million, shall be allocated by the executive office of health and human services to the Pool

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 7 of 24)

1

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

2

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

3

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

4

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

5

inflated by uncompensated care index for all participating hospitals. The DSH Plan payments shall

6

be made on or before July 13, 2015, and are expressly conditioned upon approval on or before July

7

6, 2015, by the Secretary of the U.S. Department of Health and Human Services, or his or her

8

authorized representative, of all Medicaid state-plan amendments necessary to secure for the state

9

the benefit of federal financial participation in federal fiscal year 2015 for the disproportionate

10

share payments.

11

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

12

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

13

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

14

Medicaid DSH Plan to provide:

15

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

16

exceed an aggregate limit of $138.2 million, shall be allocated by the executive office of health and

17

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

18

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

19

proportion to the individual, participating hospital's uncompensated-care costs for the base year,

20

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

21

inflated by uncompensated-care index for all participating hospitals. The DSH Plan shall be made

22

on or before July 11, 2016, and are expressly conditioned upon approval on or before July 5, 2016,

23

by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized

24

representative, of all Medicaid state plan amendments necessary to secure for the state the benefit

25

of federal financial participation in federal fiscal year 2016 for the DSH Plan.

26

     (c)(b) For federal fiscal year 2017, commencing on October 1, 2016, and ending September

27

30, 2017, the executive office of health and human services shall submit to the Secretary of the

28

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

29

Medicaid DSH Plan to provide:

30

     (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of

31

$139.7 million, shall be allocated by the executive office of health and human services to the Pool

32

D component of the DSH Plan; and,

33

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

34

proportion to the individual, participating hospital's uncompensated-care costs for the base year,

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 8 of 24)

1

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

2

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

3

payments shall be made on or before July 11, 2017, and are expressly conditioned upon approval

4

on or before July 5, 2017, by the Secretary of the U.S. Department of Health and Human Services,

5

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

6

for the state the benefit of federal financial participation in federal fiscal year 2017 for the

7

disproportionate share payments.

8

     (c) For federal fiscal year 2018, commencing on October 1, 2017 and ending September

9

30, 2018, the executive office of health and human services shall submit to the Secretary of the

10

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

11

Medicaid DSH Plan to provide:

12

     (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of

13

$138.6 million, shall be allocated by the executive office of health and human services to Pool D

14

component of the DSH Plan; and,

15

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

16

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

17

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

18

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

19

payments shall be made on or before July 10, 2018 and are expressly conditioned upon approval

20

on or before July 5, 2018 by the Secretary of the U.S. Department of Health and Human Services,

21

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

22

for the state the benefit of federal financial participation in federal fiscal year 2018 for the

23

disproportionate share payments.

24

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

25

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

26

education programs.

27

     (e) The executive office of health and human services is directed, on at least a monthly

28

basis, to collect patient-level uninsured information, including, but not limited to, demographics,

29

services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.

30

     (f) Beginning with federal FY 2016, Pool D DSH payments will be recalculated by the

31

state based on actual hospital experience. The final Pool D payments will be based on the data from

32

the final DSH audit for each federal fiscal year. Pool D DSH payments will be redistributed among

33

the qualifying hospitals in direct proportion to the individual, qualifying hospital's uncompensated-

34

care to the total uncompensated-care costs for all qualifying hospitals as determined by the DSH

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 9 of 24)

1

audit. No hospital will receive an allocation that would incur funds received in excess of audited

2

uncompensated-care costs.

3

     SECTION 4. Section 40-8.3-10 of the General Laws in Chapter 40-8.3 entitled

4

"Uncompensated Care" is hereby repealed.

5

     40-8.3-10. Hospital adjustment payments.

6

     Effective July 1, 2012 and for each subsequent year, the executive office of health and

7

human services is hereby authorized and directed to amend its regulations for reimbursement to

8

hospitals for inpatient and outpatient services as follows:

9

     (a) Each hospital in the state of Rhode Island, as defined in subdivision 23-17-38.1(c)(1),

10

shall receive a quarterly outpatient adjustment payment each state fiscal year of an amount

11

determined as follows:

12

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

13

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

14

hospital's prior fiscal year;

15

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

16

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

17

prior fiscal year;

18

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

19

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

20

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

21

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

22

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

23

each year;

24

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

25

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

26

     (b) Each hospital in the state of Rhode Island, as defined in subdivision 3-17-38.19(b)(1),

27

shall receive a quarterly inpatient adjustment payment each state fiscal year of an amount

28

determined as follows:

29

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

30

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

31

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

32

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

33

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

34

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

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 10 of 24)

1

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

2

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

3

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

4

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

5

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

6

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

7

and outpatient payments and emergency services payments (exclusive of physician services) paid

8

to hospitals in accordance with current state regulation and the Rhode Island Plan for Medicaid

9

Assistance pursuant to Title XIX of the Social Security Act and are not subject to recoupment or

10

settlement.

11

     SECTION 5. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled "Medical

12

Assistance - Long-Term Care Service and Finance Reform" are hereby amended to read as follows:

13

     40-8.9-9. Long-term care re-balancing system reform goal.

14

     (a) Notwithstanding any other provision of state law, the executive office of health and

15

human services is authorized and directed to apply for and obtain any necessary waiver(s), waiver

16

amendment(s) and/or state plan amendments from the secretary of the United States department of

17

health and human services, and to promulgate rules necessary to adopt an affirmative plan of

18

program design and implementation that addresses the goal of allocating a minimum of fifty percent

19

(50%) of Medicaid long-term care funding for persons aged sixty-five (65) and over and adults

20

with disabilities, in addition to services for persons with developmental disabilities , to home and

21

community-based care ; provided, further, the executive office shall report annually as part of its

22

budget submission, the percentage distribution between institutional care and home and

23

community-based care by population and shall report current and projected waiting lists for long-

24

term care and home and community-based care services. The executive office is further authorized

25

and directed to prioritize investments in home and community- based care and to maintain the

26

integrity and financial viability of all current long-term care services while pursuing this goal.

27

     (b) The reformed long-term care system re-balancing goal is person-centered and

28

encourages individual self-determination, family involvement, interagency collaboration, and

29

individual choice through the provision of highly specialized and individually tailored home- based

30

services. Additionally, individuals with severe behavioral, physical, or developmental disabilities

31

must have the opportunity to live safe and healthful lives through access to a wide range of

32

supportive services in an array of community-based settings, regardless of the complexity of their

33

medical condition, the severity of their disability, or the challenges of their behavior. Delivery of

34

services and supports in less costly and less restrictive community settings, will enable children,

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 11 of 24)

1

adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term care

2

institutions, such as behavioral health residential treatment facilities, long- term care hospitals,

3

intermediate care facilities and/or skilled nursing facilities.

4

     (c) Pursuant to federal authority procured under 42-7.2-16 of the general laws, the

5

executive office of health and human services is directed and authorized to adopt a tiered set of

6

criteria to be used to determine eligibility for services. Such criteria shall be developed in

7

collaboration with the state's health and human services departments and, to the extent feasible, any

8

consumer group, advisory board, or other entity designated for such purposes, and shall encompass

9

eligibility determinations for long-term care services in nursing facilities, hospitals, and

10

intermediate care facilities for persons with intellectual disabilities as well as home and community-

11

based alternatives, and shall provide a common standard of income eligibility for both institutional

12

and home and community- based care. The executive office is authorized to adopt clinical and/or

13

functional criteria for admission to a nursing facility, hospital, or intermediate care facility for

14

persons with intellectual disabilities that are more stringent than those employed for access to home

15

and community-based services. The executive office is also authorized to promulgate rules that

16

define the frequency of re- assessments for services provided for under this section. Levels of care

17

may be applied in accordance with the following:

18

     (1) The executive office shall continue to apply the level of care criteria in effect on June

19

30, 2015 for any recipient determined eligible for and receiving Medicaid-funded long-term

20

services in supports in a nursing facility, hospital, or intermediate care facility for persons with

21

intellectual disabilities on or before that date, unless:

22

     (a) the recipient transitions to home and community based services because he or she would

23

no longer meet the level of care criteria in effect on June 30, 2015; or

24

     (b) the recipient chooses home and community-based services over the nursing facility,

25

hospital, or intermediate care facility for persons with intellectual disabilities. For the purposes of

26

this section, a failed community placement, as defined in regulations promulgated by the executive

27

office, shall be considered a condition of clinical eligibility for the highest level of care. The

28

executive office shall confer with the long-term care ombudsperson with respect to the

29

determination of a failed placement under the ombudsperson's jurisdiction. Should any Medicaid

30

recipient eligible for a nursing facility, hospital, or intermediate care facility for persons with

31

intellectual disabilities as of June 30, 2015, receive a determination of a failed community

32

placement, the recipient shall have access to the highest level of care; furthermore, a recipient who

33

has experienced a failed community placement shall be transitioned back into his or her former

34

nursing home, hospital, or intermediate care facility for persons with intellectual disabilities

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 12 of 24)

1

whenever possible. Additionally, residents shall only be moved from a nursing home, hospital, or

2

intermediate care facility for persons with intellectual disabilities in a manner consistent with

3

applicable state and federal laws.

4

     (2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a

5

nursing home, hospital, or intermediate care facility for persons with intellectual disabilities shall

6

not be subject to any wait list for home and community-based services.

7

     (3) No nursing home, hospital, or intermediate care facility for persons with intellectual

8

disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds

9

that the recipient does not meet level of care criteria unless and until the executive office has:

10

     (i) performed an individual assessment of the recipient at issue and provided written notice

11

to the nursing home, hospital, or intermediate care facility for persons with intellectual disabilities

12

that the recipient does not meet level of care criteria; and

13

     (ii) the recipient has either appealed that level of care determination and been unsuccessful,

14

or any appeal period available to the recipient regarding that level of care determination has expired.

15

     (d) The executive office is further authorized to consolidate all home and community-based

16

services currently provided pursuant to 1915( c) of title XIX of the United States Code into a single

17

system of home and community- based services that include options for consumer direction and

18

shared living. The resulting single home and community-based services system shall replace and

19

supersede all §1915(c) programs when fully implemented. Notwithstanding the foregoing, the

20

resulting single program home and community-based services system shall include the continued

21

funding of assisted living services at any assisted living facility financed by the Rhode Island

22

housing and mortgage finance corporation prior to January 1, 2006, and shall be in accordance with

23

chapter 66.8 of title 42 of the general laws as long as assisted living services are a covered Medicaid

24

benefit.

25

     (e) The executive office is authorized to promulgate rules that permit certain optional

26

services including, but not limited to, homemaker services, home modifications, respite, and

27

physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care

28

subject to availability of state-appropriated funding for these purposes.

29

     (f) To promote the expansion of home and community-based service capacity, the

30

executive office is authorized to pursue payment methodology reforms that increase access to

31

homemaker, personal care (home health aide), assisted living, adult supportive care homes, and

32

adult day services, as follows:

33

     (1) Development, of revised or new Medicaid certification standards that increase access

34

to service specialization and scheduling accommodations by using payment strategies designed to

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 13 of 24)

1

achieve specific quality and health outcomes.

2

     (2) Development of Medicaid certification standards for state authorized providers of adult

3

day services, excluding such providers of services authorized under 40.1-24-1(3), assisted living,

4

and adult supportive care (as defined under 23-17.24) that establish for each, an acuity- based,

5

tiered service and payment methodology tied to: licensure authority, level of beneficiary needs; the

6

scope of services and supports provided; and specific quality and outcome measures.

7

     The standards for adult day services for persons eligible for Medicaid-funded long-term

8

services may differ from those who do not meet the clinical/functional criteria set forth in 40-8.10-

9

3.

10

     (3) By October 1, 2016, institute an increase in the base-payment rates for home-care

11

service providers, in an amount to be determined through the appropriations process, for the

12

purpose of implementing a wage pass-through program for personal-care attendants and home

13

health aides assisting long-term-care beneficiaries. On or before September 1, 2016, Medicaid-

14

funded home health providers seeking to participate in the program shall submit to the secretary,

15

for his or her approval, a written plan describing and attesting to the manner in which the increased

16

payment rates shall be passed through to personal-care attendants and home health aides in their

17

salaries or wages less any attendant costs incurred by the provider for additional payroll taxes,

18

insurance contributions, and other costs required by federal or state law, regulation, or policy and

19

directly attributable to the wage pass-through program established in this section. Any such

20

providers contracting with a Medicaid managed-care organization shall develop the plan for the

21

wage pass-through program in conjunction with the managed-care entity and shall include an

22

assurance by the provider that the base-rate increase is implemented in accordance with the goal of

23

raising the wages of the health workers targeted in this subsection. Participating providers who do

24

not comply with the terms of their wage pass-through plan shall be subject to a clawback, paid by

25

the provider to the state, for any portion of the rate increase administered under this section that the

26

secretary deems appropriate. As the state's Medicaid program seeks to assist more beneficiaries

27

requiring long-term services and supports in home and community-based settings, the demand for

28

home care workers has increased, and wages for these workers has not kept pace with neighboring

29

states, leading to high turnover and vacancy rates in the state's home care industry, the EOHHS

30

shall institute a one-time increase in the base-payment rates for home-care service providers to

31

promote increased access to and an adequate supply of highly trained home health care

32

professionals, in amount to be determined by the appropriations process, for the purpose of raising

33

wages for personal care attendants and home health aides to be implemented by such providers.

34

     (g) The executive office shall implement a long-term care options counseling program to

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 14 of 24)

1

provide individuals, or their representatives, or both, with long-term care consultations that shall

2

include, at a minimum, information about: long-term care options, sources, and methods of both

3

public and private payment for long-term care services and an assessment of an individual's

4

functional capabilities and opportunities for maximizing independence. Each individual admitted

5

to, or seeking admission to a long-term care facility, regardless of the payment source, shall be

6

informed by the facility of the availability of the long-term care options counseling program and

7

shall be provided with long-term care options consultation if they so request. Each individual who

8

applies for Medicaid long-term care services shall be provided with a long-term care consultation.

9

     (h) The executive office is also authorized, subject to availability of appropriation of

10

funding, and federal Medicaid-matching funds, to pay for certain services and supports necessary

11

to transition or divert beneficiaries from institutional or restrictive settings and optimize their health

12

and safety when receiving care in a home or the community . The secretary is authorized to obtain

13

any state plan or waiver authorities required to maximize the federal funds available to support

14

expanded access to such home and community transition and stabilization services; provided,

15

however, payments shall not exceed an annual or per person amount.

16

     (i) To ensure persons with long-term care needs who remain living at home have adequate

17

resources to deal with housing maintenance and unanticipated housing related costs, the secretary

18

is authorized to develop higher resource eligibility limits for persons or obtain any state plan or

19

waiver authorities necessary to change the financial eligibility criteria for long-term services and

20

supports to enable beneficiaries receiving home and community waiver services to have the

21

resources to continue living in their own homes or rental units or other home-based settings.

22

     (j) The executive office shall implement, no later than January 1, 2016, the following home

23

and community-based service and payment reforms:

24

     (1) Community-based supportive living program established in 40-8.13-2.12;

25

     (2) Adult day services level of need criteria and acuity-based, tiered payment methodology;

26

and

27

     (3) Payment reforms that encourage home and community-based providers to provide the

28

specialized services and accommodations beneficiaries need to avoid or delay institutional care.

29

     (k) The secretary is authorized to seek any Medicaid section 1115 waiver or state plan

30

amendments and take any administrative actions necessary to ensure timely adoption of any new

31

or amended rules, regulations, policies, or procedures and any system enhancements or changes,

32

for which appropriations have been authorized, that are necessary to facilitate implementation of

33

the requirements of this section by the dates established. The secretary shall reserve the discretion

34

to exercise the authority established under 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with the

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 15 of 24)

1

governor, to meet the legislative directives established herein.

2

     SECTION 6. 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.

6

     (a) Notwithstanding any provision of the Rhode Island general laws to the contrary, the

7

department of behavioral healthcare, developmental disabilities and hospitals shall have the

8

following powers 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 plan

16

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 state

23

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) To act for all purposes in the capacity of "state substance-abuse authority" as the sole

27

designated agency with the sole responsibility for planning, coordinating, managing, implementing,

28

and reporting on state substance-abuse planning and policy efforts as it relates to requirements set

29

forth in pertinent federal substance-abuse laws and regulations; To act in conjunction with the

30

executive office of health and human services as the state's co-designated agency (§ 42 U.S.C.

31

300x-30(a)) for administering federal aid and for the purposes of the calculation of the expenditures

32

relative to the substance abuse block grant and federal funding maintenance of effort. The

33

department of behavioral healthcare, developmental disabilities and hospitals, as the state's

34

substance abuse authority, will have the sole responsibility for the planning, policy and

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 16 of 24)

1

implementation efforts as it relates to the requirements set forth in pertinent substance abuse laws

2

and regulations including 42 U.S.C. § 300x-21 et seq.;

3

     (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving

4

insurance and managed care systems for substance-abuse services in Rhode Island;

5

     (10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual

6

relationships and memoranda of agreement as necessary for the purposes of this chapter;

7

     (11) To license facilities and programs for the care and treatment of substance abusers and

8

for the prevention of substance abuse;

9

     (12) To promulgate rules and regulations necessary to carry out the requirements of this

10

chapter;

11

     (13) Perform other acts and exercise any other powers necessary or convenient to carry out

12

the intent and purposes of this chapter;

13

     (14) To exercise the authority and responsibilities relating to education, prevention, and

14

treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter

15

1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter

16

21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and § 35-4-18;

17

     (15) To establish a Medicare Part D restricted-receipt account in the hospitals and

18

community rehabilitation services program to receive and expend Medicare Part D reimbursements

19

from pharmacy benefit providers consistent with the purposes of this chapter;

20

     (16) To establish a RICLAS group home operations restricted-receipt account in the

21

services for the developmentally disabled program to receive and expend rental income from

22

RICLAS group clients for group home-related expenditures, including food, utilities, community

23

activities, and the maintenance of group homes;

24

     (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the

25

hospitals and community rehabilitation services program to receive and expend reimbursement

26

from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid

27

eligible; and

28

     (18) To certify recovery housing facilities directly, or through a contracted entity, as

29

defined by department guidelines, which includes adherence to using National Alliance for

30

Recovery Residences (NARR) standards. In accordance with a schedule to be determined by the

31

department, all referrals from state agencies or state-funded facilities shall be to certified houses,

32

and only certified recovery housing facilities shall be eligible to receive state funding to deliver

33

recovery housing services; and.

34

     (19) To act in conjunction with the executive office of health and human services as the

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 17 of 24)

1

state's co-designated agency for administering federal aid and for the purpose of the calculation of

2

expenditures relative to the substance-abuse block grant and federal funding maintenance of effort

3

requirements.

4

     SECTION 7. Section 40.1-22-39 of the General Laws in Chapter 40.1-22 entitled

5

"Developmental Disabilities" is hereby amended to read as follows:

6

     40.1-22-39. Monthly reports to the general assembly.

7

     On or before the fifteenth (15th) day of each month, the department shall provide a monthly

8

report of monthly caseload and expenditure data, pertaining to eligible, developmentally disabled

9

adults, to the chairperson of the house finance committee; the chairperson of the senate finance

10

committee; the house fiscal advisor; the senate fiscal advisor; and the state budget officer. The

11

monthly report shall be in such form, and in such number of copies, and with such explanation as

12

the house and senate fiscal advisors may require. It shall include, but is not limited to, the number

13

of cases and expenditures from the beginning of the fiscal year at the beginning of the prior month;

14

cases added and denied during the prior month; expenditures made; and the number of cases and

15

expenditures at the end of the month. The information concerning cases added and denied shall

16

include summary information and profiles of the service-demand request for eligible adults meeting

17

the state statutory definition for services from the division of developmental disabilities as

18

determined by the division, including age, Medicaid eligibility and agency selection placement with

19

a list of the services provided, and the reasons for the determinations of ineligibility for those cases

20

denied.

21

     The department shall also provide, monthly, the number of individuals in a shared-living

22

arrangement and how many may have returned to a 24-hour residential placement in that month.

23

The department shall also report, monthly, any and all information for the consent decree that has

24

been submitted to the federal court as well as the number of unduplicated individuals employed;

25

the place of employment; and the number of hours working.

26

     The department shall also provide the amount of funding allocated to individuals above the

27

assigned resource levels; the number of individuals and the assigned resource level; and the reasons

28

for the approved additional resources. The department will also collect and forward to house fiscal

29

advisor, senate fiscal advisor and state budget officer, by November 1 of each year, the annual cost

30

reports for each community based provider for the prior fiscal year.

31

     The department shall also provide the amount of patient liability to be collected and the

32

amount collected as well as the number of individuals who have a financial obligation.

33

     The department will also provide a list of community based providers awarded an advanced

34

payment for residential and community based day programs, the address for each property and the

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 18 of 24)

1

value of the advancement. If the property is sold, the department must report the final sale,

2

including the purchaser, the value of the sale and the name of the agency that operated the facility.

3

If residential property, the department must provide the number of individuals residing in the home

4

at the time of sale and identify the type of residential placement that the individual(s) will be

5

moving to. The department must report if the property will continue to be licensed as a residential

6

facility. The department will also report any newly licensed twenty-four (24) hour group home, the

7

provider operating the facility and the number of individuals residing in the facility.

8

     Prior to December 1, 2017, the department will provide the authorizations for community

9

based and day program, including the unique number of individuals eligible to receive the services

10

and at the end of each month the unique number of individuals who participated in the programs

11

and claims processed.

12

     SECTION 8. Section 42-7.2-2 of the General Laws in Chapter 42-7.2 entitled "Executive

13

Office of Health and Human Services" is hereby amended to read as follows:

14

     42-7.2-2. Executive office of health and human services.

15

     There is hereby established within the executive branch of state government an executive

16

office of health and human services to serve as the principal agency of the executive branch of state

17

government for managing the departments of children, youth and families, health, human services,

18

and behavioral healthcare, developmental disabilities and hospitals. In this capacity, the office

19

shall:

20

     (a) Lead the state's four (4) health and human services departments in order to:

21

     (1) Improve the economy, efficiency, coordination, and quality of health and human

22

services policy and planning, budgeting, and financing.

23

     (2) Design strategies and implement best practices that foster service access, consumer

24

safety, and positive outcomes.

25

     (3) Maximize and leverage funds from all available public and private sources, including

26

federal financial participation, grants, and awards.

27

     (4) Increase public confidence by conducting independent reviews of health and human

28

services issues in order to promote accountability and coordination across departments.

29

     (5) Ensure that state health and human services policies and programs are responsive to

30

changing consumer needs and to the network of community providers that deliver assistive services

31

and supports on their behalf.

32

     (6) Administer Rhode Island Medicaid in the capacity of the single state agency authorized

33

under title XIX of the U.S. Social Security act, 42 U.S.C. § 1396a et seq., and exercise such single

34

state agency authority for such other federal and state programs as may be designated by the

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 19 of 24)

1

governor. Except as provided for herein, nothing in this chapter shall be construed as transferring

2

to the secretary the powers, duties, or functions conferred upon the departments by Rhode Island

3

general laws for the management and operations of programs or services approved for federal

4

financial participation under the authority of the Medicaid state agency.

5

     (7) To act in conjunction with the department of behavioral healthcare, developmental

6

disabilities and hospitals as the state's co-designated agency for administering federal aid and for

7

the purpose of the calculation of expenditures relative to the substance-abuse block grant and

8

federal funding maintenance of effort requirements. To act in conjunction with the department of

9

behavioral healthcare, developmental disabilities and hospitals as the state's co-designated agency

10

(42 U.S.C. § 300x-30(a)) for administering federal aid and for the purposes of the calculation of

11

expenditures relative to the substance abuse block grant and federal funding maintenance of effort.

12

     SECTION 9. Section 42-12-29 of the General Laws in Chapter 42-12 entitled "Department

13

of Human Services" is hereby amended to read as follows:

14

     42-12-29. Children's health account.

15

     (a) There is created within the general fund a restricted receipt account to be known as the

16

"children's health account." All money in the account shall be utilized by the department of human

17

services executive office of health and human services ("executive office") to effectuate coverage

18

for the following service categories: (1) home health services, which include pediatric private duty

19

nursing and certified nursing assistant services; (2) Cedar comprehensive, evaluation, diagnosis,

20

assessment, referral and evaluation (CEDARR) (CEDAR) services, which include CEDARR

21

family center services, home based therapeutic services, personal assistance services and supports

22

(PASS) and kids connect services and (3) child and adolescent treatment services (CAITS). All

23

money received pursuant to this section shall be deposited in the children's health account. The

24

general treasurer is authorized and directed to draw his or her orders on the account upon receipt

25

of properly authenticated vouchers from the department of human services executive office.

26

     (b) Beginning January 1, 2016 July 1, 2017, a portion of the amount collected pursuant to

27

42-7.4-3, up to the actual amount expended or projected to be expended by the state for the services

28

described in 42-12-29(a), less any amount collected in excess of the prior year's funding

29

requirement as indicated in 42-12-29(c), but in no event more than the limit set forth in 42-12-29(d)

30

(the "child health services funding requirement"), shall be deposited in the "children's health

31

account.". The funds shall be used solely for the purposes of the "children's health account", and

32

no other.

33

     (c) The department of human services executive office shall submit to the general assembly

34

an annual report on the program and costs related to the program, on or before February 1 of each

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 20 of 24)

1

year. The department executive office shall make available to each insurer required to make a

2

contribution pursuant to 42-7.4-3, upon its request, detailed information regarding the children's

3

health programs described in subsection (a) and the costs related to those programs. Any funds

4

collected in excess of funds needed to carry out the programs shall be deducted from the subsequent

5

year's funding requirements.

6

     (d) The total amount required to be deposited into the children's health account shall be

7

equivalent to the amount paid by the department of human services executive office for all services,

8

as listed in subsection (a), but not to exceed seven thousand five hundred dollars ($7,500) twelve

9

thousand five hundred dollars ($12,500) per child per service per year.

10

     (e) The children's health account shall be exempt from the indirect cost recovery provisions

11

of 35-4-27 of the general laws.

12

     SECTION 10. Section 15 of Article 5 of Chapter 141 of the Public Laws of 2015 is hereby

13

amended to read as follows:

14

     A pool is hereby established of up to $4.0 million to support Medicaid Graduate Education

15

funding for Academic Medical Centers with level I Trauma Centers who provide care to the state's

16

critically ill and indigent populations. The office of Health and Human Services shall utilize this

17

pool to provide up to $5 million per year in additional Medicaid payments to support Graduate

18

Medical Education programs to hospitals meeting all of the following criteria:

19

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

20

regardless of coverage.

21

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

22

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

23

residents per year.

24

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

25

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

26

documents required to implement the payments.

27

     Payments for Graduate Medical Education programs shall be made annually.

28

     SECTION 11. RELATING TO MEDICAID REFORM ACT OF 2008 RESOLUTION

29

     Section 1. Rhode Island Medicaid Reform Act of 2008 Resolution.

30

     WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled "The Rhode

31

Island Medicaid Reform Act of 2008"; and

32

     WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws

33

42-12.4-1, et seq.; and

34

     WHEREAS, Rhode Island General Law 42-7.2-5(3)(a) provides that the Secretary of the

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 21 of 24)

1

Executive Office of Health and Human Services ("Executive Office") is responsible for the review

2

and coordination of any Medicaid section 1115 demonstration waiver requests and renewals as well

3

as any initiatives and proposals requiring amendments to the Medicaid state plan or category II or

4

III changes as described in the demonstration, "with potential to affect the scope, amount, or

5

duration of publicly-funded health care services, provider payments or reimbursements, or access

6

to or the availability of benefits and services provided by Rhode Island general and public laws";

7

and

8

     WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is

9

fiscally sound and sustainable, the Secretary requests legislative approval of the following

10

proposals to amend the demonstration:

11

     (a) Provider Rates -- Adjustments. The Executive Office proposes to:

12

     (i) Eliminate hospital payments by the projected increases in hospital rates that would

13

otherwise take-effect during the state fiscal year 2018 and reduce the hospital payments by one

14

percent on January 1, 2018.

15

      (ii) Adjust acuity-based payment rates to nursing facilities and eliminate Eliminate the

16

annual increase in rates that would otherwise take-effect on October 1, 2017;

17

     (iii) Change the acuity-based policy adjustor for payments to hospitals for behavioral health

18

services; and

19

     (iv) Reduce rates for Medicaid managed care plan administration.

20

     Implementation of adjustments may require amendments to the Rhode Island's Medicaid

21

State Plan and/or Section 1115 waiver under the terms and conditions of the demonstration. Further,

22

adoption of new or amended rules, regulations and procedures may also be required.

23

     (b) Beneficiary Liability Collection Enhancements – Federal laws and regulations require

24

beneficiaries who are receiving Medicaid-funded long-term services and supports (LTSS) to pay a

25

portion of their income toward in the cost of care. The Executive Office is seeking to enhance the

26

agency's capacity to collect these payments in a timely and equitable manner. The Executive Office

27

may require federal State Plan and/or waiver authority to implement these enhancements. Amended

28

rules, regulations and procedures may also be required.

29

     (c) Community Health Centers – Alternative payment methodology. To pursue more

30

transparent, better coordinated, and cost-effective care delivery, the Executive Office proposes to

31

revise the Rhode Island's Principles of Reimbursement for Federally Qualified Health Centers, as

32

amended July 2012, to include in its monthly capitation payments to the health plans the total cost

33

of providing care to the Medicaid plan members the Community Health Centers serve. Pursuing

34

such revisions may also require amendments to the Medicaid state plan and/or other federal

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 22 of 24)

1

authorities.

2

     (d) Healthy Aging Initiative and LTSS System Reform. The Executive Office proposes to

3

further the goals of the Healthy Aging Initiative and LTSS system rebalancing by pursuing:

4

     (i) Integrated Care Initiative (ICI) – Demonstration amendment. New enrollment patterns

5

in managed care and fee-for-services Medicaid that will promote the Healthy Aging Initiative goals

6

of achieving greater utilization of home and community-based long-term services and supports

7

options.

8

     (ii)(i) Process Review and Reform. A review of access to Medicaid-funded LTSS for the

9

purpose of reforming existing processes to streamline eligibility determination procedures, promote

10

options counseling and person-centered planning, and to further the goals of rebalancing the LTSS

11

system while preserving service quality, choice and cost-effectiveness.

12

     Implementation of these changes may require Section 1115 waiver authority under the

13

terms and conditions of the demonstration. New and/or amended rules, regulations and procedures

14

may also be necessary to implement this proposal. Accordingly, the Executive Office may require

15

State Plan or the Section 1115 waiver to foster greater access to home and community-based

16

services. Implementation of such changes may also require the adoption of rules, regulations and/or

17

procedures.

18

     (e) Estate Recoveries and Liens. Proposed changes in Executive Office policies pertaining

19

to estate recoveries and liens may require new or amended State Plan and/or Section 1115 waiver

20

authorities. Implementation of these changes may also require new and/or amended rules,

21

regulations and procedures.

22

     (f) Federal Financing Opportunities. The Executive Office proposes to review Medicaid

23

requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of 2010

24

(PPACA) and various other recently enacted federal laws and pursue any changes in the Rhode

25

Island Medicaid program that promote service quality, access and cost-effectiveness that may

26

warrant a Medicaid State Plan amendment or amendment under the terms and conditions of Rhode

27

Island's Section 1115 Waiver, its successor, or any extension thereof. Any such actions by the

28

Executive Office shall not have an adverse impact on beneficiaries or cause there to be an increase

29

in expenditures beyond the amount appropriated for state fiscal year 2018. Now, therefore, be it:

30

     RESOLVED, the General Assembly hereby approves proposals and be it further;

31

     RESOLVED, the Secretary of the Executive Office is authorized to pursue and implement

32

any waiver amendments, State Plan amendments, and/or changes to the applicable department's

33

rules, regulations and procedures approved herein and as authorized by 42-12.4-7; and be it further

34

     RESOLVED, that this Joint Resolution shall take effect upon passage.

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 23 of 24)

1

     SECTION 12. Section 1 of this Article shall take effect on October 1, 2017. The remainder

2

of this Article shall take effect upon passage.

 

Art9
RELATING TO HEALTH AND HUMAN SERVICES
(Page 24 of 24)

 

 

 

=======

art.010/9/010/8/010/7/010/6/010/5/010/4/010/3/010/2

=======

1

     ARTICLE 10

2

RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017

3

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

4

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

5

treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2017.

6

The amounts identified for federal funds and restricted receipts shall be made available pursuant to

7

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

8

and functions hereinafter mentioned, 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 such portions thereof

10

as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

11

FY 2017 FY 2017 FY 2017

12

Enacted Change Final

13

Administration

14

Central Management

15

General Revenues 2,660,785 60,974 2,721,759

16

Legal Services

17

General Revenues 2,185,988 (109,253) 2,076,735

18

Accounts and Control

19

General Revenues 4,147,433 (143,027) 4,004,406

20

Office of Management and Budget

21

General Revenues 8,535,107 (1,580,272) 6,954,835

22

Restricted Receipts 355,000 109,647 464,647

23

Other Funds 1,381,095 123,696 1,504,791

24

Total – Office of Management and Budget 10,271,202 (1,346,929) 8,924,273

25

Purchasing

26

General Revenues 2,860,722 (21,863) 2,838,859

27

Other Funds 232,640 46,420 279,060

28

Total – Purchasing 3,093,362 24,557 3,117,919

29

Human Resources

30

General Revenues 7,783,906 (124,660) 7,659,246

 

1

Federal Funds 784,618 260,226 1,044,844

2

Restricted Receipts 487,070 137,176 624,246

3

Other Funds 1,486,706 96,829 1,583,535

4

Total - Human Resources 10,542,300 369,571 10,911,871

5

Personnel Appeal Board

6

General Revenues 133,419 11,833 145,252

7

Information Technology

8

General Revenues 21,840,562 (73,641) 21,766,921

9

Federal Funds 6,778,053 69,098 6,847,151

10

Restricted Receipts 9,903,237 6,304,893 16,208,130

11

Other Funds 2,771,449 (50,812) 2,720,637

12

Total – Information Technology 41,293,301 6,249,538 47,542,839

13

Library and Information Services

14

General Revenues 1,342,819 (1,190) 1,341,629

15

Federal Funds 1,200,253 15,500 1,215,753

16

Restricted Receipts 28 5,472 5,500

17

Total - Library and Information Services 2,543,100 19,782 2,562,882

18

Planning

19

General Revenues 1,341,758 (367,387) 974,371

20

Federal Funds 1,014,317 (990,006) 24,311

21

Other Funds

22

Air Quality Modeling 24,000 0 24,000

23

Federal Highway – PL Systems Planning 2,974,750 52,460 3,027,210

24

FTA – Metro Planning Grant 0 998,791 998,791

25

Total - Planning 5,354,825 (306,142) 5,048,683

26

General

27

General Revenues 50,000 0 50,000

28

     Provided that this amount be allocated to City Year for the Whole School Whole Child

29

Program, which provides individualized support to at-risk students.

30

Torts - Courts/Awards 400,000 0 400,000

31

State Employees/Teachers Retiree Health Subsidy 2,321,057 0 2,321,057

32

Resource Sharing and State Library Aid 9,362,072 0 9,362,072

33

Library Construction Aid 2,223,220 (2,274) 2,220,946

34

RIPTA 900,000 0 900,000

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 2 of 35)

1

Restricted Receipts 421,500 278,500 700,000

2

Other Funds

3

Rhode Island Capital Plan Funds

4

Statehouse Renovations 700,000 300,000 1,000,000

5

DoIT Enterprise Operations Center 500,000 (340,000) 160,000

6

Cranston Street Armory 1,500,000 0 1,500,000

7

Cannon Building 400,000 0 400,000

8

Pastore Center Rehab DOA Portion 6,783,000 117,000 6,900,000

9

Zambarano Building Rehabilitation 3,785,000 (1,610,000) 2,175,000

10

Pastore Strategic Plan 1,325,500 200,000 1,525,500

11

Old State House 500,000 (450,000) 50,000

12

State Office Building 1,670,000 35,000 1,705,000

13

Old Colony House 100,000 180,000 280,000

14

William Powers Building 1,000,000 (200,000) 800,000

15

Pastore Center Utility Systems Upgrade 2,878,000 (742,378) 2,135,622

16

Replacement of Fueling Tanks 400,000 (204,390) 195,610

17

Environmental Compliance 200,000 (100,000) 100,000

18

Big River Management Area 100,000 (68,280) 31,720

19

Washington County Government Center 500,000 (400,000) 100,000

20

Veterans Memorial Auditorium 245,000 210,147 455,147

21

Chapin Health Laboratory 2,362,000 (2,262,000) 100,000

22

Pastore Center Parking 900,000 (785,000) 115,000

23

Pastore Center Water Tanks and Pipes 380,000 160,000 540,000

24

RI Convention Center Authority 1,000,000 50,245 1,050,245

25

Dunkin Donuts Center 2,787,500 135,759 2,923,259

26

Pastore Power Plant Rehabilitation 640,000 (640,000) 0

27

Virks Building Renovations 14,505,000 627,512 15,132,512

28

Accessibility – Facility Renovations 1,000,000 0 1,000,000

29

Harrington Hall Renovations 0 194,222 194,222

30

Mathias Building 0 530,000 530,000

31

McCoy Stadium Repairs 0 115,000 115,000

32

Veterans Land Purchase 0 45,000 45,000

33

Total – General 61,838,849 (4,625,937) 57,212,912

34

Debt Service Payments

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 3 of 35)

1

General Revenues 130,523,966 (10,980,594) 119,543,372

2

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

3

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

4

maximum debt service due in accordance with the loan agreement.

5

Federal Funds 2,235,315 (699) 2,234,616

6

Restricted Receipts 111,453 451 111,904

7

Other Funds

8

COPS - DLT Building – TDI 127,677 (57) 127,620

9

COPS – DLT Building – Other 0 1,453 1,453

10

Transportation Debt Service 45,942,881 0 45,942,881

11

Investment Receipts – Bond Funds 100,000 0 100,000

12

Total - Debt Service Payments 179,041,292 (10,979,446) 168,061,846

13

Energy Resources

14

Federal Funds 397,040 282,095 679,135

15

Restricted Receipts 12,520,976 3,509,337 16,030,313

16

Total – Energy Resources 12,918,016 3,791,432 16,709,448

17

Rhode Island Health Benefits Exchange

18

General Revenues 2,625,841 0 2,625,841

19

Federal Funds 1,177,039 6,763,779 7,940,818

20

Restricted Receipts 8,580,747 (2,567,501) 6,013,246

21

Total - Rhode Island Health Benefits Exchange 12,383,627 4,196,278 16,579,905

22

Construction Permitting, Approvals and Licensing

23

General Revenues 1,823,455 (144,718) 1,678,737

24

Restricted Receipts 1,440,520 (61,484) 1,379,036

25

Total – Construction Permitting, Approvals and

26

Licensing 3,263,975 (206,202) 3,057,773

27

Office of Diversity, Equity, and Opportunity

28

General Revenues 1,294,640 (270,043) 1,024,597

29

Other Funds 92,993 (42,869) 50,124

30

Total – Office of Diversity, Equity & Opportunity 1,387,633 (312,912) 1,074,721

31

Capital Asset Management and Maintenance

32

General Revenues 34,693,189 (1,139,891) 33,553,298

33

Federal Funds 1,310,071 258,673 1,568,744

34

Restricted Receipts 443,424 204,910 648,334

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 4 of 35)

1

Other Funds 4,412,913 (627,735) 3,785,178

2

Total – Capital Asset Management &

3

Maintenance 40,859,597 (1,304,043) 39,555,554

4

Personnel and Operational Reforms

5

General Revenues (1,966,421) 1,000,000 (966,421)

6

Grand Total – Administration 391,952,283 (3,609,926) 388,342,357

7

Business Regulation

8

Central Management

9

General Revenues 1,325,909 (90,338) 1,235,571

10

Banking Regulation

11

General Revenues 1,818,673 (256,869) 1,561,804

12

Restricted Receipts 50,000 25,000 75,000

13

Total–Banking Regulation 1,868,673 (231,869) 1,636,804

14

Securities Regulation

15

General Revenues 1,079,028 (169,132) 909,896

16

Restricted Receipts 15,000 0 15,000

17

Total - Securities Regulation 1,094,028 (169,132) 924,896

18

Insurance Regulation

19

General Revenues 3,993,494 (361,461) 3,632,033

20

Restricted Receipts 1,792,566 7,371 1,799,937

21

Total - Insurance Regulation 5,786,060 (354,090) 5,431,970

22

Office of the Health Insurance Commissioner

23

General Revenues 1,449,061 (1,485) 1,447,576

24

Federal Funds 1,100,710 910,686 2,011,396

25

Restricted Receipts 11,500 0 11,500

26

Total – Office of the Health Insurance

27

Commissioner 2,561,271 909,201 3,470,472

28

Board of Accountancy

29

General Revenues 6,000 0 6,000

30

Commercial Licensing, Racing & Athletics

31

General Revenues 638,207 233,895 872,102

32

Restricted Receipts 2,306,661 (410,378) 1,896,283

33

Total - Commercial Licensing, Racing & Athletics 2,944,868 (176,483) 2,768,385

34

Boards for Design Professionals

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 5 of 35)

1

General Revenues 273,080 83,166 356,246

2

Grand Total - Business Regulation 15,859,889 (29,545) 15,830,344

3

Executive Office of Commerce

4

Central Management

5

General Revenues 1,200,198 (244,599) 955,599

6

Housing and Community Development

7

General Revenues 617,205 (3,372) 613,833

8

Federal Funds 17,790,927 476,004 18,266,931

9

Restricted Receipts 4,750,000 0 4,750,000

10

Total – Housing and Community Development 23,158,132 472,632 23,630,764

11

Quasi-Public Appropriations

12

General Revenues

13

Rhode Island Commerce Corporation 7,394,514 40,000 7,434,514

14

Airport Impact Aid 1,025,000 0 1,025,000

15

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

16

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

17

total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)

18

of the first $1,000,000 shall be distributed based on the share of landings during the calendar year

19

2016 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset

20

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

21

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

22

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

23

shall receive at least $25,000.

24

STAC Research Alliance 1,150,000 0 1,150,000

25

Innovative Matching Grants/Internships 1,000,000 0 1,000,000

26

1-195 Redevelopment District Commission 761,000 69,116 830,116

27

Chafee Center at Bryant 376,200 0 376,200

28

RI College and University Research Collaborative 150,000 0 150,000

29

Other Funds

30

Rhode Island Capital Plan Funds

31

I-195 Redevelopment District Commission 300,000 85,000 385,000

32

Quonset Piers 1,000,000 (600,000) 400,000

33

Total - Quasi-Public Appropriations 13,156,714 (405,884) 12,750,830

34

Economic Development Initiatives Fund

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 6 of 35)

1

General Revenues

2

Cluster Grants 500,000 0 500,000

3

Main Street RI Streetscape Improvements 1,000,000 0 1,000,000

4

Rebuild RI Tax Credit Fund 25,000,000 0 25,000,000

5

First Wave Closing Fund 7,000,000 1,500,000 8,500,000

6

P-Tech 1,200,000 0 1,200,000

7

Innovation Vouchers 1,500,000 0 1,500,000

8

Anchor Institution Tax Credits 700,000 (700,000) 0

9

Total - Economic Development Initiatives

10

Fund 36,900,000 800,000 37,700,000

11

Commerce Programs

12

General Revenues 5,000,000 (1,500,000) 3,500,000

13

Grand Total - Executive Office of Commerce 79,415,044 (877,851) 78,537,193

14

Labor and Training

15

Central Management

16

General Revenues 120,134 13,993 134,127

17

Restricted Receipts 529,314 323,907 853,221

18

Other Funds

19

Rhode Island Capital Plan Funds

20

Center General Building Roof 0 156,620 156,620

21

Center General Asset Protection 1,905,000 (1,695,000) 210,000

22

Total - Central Management 2,554,448 (1,200,480) 1,353,968

23

Workforce Development Services

24

General Revenues 704,517 0 704,517

25

Federal Funds 24,121,921 9,498,556 33,620,477

26

Restricted Receipts 12,028,451 5,611,549 17,640,000

27

Other Funds 9,711 4,217,500 4,227,211

28

Total - Workforce Development Services 36,864,600 19,327,605 56,192,205

29

Workforce Regulation and Safety

30

General Revenues 2,825,411 (1,006,704) 1,818,707

31

Income Support

32

General Revenues 4,160,083 (168,070) 3,992,013

33

Federal Funds 14,329,659 743,149 15,072,808

34

Restricted Receipts 2,475,000 491,542 2,966,542

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 7 of 35)

1

Other Funds

2

Temporary Disability Insurance Fund 186,953,678 5,794,454 192,748,132

3

Employment Security Fund 160,400,000 (1,480,000) 158,920,000

4

Other Funds 0 100,450 100,450

5

Total - Income Support 368,318,420 5,481,525 373,799,945

6

Injured Workers Services

7

Restricted Receipts 8,552,358 28,039 8,580,397

8

Labor Relations Board

9

General Revenues 402,491 2,058 404,549

10

Grand Total - Labor and Training 419,517,728 22,632,043 442,149,771

11

Department of Revenue

12

Director of Revenue

13

General Revenues 1,147,047 75,801 1,222,848

14

Office of Revenue Analysis

15

General Revenues 806,836 908 807,744

16

Lottery Division

17

Lottery Funds 362,367,224 7,723,824 370,091,048

18

Rhode Island Capital Plan Funds

19

Lottery Building Renovations 0 119,112 119,112

20

Total – Lottery Division 362,367,224 7,842,936 370,210,160

21

Municipal Finance

22

General Revenues 3,053,887 (11,588) 3,042,299

23

     Provided that $600,000 of the total is to support the operations of the City of Central Falls.

24

Taxation

25

General Revenues 20,294,329 80,003 20,374,332

26

Federal Funds 1,343,291 1,201,384 2,544,675

27

Restricted Receipts 930,267 86,330 1,016,597

28

Other Funds

29

Motor Fuel Tax Evasion 176,148 0 176,148

30

Temporary Disability Insurance 987,863 91,707 1,079,570

31

Total – Taxation 23,731,898 1,459,424 25,191,322

32

Registry of Motor Vehicles

33

General Revenues 20,518,390 (198,802) 20,319,588

34

License Plate Issuance 3,150,000 (3,150,000) 0

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 8 of 35)

1

     All unexpended or unencumbered balances as of June 30, 2017 relating to license plate

2

reissuance are hereby re-appropriated to fiscal year 2018.

3

Federal Funds 802,076 1,028,462 1,830,538

4

Restricted Receipts 4,094,763 (1,000,000) 3,094,763

5

Total - Registry of Motor Vehicles 28,565,229 (3,320,340) 25,244,889

6

State Aid

7

General Revenues

8

Distressed Communities Relief Fund 12,384,458 0 12,384,458

9

Payment in Lieu of Tax Exempt Properties 41,979,103 0 41,979,103

10

Motor Vehicle Excise Tax Payments 10,000,000 0 10,000,000

11

Property Revaluation Program 559,901 0 559,901

12

Municipal Aid 0 137,340 137,340

13

Restricted Receipts 922,013 0 922,013

14

Total – State Aid 65,845,475 137,340 65,982,815

15

Grand Total – Revenue 485,517,596 6,184,481 491,702,077

16

Legislature

17

General Revenues 41,052,730 4,883,560 45,936,290

18

Restricted Receipts 1,696,572 (85,048) 1,611,524

19

Grand Total – Legislature 42,749,302 4,798,512 47,547,814

20

Lieutenant Governor

21

General Revenues 1,079,576 (26,288) 1,053,288

22

Secretary of State

23

Administration

24

General Revenues 3,539,219 (236,881) 3,302,338

25

Corporations

26

General Revenues 2,192,627 (73,851) 2,118,776

27

State Archives

28

General Revenues 133,721 (46,571) 87,150

29

Restricted Receipts 516,519 (101,246) 415,273

30

Other Funds

31

Rhode Island Capital Plan Funds

32

State Archives 100,000 50,000 150,000

33

Total - State Archives 750,240 (97,817) 652,423

34

Elections & Civics

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 9 of 35)

1

General Revenues 3,377,103 (119,347) 3,257,756

2

Federal Funds 0 22,859 22,859

3

Total – Elections & Civics 3,377,103 (96,488) 3,280,615

4

State Library

5

General Revenues 554,149 76,002 630,151

6

     Provided that $125,000 be allocated to support the Rhode Island Historical Society

7

pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the

8

Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.

9

Office of Public Information

10

General Revenues 484,232 40,471 524,703

11

Restricted Receipts 40,000 (15,000) 25,000

12

Total – Office of Public Information 524,232 25,471 549,703

13

Grand Total – Secretary of State 10,937,570 (403,564) 10,534,006

14

General Treasurer

15

Treasury

16

General Revenues 2,507,779 (12,304) 2,495,475

17

Federal Funds 328,594 (40,248) 288,346

18

Other Funds

19

Temporary Disability Insurance Fund 250,410 (25,872) 224,538

20

Tuition Savings Program - Admin 300,000 124,270 424,270

21

Total – General Treasurer 3,386,783 45,846 3,432,629

22

State Retirement System

23

Restricted Receipts

24

Admin Expenses - State Retirement

25

System 8,228,881 1,646,621 9,875,502

26

Retirement - Treasury Investment Operations 1,544,396 (230,449) 1,313,947

27

Defined Contribution – Administration 68,373 24,105 92,478

28

Total - State Retirement System 9,841,650 1,440,277 11,281,927

29

Unclaimed Property

30

Restricted Receipts 22,348,728 4,177,907 26,526,635

31

Crime Victim Compensation Program

32

General Revenues 228,452 9,117 237,569

33

Federal Funds 624,287 193,175 817,462

34

Restricted Receipts 1,130,533 2,824 1,133,357

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 10 of 35)

1

Total - Crime Victim Compensation Program 1,983,272 205,116 2,188,388

2

Grand Total – General Treasurer 37,560,433 5,869,146 43,429,579

3

Board of Elections

4

General Revenues 1,982,707 85,969 2,068,676

5

Rhode Island Ethics Commission

6

General Revenues 1,653,383 (21,773) 1,631,610

7

Office of Governor

8

General Revenues 4,841,069 (7,587) 4,833,482

9

Contingency Fund 250,000 (8,000) 242,000

10

Grand Total – Office of Governor 5,091,069 (15,587) 5,075,482

11

Commission for Human Rights

12

General Revenues 1,258,128 (10,525) 1,247,603

13

Federal Funds 323,295 75,110 398,405

14

Grand Total - Commission for Human Rights 1,581,423 64,585 1,646,008

15

Public Utilities Commission

16

Federal Funds 104,669 23,331 128,000

17

Restricted Receipts 8,822,304 100,487 8,922,791

18

Grand Total - Public Utilities Commission 8,926,973 123,818 9,050,791

19

Office of Health and Human Services

20

Central Management

21

General Revenues 32,544,387 (3,877,981) 28,666,406

22

Federal Funds

23

Federal Funds 109,882,888 37,250 109,920,138

24

Federal Funds – Stimulus 100,085 (100,085) 0

25

Restricted Receipts 3,914,402 2,285,690 6,200,092

26

Total – Central Management 146,441,762 (1,655,126) 144,786,636

27

Medical Assistance

28

General Revenues

29

Managed Care 294,797,721 11,785,938 306,583,659

30

Hospitals 94,223,146 1,329,512 95,552,658

31

Nursing Facilities 87,653,283 5,939,367 93,592,650

32

Home and Community Based Services 33,104,210 (6,328,360) 26,775,850

33

Other Services 45,710,484 6,659,421 52,369,905

34

Pharmacy 57,379,065 1,261,643 58,640,708

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 11 of 35)

1

Rhody Health 291,574,716 (3,782,600) 287,792,116

2

Federal Funds

3

Managed Care 353,210,935 17,955,406 371,166,341

4

Hospitals 107,062,817 (8,066,559) 98,996,258

5

Nursing Facilities 97,557,413 (650,063) 96,907,350

6

Home and Community Based Services 34,286,903 (6,562,753) 27,724,150

7

Other Services 429,645,177 80,069,918 509,715,095

8

Pharmacy (1,111,840) 61,125 (1,050,715)

9

Rhody Health 298,041,793 (1,633,909) 296,407,884

10

Other Programs Special Education 19,000,000 7,300,000 26,300,000

11

Restricted Receipts 9,615,000 0 9,615,000

12

Total - Medical Assistance 2,251,750,823 105,338,086 2,357,088,909

13

Grand Total – Office of Health

14

and Human Services 2,398,192,585 103,682,960 2,501,875,545

15

Children, Youth, and Families

16

Central Management

17

General Revenues 7,074,378 (561,738) 6,512,640

18

Federal Funds 2,808,145 (273,097) 2,535,048

19

Total - Central Management 9,882,523 (834,835) 9,047,688

20

Children's Behavioral Health Services

21

General Revenues 5,004,800 192,692 5,197,492

22

Federal Funds 4,828,525 2,091,512 6,920,037

23

Other Funds

24

Rhode Island Capital Plan Funds

25

NAFI Center 0 40,857 40,857

26

Various Repairs and Improvements to Training

27

School 250,000 (207,184) 42,816

28

Total - Children's Behavioral Health Services 10,083,325 2,117,877 12,201,202

29

Juvenile Correctional Services

30

General Revenues 24,927,098 (2,357,670) 22,569,428

31

Federal Funds 281,367 (1,977) 279,390

32

Restricted Receipts 0 38,700 38,700

33

Other Funds

34

Rhode Island Capital Plan Funds

35

Generators-RITS 0 50,000 50,000

36

Total - Juvenile Correctional Services 25,208,465 (2,270,947) 22,937,518

37

Child Welfare

38

General Revenues 114,567,488 (10,396,823) 104,170,665

39

18 to 21 Year Olds 0 17,646,106 17,646,106

40

Federal Funds

41

Federal Funds 52,104,852 (8,333,392) 43,771,460

42

18 to 21 Year Olds 0 3,295,085 3,295,085

43

Federal Funds – Stimulus 386,594 (386,594) 0

44

Restricted Receipts 3,466,576 (280,503) 3,186,073

45

Other Funds

46

Rhode Island Capital Plan Funds

47

Youth Group Homes - Fire Code Upgrades 590,000 (590,000) 0

48

Total - Child Welfare 171,115,510 953,879 172,069,389

49

Higher Education Incentive Grants

50

General Revenues 200,000 0 200,000

51

Grand Total - Children, Youth, & Families 216,489,823 (34,026) 216,455,797

52

Health

53

Central Management

54

General Revenues 0 100,000 100,000

55

Federal Funds 808,064 (40,501) 767,563

56

Restricted Receipts 4,043,053 233,523 4,276,576

57

Total - Central Management 4,851,117 293,022 5,144,139

58

Community Health and Equity

59

General Revenues 1,530,102 3,315 1,533,417

60

Federal Funds 74,019,207 (1,955,235) 72,063,972

61

Restricted Receipts 30,434,862 4,052,650 34,487,512

62

Total – Community Health and Equity 105,984,171 2,100,730 108,084,901

63

Environmental Health

64

General Revenues 5,169,143 (135,761) 5,033,382

65

Federal Funds 6,148,955 1,263,125 7,412,080

66

Restricted Receipts 386,415 (216,308) 170,107

67

Total - Environmental Health 11,704,513 911,056 12,615,569

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 13 of 35)

1

Health Laboratories and Medical Examiner

2

General Revenues 10,028,498 (34,550) 9,993,948

3

Federal Funds 2,129,140 18,869 2,148,009

4

Total - Health Laboratories &

5

Medical Examiner 12,157,638 (15,681) 12,141,957

6

Customer Services

7

General Revenues 6,363,621 (52,808) 6,310,813

8

Federal Funds 3,491,908 772,327 4,264,235

9

Restricted Receipts 1,142,254 125,479 1,267,733

10

Total – Customer Services 10,997,783 844,998 11,842,781

11

Policy, Information and Communications

12

General Revenues 937,935 (279,707) 658,228

13

Federal Funds 1,629,319 417,348 2,046,667

14

Restricted Receipts 581,225 61,242 642,467

15

Total – Policy, Information and

16

Communications 3,148,479 198,883 3,347,362

17

Preparedness, Response, Infectious Disease & Emergency Services

18

General Revenues 1,902,523 (33,076) 1,869,447

19

Federal Funds 12,138,428 2,747,331 14,885,759

20

Total – Preparedness, Response, Infectious

21

Disease & Emergency Services 14,040,951 2,714,255 16,755,206

22

Grand Total – Health 162,884,652 7,047,263 169,931,915

23

Human Services

24

Central Management

25

General Revenues 4,332,023 (1,012,389) 3,319,634

26

     Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide

27

direct services through the Coalition Against Domestic Violence, $250,000 is to support Project

28

Reach activities provided by the RI Alliance of Boys and Girls Club, $217,000 is for outreach and

29

supportive services through Day One, $175,000 is for food collection and distribution through the

30

Rhode Island Community Food Bank, $300,000 for services provided to the homeless at Crossroads

31

Rhode Island and $200,000 is to support the Institute for the Study and Practice of Nonviolence’s

32

Violence Reduction Strategy.

33

Community Action Fund 520,000 0 520,000

34

     This amount shall be used to provide services to individuals and families through the nine

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 14 of 35)

1

community action agencies.

2

Federal Funds 4,155,192 (216,316) 3,938,876

3

Restricted Receipts 520,844 468,207 989,051

4

Total - Central Management 9,528,059 (760,498) 8,767,561

5

Child Support Enforcement

6

General Revenues 3,314,623 (845,961) 2,468,662

7

Federal Funds 6,207,167 778,764 6,985,931

8

Total – Child Support Enforcement 9,521,790 (67,197) 9,454,593

9

Individual and Family Support

10

General Revenues 18,876,650 3,249,548 22,126,198

11

Federal Funds 83,381,849 19,589,160 102,971,009

12

Federal Funds – Stimulus 1,625,839 2,234,952 3,860,791

13

Restricted Receipts 394,399 131,251 525,650

14

Other Funds

15

Intermodal Surface Transportation Fund 4,428,478 0 4,428,478

16

Food Stamp Bonus Funding 500,000 (89,466) 410,534

17

Rhode Island Capital Plan Funds

18

Blind Vending Facilities 165,000 0 165,000

19

Total - Individual and Family Support 109,372,215 25,115,445 134,487,660

20

Office of Veterans' Affairs

21

General Revenues 20,504,694 (886,579) 19,618,115

22

Support services through Veterans’

23

Organizations 200,000 0 200,000

24

Federal Funds 19,268,534 38,818,310 58,086,844

25

Restricted Receipts 676,499 1,132,526 1,809,025

26

Total – Office of Veterans' Affairs 40,649,727 39,064,257 79,713,984

27

Health Care Eligibility

28

General Revenues 8,527,641 (1,832,835) 6,694,806

29

Federal Funds 10,650,014 (982,165) 9,667,849

30

Total - Health Care Eligibility 19,177,655 (2,815,000) 16,362,655

31

Supplemental Security Income Program

32

General Revenues 18,496,913 418,750 18,915,663

33

Rhode Island Works

34

General Revenues 14,747,241 (4,886,622) 9,860,619

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 15 of 35)

1

Federal Funds 78,203,704 4,344,690 82,548,394

2

Total – Rhode Island Works 92,950,945 (541,932) 92,409,013

3

State Funded Other Programs

4

General Revenues 1,582,800 (11,097) 1,571,703

5

     Of this appropriation, $210,000 $180,000 shall be used for hardship contingency payments.

6

Federal Funds 282,085,000 (24,569) 282,060,431

7

Total - State Funded Other Programs 283,667,800 (35,666) 283,632,134

8

Elderly Affairs

9

General Revenues 5,477,200 (53,536) 5,423,664

10

     Of this amount, $140,000 is to provide elder services, including respite, through the

11

Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term

12

Care in accordance with RIGL 42-66.7 and $85,000 for security for housing for the elderly in

13

accordance with RIGL 42-66.1-3.

14

Senior Center Support 400,000 0 400,000

15

Elderly Nutrition 580,000 0 580,000

16

Of this amount, $530,000 is for Meals on Wheels.

17

RIPAE 75,229 (75,229) 0

18

Care and Safety of the Elderly 1,300 0 1,300

19

Federal Funds 12,067,597 646,413 12,714,010

20

Restricted Receipts - RIPAE 120,693 370 121,063

21

Total – Elderly Affairs 18,722,019 518,018 19,240,037

22

Grand Total - Human Services 602,087,123 60,896,177 662,983,300

23

Behavioral Healthcare, Developmental Disabilities, and Hospitals

24

Central Management

25

General Revenues 1,097,743 545,280 1,643,023

26

Federal Funds 597,685 (597,685) 0

27

Total - Central Management 1,695,428 (52,405) 1,643,023

28

Hospital and Community System Support

29

General Revenues 1,474,964 575,071 2,050,035

30

Federal Funds 789,226 (789,226) 0

31

Other Funds

32

Rhode Island Capital Plan Funds

33

Medical Center Rehabilitation 250,000 2,204 252,204

34

Community Facilities Fire Code 400,000 (357,800) 42,200

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 16 of 35)

1

Total - Hospital & Community System Support 2,914,190 (569,751) 2,344,439

2

Services for the Developmentally Disabled

3

General Revenues 119,651,536 2,159,931 121,811,467

4

     Of this general revenue funding, $4.5 million shall be expended on private provider direct

5

support staff raises and associated payroll costs to include targeted increases associated with

6

performance-based contracting and system transformation incentives as authorized by the

7

Department of Behavioral Healthcare, Developmental Disabilities and Hospitals. Any increases

8

for direct support staff in residential or other community based settings must first receive the

9

approval of the Office of Management and Budget and the Executive Office of Health and Human

10

Services. Final approval of any funding re-design for services through the Division of

11

Developmental Disabilities is also subject to approval of the Executive Office and the Office of

12

Management and Budget.

13

Federal Funds 124,135,783 1,123,253 125,259,036

14

Restricted Receipts 1,755,100 117,460 1,872,560

15

Other Funds

16

Rhode Island Capital Plan Funds

17

DD Private Waiver 200,000 9,544 209,544

18

MR Community Facilities/Access to Ind. 500,000 0 500,000

19

Regional Center Repair/Rehab 0 474,363 474,363

20

Total - Services for the Developmentally

21

Disabled 246,242,419 3,884,551 250,126,970

22

Behavioral Healthcare Services

23

General Revenues 2,015,777 202,627 2,218,404

24

Federal Funds 17,235,690 3,976,945 21,212,635

25

     Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse

26

Task Forces and $128,000 shall be expended on NAMI of RI.

27

Restricted Receipts 100,000 0 100,000

28

Other Funds

29

Rhode Island Capital Plan Funds

30

MH Community Facilities Repair 200,000 0 200,000

31

MH Housing Development Thresholds 800,000 0 800,000

32

Substance Abuse Asset Protection 100,000 62,223 162,223

33

Total – Behavioral Healthcare Services 20,451,467 4,241,795 24,693,262

34

Hospital and Community Rehabilitative Services

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 17 of 35)

1

General Revenues 48,944,219 1,250,759 50,194,978

2

Federal Funds 50,280,372 2,299,930 52,580,302

3

Restricted Receipts 6,580,724 (44,129) 6,536,595

4

Other Funds

5

Rhode Island Capital Plan Funds

6

Zambarano Buildings and Utilities 386,000 (186,000) 200,000

7

Hospital Consolidation 1,000,000 (1,000,000) 0

8

Eleanor Slater HVAC/Elevators 5,837,736 (315,706) 5,522,030

9

MR Community Facilities 1,000,000 59,429 1,059,429

10

Hospital Equipment 300,000 (50,000) 250,000

11

Total - Hospital and Community Rehabilitative

12

Services 114,329,051 2,014,283 116,343,334

13

Grand Total – Behavioral Healthcare,

14

Developmental Disabilities, and

15

Hospitals 385,632,555 9,518,473 395,151,028

16

Office of the Child Advocate

17

General Revenues 650,582 (105,041) 545,541

18

Federal Funds 145,000 (386) 144,614

19

Grand Total – Office of the Child Advocate 795,582 (105,427) 690,155

20

Commission on the Deaf and Hard of Hearing

21

General Revenues 477,746 (42,096) 435,650

22

Restricted Receipts 110,000 20,000 130,000

23

Grand Total – Com on Deaf and Hard

24

of Hearing 587,746 (22,096) 565,650

25

Governor's Commission on Disabilities

26

General Revenues 412,547 8,049 420,596

27

Federal Funds 228,750 69,314 298,064

28

Restricted Receipts 44,126 15,234 59,360

29

Grand Total - Governor's Commission on

30

Disabilities 685,423 92,597 778,020

31

Office of the Mental Health Advocate

32

General Revenues 542,009 7,264 549,273

33

Elementary and Secondary Education

34

Administration of the Comprehensive Education Strategy

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 18 of 35)

1

General Revenues 20,555,594 (349,851) 20,205,743

2

     Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s

3

Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $245,000 be allocated to

4

support child opportunity zones through agreements with the department of elementary and

5

secondary education to strengthen education, health and social services for students and their

6

families as a strategy to accelerate student achievement.

7

Federal Funds

8

Federal Funds 202,791,134 (918,097) 201,873,037

9

Federal Funds – Stimulus 1,804,987 2,188,102 3,993,089

10

Restricted Receipts 1,264,259 165,727 1,429,986

11

HRIC Adult Education Grants 3,500,000 0 3,500,000

12

Other Funds

13

Rhode Island Capital Plan Funds

14

State-Owned Warwick 350,000 0 350,000

15

State-Owned Woonsocket 1,950,000 0 1,950,000

16

Total – Administration of the Comprehensive

17

Education Strategy 232,215,974 1,085,881 233,301,855

18

Davies Career and Technical School

19

General Revenues 12,590,093 0 12,590,093

20

Federal Funds 1,379,112 75,891 1,455,003

21

Restricted Receipts 3,936,872 (4,200) 3,932,672

22

Other Funds

23

Rhode Island Capital Plan Funds

24

Davies HVAC 500,000 (476,192) 23,808

25

Davies Asset Protection 150,000 327,911 477,911

26

Total - Davies Career & Technical School 18,556,077 (76,590) 18,479,487

27

RI School for the Deaf

28

General Revenues 6,326,744 (137,533) 6,189,211

29

Federal Funds 254,320 0 254,320

30

Restricted Receipts 785,791 (8,000) 777,791

31

Other Funds

32

RI School for the Deaf Transformation Grants 59,000 0 59,000

33

Total - RI School for the Deaf 7,425,855 (145,533) 7,280,322

34

Metropolitan Career and Technical School

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 19 of 35)

1

General Revenues 9,342,007 0 9,342,007

2

Other Funds

3

Rhode Island Capital Plan Funds

4

MET Asset Protection 100,000 100,000 200,000

5

MET School HVAC 1,000,000 (41,004) 958,996

6

Total – Metropolitan Career and

7

Technical School 10,442,007 58,996 10,501,003

8

Education Aid

9

General Revenues 845,855,695 (256,966) 845,598,729

10

Restricted Receipts 20,700,072 155,254 20,855,326

11

Other Funds

12

Permanent School Fund Education Aid 600,000 (100,000) 500,000

13

Total – Education Aid 867,155,767 (201,712) 866,954,055

14

Central Falls School District

15

General Revenues 39,100,578 0 39,100,578

16

School Construction Aid

17

General Revenues

18

School Housing Aid 70,907,110 (2,015,552) 68,891,558

19

School Building Authority Capital Fund 9,092,890 2,015,552 11,108,442

20

Total – School Construction Aid 80,000,000 0 80,000,000

21

Teachers' Retirement

22

General Revenues 99,076,582 1,145,659 100,222,241

23

Grand Total - Elementary and Secondary

24

Education 1,353,972,840 1,866,701 1,355,839,541

25

Public Higher Education

26

Office of Postsecondary Commissioner

27

General Revenues 6,298,407 (130,522) 6,167,885

28

     Provided that $355,000 shall be allocated to Rhode Island Children’s College Crusade

29

pursuant to Rhode Island General Law, Section 16-70-5 and that $30,000 shall be allocated to Best

30

Buddies Rhode Island to support its programs for children with developmental and intellectual

31

disabilities.

32

     Appropriations to the Office of Postsecondary Commissioner of seven hundred and fifty

33

thousand ($750,000) are to be used for the Westerly Higher Education and Industry Center. Funds

34

shall only be spent to secure a long-term lease of the facility.

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 20 of 35)

1

Federal Funds

2

Federal Funds 9,445,218 521,753 9,966,971

3

WaytogoRI Portal 863,629 48,754 912,383

4

Guaranty Agency Operating Fund -

5

Scholarships and Grants 4,000,000 0 4,000,000

6

Restricted Receipts 361,925 494,848 856,773

7

Other Funds

8

Tuition Savings Program – Dual Enrollment 1,300,000 0 1,300,000

9

Tuitions Savings Program – Scholarships/Grants 6,095,000 0 6,095,000

10

Nursing Education Center - Operating 0 1,106,666 1,106,666

11

Rhode Island Capital Plan Funds

12

Westerly Campus 2,000,000 0 2,000,000

13

Total – Office of the Postsecondary

14

Commissioner 30,364,179 2,041,499 32,405,678

15

University of Rhode Island

16

General Revenues

17

General Revenues 75,616,226 0 75,616,226

18

     Provided that in order to leverage federal funding and support economic development,

19

$250,000 shall be allocated to the Small Business Development Center and $250,000 shall be

20

allocated to the Polaris Manufacturing Extension Program, and that $50,000 shall be allocated to

21

Special Olympics Rhode Island to support its mission of providing athletic opportunities for

22

individuals with intellectual and developmental disabilities.

23

     The University shall not decrease internal student financial aid in the 2016 – 2017 academic

24

year below the level of the 2015 – 2016 academic year. The President of the institution shall report,

25

prior to the commencement of the 2016-2017 academic year, to the chair of the Council of

26

Postsecondary Education that such tuition charges and student aid levels have been achieved at the

27

start of the FY 2017 as prescribed above.

28

Debt Service 13,182,679 2,303,038 15,485,717

29

RI State Forensics Lab 1,071,393 0 1,071,393

30

Other Funds

31

University and College Funds 649,629,440 (18,701,995) 630,927,445

32

Debt – Dining Services 1,106,597 0 1,106,597

33

Debt – Education and General 3,786,661 (189,456) 3,597,205

34

Debt – Health Services 146,167 0 146,167

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 21 of 35)

1

Debt – Housing Loan Funds 11,751,883 (1,147,285) 10,604,598

2

Debt – Memorial Union 319,976 0 319,976

3

Debt – Ryan Center 2,789,719 0 2,789,719

4

Debt – Alton Jones Services 102,946 0 102,946

5

Debt - Parking Authority 1,042,907 0 1,042,907

6

Debt – Sponsored Research 85,105 (192) 84,913

7

Debt – Restricted Energy Conservation 810,170 (205,088) 605,082

8

Debt – URI Energy Conservation 2,021,187 (51,187) 1,970,000

9

Rhode Island Capital Asset Plan Funds

10

Asset Protection 13,556,000 0 13,556,000

11

URI Shepard Building Upgrades 95,000 (95,000) 0

12

URI/RIC Nursing Education Center 200,000 101,859 301,859

13

White Hall Renovations 0 419,130 419,130

14

URI Electrical Substation 0 1,382,650 1,382,650

15

URI Biotech Center 0 156,439 156,439

16

URI Fire Safety 0 2,552,968 2,552,968

17

Total – University of Rhode Island 777,314,056 (13,474,119) 763,839,937

18

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

19

unencumbered balances as of June 30, 2016 2017 relating to the University of Rhode Island are

20

hereby reappropriated to fiscal year 2017 2018.

21

Rhode Island College

22

General Revenues

23

General Revenues 46,996,330 0 46,996,330

24

     Rhode Island College shall not decrease internal student financial aid in the 2016 – 2017

25

academic year below the level of the 2015 – 2016 academic year. The President of the institution

26

shall report, prior to the commencement of the 2016 – 2017 academic year, to the chair of the

27

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

28

achieved at the start of FY 2017 as prescribed above.

29

Debt Service 2,565,254 (55,863) 2,509,391

30

Other Funds

31

University and College Funds 125,192,812 (4,999,717) 120,193,095

32

Debt – Education and General 880,568 256,275 1,136,843

33

Debt – Housing 368,195 1 368,196

34

Debt – Student Center and Dining 154,068 0 154,068

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 22 of 35)

1

Debt – Student Union 235,656 0 235,656

2

Debt – G.O. Debt Service 1,644,459 (3,000) 1,641,459

3

Debt – Energy Conservation 256,275 0 256,275

4

Rhode Island Capital Plan Funds

5

Asset Protection 5,357,700 482,417 5,840,117

6

Infrastructure Modernization 3,000,000 (245,299) 2,754,701

7

Total – Rhode Island College 186,651,317 (4,565,186) 182,086,131

8

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

9

unencumbered balances as of June 30, 2016 2017 relating to Rhode Island College are hereby

10

reappropriated to fiscal year 2017 2018.

11

Community College of Rhode Island

12

General Revenues

13

General Revenues 48,936,035 0 48,936,035

14

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

15

in the 2016 – 2017 academic year below the level of the 2015-2016 academic year. The President

16

of the institution shall report, prior to the commencement of the 2016 – 2017 academic year, to the

17

chair of the Council of Postsecondary Education that such tuition charges and student aid levels

18

have been achieved at the start of FY 2017 as prescribed above.

19

Debt Service 1,691,204 (47,755) 1,643,449

20

Restricted Receipts 660,795 0 660,795

21

Other Funds

22

University and College Funds 107,824,292 (11,234,777) 96,589,515

23

CCRI Debt Service – Energy Conservation 807,225 0 807,225

24

Rhode Island Capital Plan Funds

25

Asset Protection 3,032,100 0 3,032,100

26

Knight Campus Renewal 4,000,000 1,223,902 5,223,902

27

Total – Community College of RI 166,951,651 (10,058,630) 156,893,021

28

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

29

unencumbered balances as of June 30, 2016 2017 relating to the Community College of Rhode

30

Island are hereby reappropriated to fiscal year 2017 2018.

31

Grand Total – Public Higher Education 1,161,281,203 (26,056,436) 1,135,224,767

32

RI State Council on the Arts

33

General Revenues

34

Operating Support 786,884 (45,516) 741,368

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 23 of 35)

1

Grants 1,165,000 0 1,165,000

2

     Provided that $375,000 be provided to support the operational costs of WaterFire

3

Providence art installations.

4

Federal Funds 775,454 11,274 786,728

5

Restricted Receipts 0 25,000 25,000

6

Other Funds 303,200 677,500 980,700

7

Grand Total - RI State Council on the Arts 3,030,538 668,258 3,698,796

8

RI Atomic Energy Commission

9

General Revenues 981,100 (1,418) 979,682

10

Federal Funds 32,422 196,441 228,863

11

Other Funds

12

URI Sponsored Research 269,527 1,072 270,599

13

Rhode Island Capital Plan Funds

14

RINSC Asset Protection 50,000 9,895 59,895

15

Grand Total - RI Atomic Energy

16

Commission 1,333,049 205,990 1,539,039

17

RI Historical Preservation and Heritage Commission

18

General Revenues 1,202,559 (40,558) 1,162,001

19

     Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration

20

activities.

21

Federal Funds 1,093,966 453,062 1,547,028

22

Restricted Receipts 427,175 2,025 429,200

23

Other Funds

24

RIDOT – Project Review 79,998 (144) 79,854

25

Grand Total – RI Historical Preservation

26

and Heritage Commission 2,803,698 414,385 3,218,083

27

Attorney General

28

Criminal

29

General Revenues 15,675,925 64,619 15,740,544

30

Federal Funds 1,692,545 17,062,752 18,755,297

31

Restricted Receipts 6,637,954 (6,480,312) 157,642

32

Total – Criminal 24,006,424 10,647,059 34,653,483

33

Civil

34

General Revenues 5,135,543 398,036 5,533,579

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 24 of 35)

1

Restricted Receipts 916,302 (313,433) 602,869

2

Total – Civil 6,051,845 84,603 6,136,448

3

Bureau of Criminal Identification

4

General Revenues 1,758,215 (177,526) 1,580,689

5

General

6

General Revenues 3,026,299 1,039 3,027,338

7

Other Funds

8

Rhode Island Capital Plan Funds

9

Building Renovations and Repairs 300,000 (132,470) 167,530

10

Total – General 3,326,299 (131,431) 3,194,868

11

Grand Total - Attorney General 35,142,783 10,422,705 45,565,488

12

Corrections

13

Central Management

14

General Revenues 10,179,627 (81,130) 10,098,497

15

Federal Funds 0 59,219 59,219

16

Total – Central Management 10,179,627 (21,911) 10,157,716

17

Parole Board

18

General Revenues 1,338,481 82,301 1,420,782

19

Federal Funds 14,006 96,978 110,984

20

Total – Parole Board 1,352,487 179,279 1,531,766

21

Custody and Security

22

General Revenues 133,857,240 2,409,629 136,266,869

23

Federal Funds 571,759 338,831 910,590

24

Total – Custody and Security 134,428,999 2,748,460 137,177,459

25

Institutional Support

26

General Revenues 15,822,911 (1,393,133) 14,429,778

27

Other Funds

28

Rhode Island Capital Plan Funds

29

Asset Protection 3,750,000 (462,031) 3,287,969

30

Maximum – General Renovations 1,300,000 (475,747) 824,253

31

New Gloria McDonald 150,000 (148,867) 1,133

32

Dix Building Renovations 750,000 (438,934) 311,066

33

ISC Exterior Envelope and HVAC 1,700,000 (1,700,000) 0

34

Medium Infrastructure 4,000,000 (3,565,000) 435,000

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 25 of 35)

1

Correctional Facilities Study 250,000 0 250,000

2

Total - Institutional Support 27,722,911 (8,183,712) 19,539,199

3

Institutional Based Rehab/Population Management

4

General Revenues 11,599,533 114,039 11,713,572

5

Federal Funds 527,398 216,485 743,883

6

Restricted Receipts 44,023 0 44,023

7

Total – Institutional Based Rehab/Pop/Mgt. 12,170,954 330,524 12,501,478

8

Healthcare Services

9

General Revenues 21,909,573 755,829 22,665,402

10

Community Corrections

11

General Revenues 16,993,141 39,329 17,032,470

12

     Provided that $250,000 be allocated to Crossroads Rhode Island for sex offender discharge

13

planning.

14

Federal Funds 16,845 78,049 94,894

15

Restricted Receipts 16,118 1,195 17,313

16

Total – Community Corrections 17,026,104 118,573 17,144,677

17

Grand Total – Corrections 224,790,655 (4,072,958) 220,717,697

18

Judiciary

19

Supreme Court

20

General Revenues

21

General Revenues 27,510,065 922,853 28,432,918

22

     Provided however, that no more than $1,056,438 in combined total shall be offset to the

23

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

24

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

25

footage occupancy costs in public courthouses and further provided that $230,000 be allocated to

26

the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy

27

project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to

28

Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.

29

Defense of Indigents 3,784,406 18,760 3,803,166

30

Federal Funds 128,933 (6,590) 122,343

31

Restricted Receipts 3,076,384 1,625,945 4,702,329

32

Other Funds

33

Rhode Island Capital Plan Funds

34

Judicial HVAC 900,000 180,072 1,080,072

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 26 of 35)

1

Judicial Complexes Asset Protection 875,000 (6,386) 868,614

2

Licht Judicial Complex Restoration 750,000 0 750,000

3

Noel Shelled Courtroom Build Out 3,000,000 (1,244,930) 1,755,070

4

Total - Supreme Court 40,024,788 1,489,724 41,514,512

5

Judicial Tenure and Discipline

6

General Revenues 124,865 (376) 124,489

7

Superior Court

8

General Revenues 22,807,060 85,630 22,892,690

9

Federal Funds 51,290 48,968 100,258

10

Restricted Receipts 371,741 (1,188) 370,553

11

Total - Superior Court 23,230,091 133,410 23,363,501

12

Family Court

13

General Revenues 21,495,610 (1,052,179) 20,443,431

14

Federal Funds 2,770,714 502,407 3,273,121

15

Total - Family Court 24,266,324 (549,772) 23,716,552

16

District Court

17

General Revenues 11,865,905 561,999 12,427,904

18

Federal Funds 303,154 149,453 452,607

19

Restricted Receipts 138,045 (71,686) 66,359

20

Total - District Court 12,307,104 639,766 12,946,870

21

Traffic Tribunal

22

General Revenues 9,018,180 (75,188) 8,942,992

23

Workers' Compensation Court

24

Restricted Receipts 8,096,017 (84,731) 8,011,286

25

Grand Total – Judiciary 117,067,369 1,552,833 118,620,202

26

Military Staff

27

General Revenues 2,659,719 (83,378) 2,576,341

28

Federal Funds 17,497,797 (417,684) 17,080,113

29

Restricted Receipts

30

RI Military Family Relief Fund 300,000 (200,000) 100,000

31

Counter Drug Asset Forfeiture 37,300 (37,300) 0

32

Other Funds

33

Rhode Island Capital Plan Funds

34

Armory of Mounted Command Roof Replacement 357,500 (224,775) 132,725

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 27 of 35)

1

Asset Protection 700,000 108,202 808,202

2

Benefit Street Arsenal Rehabilitation 0 37,564 37,564

3

Bristol Readiness Center 125,000 (125,000) 0

4

Joint Force Headquarters Building 1,500,000 (1,425,000) 75,000

5

Grand Total – Military Staff 23,177,316 (2,367,371) 20,809,945

6

Public Safety

7

Central Management

8

General Revenues 1,407,618 (285,197) 1,122,421

9

Federal Funds 5,398,633 2,845,956 8,244,589

10

Total – Central Management 6,806,251 2,560,759 9,367,010

11

E-911 Emergency Telephone System

12

General Revenues 5,699,440 (215,576) 5,483,864

13

State Fire Marshal

14

General Revenues 3,248,953 157,360 3,406,313

15

Federal Funds 425,169 (6,263) 418,906

16

Restricted Receipts 195,472 114,157 309,629

17

Other Funds

18

Quonset Development Corp 62,294 (8,781) 53,513

19

Rhode Island Capital Plan Funds

20

Fire Academy 1,215,000 1,629,189 2,844,189

21

Total - State Fire Marshal 5,146,888 1,885,662 7,032,550

22

Security Services

23

General Revenues 23,162,912 314,561 23,477,473

24

Municipal Police Training Academy

25

General Revenues 263,746 (965) 262,781

26

Federal Funds 222,395 115,945 338,340

27

Total - Municipal Police Training Academy 486,141 114,980 601,121

28

State Police

29

General Revenues 65,659,479 923,508 66,582,987

30

Federal Funds 3,246,194 19,929,465 23,175,659

31

Restricted Receipts 4,256,598 (4,094,052) 162,546

32

Other Funds

33

Lottery Commission Assistance 1,611,348 (501,155) 1,110,193

34

Airport Commission Assistance 212,221 (62,221) 150,000

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 28 of 35)

1

Road Construction Reimbursement 2,934,672 0 2,934,672

2

Weight & Measurement Reimbursement 0 440,000 440,000

3

Rhode Island Capital Plan Funds

4

DPS Asset Protection 250,000 410,479 660,479

5

Wickford Barracks Renovation 500,000 (500,000) 0

6

Lincoln Woods Barracks Renovations 0 511,345 511,345

7

State Police Barracks/Training Academy 0 191,244 191,244

8

Total - State Police 78,670,512 17,248,613 95,919,125

9

Grand Total – Public Safety 119,972,144 21,908,999 141,881,143

10

Emergency Management Agency

11

General Revenues 1,848,876 (1,028) 1,847,848

12

Federal Funds 20,094,466 (2,148,112) 17,946,354

13

Restricted Receipts 861,046 (412,934) 448,112

14

Other Funds

15

Rhode Island Capital Plan Funds

16

Emergency Management Building 189,750 0 189,750

17

Rhode Island State Communication Network 1,000,000 494,414 1,494,414

18

Grand Total – Emergency Management Agency 23,994,138 (2,067,660) 21,926,478

19

Office of Public Defender

20

General Revenues 11,784,382 (82,174) 11,702,208

21

Federal Funds 112,820 (15,000) 97,820

22

Grand Total - Office of Public Defender 11,897,202 (97,174) 11,800,028

23

Environmental Management

24

Office of the Director

25

General Revenues 5,165,334 351,172 5,516,506

26

     Provided that $200,000 be allocated to the Town of North Providence for its Eliot Avenue

27

flooding and drainage remediation project.

28

Restricted Receipts 3,901,548 191,256 4,092,804

29

Total – Office of the Director 9,066,882 542,428 9,609,310

30

Natural Resources

31

General Revenues 21,124,014 7,851 21,131,865

32

Federal Funds 20,047,496 2,691,502 22,738,998

33

Restricted Receipts 6,121,231 (2,063,948) 4,057,283

34

Other Funds

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 29 of 35)

1

DOT Recreational Projects 909,926 762,000 1,671,926

2

Blackstone Bikepath Design 2,059,579 0 2,059,579

3

Transportation MOU 78,350 0 78,350

4

Rhode Island Capital Plan Funds

5

Dam Repair 1,230,000 (975,805) 254,195

6

Fort Adams America’s Cup 1,400,000 69,851 1,469,851

7

Recreational Facilities Improvements 3,100,000 2,589,289 5,689,289

8

Galilee Piers Upgrade 250,000 61,611 311,611

9

Newport Piers 187,500 (50,000) 137,500

10

Fish & Wildlife Maintenance Facilities 150,000 (150,000) 0

11

Blackstone Valley Bike Path 300,000 93,348 393,348

12

Natural Resources Offices/Visitor’s Center 3,500,000 (3,487,741) 12,259

13

Marine Infrastructure/Pier Development 100,000 0 100,000

14

State Recreation Building Demolition 100,000 0 100,000

15

Fort Adams Rehabilitation 300,000 1,625 301,625

16

World War II Facility 0 128,715 128,715

17

Rocky Point Acquisitions/Renovations 0 116,992 116,992

18

Total - Natural Resources 60,958,096 (204,710) 60,753,386

19

Environmental Protection

20

General Revenues 13,917,429 (2,270,350) 11,647,079

21

Federal Funds 9,681,296 1,735,701 11,416,997

22

Restricted Receipts 8,959,177 91,032 9,050,209

23

Other Funds

24

Transportation MOU 164,734 0 164,734

25

Total - Environmental Protection 32,722,636 (443,617) 32,279,019

26

Grand Total - Environmental Management 102,747,614 (105,899) 102,641,715

27

Coastal Resources Management Council

28

General Revenues 2,452,438 17,458 2,469,896

29

Federal Funds 4,148,312 1,069,762 5,218,074

30

Restricted Receipts 250,000 0 250,000

31

Other Funds

32

Rhode Island Capital Plan Funds

33

South Coast Restoration Project 321,775 0 321,775

34

RI Coastal Storm Risk Study 150,000 (150,000) 0

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 30 of 35)

1

Grand Total - Coastal Resources Mgmt. Council 7,322,525 937,220 8,259,745

2

Transportation

3

Central Management

4

Federal Funds 6,610,622 2,091,989 8,702,611

5

Other Funds

6

Gasoline Tax 2,593,920 1,929,187 4,523,107

7

Total – Central Management 9,204,542 4,021,176 13,225,718

8

Management and Budget

9

Other Funds

10

Gasoline Tax 3,009,298 1,089,405 4,098,703

11

Infrastructure Engineering – GARVEE/Motor Fuel Tax Bonds

12

Federal Funds

13

Federal Funds 260,384,515 (12,655,581) 247,728,934

14

Federal Funds – Stimulus 5,414,843 11,116,418 16,531,261

15

Restricted Receipts 180,219 3,429,934 3,610,153

16

Other Funds

17

Gasoline Tax 72,131,457 3,633,644 75,765,101

18

Land Sale Revenue 2,500,000 41,771 2,541,771

19

Rhode Island Capital Plan Funds

20

RIPTA Land and Buildings 120,000 142,696 262,696

21

Highway Improvement Program 27,200,000 5,251,346 32,451,346

22

T.F. Green Airport Improvement 0 3,000,000 3,000,000

23

Total – Infrastructure Engineering

24

GARVEE/Motor Fuel Tax Bonds 367,931,034 13,960,228 381,891,262

25

Infrastructure Maintenance

26

Other Funds

27

Gasoline Tax 12,846,800 (4,429,206) 8,417,594

28

Non-Land Surplus Property 50,000 0 50,000

29

Outdoor Advertising 100,000 0 100,000

30

Rhode Island Highway Maintenance Account 79,792,727 30,409,402 110,202,129

31

Rhode Island Capital Plan Funds

32

Maintenance Facilities Improvements 400,000 0 400,000

33

Salt Storage Facilities 1,000,000 (538,066) 461,934

34

Portsmouth Facility 2,273,444 1,075,256 3,348,700

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 31 of 35)

1

Maintenance-Capital Equip. Replacement 1,500,000 0 1,500,000

2

Train Station Maintenance and Repairs 350,000 0 350,000

3

Total – Infrastructure Maintenance 98,312,971 26,517,386 124,830,357

4

Grand Total – Transportation 478,457,845 45,588,195 524,046,040

5

Statewide Totals

6

General Revenues 3,683,715,867 4,653,148 3,688,369,015

7

Federal Funds 2,957,075,656 227,565,479 3,184,641,135

8

Restricted Receipts 257,000,390 19,270,943 276,271,333

9

Other Funds 2,040,921,480 13,165,423 2,054,086,903

10

Statewide Grand Total 8,938,713,393 264,654,993 9,203,368,386

11

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

12

appropriation.

13

     SECTION 3. The general assembly authorizes the state controller to establish the internal

14

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

15

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

16

reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in

17

a businesslike manner, promote efficient use of services by making agencies pay the full costs

18

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

19

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

20

general government support. The controller is authorized to reimburse these accounts for the cost

21

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

22

expenditure limitations:

23

Account FY 2017 FY 2017 FY2017

24

Enacted Change Final

25

State Assessed Fringe Benefit Internal Service

26

Fund 41,699,269 (1,853,175) 39,846,094

27

Administration Central Utilities Internal Service

28

Fund 14,900,975 6,025,473 20,926,448

29

State Central Mail Internal Service Fund 6,190,285 636,305 6,826,590

30

State Telecommunications Internal Service Fund 3,017,521 167,632 3,185,153

31

State Automotive Fleet Internal Service Fund 12,543,165 (78,722) 12,464,443

32

Surplus Property Internal Service Fund 2,500 500 3,000

33

Health Insurance Internal Service Fund 251,723,462 53,362 251,776,824

34

State Fleet Revolving Loan Fund 0 2,173,414 2,173,414

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 32 of 35)

1

Other Post-Employment Benefits Fund 63,934,483 0 63,934,483

2

Capital Police Internal Service Fund 1,172,421 (44,402) 1,128,019

3

Corrections Central Distribution Center Internal

4

Service Fund 7,094,183 (46,657) 7,047,526

5

Correctional Industries Internal Service Fund 7,304,210 174,271 7,478,481

6

Secretary of State Record Center Internal Service Fund 907,177 (98,650) 808,527

7

     SECTION 4. Departments and agencies listed below may not exceed the number of full-

8

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

9

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

10

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

11

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

12

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

13

that the Governor or designee, Speaker of the House of Representatives or designee, and the

14

President of the Senate or designee may authorize an adjustment to any limitation. Prior to the

15

authorization, the State Budget Officer shall make a detailed written recommendation to the

16

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

17

and authorization to adjust shall be transmitted to the chairman of the House Finance Committee,

18

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

19

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

20

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

21

general revenue funding source.

22

FY 2017 FTE POSITION AUTHORIZATION

23

Departments and Agencies Full-Time Equivalent

24

Administration 708.7

25

Business Regulation 97.0 100.0

26

Executive Office of Commerce 16.0

27

Labor and Training 409.5 409.5

28

Revenue 523.5

29

Legislature 298.5

30

Office of the Lieutenant Governor 8.0

31

Office of the Secretary of State 59.0

32

Office of the General Treasurer 88.0 87.0

33

Board of Elections 12.0

34

Rhode Island Ethics Commission 12.0

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 33 of 35)

1

Office of the Governor 45.0

2

Commission for Human Rights 14.5

3

Public Utilities Commission 51.0

4

Office of Health and Human Services 179.0 178.0

5

Children, Youth, and Families 629.5 628.5

6

Health 503.6

7

Human Services 937.1

8

Behavioral Health, Developmental Disabilities, and Hospitals 1,352.4

9

Office of the Child Advocate 6.0 7.0

10

Commission on the Deaf and Hard of Hearing 4.0

11

Governor's Commission on Disabilities 4.0

12

Office of the Mental Health Advocate 4.0

13

Elementary and Secondary Education 139.1

14

School for the Deaf 60.0

15

Davies Career and Technical School 126.0

16

Office of the Postsecondary Commissioner 27.0

17

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

18

supported by third-party funds.

19

University of Rhode Island 2,489.5

20

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

21

supported by third-party funds.

22

Rhode Island College 926.2

23

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

24

supported by third-party funds.

25

Community College of Rhode Island 854.1

26

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

27

supported by third-party funds.

28

Rhode Island State Council on the Arts 8.6

29

RI Atomic Energy Commission 8.6

30

Historical Preservation and Heritage Commission 16.6 15.6

31

Office of the Attorney General 235.1

32

Corrections 1,423.0

33

Judicial 723.3

34

Military Staff 92.0

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 34 of 35)

1

Public Safety 610.2 615.6

2

Office of the Public Defender 93.0

3

Emergency Management Agency 29.0

4

Environmental Management Agency 399.0 400.0

5

Coastal Resources Management Council 29.0

6

Transportation 701.0 701.0

7

Total 14,952.6 14,959.0

8

     SECTION 5. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. –

9

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

10

appropriations shall be reappropriated in the ensuing fiscal year and made available for the same

11

purpose. However, any such reappropriations are subject to final approval by the General

12

Assembly as part of the supplemental appropriations act. Any unexpended funds of less than five

13

hundred dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.

14

     SECTION 6. This article shall take effect upon passage.

 

Art10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017
(Page 35 of 35)

 

 

=======

art.011/3/011/2

=======

1

     ARTICLE 11

2

RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS

3

     SECTION 1. Sections 44-5-2 and 44-5-22 of the General Laws in Chapter 44-5 entitled

4

"Levy and Assessment of Local Taxes" are hereby amended to read as follows:

5

     44-5-2. Maximum levy.

6

     (a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount

7

not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that

8

city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year

9

thereafter, the amount levied by a city or town is deemed to be consistent with the five and one-

10

half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one-

11

half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as

12

applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%)

13

except as specified in subsection (c) of this section. In all years when a revaluation or update is not

14

being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or

15

less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged

16

for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the

17

prior year's tax on the same parcel of real property. In any year through and including fiscal year

18

2007 when a revaluation or update is being implemented, the tax rate is deemed to be one hundred

19

five and one-half percent (105.5%) of the prior year's tax rate as certified by the division of property

20

valuation and municipal finance in the department of revenue.

21

     (b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five

22

and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or

23

town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not

24

more than five percent (5%) in excess of the total amount levied and certified by that city or town

25

for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more

26

than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by

27

that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an

28

amount not more than four and one-half percent (4.5%) in excess of the total amount levied and

29

certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy

30

a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount

 

1

levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each

2

fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%)

3

in excess of the total amount levied and certified by that city or town for its previous fiscal year.

4

For purposes of this levy calculation, taxes levied pursuant to chapters 34 and 34.1 of this title shall

5

not be included. For FY 2018, in the event that a municipality, solely as a result of the exclusion of

6

the motor vehicle tax in the new levy calculation, exceeds the property tax cap when compared to

7

FY 2017 after taking into account that there was a motor vehicle tax in FY 2017, said municipality

8

shall be permitted to exceed the property tax cap for the FY 2018 transition year, but in no event

9

shall it exceed the four percent (%) levy cap growth with the car tax portion included.

10

     (c) The division of property valuation in the department of revenue shall monitor city and

11

town compliance with this levy cap, issue periodic reports to the general assembly on compliance,

12

and make recommendations on the continuation or modification of the levy cap on or before

13

December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief

14

elected official in each city and town shall provide to the division of property and municipal finance

15

within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other

16

pertinent information.

17

     (d) The amount levied by a city or town may exceed the percentage increase as specified

18

in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following

19

provisions:

20

     (1) The city or town forecasts or experiences a loss in total non-property tax revenues and

21

the loss is certified by the department of revenue.

22

     (2) The city or town experiences or anticipates an emergency situation, which causes or

23

will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this

24

section. In the event of an emergency or an anticipated emergency, the city or town shall notify the

25

auditor general who shall certify the existence or anticipated existence of the emergency. Without

26

limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or

27

town experiences or anticipates health insurance costs, retirement contributions or utility

28

expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions

29

or utility expenditures by a percentage greater than three (3) times the percentage increase as

30

specified in subsection (a) or (b) of this section.

31

     (3) A city or town forecasts or experiences debt services expenditures which exceed the

32

prior year's debt service expenditures by an amount greater than the percentage increase as specified

33

in subsection (a) or (b) of this section and which are the result of bonded debt issued in a manner

34

consistent with general law or a special act. In the event of the debt service increase, the city or

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 2 of 16)

1

town shall notify the department of revenue which shall certify the debt service increase above the

2

percentage increase as specified in subsection (a) or (b) of this section the prior year's debt service.

3

No action approving or disapproving exceeding a levy cap under the provisions of this section

4

affects the requirement to pay obligations as described in subsection (d) of this section.

5

     (4) The city or town experiences substantial growth in its tax base as the result of major

6

new construction which necessitates either significant infrastructure or school housing expenditures

7

by the city or town or a significant increase in the need for essential municipal services and such

8

increase in expenditures or demand for services is certified by the department of revenue.

9

     (e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase

10

specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least

11

four-fifths (4/5) of the full membership of the governing body of the city or town or in the case of

12

a city or town having a financial town meeting, the majority of the electors present and voting at

13

the town financial meeting shall also approve the excess levy.

14

     (f) Nothing contained in this section constrains the payment of present or future obligations

15

as prescribed by § 45-12-1, and all taxable property in each city or town is subject to taxation

16

without limitation as to rate or amount to pay general obligation bonds or notes of the city or town

17

except as otherwise specifically provided by law or charter.

18

     44-5-22. Certification of tax roll.

19

     The tax levy shall be applied to the assessment roll and the resulting tax roll certified by

20

the assessors to the city or town clerk, city or town treasurer, or tax collector, as the case may be,

21

and to the department of revenue division of municipal finance, not later than the next succeeding

22

August 15. For assessment date December 31, 2016, all certified tax rolls submitted to the city or

23

town clerk, city or town treasurer, or tax collector, as the case may be, and to the department of

24

revenue division of municipal finance shall be calculated in a manner that is consistent with any

25

2017 amendments to the motor vehicle excise tax laws not later than August 31, 2017. For

26

assessment date December 31, 2016, in the event that a city, town or fire district has certified tax

27

rolls to the city or town clerk, city or town treasurer, or tax collector, as the case may be, and to the

28

department of revenue division of municipal finance prior to the enactment of any amendment to

29

the motor vehicle excise tax laws in 2017, said city, town or fire district shall submit to the city or

30

town clerk, city or town treasurer or tax collector, as the case may be, and to the department of

31

revenue division of municipal finance an amended certified tax roll the calculation of which is

32

consistent with any amendments to the motor vehicle tax laws in 2017 not later than September 15,

33

2017. In no event shall motor vehicle tax bills be sent out prior to the submission of said amended

34

certification. In the case of a fire district, the tax levy shall be applied to the assessment roll and the

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 3 of 16)

1

resulting tax roll certified by such fire district's tax assessor, treasurer, or other appropriate fire

2

district official to the town clerk, town treasurer, tax assessor or tax collector, as the case may be,

3

and to the department of revenue, division of municipal finance, not later than thirty (30) business

4

days prior to its annual meeting.

5

     SECTION 2. Sections 44-34-2 and 44-34-11 of the General Laws in Chapter 44-34 entitled

6

"Excise on Motor Vehicles and Trailers" are hereby amended to read as follows:

7

     44-34-2. Assessment -- Valuation -- Proration -- Abatement and cancellation --

8

Exemptions from tax.

9

     (a) Except as provided in this section, the tax assessors of each city and town shall assess

10

and levy in each calendar year on every vehicle and trailer registered under chapter 3 of title 31,

11

for the privilege of the registration, an excise measured by its value, as subsequently defined and

12

determined. For the purpose of this excise, the uniform value of each vehicle shall be determined

13

in accordance with the regulations of the vehicle value commission. Any vehicle which is more

14

than twenty-five (25) fifteen (15) years old, whether or not the vehicle is an antique motor car as

15

defined in § 31-1-3(a), shall be deemed to possess an average retail value of five hundred dollars

16

($500). Any vehicle more than twenty-five (25) years old on June 16, 1987, whether or not the

17

vehicle is an antique motor car as defined in § 31-1-3(a), shall be deemed to have an average retail

18

value of five hundred dollars ($500) or its actual retail value whichever is less. The minimum excise

19

tax on any vehicle, if registered to the same owner for a full year or portion of the year, shall not

20

be less than five dollars ($5.00) unless the registration is transferred to one or more additional

21

vehicles or trailers, in which case the minimum or combined excise taxes shall not be less than five

22

dollars ($5.00). Beginning in fiscal year 2001, the assessor may, but is not required to, issue

23

minimum tax bills as authorized by this section or any general or public law. Beginning in fiscal

24

year 2002 and thereafter, the assessor shall not issue minimum tax bills, notwithstanding any

25

general or public law to the contrary. The assessor may waive the excise tax on any vehicle where

26

the annual levy would be less than five dollars ($5.00). The state shall not provide reimbursement

27

for any waiver.

28

     (b) Vehicle and trailer excises shall be prorated over the calendar year prior to the year in

29

which the excises are levied and billed, that year being referred to as the calendar year of proration.

30

     (c) The excise levy on every vehicle and trailer registered under chapter 3 of title 31 shall

31

be based on the ratio that the number of days the vehicle or trailer is registered is to the number of

32

days in the calendar year of proration.

33

     (d) If during the calendar year of proration, the owner of a vehicle or trailer subject to the

34

excise moves permanently with his or her vehicle to another state and cancels his or her registration

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 4 of 16)

1

in this state and returns the registration plates, the vehicle shall be exempt from excise for the

2

ensuing year.

3

     (e) "Year of manufacture" as used in this section means the year used by the manufacturer

4

of the vehicle or trailer in connection with the designation by the manufacturer of the model of the

5

vehicle or trailer. Where the presumptive price of a vehicle or trailer is not readily obtainable, or

6

special equipment is installed on the vehicle or trailer, the tax assessor shall prescribe the retail

7

price to be used or the manner in which the retail price shall be determined.

8

     (f) Nothing in this section shall be construed to prevent any city or town council from

9

granting an abatement, in whole or in part, when there is an error in the assessment of a tax, and

10

the tax assessors have certified to the fact, in writing, to the city or town council to cancel taxes

11

stating the nature of the error, the valuation of the vehicle or trailer, the amount of the assessed tax

12

and the name of the person to whom the vehicle or trailer was taxed.

13

     (g) The city or town council may cancel, in whole or in part, an excise tax assessed to a

14

person who has died leaving no estate, or a person who has moved from the state, and the tax

15

collector or person acting in the capacity of tax collector certifies to the city or town council the

16

facts of the case.

17

     (h) The excise imposed by this section shall not apply to vehicles or trailers owned by the

18

state of Rhode Island or any of its political subdivisions, or to vehicles or trailers owned by a

19

corporation, association or other organization whose tangible personal property is exempt under §

20

44-3-3(1) -- (15), or to vehicles assessed and taxed under § 44-13-13, or those owned by the United

21

States government. Farm vehicles shall be exempt to the extent prescribed in § 44-5-42.

22

     44-34-11. Rhode Island vehicle value commission.

23

     (a) There is hereby authorized, created, and established the "Rhode Island vehicle value

24

commission" whose function it is to establish presumptive values of vehicles and trailers subject to

25

the excise tax.

26

     (b) The commission shall consist of the following seven (7) members as follows:

27

     (1) The director of the department of revenue or his/her designee from the department of

28

revenue;

29

     (2) Five (5) local tax officials named by the governor, at least one of whom shall be from

30

a city or town under ten thousand (10,000) population and at least one of whom is from a city or

31

town over fifty thousand (50,000) population in making these appointments the governor shall give

32

due consideration to the recommendations submitted by the President of the Rhode Island League

33

of Cities and Towns and each appointment shall be subject to the advice and consent of the senate;

34

     (3) And one motor vehicle dealer appointed by the governor upon giving due consideration

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 5 of 16)

1

to the recommendation of the director of revenue and subject to the advice and consent of the

2

senate.

3

     (4) All members shall serve for a term of three (3) years.

4

     (5) Current legislative appointees shall cease to be members of the commission upon the

5

effective date of this act. Non-legislative appointees to the commission may serve out their terms

6

whereupon their successors shall be appointed in accordance with this act. No one shall be eligible

7

for appointment to the commission unless he or she is a resident of this state.

8

     (6) Public members of the commission shall be removable by the governor pursuant to §

9

36-1-7 for cause only, and removal solely for partisan or personal reasons unrelated to capacity or

10

fitness for the office shall be unlawful.

11

     (7) The governor shall appoint a chairperson from the commission's members. The

12

commission shall elect from among its members other officers as it may deem appropriate.

13

     (c) The commission shall annually determine the presumptive values of vehicles and

14

trailers subject to the excise tax in the following manner:

15

     (1) Not earlier than September 30 and not later than December 31 of each year, the

16

commission shall by rule adopt a methodology for determining the presumptive value of vehicles

17

and trailers subject to the excise tax which shall give consideration to the following factors:

18

     (i) The average retail price of similar vehicles of the same make, model, type, and year of

19

manufacture as reported by motor vehicle dealers or by official used car guides, such as that of the

20

National Automobile Dealers Association for New England. Where regional guides are not

21

available, the commission shall use other publications deemed appropriate; and

22

     (ii) Other information concerning the average retail prices for make, model, type, and year

23

of manufacture of motor vehicles as the director and the Rhode Island vehicle value commission

24

may deem appropriate to determine fair values.

25

     (iii) Notwithstanding the foregoing, the presumptive value of vehicles and trailers subject

26

to the excise tax shall not exceed the following percentage of clean retail value for those vehicles

27

reported by the National Automobile Dealers Association Official Used Car Guide New England

28

Edition:

29

     FISCAL YEAR PERCENTAGE

30

     2018 95%

31

     2019 90%

32

     2020 85%

33

     2021 80%

34

     2022 75%

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 6 of 16)

1

     2023 70%

2

     In the event that no such clean retail value is reported, the presumptive value shall not

3

exceed the above percentages of the following:

4

     (A) Manufacturer's suggested retail price (MSRP) for new model year vehicles as reported

5

by the National Automobile Dealers Association Guides; or

6

     (B) Average retail value for those vehicles reported by the National Automobile Dealers

7

Association Official Used Car Guide National Edition and Motorcycle/Snowmobile/ATV/Personal

8

Watercraft Appraisal Guide; or

9

     (C) Used retail value for those vehicles reported in the National Association of Automobile

10

Dealers Recreational Vehicle Appraisal Guide; or

11

     (D) Low value for those vehicles reported in the National Automobile Dealers Association

12

Classic, Collectible, Exotic and Muscle Car Appraisal Guide & Directory.

13

     (2) On or before February 1 of each year, it shall adopt a list of values for vehicles and

14

trailers of the same make, model, type, and year of manufacture as of the preceding December 31

15

in accordance with the methodology adopted between September 30 and December 31; the list shall

16

be subject to a public hearing at least five (5) business days prior to the date of its adoption.

17

     (3) Nothing in this section shall be deemed to require the commission to determine the

18

presumptive value of vehicles and trailers which are unique, to which special equipment has been

19

added or to which special modifications have been made, or for which adequate information is not

20

available from the sources referenced in subdivision (1) of this subsection; provided, that the

21

commission may consider those factors in its lists or regulations.

22

     (4) The commission shall annually provide the list of presumptive values of vehicles and

23

trailers to each tax assessor on or before February 15 of each year.

24

     (d) The commission shall adopt rules governing its organization and the conduct of its

25

business; prior to the adoption of the rules, the chair shall have the power to call meetings, and a

26

simple majority of the members of the commission, as provided for in subsection (b) of this section,

27

is necessary for a quorum, which quorum by majority vote shall have the power to conduct business

28

in the name of the commission. The commission may adopt rules and elect from among its members

29

such other officers as it deems necessary.

30

     (e) The commission shall have the power to contract for professional services that it deems

31

necessary for the development of the methodology for determining presumptive values, for

32

calculating presumptive values according to the methodology, and for preparing the list of

33

presumptive values in a form and format that is generally usable by cities and towns in their

34

preparation of tax bills. The commission shall also have the power to incur reasonable expenses in

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 7 of 16)

1

the conduct of its business as required by this chapter and to authorize payments for the expenses.

2

     (f) Commission members shall receive no compensation for the performance of their duties

3

but may be reimbursed for their reasonable expenses incurred in carrying out such duties.

4

     (g) The commission shall respond to petitions of appeal by local boards of review in

5

accordance with the provisions of § 44-34-9.

6

     (h) The commission shall establish, by rule, procedures for adopting an annual budget and

7

for administering its finances. After July 1, 1986, one-half (1/2) of the cost of the commission's

8

operations shall be borne by the state and one-half (1/2) shall be borne by cities and towns within

9

the state, with the city and town share distributed among cities and towns on a per capita basis.

10

     (i) Within ninety (90) days after the end of each fiscal year, the commission shall approve

11

and submit an annual report to the governor, the speaker of the house of representatives, the

12

president of the senate, and the secretary of state of its activities during that fiscal year. The report

13

shall provide: an operating statement summarizing meetings or hearings held, meeting minutes if

14

requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies

15

conducted, policies and plans developed, approved, or modified, and programs administered or

16

initiated; a consolidated financial statement of all funds received and expended including the source

17

of the funds, a listing of any staff supported by these funds, and a summary of any clerical,

18

administrative or technical support received; a summary of performance during the previous fiscal

19

year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints,

20

suspensions, or other legal matters related to the authority of the commission; a summary of any

21

training courses held pursuant to this subsection, a briefing on anticipated activities in the upcoming

22

fiscal year; and findings and recommendations for improvements. The report shall be posted

23

electronically on the general assembly and the secretary of state's websites as prescribed in § 42-

24

20-8.2. The director of the department of revenue shall be responsible for the enforcement of this

25

provision.

26

     SECTION 3. Sections 44-34.1-1 and 44-34.1-2 of the General Laws in Chapter 44-34.1

27

entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998" are hereby amended to

28

read as follows:

29

     44-34.1-1. Excise tax phase-out.

30

     (a)(1) Notwithstanding the provisions of chapter 34 of this title or any other provisions to

31

the contrary, the motor vehicle and trailer excise tax established by § 44-34-1 may be phased out.

32

The phase-out shall apply to all motor vehicles and trailers, including leased vehicles.

33

     (2) Lessors of vehicles that pay excise taxes directly to municipalities shall provide lessees,

34

at the time of entering into the lease agreement, an estimate of annual excise taxes payable

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 8 of 16)

1

throughout the term of the lease. In the event the actual excise tax is less than the estimated excise

2

tax, the lessor shall annually rebate to the lessee the difference between the actual excise tax and

3

the estimated excise tax.

4

     (b) Pursuant to the provisions of this section, all motor vehicles shall be assessed a value

5

by the vehicle value commission. That value shall be assessed according to the provisions of § 44-

6

34-11(c)(1) and in accordance with the terms as defined in subsection (d) of this section; provided,

7

however, that the maximum taxable value percentage applicable to model year values as of

8

December 31, 1997, shall continue to be applicable in future year valuations aged by one year in

9

each succeeding year.

10

     (c)(1) The motor vehicle excise tax phase-out shall commence with the excise tax bills

11

mailed to taxpayers for the fiscal year 2000. The phase-out, beyond fiscal year 2003, shall be

12

subject to annual review and appropriation by the general assembly. The tax assessors of the various

13

cities and towns and fire districts shall reduce the average retail value of each vehicle assessed by

14

using the prorated exemptions from the following table:

15

Local Fiscal Year Exempt from value Local Exemption State fiscal year Reimbursement

16

fiscal year 1999 0 $1,500

17

fiscal year 2000 $1,500 $2,500

18

fiscal year 2001 $2,500 $3,500

19

fiscal year 2002 $3,500 $4,500

20

fiscal years 2003, 2004 and 2005 $4,500 $4,500

21

for fiscal year 2006 and $5,000 $5,000

22

for fiscal year 2007 $6,000 $6,000

23

     for fiscal years 2008, 2009 and 2010 the exemption and the state fiscal year reimbursement

24

shall be increased, at a minimum, to the maximum amount to the nearest two hundred and fifty

25

dollar ($250) increment within the allocation of one and twenty-two hundredths percent (l.22%) of

26

net terminal income derived from video lottery games pursuant to the provisions of § 42-61-15,

27

and in no event shall the exemption in any fiscal year be less than the prior fiscal year.

28

     for (i) For fiscal year 2011 and thereafter through fiscal year 2017, the exemption shall be

29

five hundred dollars ($500). Cities and towns may provide an additional exemption; provided,

30

however, any such additional exemption shall not be subject to reimbursement.

31

     (ii) For fiscal year 2018, cities, towns, and fire districts shall provide an exemption equal

32

to the greater of one thousand dollars ($1,000) or the exemption in effect in fiscal year 2017.

33

     (iii) For fiscal year 2019, cities, towns, and fire districts shall provide an exemption equal

34

to the greater of two thousand dollars ($2,000) or the exemption in effect in fiscal year 2017.

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 9 of 16)

1

     (iv) For fiscal year 2020, cities, towns, and fire districts shall provide an exemption equal

2

to the greater of three thousand dollars ($3,000) or the exemption in effect in fiscal year 2017.

3

     (v) For fiscal year 2021, cities, towns, and fire districts shall provide an exemption equal

4

to the greater of four thousand dollars ($4,000) or the exemption in effect in fiscal year 2017.

5

     (vi) For fiscal year 2022, cities, towns, and fire districts shall provide an exemption equal

6

to the greater of five thousand dollars ($5,000) or the exemption in effect in fiscal year 2017.

7

     (vii) For fiscal year 2023, cities, towns, and fire districts shall provide an exemption equal

8

to the greater of six thousand dollars ($6,000) or the exemption in effect in fiscal year 2017.

9

     (viii) For fiscal year 2024 and thereafter, no tax shall be levied.

10

     (2) The excise tax phase-out shall provide levels of assessed value reductions until the tax

11

is eliminated or reduced as provided in this chapter.

12

     (3) Current exemptions shall remain in effect as provided in this chapter.

13

     (4) The excise tax rates and ratios of assessment shall be maintained at a level identical to

14

the level in effect for fiscal year 1998 for each city, town, and fire district; provided, in the town of

15

Johnston the excise tax rate and ratios of assessment shall be maintained at a level identical to the

16

level in effect for fiscal year 1999 levels and the levy of a city, town, or fire district shall be limited

17

to the lesser of the maximum taxable value or net assessed value for purposes of collecting the tax

18

in any given year. Provided, however, for fiscal year 2011 and thereafter through fiscal year 2017,

19

the rates and ratios of assessment may be less than but not more than the rates described in this

20

subsection (4).

21

     (5) For fiscal year 2018 and thereafter, the excise tax rate applied by a city, town, or fire

22

district, shall not exceed the rate in effect in fiscal year 2017 and shall not exceed the rate set forth

23

below:

24

     Fiscal Year Tax Rate (Per $1,000 of Value)

25

     2018 $60.00

26

     2019 $50.00

27

     2020 $35.00

28

     2021 $35.00

29

     2022 $30.00

30

     2023 $20.00

31

     (6) In no event shall a taxpayer be billed more than the prior year for a vehicle owned up

32

to the same number of days unless an increased bill is the result of no longer being eligible for a

33

local tax exemption.

34

     (d) Definitions.

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 10 of 16)

1

     (1) "Maximum taxable value" means the value of vehicles as prescribed by § 44-34-11

2

reduced by the percentage of assessed value applicable to model year values as determined by the

3

Rhode Island vehicle value commission as of December 31, 1997, for the vehicles valued by the

4

commission as of December 31, 1997. For all vehicle value types not valued by the Rhode Island

5

vehicle value commission as of December 31, 1997, the maximum taxable value shall be the latest

6

value determined by a local assessor from an appropriate pricing guide, multiplied by the ratio of

7

assessment used by that city, town, or fire district for a particular model year as of December 31,

8

1997.

9

     (2) "Net assessed value" means the motor vehicle values as determined in accordance with

10

§ 44-34-11 less all personal exemptions allowed by cities, towns, fire districts, and the state of

11

Rhode Island exemption value as provided for in § 44-34.1-1(c)(1).

12

     (e) If any provision of this chapter shall be held invalid by any court of competent

13

jurisdiction, the remainder of this chapter and the applications of the provisions hereof shall not be

14

effected thereby.

15

     44-34.1-2. City and town and fire district reimbursement.

16

     (a) In fiscal years 2000 and thereafter, cities and towns and fire districts shall receive

17

reimbursements, as set forth in this section, from state general revenues equal to the amount of lost

18

tax revenue due to the phase out or reduction of the excise tax. Cities and towns and fire districts

19

shall receive advance reimbursements through state fiscal year 2002. In the event the tax is phased

20

out, cities and towns and fire districts shall receive a permanent distribution of sales tax revenue

21

pursuant to § 44-18-18 in an amount equal to any lost revenue resulting from the excise tax

22

elimination. Lost revenues must be determined using a base tax rate fixed at fiscal year 1998 levels

23

for each city, town, and fire district, except that the Town of Johnston's base tax rate must be fixed

24

at a fiscal year 1999 level. Provided, however, for fiscal year 2011 and thereafter, the base tax rate

25

may be less than but not more than the rates described in this subsection (a).

26

     (b) (1) The director of administration shall determine the amount of general revenues to be

27

distributed to each city and town and fire district for the fiscal years 1999 and thereafter so that

28

every city and town and fire district is held harmless from tax loss resulting from this chapter,

29

assuming that tax rates are indexed to inflation through fiscal year 2003.

30

     (2) The director of administration shall index the tax rates for inflation by applying the

31

annual change in the December Consumer Price Index -- All Urban Consumers (CPI-U), published

32

by the Bureau of Labor Statistics of the United States Department of Labor, to the indexed tax rate

33

used for the prior fiscal year calculation; provided, that for state reimbursements in fiscal years

34

2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U adjustments. The

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 11 of 16)

1

director shall apply the following principles in determining reimbursements:

2

     (i) Exemptions granted by cities and towns and fire districts in the fiscal year 1998 must

3

be applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities and

4

towns and fire districts will not be reimbursed for these exemptions.

5

     (ii) City, town, and fire districts shall be reimbursed by the state for revenue losses

6

attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates

7

through fiscal 2003. Reimbursement for revenue losses shall be calculated based upon the

8

difference between the maximum taxable value less personal exemptions and the net assessed

9

value.

10

     (iii) Inflation reimbursements shall be the difference between:

11

     (A) The levy calculated at the tax rate used by each city and town and fire district for fiscal

12

year 1998 after adjustments for personal exemptions but prior to adjustments for exemptions

13

contained in § 44-34.1-1(c)(1); provided, that for the town of Johnston the tax rate used for fiscal

14

year 1999 must be used for the calculation; and

15

     (B) The levy calculated by applying the appropriate cumulative inflation adjustment

16

through state fiscal 2003 to the tax rate used by each city and town and fire district for fiscal year

17

1998; provided, that for the town of Johnston the tax rate used for fiscal year 1999 shall be used

18

for the calculation after adjustments for personal exemptions but prior to adjustments for

19

exemptions contained in § 44-34.1-1.

20

     (3) For fiscal year 2018 and thereafter, each city, town and fire district shall tax motor

21

vehicles and trailers pursuant to chapter 34 of title 44 using the same motor vehicle and trailer

22

excise tax calculation methodology that was employed for fiscal year 2017, where motor vehicle

23

and trailer excise tax calculation methodology refers to the application of specific tax practices and

24

the order of operations in the determination of the tax levied on any given motor vehicle and/or

25

trailer.

26

     (4) Each city, town and fire district shall report to the department of revenue, as part of the

27

submission of the certified tax levy pursuant to §44-5-22, the motor vehicle and trailer excise tax

28

calculation methodology that was employed for fiscal year 2017. For fiscal year 2018 and

29

thereafter, the department of revenue is authorized to confirm that each city, town or fire district

30

has used the same motor vehicle and trailer excise tax methodology as was used in fiscal year 2017

31

and the department of revenue shall have the final determination as to whether each city, town or

32

fire district has in fact complied with this requirement. Should the department of revenue determine

33

that a city, town or fire district has failed to cooperate or comply with the requirement in this

34

section, the city, town or fire district's reimbursement for the items noted in §§44-34.1-2(c)(13)(i)

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 12 of 16)

1

through (c)(13)(iv) shall be withheld until such time as the department of revenue deems the city,

2

town or fire district to be in compliance.

3

     (5) For purposes of reimbursement for the items noted in §§44-34.1-2(c)(13)(i) through

4

(c)(13)(iv), the FY 2018 baseline from which the reimbursement amount shall be calculated is

5

defined as the motor vehicle and trailer excise tax levy that would be generated by applying the

6

fiscal year 2017 motor vehicle and trailer excise tax calculation methodology to the assessed value

7

of motor vehicles and trailers as of fiscal year 2017. The amount of reimbursement that each city,

8

town or fire district receives shall be the difference between the FY 2018 baseline and the certified

9

motor vehicle and trailer excise tax levy as submitted by each city, town and fire district as

10

confirmed by the department of revenue. The department of revenue shall determine the

11

reimbursement amount for each city, town and fire district.

12

     (6) For fiscal year 2020 and thereafter, the department of revenue shall assess the feasibility

13

of standardizing the motor vehicle and trailer excise tax calculation methodology across all cities,

14

towns and fire departments. Based on this assessment, the department of revenue may make

15

recommendations for changes to the motor vehicle and trailer excise tax calculation methodology

16

as well as other provisions related to the taxation of motor vehicles and trailers.

17

     (c)(1) Funds shall be distributed to the cities and towns and fire districts as follows:

18

     (i) On October 20, 1998, and each October 20 thereafter through October 20, 2001, twenty-

19

five percent (25%) of the amount calculated by the director of administration to be the difference

20

for the upcoming fiscal year.

21

     (ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002,

22

twenty-five percent (25%) of the amount calculated by the director of administration to be the

23

difference for the upcoming fiscal year.

24

     (iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent

25

(50%) of the amount calculated by the director of administration to be the difference for the

26

upcoming fiscal year.

27

     (iv) On August 1, 2002, and each August 1 thereafter, twenty-five percent (25%) of the

28

amount calculated by the director of administration to be the difference for the current fiscal year.

29

     (v) On November 1, 2002, and each November 1 thereafter, twenty-five percent (25%) of

30

the amount calculated by the director of administration to be the difference for the current fiscal

31

year.

32

     (vi) On February 1, 2003, and each February 1 thereafter, twenty-five percent (25%) of the

33

amount calculated by the director of administration to be the difference for the current fiscal year.

34

     (vii) On May 1, 2003, and each May 1 thereafter, except May 1, 2010, twenty-five percent

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 13 of 16)

1

(25%) of the amount calculated by the director of administration to be the difference for the current

2

fiscal year.

3

     (viii) On June 15, 2010, twenty-five percent (25%) of the amount calculated by the director

4

of administration to be the difference for the current fiscal year.

5

     Provided, however, the February and May payments, and June payment in 2010, shall be

6

subject to submission of final certified and reconciled motor vehicle levy information.

7

     (2) Each city, town, or fire district shall submit final certified and reconciled motor vehicle

8

levy information by August 30 of each year. Any adjustment to the estimated amounts paid in the

9

previous fiscal year shall be included or deducted from the payment due November 1.

10

     (3) On any of the payment dates specified in paragraphs (1)(i) through (vii) of this

11

subsection, the director is authorized to deduct previously made over-payments or add

12

supplemental payments as may be required to bring the reimbursements into full compliance with

13

the requirements of this chapter.

14

     (4) For the city of East Providence, the payment schedule is twenty-five percent (25%) on

15

February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five percent

16

(25%) on June 20, 1999, and each June 20 thereafter through June 20, 2002, which includes final

17

reconciliation of the previous year's payment, and fifty percent (50%) on October 20, 1999, and

18

each October 20 thereafter through October 20, 2002. For local fiscal years 2003 and thereafter,

19

the payment schedule is twenty-five percent (25%) on each November 1, twenty-five percent (25%)

20

on each February 1, twenty-five percent (25%) on each May 1, which includes final reconciliation

21

of the previous year's payment, and twenty-five percent (25%) on each August 1; provided, the

22

May and August payments shall be subject to submission of final certified and reconciled motor

23

vehicle levy information.

24

     (5) When the tax is phased out, funds distributed to the cities, towns, and fire districts for

25

the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase-

26

out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities and

27

towns and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%)

28

on the following November 1, twenty-five percent (25%) on the following February 1, and twenty-

29

five percent (25%) on the following May 1. The funds shall be distributed to each city and town

30

and fire district in the same proportion as distributed in the fiscal year of the phase-out.

31

     (6) When the tax is phased out to August 1, of the following fiscal year the director of

32

administration shall calculate to the nearest tenth of one cent ($.001) the number of cents of sales

33

tax received for the fiscal year ending June 30, of the year following the phase-out equal to the

34

amount of funds distributed to the cities, towns, and fire districts under this chapter during the fiscal

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 14 of 16)

1

year following the phase-out and the percent of the total funds distributed in the fiscal year

2

following the phase-out received by each city, town, and fire district, calculated to the nearest one-

3

hundredth of one percent (0.01%). The director of the department of administration shall transmit

4

those calculations to the governor, the speaker of the house, the president of the senate, the

5

chairperson of the house finance committee, the chairperson of the senate finance committee, the

6

house fiscal advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes

7

received for the prior fiscal year, shall be the basis for determining the amount of sales tax to be

8

distributed to the cities and towns and fire districts under this chapter for second fiscal year

9

following the phase-out and each year thereafter. The cities and towns and fire districts shall receive

10

that amount of sales tax in the proportions calculated by the director of administration as that

11

received in the fiscal year following the phase-out.

12

     (7) When the tax is phased out, twenty-five percent (25%) of the funds shall be distributed

13

to the cities, towns, and fire districts on August 1, of the following fiscal year and every August 1

14

thereafter; twenty-five percent (25%) shall be distributed on the following November 1, and every

15

November 1 thereafter; twenty-five percent (25%) shall be distributed on the following February

16

1, and every February 1 thereafter; and twenty-five percent (25%) shall be distributed on the

17

following May 1, and every May 1 thereafter.

18

     (8) For the city of East Providence, in the event the tax is phased out, twenty-five percent

19

(25%) shall be distributed on November 1, of the following fiscal year and every November 1

20

thereafter, twenty-five percent (25%) shall be distributed on the following February 1, and every

21

February 1 thereafter; twenty-five percent (25%) shall be distributed on the following May 1, and

22

every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on the

23

following August 1, and every August 1 thereafter.

24

     (9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is

25

eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall

26

be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply

27

to the year 2001 tax roll and thereafter.

28

     (10) For reimbursements payable in the year ending June 30, 2008 and thereafter, the

29

director of administration shall discount the calculated value of the exemption to ninety-eight

30

percent (98%) in order to establish a collection rate that is comparable to the collection rate

31

achieved by municipalities in the levy of the motor vehicle excise tax.

32

     (11) For reimbursements payable in the year ending June 30, 2010, the director of

33

administration shall reimburse cities and towns eighty-eight percent (88%) of the reimbursements

34

payable pursuant to subdivision (c)(10) above.

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 15 of 16)

1

     (12) For fiscal year 2011 and thereafter through to June 30, 2017, the state shall reimburse

2

cities and towns for the exemption pursuant to subdivision subsection (c)(10) above, ratably

3

reduced to the appropriation.

4

     (13) For fiscal year 2018 and thereafter, each city, town and fire district shall receive a

5

reimbursement equal to the amount received in fiscal year 2017 plus an amount equal to the

6

reduction from the FY 2018 baseline, as defined in subsection (b)(5) of this section, resulting from

7

changes in:

8

     (i) The assessment percentage set forth in §44-34-11(c)(1)(iii);

9

     (ii) The excise tax rate set forth in §44-34.1-1(c)(5);

10

     (iii) Exemptions set forth in §44-34.1-1(c)(1); and

11

     (iv) Exemptions for vehicles more than fifteen (15) years old as set forth in §44-34-2.

12

     (14) In the event any city, town, or fire district sent out or sends out tax bills for fiscal year

13

2018, which do not conform with the requirements of this act, the city, town, or fire district shall

14

ensure that the tax bills for fiscal year 2018 are adjusted or an abatement is issued to conform to

15

the requirements of this act.

16

     SECTION 4. This article shall take effect on July 1, 2017.

 

Art11
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS
(Page 16 of 16)

 

 

=======

art.012/3/012/2/012/1

=======

1

     ARTICLE 12

2

RELATING TO EDUCATION AID

3

     SECTION 1. Section 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled "The

4

Education Equity and Property Tax Relief Act" is hereby amended to read as follows:

5

     16-7.2-6. Categorical programs, state funded expenses.

6

     In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent

7

foundation education-aid program shall provide direct state funding for:

8

     (a) Excess costs associated with special education students. Excess costs are defined when

9

an individual special education student's cost shall be deemed to be "extraordinary". Extraordinary

10

costs are those educational costs that exceed the state-approved threshold based on an amount

11

above five times the core foundation amount (total of core-instruction amount plus student success

12

amount). The department of elementary and secondary education shall prorate the funds available

13

for distribution among those eligible school districts if the total approved costs for which school

14

districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year;

15

and the department of elementary and secondary education shall also collect data on those

16

educational costs that exceed the state-approved threshold based on an amount above four (4) times

17

the core-foundation amount.

18

     (b) Career and technical education costs to help meet initial investment requirements

19

needed to transform existing, or create new, comprehensive, career and technical education

20

programs and career pathways in critical and emerging industries and to help offset the higher-

21

than-average costs associated with facilities, equipment maintenance and repair, and supplies

22

necessary for maintaining the quality of highly specialized programs that are a priority for the state.

23

The department shall develop criteria for the purpose of allocating any and all career and technical

24

education funds as may be determined by the general assembly on an annual basis. The department

25

of elementary and secondary education shall prorate the funds available for distribution among

26

those eligible school districts if the total approved costs for which school districts are seeking

27

reimbursement exceed the amount of funding available in any fiscal year;

28

     (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs.

29

The department shall recommend criteria for the purpose of allocating any and all early childhood

30

program funds as may be determined by the general assembly;

 

1

     (d) Central Falls, Davies, and the Met Center Stabilization Fund is established to assure

2

that appropriate funding is available to support their students. Additional support for Central Falls

3

is needed due to concerns regarding the city's capacity to meet the local share of education costs.

4

This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside

5

the permanent foundation education-aid formula, including, but not limited to, transportation,

6

facility maintenance, and retiree health benefits shall be shared between the state and the city of

7

Central Falls. The fund shall be annually reviewed to determine the amount of the state and city

8

appropriation. The state's share of this fund may be supported through a reallocation of current state

9

appropriations to the Central Falls school district. At the end of the transition period defined in §

10

16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional support

11

for the Davies and the Met Center is needed due to the costs associated with running a stand-alone

12

high school offering both academic and career and technical coursework. The department shall

13

recommend criteria for the purpose of allocating any and all stabilization funds as may be

14

determined by the general assembly; and

15

     (e) Excess costs associated with transporting students to out-of-district non-public schools

16

and within regional school districts. (1) This fund will provide state funding for the costs associated

17

with transporting students to out-of-district non-public schools, pursuant to chapter 21.1 of title 16.

18

The state will assume the costs of non-public out-of-district transportation for those districts

19

participating in the statewide system; and (2) This fund will provide direct state funding for the

20

excess costs associated with transporting students within regional school districts, established

21

pursuant to chapter 3 of title 16. This fund requires that the state and regional school district share

22

equally the student transportation costs net any federal sources of revenue for these expenditures.

23

The department of elementary and secondary education shall prorate the funds available for

24

distribution among those eligible school districts if the total approved costs for which school

25

districts are seeking reimbursement exceed the amount of funding available in any fiscal year.

26

     (f) Public school districts that are regionalized shall be eligible for a regionalization bonus

27

as set forth below.

28

     (1) As used herein, the term "regionalized" shall be deemed to refer to a regional school

29

district established under the provisions of chapter 3 of title 16 including the Chariho Regional

30

School district.

31

     (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus

32

shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the

33

regionalization bonus shall commence in the first fiscal year following the establishment of a

34

regionalized school district as set forth in chapter 3 of title 16, including the Chariho Regional

 

Art12
RELATING TO EDUCATION AID
(Page 2 of 5)

1

School District.

2

     (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the

3

state's share of the foundation education aid for the regionalized district as calculated pursuant to

4

§§ 16-7.2-3 and 16-7.2-4 in that fiscal year.

5

     (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the

6

state's share of the foundation education aid for the regionalized district as calculated pursuant to

7

§§ 16-7.2-3 and 16-7.2-4 in that fiscal year.

8

     (5) The regionalization bonus shall cease in the third fiscal year.

9

     (6) The regionalization bonus for the Chariho regional school district shall be applied to

10

the state share of the permanent foundation education aid for the member towns.

11

     (7) The department of elementary and secondary education shall prorate the funds available

12

for distribution among those eligible regionalized school districts if the total, approved costs for

13

which regionalized school districts are seeking a regionalization bonus exceed the amount of

14

funding appropriated in any fiscal year.

15

     (g) Additional state support for English learners (EL). For FY 2017 only, the The amount

16

to support EL students shall be determined by multiplying an EL factor of ten percent (10%) by the

17

core-instruction per-pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of

18

additional state support to EL students identified using widely adopted, independent standards and

19

assessments identified by the Commissioner. All categorical funds distributed pursuant to this

20

subsection must be used to provide high-quality, research-based services to EL students and

21

managed in accordance with requirements set forth by the commissioner of elementary and

22

secondary education. The department of elementary and secondary education shall collect

23

performance reports from districts and approve the use of funds prior to expenditure. The

24

department of elementary and secondary education shall ensure the funds are aligned to activities

25

that are innovative and expansive and not utilized for activities the district is currently funding. The

26

department of elementary and secondary education shall prorate the funds available for distribution

27

among eligible recipients if the total calculated costs exceed the amount of funding available in any

28

fiscal year.

29

     (h) Categorical programs defined in (a) through (f) shall be funded pursuant to the

30

transition plan in § 16-7.2-7.

31

     SECTION 2. Section 16-95-4 of the General Laws in Chapter 16-95 entitled "The

32

Recovery High Schools Act [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"

33

is hereby amended to read as follows:

34

     16-95-4. Transfer of aid.

 

Art12
RELATING TO EDUCATION AID
(Page 3 of 5)

1

     (a) Any school district in Rhode Island that may have a student, or students, who are

2

currently or were last enrolled in said district and who are diagnosed with substance-use disorder

3

or dependency, as defined by the Diagnostic and Statistical Manual of Mental Disorders IV-TR,

4

may be referred to a Rhode Island recovery high school by a clinician licensed pursuant to chapter

5

69 of title 5 for voluntary enrollment in such school. If said student is admitted to said school, the

6

sending school district shall ensure that payment, pursuant to subsection (b) for students who attend

7

the recovery high school, is paid, and further, that upon completion of all other graduation

8

requirements, said student or students shall receive a diploma.

9

     (b) A sending school district shall transfer the per-pupil core-instructional amount,

10

pursuant to chapter 7.2 of title 16 ("The Education Equity and Property Tax Relief Act") to a

11

recovery high school for any student attending the recovery high school and meeting the following

12

criteria: (1) The student is currently enrolled in the district or currently resides in the municipality

13

in which the district is located; (2) The student is considered by a clinician, licensed pursuant to

14

chapter 69 of title 5, to be clinically appropriate, using the criteria for substance-use disorders as

15

defined in the Diagnostic and Statistical Manual of Mental Disorders IV-TR; and (3) The student

16

meets all matriculation criteria as outlined by the sending district and the department of elementary

17

and secondary education, with determination of academic eligibility based on existing

18

documentation provided by the district. The district and the recovery high school shall arrange to

19

confer a diploma when a student completes state- and district-mandated graduation requirements.

20

     (c) For FY 2017, the The state shall appropriate no less than five hundred thousand dollars

21

($500,000) for the administration and programmatic costs of each recovery high school.

22

     (d) A recovery high school shall submit to the council on elementary and secondary

23

education academic data considered necessary by the board to provide information regarding each

24

student's academic performance, subject to applicable health confidentiality laws and regulations.

25

     (e) The council on elementary and secondary education, in consultation with the

26

department of behavioral health, developmental disabilities and hospitals shall promulgate rules

27

and regulations as necessary to implement and carry out the intent of this chapter.

28

     SECTION 3. Section 16-100-3 of the General Laws in Chapter 16-100 entitled "Dual

29

Enrollment Equal Opportunity Act" is hereby amended to read as follows:

30

     16-100-3. Policy implemented.

31

     (a) The Board of Education shall prescribe by regulation a statewide dual enrollment policy

32

that shall allow students to enroll in courses at postsecondary institutions to satisfy academic credit

33

requirements in both high school and the aforementioned postsecondary institutions. The

34

regulations shall address the postsecondary institution's graduation requirements, if any; the

 

Art12
RELATING TO EDUCATION AID
(Page 4 of 5)

1

institution's ability to award degrees/certificates in Rhode Island; the minimum course grade to

2

receive credit at the student's secondary school; and any other criteria that the Board deems

3

appropriate.

4

     (b) The board shall convene a workgroup, including, but not limited to, representatives

5

from the department of elementary and secondary education, the office of higher education,

6

superintendents, school committees, public higher education institutions, guidance counselors, and

7

teachers. The purpose of the workgroup is to consider and advise the board as to a dual enrollment

8

policy and its possible effect on school funding pursuant to section 16-7.2, academic supports,

9

transportation, possible shared costs of the education, possible fee schedules, manners in which

10

low-income students could access the program and, possible contracted tuition costs with our public

11

higher education institutions.

12

     (c) Notwithstanding any law to the contrary, payments to public institutions of higher

13

education for dual and concurrent enrollment shall be limited to no greater than the appropriation

14

contained in the Appropriations Act. On or before September 30, 2017, the Council on

15

Postsecondary Education shall promulgate rules and regulations enforcing this limitation.

16

     SECTION 3. This article shall take effect upon passage.

 

Art12
RELATING TO EDUCATION AID
(Page 5 of 5)

 

=======

art.013/2/021/1

=======

1

     ARTICLE 13

2

RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES

3

     SECTION 1. Section 5-6-24 of the General Laws in Chapter 5-6 entitled "Electricians" is

4

hereby amended to read as follows:

5

     5-6-24. Apprentices – Registration Fee.

6

     (a) This chapter does not forbid the employment of one properly limited registered

7

apprentice electrician working with and under the direct personal supervision of a licensed

8

journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) one

9

properly registered apprentice oil burnerperson working with and under the direct personal

10

supervision of a licensed oil burnerperson; (2) one properly registered apprentice fire alarm installer

11

working with and under the direct personal supervision of a licensed fire alarm installer; or (3) two

12

(2) properly registered apprentice electrical sign installer working with and under the direct

13

personal supervision of a licensed electrical sign installer; (4) one properly registered apprentice

14

maintenance electrician working with and under the direct personal supervision of a valid Class C

15

or Class D license holder; or (5) one properly registered apprentice lightning protection installer

16

working with and under the direct personal supervision of a licensed lightning protection installer

17

(LPI). Apprentices are required to register with the division of professional regulation initially upon

18

payment of a fee of twenty dollars ($20.00) per year. Apprentices are required to register with the

19

division of professional regulation immediately upon employment with a properly licensed

20

electrical contractor or lightning protection contractor.

21

     (b) Indentured apprentice electricians are required to work a minimum of eight thousand

22

(8,000) hours over a period of time of not less than four (4) years and successfully complete one

23

hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship

24

program approved by the Rhode Island department of labor and training, to qualify for the

25

journeyperson "B" electrician examination; provided, however, apprentices may receive credit for

26

one hundred forty-four (144) hours of classroom training gained in a vocational school authorized

27

by the board of regents for elementary and secondary education and approved by the Rhode Island

28

department of labor and training apprenticeship council. Provided, that the test applicant has

29

possessed for at least four (4) years prior to the filing of the application a certificate of registration

30

in full force and effect from the department of labor and training of Rhode Island specifying the

 

1

person as an indentured apprentice, and the application of an applicant is accompanied by an

2

affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory

3

evidence showing that the applicant has been actually engaged in electrical work as an apprentice

4

in Rhode Island during those four (4) years, or the application is accompanied by an affidavit or

5

other reasonably satisfactory evidence showing that the applicant has successfully completed a

6

course of study in a recognized college or university and has pursued a course of electrical

7

technology for at least two (2) academic years or is the recipient of an associate degree in electrical

8

technology, and has thereafter been indentured by the department of labor and training as an

9

apprentice for at least two (2) years and employed as an indentured apprentice by a duly licensed

10

electrician master in this state for a period of two (2) years, or a showing that the applicant possesses

11

a certificate of license issued under the laws of another state. Limited registered apprentice

12

electricians shall be required to work a minimum of four thousand (4,000) hours over a period of

13

time of not less than two (2) years.

14

     (c) Indentured apprentice maintenance electricians are required to work a minimum of six

15

thousand (6,000) hours over a period of time of not less than three (3) years and successfully

16

complete a one hundred forty-four (144) hours of related instruction per year in an indentured

17

apprenticeship program approved by the Rhode Island department of labor and training, to qualify

18

for the journeyperson "M" electrician examination. Provided, however, that the test applicant has

19

possessed for at least three (3) years prior to the filing of the application a certificate of registration

20

in full force and effect from the department of labor and training of Rhode Island specifying the

21

person as an indentured apprentice, and the application of an applicant is accompanied by an

22

affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory

23

evidence showing that the applicant has been actually engaged in electrical work as an apprentice

24

in Rhode Island during those three (3) years. Class M journeyperson electricians may qualify to

25

take the journeyperson "B" electrician examination upon registering as a fourth year apprentice and

26

becoming employed by a properly licensed Class A electrical contractor for that period of time.

27

     (d) Apprentice lightning protection installers are required to work a minimum of four

28

thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the

29

lightning protection installer (LPI) examination. Provided, that the test applicant has possessed for

30

at least two (2) years prior to the filing of the application a certificate of registration in full force

31

and effect from the department of labor and training of Rhode Island specifying the person as an

32

apprentice lightning protection installer, and the application of an applicant is accompanied by an

33

affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory

34

evidence showing that the applicant has been actually engaged in lightning protection work as an

 

Art13
RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES
(Page 2 of 8)

1

apprentice during those two (2) years.

2

     SECTION 2. Section 5-20-25 of the General Laws in Chapter 5-20 entitled "Plumbers,

3

Irrigators and Water System Installers" is hereby amended to read as follows:

4

     5-20-25. Registration of Apprentices.

5

     (a) Any person who has agreed to work a minimum of eight thousand (8,000) hours over a

6

period of time of not less than five (5) years under the direct supervision and instruction of a master

7

plumber or journeyperson plumber as an apprentice to learn the plumbing business, and that

8

agreement is approved by the division of professional regulation, shall be registered for an initial

9

period of one year, with renewal on the applicant's birthday, by the director of the department of

10

labor and training and have issued to him or her upon the payment of a fee of twenty dollars

11

($20.00) a certificate showing that person to be a registered apprentice. Every person who continues

12

to work as an apprentice after the initial one year registration is required to register again as an

13

apprentice and pay the fee.

14

     (b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a

15

period of time of not less than one year under the direct supervision and instruction of a master

16

irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that

17

agreement is approved by the division of professional regulation, shall be registered for an initial

18

period of one year, with renewal on the applicant's birthday, by the director of the department of

19

labor and training and have issued to him or her upon the payment of a fee of twenty dollars

20

($20.00) a certificate showing that person to be a registered apprentice. Every person who continues

21

to work as an apprentice after the initial one year registration is required to register again as an

22

apprentice and pay the fee. 

23

     (c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a

24

period of time of not less than one year, under the direct supervision and instruction of a master

25

water-filtration/treatment-system installer or a journeyperson water-filtration/treatment-system

26

installer, as an apprentice to learn the water-filtration/treatment business, and that agreement is

27

approved by the division of professional regulation, shall be registered for an initial period of one

28

year, with renewal on the applicant's birthday, by the director of the department of labor and

29

training and have issued to them, upon the payment of a fee of twenty dollars ($20.00), a certificate

30

showing that person to be a registered apprentice. Every person who continues to work as an

31

apprentice after the initial one-year registration is required to register again as an apprentice and

32

pay the fee. 

33

     SECTION 3. Section 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical

34

Trades" is hereby amended to read as follows:

 

Art13
RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES
(Page 3 of 8)

1

     28-27-18. Registration of Apprentices.

2

     (a) Any person who has agreed to work under the supervision of a licensed pipefitter,

3

refrigeration/air conditioning, sprinkler fitter or sheet metal master under a state sanctioned

4

apprenticeship program shall be registered by the director of labor and training upon the payment

5

of a twenty-four dollar ($24.00) annual fee and be issued a certificate of apprenticeship. A renewal

6

certificate shall also be issued for twenty-four dollars ($24.00) for each succeeding twelve (12)

7

month period.

8

     (b) The minimum formal training period for a P.J.F. limited class II license shall be one

9

hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the

10

department of labor and training. The fee schedules for the P.J.F. limited license are detailed in §

11

28-27-5.2. All other sections of this chapter shall remain in full force and effect. 

12

     SECTION 4. Sections 28-45-9.1 and 28-45-13.1 of the General Laws in Chapter 28-45

13

entitled "Apprenticeship Programs in Trade and Industry" are hereby repealed.

14

     28-45-9.1. Apprenticeship programs – Fees.

15

      – A fee of one hundred twenty dollars ($120) shall be paid by each program sponsor,

16

except those sponsors who are in registered school-to-career apprenticeship programs only, and/or

17

those sponsors who are licensed masters/contractors with the department of labor and training,

18

division of professional regulation, requesting authorization as an approved sponsor from the state

19

apprenticeship council. All state approved sponsors' certificates issued by the division of

20

professional regulation, except those sponsors who are registered in school-to-career

21

apprenticeship programs only, and/or those sponsors who are licensed masters/contractors with the

22

department of labor and training, division of professional regulation, shall become due for annual

23

renewal upon payment of a renewal fee of one hundred twenty dollars ($120). Those fees shall be

24

deposited as general revenues. 

25

     28-45-13.1. Apprenticeship registration – Fees. – 

26

     A fee of twenty-four dollars ($24.00) shall be paid by each indentured apprentice, except

27

those apprentices who are registered in school-to-career apprenticeship programs only, not

28

registered as an apprentice with the division of professional regulation of the department of labor

29

and training, except those apprentices who are registered in school-to-career apprenticeship

30

programs only, requesting approval and registration with the department of labor and training. All

31

state approved apprentice certificates that are not registered and renewable through the division of

32

professional regulation of the department of labor and training shall become due for renewal

33

annually for a renewal fee of twenty-four dollars ($24.00). All apprenticeship certificates issued by

34

the division of professional regulation of the department of labor and training shall expire on the

 

Art13
RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES
(Page 4 of 8)

1

indentured date of the individual qualifying for the certificate.

2

     SECTION 5. Section 5-6-32 of the General Laws entitled "Electricians" is hereby amended

3

to read as follows:

4

     5-6-32. Authority of director to assess penalty.

5

     (a) The director may assess an administrative penalty on any person, firm, or corporation

6

for any violation of the provisions of this chapter, after notice and a hearing, before and upon the

7

recommendation of the board of examiners of electricians in the amount of five hundred dollars

8

($500) one thousand five hundred dollars ($1,500) for the first violation and nine hundred fifty

9

dollars ($950) two thousand dollars ($2,000) for a subsequent violation. All funds collected by the

10

labor and training department under this section shall be placed in the restricted receipts account

11

created pursuant to § 28-22-1.1. This section is in addition to any other action provided by law for

12

violations of this chapter.

13

     (b) The chief of the section shall act as an investigator with respect to the enforcement of

14

all the provisions of law relative to the licensing of electricians and, to this effect, whenever a

15

complaint is made by the chief of the section to the director of the department of labor and training

16

or his or her designee that the provisions of this chapter are being violated, the director of the

17

department of labor and training or his or her designee may issue an order to cease and desist from

18

that violation and may impose the above penalties against the violator and against the contractor. 

19

     SECTION 6. Chapter 28-14 of the General Laws entitled "Payment of Wages" is hereby

20

amended by adding thereto the following section:

21

     28-14-17.1. Administrative Assessment.

22

     (a) Any employer found to have violated the provisions of this chapter upon final

23

determination by the department of labor and training, including claims settled

24

via settlement agreement and administrative hearing shall be assessed an administrative

25

penalty equal to fifteen percent (15%) to twenty five percent (25%) of the amount of back wages

26

ordered to be paid for a first violation within a three (3) year period. For subsequent violations

27

within a three (3) year period the assessment shall equal twenty five percent (25%) to fifty percent

28

(50%) of the amount of back wages ordered to be paid.

29

     (b) In determining the amount of any penalty imposed under this section, the director or

30

his or her designee shall consider the good faith of the employer, the gravity of the violation, the

31

history of previous violations and whether or not the violation was an innocent mistake or willful

32

violation.

33

     SECTION 7. Section 28-14-19.1 of the General Laws entitled "Payment of Wages" is

34

hereby amended to ready as follows:

 

Art13
RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES
(Page 5 of 8)

1

     28-14-19.1. Misclassification of employees.

2

     (a) The misclassification of a worker whether performing work as a natural person,

3

business, corporation or entity of any kind, as an independent contractor when the worker should

4

be considered and paid as an employee shall be considered a violation of this chapter.

5

     (b) In addition to any other relief in which any department or an aggrieved party may be

6

entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less

7

than five hundred dollars ($500) one thousand five hundred dollars ($1,500) and not greater than

8

three thousand ($3,000) dollars for each misclassified employee for a first offense and up to five

9

thousand dollars ($5,000) for each misclassified employee for any subsequent offense, which shall

10

be shared equally between the department and the aggrieved party.

11

     (c) In determining the amount of any penalty imposed under this section, the director or his

12

or her designee shall consider the size of the employer's business, the good faith of the employer,

13

the gravity of the violation, the history of previous violations, and whether or not the violation was

14

an innocent mistake or willful.

15

     (d) A violation of this section may be adjudicated under § 28-14-19 and consolidated with

16

any labor standards violation or under §§ 37-13-14.1 and 15 and consolidated with any prevailing

17

wage violation.

18

     (e) A violation of this section may be brought or adjudicated by any division of the

19

department of labor and training.

20

     (f) The department shall notify the contractor's registration board and the tax administrator

21

of any violation of this section.

22

     SECTION 8. Sections 28-42-38.1, 28-42-64, 28-42-65 and 28-42-66 of the General Laws

23

in Chapter 28-42 entitled "Employment Security – General Provisions" are hereby amended to read

24

as follows:

25

     28-42-38.1. Quarterly wage reports.

26

     (a)(1) The department of labor and training is designated and constituted the agency within

27

this state charged with the responsibility of collecting quarterly wage information, as required by

28

42 U.S.C. § 1302b-7. Each employer shall be required to submit a detailed wage report to the

29

director, for all calendar quarters within thirty (30) days after the end of each quarter in a form and

30

manner prescribed by the director, listing each employee's name, social security account number,

31

the total amount of wages paid to each employee, and any other information that the director deems

32

necessary. All reports shall be in addition to those now required by the department.

33

     (2) The department will utilize the quarterly wage information that it collects from

34

employers to establish an individual's eligibility for unemployment insurance benefits and to

 

Art13
RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES
(Page 6 of 8)

1

determine the amount and duration of benefits for all new claims filed.

2

     (3) Notwithstanding any provisions of chapters 42 – 44 of this title to the contrary, the

3

department may utilize employee quarterly wage information submitted by employers to measure

4

the progress of the state in meeting the performance measures developed in response to United

5

States Public Law 105-220, the Workforce Investment Act of 1998 (see 29 U.S.C. § 2801 et seq.),

6

further provided however, that the department may verify certain employee quarterly wage

7

information for the local workforce investment board and provide it with the verified data under

8

procedures established by rules and regulations promulgated by the director. The director shall also

9

make the quarterly wage information available, upon request, to the agencies of other states in the

10

performance of their public duties under the Workforce Investment Act of 1998 in that state. This

11

information shall be made available only to the extent required by the Secretary of Labor and

12

necessary for the valid administrative needs of the authorized agencies, and all agencies requesting

13

this data shall protect it from unauthorized disclosure. The department shall be reimbursed by the

14

agencies requesting the information for the costs incurred in providing the information.

15

     (4) Notwithstanding any provisions of chapters 42 – 44 of this title to the contrary, the

16

department may provide quarterly wage information to the United States Census Bureau for the

17

purpose of participating in a joint local employment dynamics program with the United States

18

Census Bureau and the Bureau of Labor Statistics.

19

     (5) Notwithstanding any provisions of chapter 42-44 of this title to the contrary, the

20

department may provide employee quarterly wage information to the department's designated

21

research partners for the purpose of its workforce data quality and workforce innovation fund

22

initiatives. The provision of these records will be done in accordance with an approved data-sharing

23

agreement between the department and its designated research partners that protects the security

24

and confidentiality of these records and through procedures established by protocols, rules and/or

25

regulations as determined necessary by the director and appropriately established or promulgated.

26

     (b) Notwithstanding any inconsistent provisions of chapters 42 – 44 of this title, an

27

employer who fails to file a detailed wage report in the manner and at the times required by

28

subsection (a) of this section for any calendar quarter shall pay a penalty of twenty-five dollars

29

($25.00) for each failure or refusal to file. An additional penalty of twenty-five dollars ($25.00)

30

shall be assessed for each month the report is delinquent; provided, that this penalty shall not exceed

31

one hundred and fifty dollars ($150) two hundred dollars ($200.00) for any one report. This penalty

32

shall be paid into the employment security tardy account fund and if any employer fails to pay the

33

penalty, when assessed, it shall be collected by civil action as provided in § 28-43-18.

34

     28-42-64. Failure to make contributions or reports.

 

Art13
RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES
(Page 7 of 8)

1

     Any individual, or employing unit or its agent, who knowingly fails or refuses to make any

2

contribution or other payment required of an employing unit under chapters 42 – 44 of this title, or

3

who knowingly fails or refuses to make any contribution or report at the time and in the manner

4

required by the regulations adopted as prescribed in these chapters, shall upon conviction be

5

punished by a fine of not less than ten dollars ($10.00) twenty-five dollars ($25.00) nor more than

6

one hundred dollars ($100) two hundred dollars ($200.00), or by imprisonment not longer than

7

sixty (60) days, or by both the fine and imprisonment, and each day of that failure or refusal shall

8

constitute a separate and distinct offense. If the employer in question is a corporation, every officer

9

of the corporation who knowingly participates in any violation specified in this section shall be

10

subject to these penalties.

11

     28-42-65. Pecuniary penalty for failure to file reports or pay contributions.

12

     An employer who fails to file any reports required under chapters 42 – 44 of this title, or

13

who fails or refuses to pay any contributions required under those chapters in the manner and at the

14

times as required by the law and regulations or as the director may, in accordance with these

15

chapters, prescribe, shall pay a penalty of ten dollars ($10.00) twenty-five dollars ($25.00) for each

16

failure or refusal to file, and where any contribution is due, shall pay an additional penalty of ten

17

percent (10%) of the amount due. The foregoing penalties shall be paid into the employment

18

security tardy account fund, and shall be in addition to contributions and interest required to be

19

paid as provided in chapters 42 – 44 of this title. If any employer fails to pay a penalty, when

20

assessed, it shall be collected by civil action as provided in § 28-43-18.

21

     28-42-66. Penalty for violations generally.

22

     Any violation of any provision of chapters 42 – 44 of this title or of any order, rule, or

23

regulation of the board of review after consultation with the director, for which a penalty is neither

24

prescribed above nor provided by any other applicable statute, shall be punished by a fine of not

25

less than twenty dollars ($20.00) twenty-five dollars ($25.00) nor more than fifty dollars ($50.00)

26

two hundred dollars ($200.00), or by imprisonment not longer than thirty (30) days, or by both the

27

fine and imprisonment.

28

     SECTION 9. This article shall take effect as of July 1, 2017.

 

Art13
RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES
(Page 8 of 8)

 

=======

art.014/2/003/3/003/2/020/1

=======

1

     ARTICLE 14

2

RELATING TO MINIMUM WAGES

3

     SECTION 1. Section 28-12-3 of the General Laws in Chapter 28-12 entitled “Minimum

4

Wages” is hereby amended to read as follows:

5

     28-12-3. Minimum wages.

6

     (a) Every employer shall pay to each of his or her employees: commencing July 1, 1999,

7

at least the minimum wage of five dollars and sixty-five cents ($5.65) per hour. Commencing

8

September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour.

9

     (b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five cents

10

($6.75) per hour.

11

     (c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10)

12

per hour.

13

     (d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents

14

($7.40) per hour.

15

     (e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five

16

cents ($7.75) per hour.

17

     (f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour.

18

     (g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour.

19

     (h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents ($9.60)

20

per hour.

21

     (i) Commencing January 1, 2018, the minimum wage is ten dollars and ten cents ($10.10)

22

per hour.

23

     (j) Commencing January 1, 2019, the minimum wage is ten dollars and fifty cents ($10.50)

24

per hour.

25

     SECTION 2. This article shall take effect upon passage.

 

Art14
RELATING TO MINIMUM WAGES
(Page 1 of 1)

 

=======

art.015/2/024/1

=======

1

     ARTICLE 15

2

RELATING TO EFFECTIVE DATE

3

     SECTION 1. This act shall take effect as of July 1, 2017, except as otherwise provided

4

herein.

5

     SECTION 2. This article shall take effect upon passage.

 

Art15
RELATING TO EFFECTIVE DATE
(Page 1 of 1)