2017 -- S 0193

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LC000430

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION

     Introduced By: Senators Archambault, Lombardi, P Fogarty, and Ciccone

     Date Introduced: February 01, 2017

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-37-1 of the General Laws in Chapter 28-37 entitled "Workers'

Compensation Administrative Fund" is hereby amended to read as follows:

     28-37-1. Establishment -- Sources -- Administration.

     (a) There is established in the department of labor and training a special account to be

known as the workers' compensation administrative account, an account within the general fund.

This account, referred to as the "workers' compensation administrative account", shall consist of

payments made to it as provided in this chapter, or penalties paid pursuant to this chapter, and of

all other moneys paid into and received by the fund, of property and securities acquired by and

through the use of moneys belonging to the fund, and of interest earned upon the moneys

belonging to the fund. All moneys in the fund shall be mingled and undivided. The fund shall be

administered by the director of labor and training or his or her designee.

     (b) The purposes for which this fund shall be used are as follows:

     (1) To provide funds to the Dr. John E. Donley rehabilitation center for suitable

structures, personnel, and equipment necessary for the rendering of rehabilitative services,

including, but not limited to, physical therapy, psychotherapy, and occupational therapy to injured

workers coming within the purview of chapters 29 -- 38 of this title;

     (2) To provide funds for all expenditures of the education unit created pursuant to § 42-

16-4 and all expenditures of the workers' compensation fraud prevention unit created pursuant to

§ 42-16.1-12;

     (3) To provide funds for all expenditures of the workers' compensation court. The

administrator of the fund shall on July 1st of each fiscal year transfer those funds that are

reasonable and necessary to fund all expenditures of the workers' compensation court for the

fiscal year from the administrative account, to a restricted receipt account to be established in the

judicial department. The administrator of the workers' compensation court is authorized to draw

funds from the restricted receipt account for all court expenditures;

     (4) To provide funds to the department of labor and training for all expenditures incurred

in administering its responsibilities under chapters 29 -- 38 of this title;

     (5) To provide funds to the department of labor and training for all expenditures incurred

in investigating and processing or otherwise administering its responsibilities regarding claims for

benefits or payments under §§ 28-35-20, 28-37-4, and 28-37-8;

     (6) To provide funds to the department of labor and training for the maintenance and

operation of a system of data collection as provided for in § 28-37-31. The director shall be

authorized to purchase and/or lease equipment necessary to effectuate the purposes of § 28-37-31;

     (7) To provide funds for loans to the state compensation insurance fund as provided in §§

27-7.2-19 and 27-7.2-20.1; and

     (8) To provide funds for the payment or reimbursement of actual incremental costs of

COLA increases mandated by § 28-33-17 respecting injuries occurring prior to September 1,

1990, in such amounts as the director, in his or her sole discretion, deems appropriate. These

amounts may be paid out of the fund by order of the director and shall be made by order drawn on

the general treasury to be charged against the fund.

     (9) To provide funds to the workers' compensation advisory council created pursuant to

the provisions of § 28-29-30 for expenditures to carry out its responsibilities.

     (10) To provide funds to the department of business regulation relating to the evaluation

of rate filings, reviews, and pricing procedures pursuant to the provisions of § 27-9-52.

     (11) To provide funds for the Rhode Island uninsured employers' fund as established by

chapter 53 of title 28.

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

is hereby amended to read as follows:

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

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

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

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

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

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

department of administration for the payment of debt service. These indirect cost recoveries shall

be applied to all accounts, unless prohibited by federal law or regulation, court order, or court

settlement. The following restricted receipt accounts shall not be subject to the provisions of this

section:

     Executive Office of Health and Human Services

     Organ Transplant Fund

     HIV Care Grant Drug Rebates

     Department of Human Services

     Veterans' home -- Restricted account

     Veterans' home -- Resident benefits

     Pharmaceutical Rebates Account

     Demand Side Management Grants

     Veteran's Cemetery Memorial Fund

     Donations -- New Veterans' Home Construction

     Department of Health

     Providence Water Lead Grant

     Pandemic medications and equipment account

     Miscellaneous Donations/Grants from Non-Profits

     State Loan Repayment Match

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

     Eleanor Slater non-Medicaid third-party payor account

     Hospital Medicare Part D Receipts

     RICLAS Group Home Operations

     Commission on the Deaf and Hard of Hearing

     Emergency and public communication access account

     Department of Environmental Management

     National heritage revolving fund

     Environmental response fund II

     Underground storage tanks registration fees

     Rhode Island Historical Preservation and Heritage Commission

     Historic preservation revolving loan fund

     Historic Preservation loan fund -- Interest revenue

     Department of Public Safety

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     Forfeited property -- Retained

     Forfeitures -- Federal

     Forfeited property -- Gambling

     Donation -- Polygraph and Law Enforcement Training

     Rhode Island State Firefighter's League Training Account

     Fire Academy Training Fees Account

     Attorney General

     Forfeiture of property

     Federal forfeitures

     Attorney General multi-state account

     Forfeited property -- Gambling

     Department of Administration

     RI Health Benefits Exchange

     Office of Management and Budget

     Information Technology Investment Fund

     Restore and replacement -- Insurance coverage

     Convention Center Authority rental payments

     Investment Receipts -- TANS

     Car Rental Tax/Surcharge-Warwick Share

     Housing Resources Commission Restricted Account

     Department of Revenue

     DMV Modernization Project

     Jobs Tax Credit Redemption Fund

     Legislature

     Audit of federal assisted programs

     Department of Children, Youth and Families

     Children's Trust Accounts -- SSI

     Military Staff

     RI Military Family Relief Fund

     RI National Guard Counterdrug Program

     Treasury

     Admin. Expenses -- State Retirement System

     Retirement -- Treasury Investment Options

     Defined Contribution -- Administration - RR

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     Violent Crimes Compensation -- Refunds

     Treasury Research Fellowship

     Business Regulation

     Banking Division Reimbursement Account

     Office of the Health Insurance Commissioner Reimbursement Account

     Securities Division Reimbursement Account

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

     Insurance Division Reimbursement Account

     Historic Preservation Tax Credit Account.

     Judiciary

     Arbitration Fund Restricted Receipt Account

     Third-Party Grants

     RI Judiciary Technology Surcharge Account

     Department of Elementary and Secondary Education

     Statewide Student Transportation Services Account

     School for the Deaf Fee for Service Account

     Davies Career and Technical School Local Education Aid Account

     Davies -- National School Breakfast & Lunch Program

     Office of the Post-Secondary Commissioner

     Westerly Higher Education and Industry Center

     Department of Labor and Training

     Job Development Fund

     Department of Transportation

     Rhode Island Highway Maintenance Account

     Workers' Compensation Administration Fund

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION

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     This act would prevent funds from the workers' compensation administrative fund

restricted receipts account from being transferred to the general fund. The act would also

authorize the workers' compensation administrative fund to transfer funds to the Rhode Island

uninsured employers' fund.

     This act would take effect upon passage.

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