H7200

	2018 -- H 7200
	========
	LC003937
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2018
	____________
	A N A C T
	MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL
	YEAR ENDING JUNE 30, 2019

	Introduced By: Representative Marvin L. Abney
	Date Introduced: January 18, 2018
	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 2019
2	ARTICLE 2 RELATING TO STATE FUNDS
3	ARTICLE 3 RELATING TO GOVERNMENT REFORM
4	ARTICLE 4 RELATING TO TAXES AND REVENUE
5	ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM
6	ARTICLE 6 RELATING TO LICENSING
7	ARTICLE 7 RELATING TO FEES
8	ARTICLE 8 RELATING TO MOTOR VEHICLES
9	ARTICLE 9 RELATING TO SCHOOL CONSTRUCTION AND EDUCATION
10	ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT
11	OF FY 2018
12	ARTICLE 11 RELATING TO WORKFORCE DEVELOPMENT
13	ARTICLE 12 RELATING TO ECONOMIC DEVELOPMENT
14	ARTICLE 13 RELATING TO MEDICAL ASSISTANCE
15	ARTICLE 14 RELATING TO MEDICAID RESOLUTION
16	ARTICLE 15 RELATING TO CHILDREN AND FAMILIES
17	ARTICLE 16 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
18	ARTICLE 17 RELATING TO THE EDWARD O. HAWKINS AND THOMAS C. SLATER

1	MEDICAL MARIJUANA ACT
2	ARTICLE 18 RELATING TO EFFECTIVE DATE
	LC003937 - Page 2 of 402
1	ARTICLE 1
2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2019
3	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
4	in this act, the following general revenue amounts are hereby appropriated out of any money in
5	the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
6	2019. The amounts identified for federal funds and restricted receipts shall be made available
7	pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the
8	purposes and functions hereinafter mentioned, the state controller is hereby authorized and
9	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
10	portions thereof as may be required from time to time upon receipt by him or her of properly
11	authenticated vouchers.
12	Administration
13	Central Management
14	General Revenues 2,869,675
15	Total – Central Management 2,869,675
16	Legal Services
17	General Revenues 2,376,888
18	Total – Legal Services 2,376,888
19	Accounts and Control
20	General Revenues 5,273,496
21	Restricted Receipt – OPEB Board Administration 225,295
22	Total – Accounts and Control 5,498,791
23	Office of Management and Budget
24	General Revenues 9,039,148
25	Restricted Receipts 300,046
26	Other Funds 1,222,835
27	Total – Office of Management and Budget 10,562,029
28	Purchasing
29	General Revenues 2,821,641
30	Restricted Receipts 540,000
31	Other Funds 463,729
32	Total – Purchasing 3,825,370
33	Human Resources
34	General Revenues 1,274,257
	LC003937 - Page 3 of 402
1	Total – Human Resources 1,274,257
2	Personnel Appeal Board
3	General Revenues 149,477
4	Total – Personnel Appeal Board 149,477
5	Information Technology
6	General Revenues 1,470,255
7	Federal Funds 115,000
8	Restricted Receipts 10,228,243
9	Other Funds 88,071
10	Total – Information Technology 11,901,569
11	Library and Information Services
12	General Revenues 1,426,852
13	Federal Funds 1,220,416
14	Restricted Receipts 5,500
15	Total – Library and Information Services 2,652,768
16	Planning
17	General Revenues 498,353
18	Federal Funds 15,448
19	Other Funds
20	Air Quality Modeling 24,000
21	Federal Highway – PL Systems Planning 3,654,326
22	FTA – Metro Planning Grant 1,063,699
23	Total Other Funds
24	Total – Planning 5,255,826
25	General
26	General Revenues
27	Miscellaneous Grants/Payments 100,000
28	Provided that this amount be allocated to City Year for the Whole School Child Program,
29	which provides individualized support to at-risk students.
30	Torts – Courts/Awards 400,000
31	State Employees/Teachers Retiree Health Subsidy 2,321,057
32	Resource Sharing and State Library Aid 9,362,072
33	Library Construction Aid 2,176,471
34	General Revenues Total 14,359,600
	LC003937 - Page 4 of 402
1	Restricted Receipts 700,000
2	Rhode Island Capital Plan Funds
3	Security Measures State Buildings 250,000
4	Energy Efficiency Improvements 500,000
5	Cranston Street Armory 500,000
6	State House Energy Management Improvement 150,000
7	State House Renovations 1,175,000
8	Zambarano Building Rehabilitation 1,500,000
9	Cannon Building 600,000
10	Old State House 500,000
11	State Office Building 350,000
12	Old Colony House 50,000
13	William Powers Building 2,000,000
14	Pastore Center Utility System Upgrades 1,300,000
15	Pastore Center Rehabilitation 2,000,000
16	Replacement Fuel Tanks 300,000
17	Environmental Compliance 200,000
18	Big River Management Area 100,000
19	Pastore Center Building Demolition 750,000
20	Washington County Government Center 950,000
21	Veterans Memorial Auditorium 200,000
22	Chapin Health Laboratory 1,000,000
23	Shepard Building Upgrades 650,000
24	Pastore Center Water Tanks 280,000
25	RI Convention Center Authority 1,000,000
26	Dunkin Donuts Center 1,500,000
27	Mathias Building Renovations 7,175,000
28	Pastore Power Plan Rehabilitation 750,000
29	Accessibility – Facility Renovations 500,000
30	Hospital Consolidation 11,810,000
31	Information Operations System 800,000
32	Other Funds Total 38,840,000
33	Total – General 53,899,600
34	Debt Service Payments
	LC003937 - Page 5 of 402
1	General Revenues 141,761,915
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 1,870,830
6	Other Funds
7	Transportation Debt Service 40,022,948
8	Investment Receipts – Bond Funds 100,000
9	Other Funds Total 40,122,948
10	Total - Debt Service Payments 183,755,693
11	Energy Resources
12	Federal Funds 524,820
13	Restricted Receipts 8,179,192
14	Total – Energy Resources 8,704,012
15	Rhode Island Health Exchange
16	General Revenue 2,363,841
17	Federal Funds 138,089
18	Restricted Receipts 5,754,213
19	Total – Rhode Island Health Exchange 8,256,143
20	Office of Diversity, Equity & Opportunity
21	General Revenues 1,253,362
22	Other Funds 113,530
23	Total – Office of Diversity, Equity & Opportunity 1,366,892
24	Capital Asset Management and Maintenance
25	General Revenues 9,804,474
26	Total – Capital Asset Management and Maintenance 9,804,474
27	Personnel/Operating Reforms
28	General Revenues (13,700,000)
29	Total- Personnel/Operating Reforms (13,700,000)
30	Grand Total – General Revenues - Administration 183,043,234
31	Grand Total – Administration 298,453,464
32	Business Regulation
33	Central Management
34	General Revenues 2,213,227
	LC003937 - Page 6 of 402
1	Total – Central Management 2,213,227
2	Banking Regulation
3	General Revenues 1,820,725
4	Restricted Receipts 75,000
5	Total – Banking Regulation 1,895,725
6	Securities Regulation
7	General Revenues 992,821
8	Restricted Receipts 15,000
9	Total – Securities Regulation 1,007,821
10	Insurance Regulation
11	General Revenues 3,872,109
12	Restricted Receipts 1,994,860
13	Total – Insurance Regulation 5,866,969
14	Office of the Health Insurance Commissioner
15	General Revenues 1,638,304
16	Federal Funds 513,791
17	Restricted Receipts 234,507
18	Total – Office of the Health Insurance Commissioner 2,386,602
19	Board of Accountancy
20	General Revenues 6,000
21	Total – Board of Accountancy 6,000
22	Commercial Licensing, Racing & Athletics
23	General Revenues 1,088,106
24	Restricted Receipts 2,210,146
25	Total – Commercial Licensing, Racing & Athletics 3,298,252
26	Building, Design and Fire Professionals
27	General Revenues 5,535,059
28	Federal Funds 378,840
29	Restricted Receipts 1,875,299
30	Other Funds
31	Quonset Development Corporation 66,497
32	Other Funds Total 66,497
33	Total – Building, Design and Fire Professionals 7,855,695
34	Grand Total – General Revenues – Business Regulation 17,166,351
	LC003937 - Page 7 of 402
1	Grand Total – Business Regulation 24,530,291
2	Executive Office of Commerce
3	Central Management
4	General Revenues 1,287,095
5	Total – Central Management 1,287,095
6	Housing and Community Development
7	General Revenues 906,165
8	Federal Funds 14,445,458
9	Restricted Receipts 4,754,319
10	Total – Housing and Community Development 20,105,942
11	Quasi–Public Appropriations
12	General Revenues
13	Rhode Island Commerce Corporation 7,474,514
14	Airport Impact Aid 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
17	the total passengers served by all airports serving more the 1,000,000 passengers. Forty percent
18	(40%) of the first $1,000,000 shall be distributed based on the share of landings during the
19	calendar year 2018 at North Central Airport, Newport-Middletown Airport, Block Island Airport,
20	Quonset Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island
21	Commerce Corporation shall make an impact payment to the towns or cities in which the airport
22	is located based on this calculation. Each community upon which any parts of the above airports
23	are located shall receive at least $25,000.
24	STAC Research Alliance 900,000
25	Innovative Matching Grants/Internships 1,000,000
26	I-195 Redevelopment District Commission 761,000
27	Chafee Center at Bryant 376,200
28	Polaris Manufacturing Grant 350,000
29	Urban Ventures Grant 140,000
30	General Revenues Total 12,026,714
31	Other Funds
32	Rhode Island Capital Plan Funds
33	I-195 Commission 300,000
34	Quonset Piers 2,000,000
	LC003937 - Page 8 of 402
1	Quonset Point Infrastructure 4,000,000
2	Other Funds Total 6,300,000
3	Total – Quasi–Public Appropriations 18,326,714
4	Economic Development Initiatives Fund
5	General Revenues
6	Innovation Initiative 1,000,000
7	I-195 Redevelopment Fund 1,000,000
8	Small Business Assistance 500,000
9	Rebuild RI Tax Credit Fund 15,500,000
10	Competitive Cluster Grants 100,000
11	Main Street RI Streetscape 500,000
12	First Wave Closing Fund 1,000,000
13	P-tech 200,000
14	Municipal Technical Assistance 200,000
15	Land Assembly 200,000
16	Small Business Promotion 475,000
17	Manufacturing Investment Tax Credit 300,000
18	General Revenues Total 20,975,000
19	Total – Economic Development Initiatives Fund 20,975,000
20	Commerce Programs
21	General Revenues
22	Wavemaker Fellowship 1,600,000
23	Air Service Development Fund 500,000
24	TSA Incentive 20,000
25	General Revenues Total 2,120,000
26	Total – Commerce Programs 2,120,000
27	Grand Total - General Revenues - Commerce 37,314,974
28	Grand Total – Executive Office of Commerce 62,814,751
29	Labor and Training
30	Central Management
31	General Revenues 720,670
32	Restricted Receipts 176,511
33	Other Funds
34	Rhode Island Capital Plan Funds
	LC003937 - Page 9 of 402
1	Center General Asset Protection 750,000
2	Other Funds Total 750,000
3	Total – Central Management 1,647,181
4	Workforce Development Services
5	General Revenues 1,577,198
6	Federal Funds 20,986,909
7	Restricted Receipts 27,940,577
8	Other Funds 139,261
9	Total – Workforce Development Services 50,643,945
10	Workforce Regulation and Safety
11	General Revenues 3,050,762
12	Restricted Receipts 558,142
13	Total – Workforce Regulation and Safety 3,608,904
14	Income Support
15	General Revenues 3,937,699
16	Federal Funds 19,921,142
17	Restricted Receipts 1,980,642
18	Other Funds
19	Temporary Disability Insurance Fund 203,411,107
20	Employment Security Fund 159,220,000
21	Other Funds Total 362,631,107
22	Total – Income Support 388,470,590
23	Injured Workers Services
24	Restricted Receipts 9,329,210
25	Total – Injured Workers Services 9,329,210
26	Labor Relations Board
27	General Revenues 404,420
28	Total – Labor Relations Board 404,420
29	Grand Total – General Revenues Labor and Training 9,690,749
30	Grand Total – Labor and Training 454,104,250
31	Department of Revenue
32	Director of Revenue
33	General Revenues 2,144,460
34	Total – Director of Revenue 2,144,460
	LC003937 - Page 10 of 402
1	Office of Revenue Analysis
2	General Revenues 883,408
3	Total – Office of Revenue Analysis 883,408
4	Lottery Division
5	Other Funds 400,184,045
6	Total – Lottery Division 400,184,045
7	Municipal Finance
8	General Revenues 2,178,455
9	Total – Municipal Finance 2,178,455
10	Taxation
11	General Revenues 27,010,311
12	Federal Funds 1,912,976
13	Restricted Receipts 627,411
14	Other Funds
15	Motor Fuel Tax Evasion 173,651
16	Temporary Disability Insurance Fund 670,661
17	Other Funds Total 844,312
18	Total – Taxation 30,395,010
19	Registry of Motor Vehicles
20	General Revenues 29,613,674
21	Federal Funds 196,489
22	Restricted Receipts 514,763
23	Total – Registry of Motor Vehicles 30,324,926
24	State Aid
25	General Revenues
26	Distressed Communities Relief Fund 12,384,458
27	Payment in Lieu of Tax Exempt Properties 46,089,504
28	Motor Vehicle Excise Tax Payments 54,748,948
29	Property Revaluation Program 1,630,534
30	General Revenues Total 114,853,444
31	Restricted Receipts 922,013
32	Total – State Aid 115,775,457
33	Collections
34	General Revenues 591,609
	LC003937 - Page 11 of 402
1	Total – Collections 591,609
2	Grand Total – General Revenues - Revenue 177,275,361
3	Grand Total – Revenue 582,477,370
4	Legislature
5	General Revenues 42,914,338
6	Restricted Receipts 1,720,695
7	Grand Total – Legislature 44,635,033
8	Lieutenant Governor
9	General Revenues 1,039,971
10	Grand Total – Lieutenant Governor 1,039,971
11	Secretary of State
12	Administration
13	General Revenues 3,377,583
14	Total – Administration 3,377,583
15	Corporations
16	General Revenues 2,287,410
17	Total – Corporations 2,287,410
18	State Archives
19	General Revenues 91,577
20	Restricted Receipts 415,658
21	Total – State Archives 507,235
22	Elections and Civics
23	General Revenues 2,881,418
24	Total – Elections and Civics 2,881,418
25	State Library
26	General Revenues 613,236
27	Total – State Library 613,236
28	Provided that $125,000 be allocated to support the Rhode Island Historical Society
29	pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the
30	Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.
31	Office of Public Information
32	General Revenues 609,880
33	Receipted Receipts 25,000
34	Total – Office of Public Information 634,880
	LC003937 - Page 12 of 402
1	Grand Total – General Revenues – Secretary of State 9,861,104
2	Grand Total – Secretary of State 10,301,762
3	General Treasurer
4	Treasury
5	General Revenues 2,684,347
6	Federal Funds 304,542
7	Other Funds
8	Temporary Disability Insurance Fund 275,471
9	Tuition Savings Program – Administration 379,213
10	Other Funds Total 654,684
11	Total – General Treasurer 3,643,573
12	State Retirement System
13	Restricted Receipts
14	Admin Expenses – State Retirement System 9,571,688
15	Retirement – Treasury Investment Operations 1,672,096
16	Defined Contribution – Administration 115,436
17	Total – State Retirement System 11,359,220
18	Unclaimed Property
19	Restricted Receipts 25,587,830
20	Total – Unclaimed Property 25,587,830
21	Crime Victim Compensation Program
22	General Revenues 283,285
23	Federal Funds 770,332
24	Restricted Receipts 1,029,931
25	Total – Crime Victim Compensation Program 2,083,548
26	Grand Total – General Revenues – General Treasurer 2,967,632
27	Grand Total – General Treasurer 42,674,171
28	Board of Elections
29	General Revenues 5,315,517
30	Grand Total – Board of Elections 5,315,517
31	Rhode Island Ethics Commission
32	General Revenues 1,770,560
33	Grand Total – Rhode Island Ethics Commission 1,770560
34	Office of Governor
	LC003937 - Page 13 of 402
1	General Revenues
2	General Revenues 5,295,728
3	Contingency Fund 250,000
4	General Revenues Total 5,545,728
5	Grand Total – Office of Governor 5,545,728
6	Commission for Human Rights
7	General Revenues 1,310,456
8	Federal Funds 497,570
9	Grand Total – Commission for Human Rights 1,808,026
10	Public Utilities Commission
11	Federal Funds 168,378
12	Restricted Receipts 10,493,027
13	Grand Total – Public Utilities Commission 10,661,405
14	Office of Health and Human Services
15	Central Management
16	General Revenues 30,110,832
17	Federal Funds 100,927,845
18	Restricted Receipts 9,221,720
19	Total – Central Management 140,260,397
20	Medical Assistance
21	General Revenues
22	Managed Care 308,703,875
23	Hospitals 68,963,577
24	Nursing Facilities 88,251,917
25	Home and Community Based Services 22,943,006
26	Other Services 66,836,060
27	Pharmacy 63,486,039
28	Rhody Health 286,611,887
29	General Revenues Total 905,796,361
30	Federal Funds
31	Managed Care 397,005,513
32	Hospitals 74,564,167
33	Nursing Facilities 96,723,804
34	Home and Community Based Services 31,159,449
	LC003937 - Page 14 of 402
1	Other Services 466,249,281
2	Pharmacy (1,086,369)
3	Rhody Health 312,283,711
4	Other Programs 43,038,580
5	Federal Funds Total 1,419,938,136
6	Restricted Receipts 11,274,268
7	Total – Medical Assistance 2,337,008,765
8	Grand Total – General Revenues - OHHS 935,907,193
9	Grand Total – Office of Health and Human Services 2,477,269,162
10	Children, Youth, and Families
11	Central Management
12	General Revenues 8,667,600
13	Federal Funds 4,407,612
14	Total – Central Management 13,075,212
15	Children's Behavioral Health Services
16	General Revenues 6,884,491
17	Federal Funds 5,713,527
18	Total – Children's Behavioral Health Services 12,598,018
19	Juvenile Correctional Services
20	General Revenues 25,645,396
21	Federal Funds 275,099
22	Other Funds
23	Rhode Island Capital Plan Funds
24	RITS Maintenance Building 1,900,000
25	Other Funds Total 1,900,000
26	Total – Juvenile Correctional Services 27,820,495
27	Child Welfare
28	General Revenues
29	General Revenues 95,941,301
30	18 to 21 Year Olds 11,298,418
31	General Revenue Total 107,239,719
32	Federal Funds
33	Federal Funds 43,308,780
34	18 to 21 Year Olds 2,235,633
	LC003937 - Page 15 of 402
1	Federal Funds Total 45,544,413
2	Restricted Receipts 2,674,422
3	Total – Child Welfare 155,458,554
4	Higher Education Incentive Grants
5	General Revenues 200,000
6	Total – Higher Education Incentive Grants 200,000
7	Grand Total – General Revenues - DYCF 148,637,206
8	Grand Total – Children, Youth, and
9	Families 209,152,279
10	Health
11	Central Management
12	General Revenues 2,081,730
13	Federal Funds 4,028,206
14	Restricted Receipts 6,217,459
15	Total – Central Management 12,327,395
16	Community Health and Equity
17	General Revenues 631,894
18	Federal Funds 68,003,092
19	Restricted Receipts 35,134,450
20	Total – Community Health and Equity 103,769,436
21	Environmental Health
22	General Revenues 5,591,236
23	Federal Funds 7,279,083
24	Restricted Receipts 353,936
25	Total – Environmental Health 13,224,255
26	Health Laboratories and Medical Examiner
27	General Revenues 10,302,526
28	Federal Funds 2,108,567
29	Total – Health Laboratories and Medical Examiner 12,411,093
30	Customer Services
31	General Revenues 6,428,386
32	Federal Funds 3,770,808
33	Restricted Receipts 1,325,336
34	Total – Customer Services 11,524,530
	LC003937 - Page 16 of 402
1	Policy, Information and Communications
2	General Revenues 1,027,037
3	Federal Funds 2,701,982
4	Restricted Receipts 941,305
5	Total – Policy, Information and Communications 4,670,324
6	Preparedness, Response, Infectious Disease & Emergency Services
7	General Revenues 1,946,414
8	Federal Funds 13,418,085
9	Total – Preparedness, Response, Infectious Disease &
10	Emergency Services 15,364,499
11	Grand Total – General Revenues - Health 28,009,223
12	Grand Total - Health 173,291,532
13	Human Services
14	Central Management
15	General Revenues 3,931,863
16	Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to
17	provide direct services through the Coalition Against Domestic Violence, $250,000 is to support
18	Project Reach activities provided by the RI Alliance of Boys and Girls Club, $217,000 is for
19	outreach and supportive services through Day One, $175,000 is for food collection and
20	distribution through the Rhode Island Community Food Bank, $300,000 for services provided to
21	the homeless at Crossroad Rhode Island, and $520,000 for the Community Action Fund.
22	Federal Funds 4,841,578
23	Restricted Receipts 105,606
24	Total – Central Management 8,879,047
25	Child Support Enforcement
26	General Revenues 1,941,524
27	Federal Funds 8,050,859
28	Total – Child Support Enforcement 9,992,383
29	Individual and Family Support
30	General Revenues 22,214,417
31	Federal Funds 105,699,751
32	Restricted Receipts 7,422,660
33	Other Funds
34	Food Stamp Bonus Funding 170,000
	LC003937 - Page 17 of 402
1	Intermodal Surface Transportation Fund 4,428,478
2	Rhode Island Capital Plan Funds
3	Blind Vending Facilities 165,000
4	Other Funds Total 4,763,478
5	Total – Individual and Family Support 140,100,306
6	Office of Veterans' Affairs
7	General Revenues 23,140,211
8	Of this amount $200,000 to provide support services through Veteran’s organization.
9	Federal Funds 9,552,957
10	Restricted Receipts 1,313,478
11	Total – Office Veterans' Affairs 34,006,646
12	Health Care Eligibility
13	General Revenues 5,964,525
14	Federal Funds 9,392,121
15	Total – Health Care Eligibility 15,356,646
16	Supplemental Security Income Program
17	General Revenues 19,574,400
18	Total – Supplemental Security Income Program 19,574,400
19	Rhode Island Works
20	General Revenues 17,962,073
21	Federal Funds 84,029,810
22	Total – Rhode Island Works 101,991,883
23	Other Programs
24	General Revenues 1,336,400
25	Of this appropriation, $90,000 shall be used for hardship contingency payments.
26	Federal Funds 282,130,537
27	Total – Other Programs 283,466,937
28	Elderly Affairs
29	General Revenues 7,636,741
30	Of this amount, $140,000 to provide elder services, including respite, through the
31	Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term
32	in accordance with RIGL 42-66.7, $85,000 for security for housing for the elderly in accordance
33	with RIGL 42-66.1-3, $800,000 for Senior Center Support and $580,000 for elderly nutrition, of
34	which $530,000 is for Meals on Wheels.
	LC003937 - Page 18 of 402
1	Federal Funds 12,664,605
2	Restricted Receipts 154,808
3	Total – Elderly Affairs 20,456,154
4	Grand Total – General Revenues – Human Services 103,702,154
5	Grand Total – Human Services 633,824,402
6	Behavioral Healthcare, Developmental Disabilities, and Hospitals
7	Central Management
8	General Revenues 1,940,068
9	Federal Funds 734,643
10	Total – Central Management 2,674,711
11	Hospital and Community System Support
12	General Revenues 2,569,849
13	Other Funds
14	Rhode Island Capital Plan Funds
15	Medical Center Rehabilitation 300,000
16	Other Funds Total 300,000
17	Total – Hospital and Community System Support 2,869,849
18	Services for the Developmentally Disabled
19	General Revenues 116,720,695
20	Federal Funds 131,367,987
21	Restricted Receipts 1,419,750
22	Other Funds
23	Rhode Island Capital Plan Funds
24	DD Private Waiver Fire Code 100,000
25	Regional Center Repair/Rehabilitation 300,000
26	Community Facilities Fire Code 400,000
27	MR Community Facilities/Access to Independence 500,000
28	Other Funds Total 1,300,000
29	Total – Services for the Developmentally Disabled 250,808,432
30	Behavioral Healthcare Services
31	General Revenues 3,552,823
32	Federal Funds 23,493,261
33	Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse
34	Task Forces and $128,000 shall be expended on NAMI of RI.
	LC003937 - Page 19 of 402
1	Restricted Receipts 100,000
2	Other Funds
3	Rhode Island Capital Plan Funds
4	MH Community Facilities Repair 200,000
5	Substance Abuse Asset Protection 200,000
6	Other Funds Total 400,000
7	Total – Behavioral Healthcare Services 27,546,084
8	Hospital and Community Rehabilitative Services
9	General Revenues 54,618,056
10	Federal Funds 57,374,123
11	Restricted Receipts 3,552,672
12	Other Funds
13	Rhode Island Capital Plan Funds
14	Zambarano Buildings and Utilities 250,000
15	Eleanor Slater HVAC/Elevators 250,000
16	MR Community Facilities 500,000
17	Hospital Equipment 300,000
18	Other Funds Total 1,300,000
19	Total - Hospital and Community Rehabilitative Services 116,844,851
20	Grand Total – General Revenues - BHDDH 179,401,491
21	Grand Total – Behavioral Healthcare, Developmental
22	Disabilities, and Hospitals 400,743,927
23	Office of the Child Advocate
24	General Revenue 923,704
25	Federal Funds 147,642
26	Grand Total – Office of the Child Advocate 1,071,346
27	Commission on the Deaf and Hard of Hearing
28	General Revenues 511,467
29	Restricted Receipts 80,000
30	Grand Total – Comm. On Deaf and Hard of Hearing 591,467
31	Governor’s Commission on Disabilities
32	General Revenues 492,557
33	Federal Funds 335,167
34	Restricted Receipts 49,571
	LC003937 - Page 20 of 402
1	Total – Governor’s Commission on Disabilities 877,295
2	Office of the Mental Health Advocate
3	General Revenues 639,764
4	Grand Total – Office of the Mental Health Advocate 639,764
5	Elementary and Secondary Education
6	Administration of the Comprehensive Education Strategy
7	General Revenues 20,300,293
8	Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
9	Hospital pursuant to RIGL 17-7-20 and that $245,000 be allocated to support child opportunity
10	zones through agreements with the Department of Elementary and Secondary Education to
11	strengthen education, health and social services for students and their families as a strategy to
12	accelerate student achievement.
13	Federal Funds 212,575,621
14	Restricted Receipts
15	Restricted Receipts 2,633,393
16	HRIC Adult Education Grants 3,500,000
17	Restricted Receipts Total 6,133,393
18	Total – Admin. of the Comprehensive Ed. Strategy 239,009,307
19	Davies Career and Technical School
20	General Revenues 13,329,558
21	Federal Funds 1,344,928
22	Restricted Receipts 3,900,067
23	Other Funds
24	Rhode Island Capital Plan Funds
25	Davies HVAC 1,974,000
26	Davies Asset Protection 150,000
27	Other Funds Total 2,124,000
28	Total – Davies Career and Technical School 20,698,553
29	RI School for the Deaf
30	General Revenues 6,339,177
31	Federal Funds 554,925
32	Restricted Receipts 837,032
33	Other Funds
34	Transformation Grants 59,000
	LC003937 - Page 21 of 402
1	Rhode Island Capital Plan Funds
2	Asset Protection 50,000
3	Other Funds Total 109,000
4	Total – RI School for the Deaf 7,840,134
5	Metropolitan Career and Technical School
6	General Revenues 9,342,007
7	Other Funds
8	Rhode Island Capital Plan Funds
9	MET Asset Protection 250,000
10	Other Funds Total 250,000
11	Total – Metropolitan Career and Technical School 9,592,007
12	Education Aid
13	General Revenues 902,925,515
14	Restricted Receipts 24,884,884
15	Other Funds
16	Permanent School Fund – Education Aid 1,420,000
17	Provided that $300,000 be provided to support the Advanced Coursework Network and
18	$1,120,000 be provided to support Early Childhood Categorical Fund.
19	Total – Education Aid 929,230,399
20	Central Falls School District
21	General Revenues 40,397,886
22	Total – Central Falls School District 40,397,886
23	School Construction Aid
24	General Revenues
25	School Housing Aid 69,448,781
26	School Building Authority Fund 10,551,219
27	Total – School Construction Aid 80,000,000
28	Teachers' Retirement
29	General Revenues 107,118,409
30	Total – Teachers’ Retirement 107,118,409
31	Grand Total – General Revenues – Elementary &
32	Secondary Ed 1,179,752,845
33	Grand Total – Elementary and Secondary Education 1,433,886,695
34	Public Higher Education
	LC003937 - Page 22 of 402
1	Office of the Postsecondary Commissioner
2	General Revenues 16,776,572
3	Provided that $355,000 shall be allocated the Rhode Island College Crusade pursuant to
4	the RIGL 16-70-5 and that $30,000 shall be allocated to Best Buddies Rhode Island to support its
5	programs for children with developmental and intellectual disabilities. It is also provided that
6	$6,350,000 shall be allocated to the Rhode Island Promise Scholarship program.
7	Federal Funds
8	Federal Funds 3,524,589
9	Guaranty Agency Administration 2,259,418
10	Guaranty Agency Operating Fund-Scholarships & Grants 4,000,000
11	Federal Funds Total 9,784,007
12	Restricted Receipts 2,192,590
13	Other Funds
14	Tuition Savings Program – Dual Enrollment 1,800,000
15	Tuition Savings Program – Scholarships and Grants 6,095,000
16	Nursing Education Center – Operating 3,204,732
17	Rhode Island Capital Plan Funds
18	Higher Education Centers 2,000,000
19	Other Funds Total 13,099,732
20	Total – Office of the Postsecondary Commissioner 41,852,901
21	University of Rhode Island
22	General Revenues
23	General Revenues 78,110,451
24	Provided that in order to leverage federal funding and support economic development,
25	$350,000 shall be allocated to the Small Business Development Center and that $50,000 shall be
26	allocated to Special Olympics Rhode Island to support its mission of providing athletic
27	opportunities for individuals with intellectual and developmental disabilities.
28	Debt Service 23,428,285
29	RI State Forensics Laboratory 1,264,277
30	General Revenues Total 102,803,013
31	Other Funds
32	University and College Funds 659,961,744
33	Debt – Dining Services 999,215
34	Debt – Education and General 3,776,722
	LC003937 - Page 23 of 402
1	Debt – Health Services 121,190
2	Debt – Housing Loan Funds 9,454,613
3	Debt – Memorial Union 322,864
4	Debt – Ryan Center 2,388,444
5	Debt – Alton Jones Services 102,690
6	Debt – Parking Authority 1,100,172
7	Debt – Sponsored Research 85,151
8	Debt – Restricted Energy Conservation 482,579
9	Debt – URI Energy Conservation 2,008,847
10	Rhode Island Capital Plan Funds
11	Asset Protection 7,437,161
12	Fine Arts Center Renovation 1,000,000
13	Biological Resources Lab 762,839
14	Other Funds Total 690,004,231
15	Total – University of Rhode Island 792,807,244
16	Rhode Island College
17	General Revenues 49,188,791
18	Debt Service 6,421,067
19	General Revenues Total 55,609,858
20	Other Funds
21	University and College Funds 129,030,562
22	Debt – Education and General 881,090
23	Debt – Housing 369,079
24	Debt – Student Center and Dining 154,437
25	Debt – Student Union 208,800
26	Debt – G.O. Debt Service 1,642,957
27	Debt Energy Conservation 613,925
28	Rhode Island Capital Plan Funds
29	Asset Protection 3,562,184
30	Infrastructure Modernization 3,500,000
31	Academic Building Phase I 4,000,000
32	Master Plan Advanced Planning 150,000
33	Other Funds – Total 144,113,034
34	Total – Rhode Island College 199,722,892
	LC003937 - Page 24 of 402
1	Community College of Rhode Island
2	General Revenues
3	General Revenues 50,935,710
4	Debt Service 1,904,030
5	General Revenues Total 52,839,740
6	Restricted Receipts 694,224
7	Other Funds
8	University and College Funds 104,812,712
9	CCRI Debt Service – Energy Conservation 803,875
10	Rhode Island Capital Plan Funds
11	Asset Protection 2,368,035
12	Knight Campus Lab Renovation 375,000
13	Knight Campus Renewal 3,000,000
14	Other Funds Total 111,359,622
15	Total – Community College of RI 164,893,586
16	Grand Total – General Revenues – Public Higher Ed 228,029,183
17	Grand Total – Public Higher Education 1,199,276,623
18	RI State Council on the Arts
19	General Revenues
20	Operating Support 824,693
21	Grants 1,165,000
22	Provided that $375,000 be provided to support the operational costs of WaterFire
23	Providence art installations.
24	General Revenues Total 1,989,693
25	Federal Funds 719,053
26	Restricted Receipts 5,000
27	Other Funds
28	Art for Public Facilities 400,000
29	Other Funds Total 400,000
30	Grand Total – RI State Council on the Arts 3,113,746
31	RI Atomic Energy Commission
32	General Revenues 1,053,231
33	Restricted Receipts 99,000
34	Other Funds
	LC003937 - Page 25 of 402
1	URI Sponsored Research 268,879
2	Rhode Island Capital Plan Funds
3	RINSC Asset Protection 50,000
4	Other Funds Total 318,879
5	Grand Total – RI Atomic Energy Commission 1,471,110
6	RI Historical Preservation and Heritage Commission
7	General Revenues 1,187,291
8	Provided that $30,000 support the operational costs of the Fort Adam Trust’s restoration
9	activities.
10	Federal Funds 851,540
11	Restricted Receipts 465,870
12	Other Funds
13	RIDOT Project Review 81,589
14	Grand Total – RI Historical Preservation and Heritage Comm. 2,586,290
15	Attorney General
16	Criminal
17	General Revenues 16,833,871
18	Federal Funds 12,710,334
19	Restricted Receipts 139,107
20	Total – Criminal 29,683,312
21	Civil
22	General Revenues 5,366,089
23	Restricted Receipts 644,343
24	Total – Civil 6,010,432
25	Bureau of Criminal Identification
26	General Revenues 1,690,246
27	Total – Bureau of Criminal Identification 1,690,246
28	General
29	General Revenues 3,262,516
30	Other Funds
31	Rhode Island Capital Plan Funds
32	Building Renovations and Repairs 150,000
33	Other Funds Total 150,000
34	Total – General 3,412,516
	LC003937 - Page 26 of 402
1	Grand Total – General Revenues – Attorney General 27,152,722
2	Grand Total – Attorney General 40,796,506
3	Corrections
4	Central Management
5	General Revenues 15,978,466
6	Federal Funds 29,460
7	Total – Central Management 16,007,926
8	Parole Board
9	General Revenues 1,277,949
10	Federal Funds 120,827
11	Total – Parole Board 1,398,776
12	Custody and Security
13	General Revenues 146,468,840
14	Federal Funds 810,693
15	Total – Custody and Security 147,279,533
16	Institutional Support
17	General Revenues 14,449,266
18	Other Funds
19	Rhode Island Capital Plan Funds
20	Asset Protection 3,000,000
21	Maximum – General Renovations 1,000,000
22	General Renovations Women’s 250,000
23	ISC Exterior Envelope and HVAC 1,500,000
24	Medium Infrastructure 5,000,000
25	High Security Renovations and Repairs 1,000,000
26	Other Funds Total 11,750,000
27	Total – Institutional Support 26,199,266
28	Institutional Based Rehab./Population Management
29	General Revenues 13,660,141
30	Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender
31	discharge planning.
32	Federal Funds 545,886
33	Restricted Receipts 44,473
34	Total – Institutional Based Rehab/Population Mgt. 14,250,500
	LC003937 - Page 27 of 402
1	Healthcare Services
2	General Revenues 23,906,188
3	Total – Healthcare Services 23,906,188
4	Community Corrections
5	General Revenues 17,281,996
6	Federal Funds 84,437
7	Restricted Receipts 14,883
8	Total – Community Corrections 17,381,316
9	Grand Total – General Revenues - Corrections 233,022,846
10	Grand Total – Corrections 246,423,505
11	Judiciary
12	Supreme Court
13	General Revenues
14	General Revenues 28,632,746
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 RIGL 12-29-7 and that $90,000 be allocated to Rhode Island Legal Services,
21	Inc. to provide housing and eviction defense to indigent individuals.
22	Defense of Indigents 3,960,979
23	General Revenues Total 32,593,725
24	Federal Funds 139,008
25	Restricted Receipts 3,317,943
26	Other Funds
27	Rhode Island Capital Plan Funds
28	Judicial Complexes - HVAC 1,000,000
29	Judicial Complexes Asset Protection 950,000
30	Licht Judicial Complex Restoration 750,000
31	Licht Window/Exterior Restoration 800,000
32	Noel Shelled Courtroom Build Out 2,339,066
33	Other Funds Total 5,839,066
34	Total - Supreme Court 41,889,742
	LC003937 - Page 28 of 402
1	Judicial Tenure and Discipline
2	General Revenues 147,386
3	Total – Judicial Tenure and Discipline 147,386
4	Superior Court
5	General Revenues 23,552,251
6	Federal Funds 71,376
7	Restricted Receipts 398,089
8	Total – Superior Court 24,021,716
9	Family Court
10	General Revenues 20,897,566
11	Federal Funds 2,577,195
12	Total – Family Court 23,474,761
13	District Court
14	General Revenues 13,420,987
15	Federal Funds 65
16	Restricted Receipts 60,000
17	Total - District Court 13,481,052
18	Traffic Tribunal
19	General Revenues 9,571,159
20	Total – Traffic Tribunal 9,571,159
21	Workers' Compensation Court
22	Restricted Receipts 8,309,954
23	Total – Workers’ Compensation Court 8,309,954
24	Grand Total – General Revenues - Judiciary 100,183,074
25	Grand Total – Judiciary 120,895,770
26	Military Staff
27	General Revenues 3,674,200
28	Federal Funds 18,480,072
29	Restricted Receipts
30	RI Military Family Relief Fund 100,000
31	Restricted Receipts Total 100,000
32	Other Funds
33	Rhode Island Capital Plan Funds
34	Asset Protection 700,000
	LC003937 - Page 29 of 402
1	Joint Force Headquarters Building 4,706,152
2	Other Funds Total 5,406,152
3	Grand Total – General Revenue 3,674,200
4	Grand Total – Military Staff 27,660,424
5	Public Safety
6	Central Management
7	General Revenues 1,189,025
8	Federal Funds 6,714,457
9	Total – Central Management 7,903,482
10	E-911 Emergency Telephone System
11	General Revenues 5,899,730
12	Total – E-911 Emergency Telephone System 5,899,730
13	Security Services
14	General Revenues 24,475,859
15	Total – Security Services 24,475,859
16	Municipal Police Training Academy
17	Federal Funds 372,958
18	Restricted Receipts 253,024
19	Total – Municipal Police Training Academy 625,982
20	State Police
21	General Revenues 69,999,344
22	Federal Funds 8,526,488
23	Restricted Receipts 552,603
24	Other Funds
25	Rhode Island Capital Plan Fund
26	DPS Asset Protection 250,000
27	Training Academy Upgrades 500,000
28	Three-bay Garage 100,000
29	Facilities Master Plan 100,000
30	Lottery Commission Assistance 1,494,883
31	Airport Corporation Assistance 149,811
32	Road Construction Reimbursement 2,201,511
33	Weight and Measurement Reimbursement 304,989
34	Other Funds Total 5,101,194
	LC003937 - Page 30 of 402
1	Total – State Police 84,179,629
2	Grand Total – General Revenue – Public Safety 101,563,958
3	Grand Total – Public Safety 123,084,682
4	Office of Public Defender
5	General Revenues 12,300,887
6	Federal Funds 100,985
7	Grand Total – Office of Public Defender 12,401,872
8	Emergency Management Agency
9	General Revenues 2,108,891
10	Federal Funds 16,335,897
11	Restricted Receipts 450,985
12	Other Funds
13	Rhode Island Capital Plan Fund
14	RI State Communications Network System 1,494,414
15	Other Funds Total 1,494,414
16	Total – Emergency Management Agency 20,390,187
17	Environmental Management
18	Office of the Director
19	General Revenues 6,951,291
20	Of this general revenue amount, $50,000 is appropriated to the Conservation Districts.
21	Federal Funds 212,741
22	Restricted Receipts 3,840,985
23	Total – Office of the Director 11,005,017
24	Natural Resources
25	General Revenues 21,782,910
26	Federal Funds 21,587,314
27	Restricted Receipts 3,993,561
28	Other Funds
29	DOT Recreational Projects 2,339,312
30	Blackstone Bikepath Design 2,075,848
31	Transportation MOU 84,527
32	Rhode Island Capital Plan Funds
33	Recreational Facilities Improvements 1,600,000
34	Galilee Piers Upgrade 1,250,000
	LC003937 - Page 31 of 402
1	Fish & Wildlife Maintenance Facilities 150,000
2	Natural Resources Offices/Visitor’s Center 4,500,000
3	Marine Infrastructure and Pier Development 750,000
4	State Recreation Building Demolition 100,000
5	Other Funds Total 12,849,687
6	Total – Natural Resources 60,213,472
7	Environmental Protection
8	General Revenues 12,488,519
9	Federal Funds 9,963,105
10	Restricted Receipts 9,745,745
11	Other Funds
12	Transportation MOU 55,154
13	Total – Environmental Protection 32,252,523
14	Grand Total – General Revenues – Environmental Mgmt 41,222,720
15	Grand Total – Environmental Management 103,471,012
16	Coastal Resources Management Council
17	General Revenues 2,597,897
18	Federal Funds 2,733,267
19	Restricted Receipts 250,000
20	Other Funds
21	Rhode Island Capital Plan Funds
22	Rhode Island Coastal Storm Risk Study 525,000
23	Narragansett Bay SAMP 150,000
24	Other Funds Total 675,000
25	Grand Total – Coastal Resources Mgmt. Council 6,256,164
26	Transportation
27	Central Management
28	Federal Funds 6,503,262
29	Other Funds
30	Gasoline Tax 4,840,141
31	Other Funds Total 4,840,141
32	Total – Central Management 11,343,403
33	Management and Budget
34	Other Funds
	LC003937 - Page 32 of 402
1	Gasoline Tax 5,282,202
2	Other Funds Total 5,282,202
3	Total – Management and Budget 5,282,202
4	Infrastructure Engineering
5	Federal Funds
6	Federal Funds 281,125,305
7	Federal Funds – Stimulus 4,386,593
8	Federal Funds Total 285,511,898
9	Restricted Receipts 3,034,406
10	Other Funds
11	Gasoline Tax 75,322,045
12	Toll Revenue 41,000,000
13	Land Sale Revenue 2,647,815
14	Rhode Island Capital Plan Funds
15	RIPTA Land and Buildings 90,000
16	RIPTA Pawtucket Bus Hub 946,168
17	RIPTA Providence Transit Connector 1,561,279
18	Highway Improvement Program 35,851,346
19	Other Funds Total 157,418,653
20	Total - Infrastructure Engineering 445,964,957
21	Infrastructure Maintenance
22	Other Funds
23	Gasoline Tax 18,811,422
24	Non-Land Surplus Property 50,000
25	Outdoor Advertising 100,000
26	Utility Access Permit Fees 500,000
27	Rhode Island Highway Maintenance Account 97,007,238
28	Rhode Island Capital Plan Funds Maintenance Facilities
29	Improvements 523,989
30	Salt Storage Facilities 1,000,000
31	Local Roads and Infrastructure 10,000,000
32	Maintenance - Equipment Replacement 1,500,000
33	Train Station Maintenance and Repairs 350,000
34	Other Funds Total 129,842,649
	LC003937 - Page 33 of 402
1	Total – Infrastructure Maintenance 129,842,649
2	Grand Total – Transportation 592,433,211
3	Statewide Totals
4	General Revenues 3,829,280,172
5	Federal Funds 3,091,874,325
6	Restricted Receipts 285,475,852
7	Other Funds 2,171,110,921
8	Statewide Grand Total 9,377,741,270
9	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
10	appropriation.
11	SECTION 3. Upon the transfer of any function of a department or agency to another
12	department or agency, the Governor is hereby authorized by means of executive order to transfer
13	or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
14	thereby.
15	SECTION 4. From the appropriation for contingency shall be paid such sums as may be
16	required at the discretion of the Governor to fund expenditures for which appropriations may not
17	exist. Such contingency funds may also be used for expenditures in the several departments and
18	agencies where appropriations are insufficient, or where such requirements are due to unforeseen
19	conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
20	for the payment of bills incurred due to emergencies or to any offense against public peace and
21	property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
22	amended. All expenditures and transfers from this account shall be approved by the Governor.
23	SECTION 5. The general assembly authorizes the state controller to establish the internal
24	service accounts shown below, and no other, to finance and account for the operations of state
25	agencies that provide services to other agencies, institutions and other governmental units on a
26	cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
27	managed in a businesslike manner, promote efficient use of services by making agencies pay the
28	full costs associated with providing the services, and allocate the costs of central administrative
29	services across all fund types, so that federal and other non-general fund programs share in the
30	costs of general government support. The controller is authorized to reimburse these accounts for
31	the cost of work or services performed for any other department or agency subject to the
32	following expenditure limitations:
33	Account Expenditure Limit
34	State Assessed Fringe Benefit Internal Service Fund 41,383,271
	LC003937 - Page 34 of 402
1	Administration Central Utilities Internal Service Fund 22,910,320
2	State Central Mail Internal Service Fund 6,539,120
3	State Telecommunications Internal Service Fund 3,602,419
4	State Automotive Fleet Internal Service Fund 12,549,973
5	Surplus Property Internal Service Fund 3,000
6	Health Insurance Internal Service Fund 251,953,418
7	State Fleet Revolving Loan Fund 273,786
8	Other Post-Employment Benefits Fund 63,858,483
9	Capitol Police Internal Service Fund 1,285,206
10	Corrections Central Distribution Center Internal Service Fund 6,769,493
11	Correctional Industries Internal Service Fund 8,050,590
12	Secretary of State Record Center Internal Service Fund 947,539
13	Human Resources Internal Service Fund 12,127,873
14	DCAMM Facilities Internal Service Fund 39,212,184
15	Information Technology Internal Service Fund 32,281,052
16	SECTION 6. Legislative Intent - The General Assembly may provide a written
17	"statement of legislative intent" signed by the chairperson of the House Finance Committee and
18	by the chairperson of the Senate Finance Committee to show the intended purpose of the
19	appropriations contained in Section 1 of this Article. The statement of legislative intent shall be
20	kept on file in the House Finance Committee and in the Senate Finance Committee.
21	At least twenty (20) days prior to the issuance of a grant or the release of funds, which
22	grant or funds are listed on the legislative letter of intent, all department, agency and corporation
23	directors, shall notify in writing the chairperson of the House Finance Committee and the
24	chairperson of the Senate Finance Committee of the approximate date when the funds are to be
25	released or granted.
26	SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
27	appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all
28	funds required to be disbursed for the benefit payments from the Temporary Disability Insurance
29	Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2019.
30	SECTION 8. Appropriation of Employment Security Funds -- There is hereby
31	appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to
32	be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending
33	June 30, 2019.
34	SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to
	LC003937 - Page 35 of 402
1	the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes
2	of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2019.
3	SECTION 10. Appropriation of CollegeBoundSaver Funds – There is hereby
4	appropriated to the Office of the General Treasurer designated funds received under the
5	CollegeBoundSaver program for transfer to the Division of Higher Education Assistance within
6	the Office of the Postsecondary Commissioner to support student financial aid for the fiscal year
7	ending June 30, 2019.
8	SECTION 11. Departments and agencies listed below may not exceed the number of full-
9	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
10	not include seasonal or intermittent positions whose scheduled period of employment does not
11	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
12	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
13	individuals engaged in training, the completion of which is a prerequisite of employment.
14	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
15	designee, and the President of the Senate or designee may authorize an adjustment to any
16	limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
17	recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
18	copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
19	the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
20	Senate Fiscal Advisor.
21	State employees whose funding is from non-state general revenue funds that are time
22	limited shall receive limited term appointment with the term limited to the availability of non-
23	state general revenue funding source.
24	FY 2019 FTE POSITION AUTHORIZATION
25	Departments and Agencies Full-Time Equivalent
26	Administration 667.7
27	Business Regulation 170.0
28	Executive Office of Commerce 17.0
29	Labor and Training 428.7
30	Revenue 612.5
31	Legislature 298.5
32	Office of the Lieutenant Governor 8.0
33	Office of the Secretary of State 59.0
34	Office of the General Treasurer 89.0
	LC003937 - Page 36 of 402
1	Board of Elections 12.0
2	Rhode Island Ethics Commission 12.0
3	Office of the Governor 45.0
4	Commission for Human Rights 14.5
5	Public Utilities Commission 57.0
6	Office of Health and Human Services 295.0
7	Children, Youth, and Families 619.5
8	Health 504.6
9	Human Services 981.1
10	Behavioral Healthcare, Developmental Disabilities, and Hospitals 1,319.4
11	Office of the Child Advocate 8.6
12	Commission on the Deaf and Hard of Hearing 4.0
13	Governor’s Commission on Disabilities 4.0
14	Office of the Mental Health Advocate 4.0
15	Elementary and Secondary Education 141.1
16	School for the Deaf 60.0
17	Davies Career and Technical School 126.0
18	Office of Postsecondary Commissioner 38.0
19	Provided that 1.0 of the total authorization would be available only for positions that are
20	supported by third-party funds.
21	University of Rhode Island 2,558.0
22	Provided that 622.8 of the total authorization would be available only for positions that
23	are supported by third-party funds.
24	Rhode Island College 949.2
25	Provided that 76.0 of the total authorization would be available only for positions that are
26	supported by third-party funds.
27	Community College of Rhode Island 854.1
28	Provided that 89.0 of the total authorization would be available only for positions that are
29	supported by third-party funds.
30	Rhode Island State Council on the Arts 8.6
31	RI Atomic Energy Commission 8.6
32	Historical Preservation and Heritage Commission 15.6
33	Office of the Attorney General 235.1
34	Corrections 1,435.0
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1	Judicial 723.5
2	Military Staff 92.0
3	Emergency Management Agency 32.0
4	Public Safety 599.6
5	Office of the Public Defender 95.0
6	Environmental Management 400.0
7	Coastal Resources Management Council 29.0
8	Transportation 795.0
9	Total 15,426.3
10	SECTION 12. The amounts reflected in this Article include the appropriation of Rhode
11	Island Capital Plan funds for fiscal year 2019 and supersede appropriations provided for FY 2019
12	within Section 11 of Article 1 of Chapter 302 of the P.L. of 2017.
13	The following amounts are hereby appropriated out of any money in the State’s Rhode
14	Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
15	June 30, 2020, June 30, 2021, June 30, 2022, and June 30, 2023. These amounts supersede
16	appropriations provided within Section 11 of Article 1 of Chapter 302 of the P.L. of 2017. For the
17	purposes and functions hereinafter mentioned, the State Controller is hereby authorized and
18	directed to draw his or her orders upon the General Treasurer for the payment of such sums and
19	such portions thereof as may be required by him or her upon receipt of properly authenticated
20	vouchers.
21	Fiscal Year Fiscal Year Fiscal Year Fiscal Year
22	Ending Ending Ending Ending
23	Project June 30, 2020 June 30, 2021 June 30, 2022 June 30, 2023
24	DOA – Accessibility 500,000 500,000 1,000,000 1,000,000
25	DOA – Board of Elections/Health/ME Lab 8,000,000 0 0 0
26	DOA – Cannon Building 350,000 3,000,000 3,000,000 1,000,000
27	DOA – Cranston Street Armory 500,000 500,000 2,000,000 3,000,000
28	DOA – Energy Efficiency 500,000 500,000 1,000,000 1,000,000
29	DOA – Hospital Reorganization 4,125,000 0 0 0
30	DOA – Pastore Center Rehab 2,000,000 3,000,000 4,000,000 4,100,000
31	DOA – Security Measures/State
32	Buildings 250,000 250,000 250,000 250,000
33	DOA – Shepard Building 750,000 750,000 750,000 750,000
34	DOA – State House Renovations 1,000,000 500,000 500,000 1,500,000
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1	DOA – State Office Building 1,000,000 1,000,000 1,000,000 1,000,000
2	DOA – Washington County Gov. Center 1,000,000 2,000,000 3,000,000 0
3	DOA – Williams Powers Bldg. 2,000,000 2,000,000 2,250,000 2,250,000
4	DOA – Zambarano Utilities and Mtn. 1,500,000 2,300,000 2,300,000 0
5	EOC – Quonset Point/Davisville Pier 5,000,000 5,000,000 0 0
6	EOC – Quonset Point/EB Pier 4,000,000 6,000,000 0 0
7	DCYF – RITS Repairs 1,700,000 200,000 200,000 200,000
8	EL SEC – Davies School Asset Protection 150,000 150,000 150,000 150,000
9	EL SEC – Met School Asset Protection 250,000 250,000 250,000 250,000
10	OPC- Higher Education Centers 2,000,000 0 0 0
11	URI – Asset Protection 8,326,839 8,531,280 8,700,000 8,874,000
12	URI – Fine Arts Center Renovation 2,000,000 5,000,000 3,000,000 0
13	RIC – Asset Protection 3,669,050 4,150,000 4,233,000 4,318,000
14	RIC – Infrastructure Modernization 3,000,000 3,500,000 4,500,000 2,000,000
15	RIC – Academic Building Phase I 2,000,000 0 0 0
16	CCRI – Asset Protection 2,439,076 2,487,857 2,537,615 2,588,000
17	CCRI – Knight Campus Renewal 2,000,000 2,000,000 0 0
18	CCRI – Flanagan Campus Renewal 0 2,000,000 2,000,000 6,000,000
19	DOC – Asset Protection 3,000,000 3,000,000 4,000,000 4,000,000
20	DOC – ISC Envelope and HVAC 1,500,000 1,550,000 2,000,000 2,500,000
21	DOC – Medium Infrastructure 5,000,000 3,000,000 5,000,000 5,000,000
22	Military Staff Asset Protection 700,000 700,000 800,000 800,000
23	DPS Asset Protection 250,000 250,000 250,000 250,000
24	DEM – Marine Infrastructure/
25	Pier Development 750,000 1,000,000 1,250,000 1,250,000
26	DOT – Highway Improvement Program 32,451,346 32,451,346 32,451,346 27,200,000
27	DOT – Capital Equipment Replacement 1,500,000 1,500,000 1,500,000 1,500,000
28	DOT – Maintenance Facility Imp. 400,000 400,000 400,000 500,000
29	SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.
30	– Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project
31	appropriations may be reappropriated at the recommendation of the Governor in the ensuing
32	fiscal year and made available for the same purpose. However, any such reappropriations are
33	subject to final approval by the General Assembly as part of the supplemental appropriations act.
34	Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated at the
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1	discretion of the State Budget Officer.
2	SECTION 14. For the Fiscal Year ending June 30, 2019, the Rhode Island Housing and
3	Mortgage Finance Corporation shall provide from its resources such sums as appropriate in
4	support of the Neighborhood Opportunities Program. The Corporation shall provide a report
5	detailing the amount of funding provided to this program, as well as information on the number
6	of units of housing provided as a result to the Director of Administration, the Chair of the
7	Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the
8	Senate Finance Committee and the State Budget Officer.
9	SECTION 15. Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode
10	Island General Laws, the Resource Recovery Corporation shall transfer to the State Controller the
11	sum of three million dollars ($3,000,000) by June 30, 2019.
12	SECTION 16. Notwithstanding any provisions of Chapter 55 in Title 42 of the Rhode
13	Island General Laws, the Rhode Island Housing and Mortgage Finance Corporation shall transfer
14	to the State Controller the sum of five million dollars ($5,000,000) by June 30, 2019.
15	SECTION 17. This article shall take effect as of July 1, 2018.
16	ARTICLE 2
17	RELATING TO STATE FUNDS
18	SECTION 1. Section 16-59-9 of the General Laws in Chapter 16-59 entitled “Board of
19	Governors for Higher Education [See Title 16 Chapter 97 – The Rhode Island Board of Education
20	Act]” is hereby amended to read as follows:
21	16-59-9. Educational budget and appropriations.
22	(a) The general assembly shall annually appropriate any sums it deems necessary for
23	support and maintenance of higher education in the state and the state controller is authorized and
24	directed to draw his or her orders upon the general treasurer for the payment of the appropriations
25	or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him
26	or her of proper vouchers as the council on postsecondary education may by rule provide. The
27	council shall receive, review, and adjust the budget for the office of postsecondary commissioner
28	and present the budget as part of the budget for higher education under the requirements of § 35-
29	3-4.
30	(b) The office of postsecondary commissioner and the institutions of public higher
31	education shall establish working capital accounts.
32	(c) Any tuition or fee increase schedules in effect for the institutions of public higher
33	education shall be received by the council on postsecondary education for allocation for the fiscal
34	year for which state appropriations are made to the council by the general assembly; provided that
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1	no further increases may be made by the board of education or the council on postsecondary
2	education for the year for which appropriations are made. Except that these provisions shall not
3	apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode
4	Island, Rhode Island college, and the community colleges including student fees as described in
5	P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch.
6	257 as amended.
7	(d) All housing, dining, and other auxiliary facilities at all public institutions of higher
8	learning shall be self-supporting and no funds shall be appropriated by the general assembly to
9	pay operating expenses, including principal and interest on debt services, and overhead expenses
10	for the facilities, with the exception of the mandatory fees covered by the Rhode Island promise
11	scholarship program as established by § 16-107-3. Any debt-service costs on general obligation
12	bonds presented to the voters in November 2000 and November 2004 or appropriated funds from
13	the Rhode Island capital plan for the housing auxiliaries at the university of Rhode Island and
14	Rhode Island college shall not be subject to this self-supporting requirement in order to provide
15	funds for the building construction and rehabilitation program. The institutions of public higher
16	education will establish policies and procedures that enhance the opportunity for auxiliary
17	facilities to be self-supporting, including that all faculty provide timely and accurate copies of
18	booklists for required textbooks to the public higher educational institution's bookstore.
19	(e) The additional costs to achieve self-supporting status shall be by the implementation
20	of a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,
21	operating expenses, principal, and interest on debt services, and overhead expenses.
22	(f) The board of education is authorized to establish a restricted-receipt account for the
23	Westerly Higher Education and Industry Centers established throughout the state (also known as
24	the Westerly Job Skills Center or Westerly Higher Education Learning Center) and to collect
25	lease payments from occupying companies, and fees from room and service rentals, to support the
26	operation and maintenance of the facility facilities. All such revenues shall be deposited to the
27	restricted-receipt account.
28	SECTION 2. Section 35-3-15 of the General Laws in Chapter 35-3 entitled “State
29	Budget” is hereby amended to read as follows:
30	35-3-15. Unexpended and unencumbered balances of revenue appropriations.
31	(a) All unexpended or unencumbered balances of general revenue appropriations,
32	whether regular or special appropriations, at the end of any fiscal year, shall revert to the surplus
33	account in the general fund, and may be reappropriated by the governor to the ensuing fiscal year
34	and made immediately available for the same purposes as the former appropriations; provided,
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1	that the disposition of unexpended or unencumbered appropriations for the general assembly and
2	legislative agencies shall be determined by the joint committee on legislative affairs, and written
3	notification given thereof to the state controller within twenty (20) days after the end of the fiscal
4	year; and furthermore that the disposition of unexpended or unencumbered appropriations for the
5	judiciary, shall be determined by the state court administrator, and written notification given
6	thereof to the state controller within twenty (20) days after the end of the fiscal year.
7	(b) The governor shall submit a report of such reappropriations to the chairperson of the
8	house finance committee and the chairperson of the senate finance committee of each
9	reappropriation stating the general revenue appropriation, the unexpended or unencumbered
10	balance, the amount reappropriated, and an explanation of the reappropriation and the reason for
11	the reappropriation by August 15 September 1 of each year.
12	SECTION 3. Sections 35-4-23 and 35-4-27 of the General Laws in Chapter 35-4 entitled
13	“State Funds” is hereby amended to read as follows:
14	35-4-23. Rhode Island capital plan funds.
15	(a) From the proceeds of any receipts transferred pursuant to the provisions of the Rhode
16	Island Constitution, the state controller is authorized to create an account or accounts within the
17	bond capital fund. These accounts shall be used to record expenditures from these receipts, which
18	are authorized to be spent with the approval of the governor. Certain of these funds may be
19	allocated to agencies for the purpose of completing preliminary planning studies for proposed
20	projects. In the event the project is completed with funds appropriated from another source, the
21	preliminary planning funds shall be returned to the bond capital fund and shall be placed in a
22	revolving account for future reallocation. The intended use of the Rhode Island capital plan funds
23	shall be determined through the annual capital and operating budget process.
24	(b) The budget officer under provisions within § 35-3-7.2. “Budget officer as capital
25	development officer” shall implement an indirect cost not to exceed 10% of the project
26	expenditures for the purpose of funding direct project management costs of state employees.
27	35-4-27. Indirect cost recoveries on restricted receipt accounts.
28	Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all
29	restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there
30	shall be no transfer from cash receipts with restrictions received exclusively: (1) From
31	contributions from non-profit charitable organizations; (2) From the assessment of indirect cost-
32	recovery rates on federal grant funds; or (3) Through transfers from state agencies to the
33	department of administration for the payment of debt service. These indirect cost recoveries shall
34	be applied to all accounts, unless prohibited by federal law or regulation, court order, or court
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1	settlement. The following restricted receipt accounts shall not be subject to the provisions of this
2	section:
3	Executive Office of Health and Human Services
4	Organ Transplant Fund
5	HIV Care Grant Drug Rebates
6	Department of Human Services
7	Veterans' home – Restricted account
8	Veterans' home – Resident benefits
9	Pharmaceutical Rebates Account
10	Demand Side Management Grants
11	Veteran's Cemetery Memorial Fund
12	Donations – New Veterans' Home Construction
13	Department of Health
14	Pandemic medications and equipment account
15	Miscellaneous Donations/Grants from Non-Profits
16	State Loan Repayment Match
17	Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
18	Eleanor Slater non-Medicaid third-party payor account
19	Hospital Medicare Part D Receipts
20	RICLAS Group Home Operations
21	Commission on the Deaf and Hard of Hearing
22	Emergency and public communication access account
23	Department of Environmental Management
24	National heritage revolving fund
25	Environmental response fund II
26	Underground storage tanks registration fees
27	Rhode Island Historical Preservation and Heritage Commission
28	Historic preservation revolving loan fund
29	Historic Preservation loan fund – Interest revenue
30	Department of Public Safety
31	Forfeited property – Retained
32	Forfeitures – Federal
33	Forfeited property – Gambling
34	Donation – Polygraph and Law Enforcement Training
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1	Rhode Island State Firefighter's League Training Account
2	Fire Academy Training Fees Account
3	Municipal Police Training Tuition and Fees
4	Attorney General
5	Forfeiture of property
6	Federal forfeitures
7	Attorney General multi-state account
8	Forfeited property – Gambling
9	Department of Administration
10	OER Reconciliation Funding
11	RI Health Benefits Exchange
12	Information Technology Investment Fund
13	Restore and replacement – Insurance coverage
14	Convention Center Authority rental payments
15	Investment Receipts – TANS
16	OPEB System Restricted Receipt Account
17	Car Rental Tax/Surcharge-Warwick Share
18	Executive Office of Commerce
19	Housing Resources Commission Restricted Account
20	Department of Revenue
21	DMV Modernization Project
22	Jobs Tax Credit Redemption Fund
23	Legislature
24	Audit of federal assisted programs
25	Department of Children, Youth and Families
26	Children's Trust Accounts – SSI
27	Military Staff
28	RI Military Family Relief Fund
29	RI National Guard Counterdrug Program
30	Treasury
31	Admin. Expenses – State Retirement System
32	Retirement – Treasury Investment Options
33	Defined Contribution – Administration - RR
34	Violent Crimes Compensation – Refunds
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1	Treasury Research Fellowship
2	Business Regulation
3	Banking Division Reimbursement Account
4	Office of the Health Insurance Commissioner Reimbursement Account
5	Securities Division Reimbursement Account
6	Commercial Licensing and Racing and Athletics Division Reimbursement Account
7	Insurance Division Reimbursement Account
8	Historic Preservation Tax Credit Account
9	Judiciary
10	Arbitration Fund Restricted Receipt Account
11	Third-Party Grants
12	RI Judiciary Technology Surcharge Account
13	Department of Elementary and Secondary Education
14	Statewide Student Transportation Services Account
15	School for the Deaf Fee-for-Service Account
16	School for the Deaf – School Breakfast and Lunch Program
17	Davies Career and Technical School Local Education Aid Account
18	Davies – National School Breakfast & Lunch Program
19	School Construction Services
20	Office of the Postsecondary Commissioner
21	Westerly Higher Education and Industry Centers
22	Department of Labor and Training
23	Job Development Fund
24	SECTION 4. Section 42-27-6 of the General Laws in Chapter 42-27 entitled “Atomic
25	Energy Commission” is hereby amended to read as follows:
26	42-27-6. Reactor usage charges.
27	(a) Effective July 1, 2018, All all fees collected by the atomic energy commission for use
28	of the reactor facilities and related services shall be deposited as general revenues. in a restricted
29	receipt account to support the technical operation and maintenance of the agency’s equipment.
30	(b) All revenues remaining in the restricted receipt account, after expenditures authorized
31	in subdivision (a) of this section, above two hundred thousand dollars ($200,000) shall be paid
32	into the state’s general fund. These payments shall be made annually on the last business day of
33	the fiscal year.
34	(c) A charge of up to forty percent (40%), adjusted annually as of July 1, shall be
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1	assessed against all University of Rhode Island (URI) sponsored research activity allocations. The
2	charge shall be applied to the existing URI sponsored research expenditures within the atomic
3	energy commission.
4	SECTION 5. Title 35 of the General Laws entitled “Public Finance” is hereby amended
5	by adding thereto the following chapter:
6	CHAPTER 35-4.1
7	PERFORMANCE IMPROVEMENT FUND ACT
8	35-4.1-1. Legislative findings.
9	The general assembly finds and recognizes:
10	(a) The importance of pursuing data-driven approaches to improving service delivery,
11	and that limited state resources should be allocated based on proven results, not inputs or
12	promised successes.
13	(b) That pay for success contracts provide an opportunity for the state to address the
14	challenges of improving service delivery with limited resources as these contracts both:
15	(1) Create incentives for improved performance and reduced costs, allow for more rapid
16	learning about which programs work and which do not, and accelerate the adoption of new, more
17	effective solutions, and
18	(2) Provide a mechanism to bring upfront financial support from the private and nonprofit
19	sectors to innovative social programs that the state only repays if contractual performance targets
20	are achieved, thereby reducing the state’s financial risk in supporting innovative initiatives.
21	35-4.1-2. Definitions.
22	For the purpose of this chapter:
23	(a) “Performance targets” means the level of performance, as measured by an
24	independent evaluator, which represent success. Success is defined in the pay for success
25	contract.
26	(b) “Independent evaluator” means an independent entity selected by the state whose role
27	includes assessing and reporting on the achievement of performance targets at the frequency
28	required in the pay for success contract.
29	(c) “Success payments” refer to the payments that the state will make only if contractual
30	performance targets are achieved as determined by the independent evaluator and approved by
31	the office of management and budget.
32	(d) “Pay for success contracts” are contracts designed to improve outcomes and lower
33	costs for contracted government services that are subject to the following requirements:
34	(1) A determination that the contract will result in significant performance improvements
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1	and budgetary savings across all impacted agencies if the performance targets are achieved;
2	(2) A requirement that a substantial portion of any payment be conditioned on the
3	achievement of specific outcomes based on defined performance targets;
4	(3) An objective process by which an independent evaluator will determine whether the
5	performance targets have been achieved;
6	(4) A calculation of the amount and timing of payments that would be earned by the
7	service provider during each year of the agreement if performance targets are achieved as
8	determined by the independent evaluator; and
9	(5) Payments shall only be made if performance targets are achieved.
10	35-4.1-3. Creation of the Government Performance Improvement Fund.
11	(a) There is hereby created and established in the state treasury a fund to be known as the
12	“government performance improvement fund” to which shall be deposited appropriations as may
13	be made from time to time by the general assembly. All money now or hereafter in the
14	government performance improvement fund are hereby dedicated for the purpose of funding pay
15	for success contracts.
16	(b) By signing the pay for success contract, the authorizing department or agency is
17	confirming that the contract has met the requirements established in this chapter.
18	(c) The department of administration is charged with, and may promulgate regulations as
19	necessary for, the administration of this fund for the purposes specified in this section, and may
20	make payments from the fund only in accordance with the terms and conditions of pay for
21	success contracts and upon approval of the director of the office of management and budget. All
22	claims against the fund shall be examined, audited, and allowed in the manner now or hereafter
23	provided by law for claims against the state.
24	(d) The department of administration shall provide an annual status report for the prior
25	fiscal year on all contracts not later than December 31 of each year to the office of the governor,
26	house and senate finance committees.
27	SECTION 6. This Article shall take effect upon passage.
28	ARTICLE 3
29	RELATING TO GOVERNMENT REFORM
30	SECTION 1. Sections 5-65-5, 5-65-7 and 5-65-9 of the General Laws in Chapter 5-65
31	entitled “Contractors’ Registration and Licensing Board” are hereby amended as follows:
32	5-65-5. Registered application.
33	(a) A person who wishes to register as a contractor shall submit an application, under
34	oath, upon a form prescribed by the board. The application shall include:
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1	(1) Workers' compensation insurance account number, or company name if a number has
2	not yet been obtained, if applicable;
3	(2) Unemployment insurance account number if applicable;
4	(3) State withholding tax account number if applicable;
5	(4) Federal employer identification number, if applicable, or if self-employed and
6	participating in a retirement plan;
7	(5) The individual(s) name and business address and residential address of:
8	(i) Each partner or venturer, if the applicant is a partnership or joint venture;
9	(ii) The owner, if the applicant is an individual proprietorship;
10	(iii) The corporation officers and a copy of corporate papers filed with the Rhode Island
11	secretary of state's office, if the applicant is a corporation;
12	(iv) Post office boxes are not acceptable as the only address.
13	(6) A signed affidavit subject to the penalties of perjury of a statement as to whether or
14	not the applicant has previously applied for registration, or is or was an officer, partner, or
15	venturer of an applicant who previously applied for registration and if so, the name of the
16	corporation, partnership, or venture.
17	(7) Valid insurance certificate for the type of work being performed.
18	(b) A person may be prohibited from registering or renewing registration as a contractor
19	under the provisions of this chapter or his or her registration may be revoked or suspended if he
20	or she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts and/or
21	administrative agency against him or her relating to their work as a contractor, and provided,
22	further, that an affidavit subject to the penalties of perjury a statement shall be provided to the
23	board attesting to the information herein.
24	(c) Failure to provide or falsified information on an application, or any document
25	required by this chapter is punishable by a fine not to exceed ten thousand dollars ($10,000)
26	and/or revocation of the registration.
27	(d) Applicant must be at least eighteen (18) years of age.
28	(e) Satisfactory proof shall be provided to the board evidencing the completion of five (5)
29	hours of continuing education units which will be required to be maintained by residential
30	contractors as a condition of registration as determined by the board pursuant to established
31	regulations.
32	(f) An affidavit A certification in a form issued by the board shall be completed upon
33	registration or license or renewal to assure contractors are aware of certain provisions of this law
34	and shall be signed by the registrant before a registration can be issued or renewed.
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1	5-65-7. Insurance required of contractors.
2	(a) Throughout the period of registration, the contractor shall have in effect public
3	liability and property damage insurance covering the work of that contractor which shall be
4	subject to this chapter in not less than the following amount: five hundred thousand dollars
5	($500,000) combined single limit, bodily injury and property damage.
6	(b) In addition, all contractors shall have in effect worker's compensation insurance as
7	required under chapter 29 of title 28. Failure to maintain required insurance shall not preclude
8	claims from being filed against a contractor.
9	(c) The contractor shall provide satisfactory evidence to the board at the time of
10	registration and renewal that the insurance required by subsection (a) of this section has been
11	procured and is in effect. Failure to maintain insurance shall invalidate registration and may result
12	in a fine to the registrant and/or suspension or revocation of the registration.
13	5-65-9. Registration fee.
14	(a) Each applicant shall pay to the board:
15	(1) For original registration or renewal of registration, a fee of two hundred dollars
16	($200).
17	(2) A fee for all changes in the registration, as prescribed by the board, other than those
18	due to clerical errors.
19	(b) All fees and fines collected by the board shall be deposited as general revenues to
20	support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all fees
21	and fines collected by the board shall be deposited into a restricted receipt account for the
22	exclusive use of supporting programs established by this chapter.
23	(c) On or before January 15, 2018, and annually thereafter, the board shall file a report
24	with the speaker of the house and the president of the senate, with copies to the chairpersons of
25	the house and senate finance committees, detailing:
26	(1) The total number of fines issued, broken down by category, including the number of
27	fines issued for a first violation and the number of fines issued for a subsequent violation;
28	(2) The total dollar amount of fines levied;
29	(3) The total amount of fees, fines, and penalties collected and deposited for the most
30	recently completed fiscal year; and
31	(4) The account balance as of the date of the report.
32	(d) Each year, the executive director department of business regulation shall prepare a
33	proposed budget to support the programs approved by the board. The proposed budget shall be
34	submitted to the board for its review. A final budget request shall be submitted to the legislature
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1	as part of the capital projects and property management annual request.
2	(e) New or renewal registrations may be filed online or with a third-party approved by the
3	board, with the additional cost incurred to be borne by the registrant.
4	SECTION 2. Sections 5-84-1, 5-84-2, 5-84-3, 5-84-5, 5-84-6 and 5-84-7 of the General
5	Laws in Chapter 5-84 entitled “Division of Design Professionals” are hereby amended as follows:
6	The title of Chapter 5-84 of the General Laws entitled “Division of Design Professionals”
7	is hereby changed to “Division of Building, Design and Fire Professionals.”
8	5-84-1. Short title.
9	This chapter shall be known and may be cited as "The Division of Design Building,
10	Design and Fire Professionals Act."
11	5-84-2. Division of design building, design and fire professionals.
12	There has been created within the department of business regulation, a division known as
13	the division of design building, design and fire professionals.
14	5-84-3. Division membership.
15	The division consists of the membership of the office of the state fire marshal, the fire
16	safety code board of review and appeal, the office of the state building commissioner, the board
17	of registration for professional engineers, board of registration for professional land surveyors,
18	board of examination and registration of architects, and the board of examiners of landscape
19	architects and the contractors’ registration and licensing board.
20	5-84-5. Imposition of fines for unregistered activity.
21	(a) In addition to any other provision of law, if a person or business practices or offers to
22	practice architecture, engineering, land surveying, or landscape architecture in the state without
23	being registered or authorized to practice as required by law, the boards within the division may
24	recommend that the director of the department of business regulations or the director’s designee
25	issue an order imposing a fine; provided, however, that this section shall not apply to issues
26	between the boards referred to in subsection (a) of this section as to the scope of a board
27	registrant's authority to engage in work relating to another board's jurisdiction or to issues relating
28	to ISDS designers licensed by the department of environmental management.
29	(b) A fine ordered under this section may not exceed two thousand five hundred dollars
30	($2,500) for each offense. In recommending a fine, the board shall set the amount of the penalty
31	imposed under this section after taking into account factors, including the seriousness of the
32	violation, the economic benefit resulting from the violation, the history of violations, and other
33	matters the board considers appropriate.
34	(c) Before recommending that a fine be order under this section, the board shall provide
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1	the person or business written notice and the opportunity to request, with thirty (30) days of
2	issuance of notice by the board, a hearing on the record.
3	(d) A person or business aggrieved by the ordering of a fine under this section may file an
4	appeal with the superior court for judicial review of the ordering of a fine.
5	(e) If a person of business fails to pay the fine within thirty (30) days after entry of an
6	order under (a) of this section, or if the order is stayed pending an appeal, within ten (10) days
7	after the court enters a final judgment in favor of the department of an order appealed under (d) of
8	this section, the director may commence a civil action to recover the amount of the fine.
9	5-84-6. Cease and Desist Authority.
10	If the director has reason to believe that any person, firm, corporation, or association is
11	conducting any activity under the jurisdiction of the division of design building, design and fire
12	professionals including professional engineering, professional land surveying, architecture, and/or
13	landscape architecture without obtaining a license or registration, or who after the denial,
14	suspension, or revocation of a license or registration is conducting that business, the director or
15	the director’s designee may, either on his or her own initiative or upon recommendation of the
16	appropriate board, issue an order to that person, firm, corporation, or association commanding
17	them to appear before the department at a hearing to be held not sooner than ten (10) days nor
18	later than twenty (20) days after issuance of that order to show cause why the director or the
19	director’s designee should not issue an order to that person to cease and desist from the violation
20	of the provisions of this chapter and/or chapters 1, 8, 8.1, 51 and/or 51 65 of title 5. That order to
21	show cause may be served on any person, firm, corporation, or association named by any person
22	in the same manner that a summons in a civil action may be served, or by mailing a copy of the
23	order, certified mail, return receipt requested, to that person at any address at which that person
24	has done business or at which that person lives. If during that hearing the director or the director’s
25	designee is satisfied that the person is in fact violating any provision of this chapter, the director
26	or the director’s designee may order that person, in writing, to cease and desist from that violation
27	and/or impose an appropriate fine under § 5-84-5 or other applicable law and/or refer the matter
28	to the attorney general for appropriate action under chapters 1, 8, 8.1, 51 and/or 51 65 of title 5.
29	All these hearings are governed in accordance with the administrative procedures act. If that
30	person fails to comply with an order of the department after being afforded a hearing, the superior
31	court for Providence county has jurisdiction upon complaint of the department to restrain and
32	enjoin that person from violating chapters 1, 8, 8.1, 51, 65 and/or 84 of title 5.
33	5-84-7. Electronic applications for certificates of authorization.
34	All applications to the division of design building, design and fire professionals for
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1	certificates of authorization shall be submitted electronically through the department's electronic-
2	licensing system, unless special permission to apply in paper format is requested by the applicant
3	and granted by the director or the director’s designee.
4	SECTION 3. Sections 23-27.3-100.1.3, 23-27.3-107.3, 23-27.3-107.4 and 23-27.3-108.2
5	of the General Laws in Chapter 23-27.3 entitled “State Building Code” are hereby amended as
6	follows:
7	23-27.3-100.1.3. Creation of the state building code standards committee.
8	(a) There is created as an agency of state government a state building code standards
9	committee who shall adopt, promulgate, and administer a state building code for the purpose of
10	regulating the design, construction, and use of buildings or structures previously erected, in
11	accordance with a rehabilitation building and fire code for existing buildings and structures
12	developed pursuant to chapter 29.1 of this title, and to make any amendments to them as they,
13	from time to time, deem necessary or desirable, the building code to include any code, rule, or
14	regulation incorporated in the code by reference.
15	(b) A standing subcommittee is made part of the state building code standards committee
16	to promulgate and administer a state housing and property maintenance code for the purpose of
17	establishing minimum requirements and standards and to regulate the occupancy and use of
18	existing premises, structures, buildings, equipment, and facilities, and to make amendments to
19	them as deemed necessary.
20	(c) A joint committee, with membership as set forth in § 23-29.1-2(a) from the state
21	building code standards committee, shall develop and recommend for adoption and promulgation,
22	a rehabilitation building and fire code for existing buildings and structures, which code shall
23	include building code elements to be administered by the state building code standards committee
24	as the authority having jurisdiction over the elements.
25	(d) The state building code standards committee shall be housed within the office of the
26	state building commissioner.
27	23-27.3-107.3. Appointment of personnel by state building commissioner.
28	(a) The state building commissioner may appoint such other personnel as shall be
29	necessary for the administration of the code. In the absence of a local building official or an
30	alternate, as detailed in § 23-27.3-107.2, the commissioner shall assume the responsibility of the
31	local building official and inspectors as required by § 23-27.3-107.4 and shall designate one of
32	the following agents to enforce the code:
33	(1) A member of the commissioner's staff who meets the qualifications of § 23-27.3-
34	107.5 and is certified in accordance with § 23-27.3-107.6.
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1	(2) An architect or engineer contracted by the commissioner through the department of
2	administration business regulation.
3	(3) A building official who is selected from a list of previously certified officials or
4	inspectors.
5	(b) The salary and operating expenses for services provided in accordance with
6	subsection (a)(1), (2), or (3) shall be reimbursed to the state by the city or town receiving the
7	services and shall be deposited as general revenues. The attorney general shall be informed of any
8	failure of the appropriate local authority to appoint a local building official to enforce the code in
9	accordance with §§ 23-27.3-107.1 or 23-27.3-107.2.
10	23-27.3-107.4. Qualifications and duties of the state building commissioner.
11	(a) The state building commissioner shall serve as the executive secretary to the state
12	building code standards committee. In addition to the state building commissioner's other duties
13	as set forth in this chapter, the state building commissioner shall assume the authority for the
14	purpose of enforcing the provisions of the state building code in a municipality where there is no
15	local building official.
16	(b) The state building commissioner shall be a member of the classified service, and for
17	administrative purposes shall be assigned a position in the department of administration business
18	regulation. Qualifications for the position of the state building commissioner shall be established
19	in accordance with provisions of the classified service of the state, and shall include the provision
20	that the qualifications include at least ten (10) years' experience in building or building
21	regulations generally, and that the commissioner be an architect or professional engineer licensed
22	in the state or a certified building official presently or previously employed by a municipality and
23	having at least ten (10) years' experience in the building construction or inspection field.
24	23-27.3-108.2. State building commissioner's duties.
25	(a) This code shall be enforced by the state building commissioner as to any structures or
26	buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction
27	of the state or any of its departments, commissions, agencies, or authorities established by an act
28	of the general assembly, and as to any structures or buildings or parts thereof that are built upon
29	any land owned by or under the jurisdiction of the state.
30	(b) Permit fees for the projects shall be established by the committee. The fees shall be
31	deposited as general revenues.
32	(c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001)
33	percent (levy) of the total construction cost for each permit issued. The levy shall be limited to a
34	maximum of fifty dollars ($50.00) for each of the permits issued for one and two (2) family
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1	dwellings. This additional levy shall be transmitted monthly to the building commission at the
2	department of administration business regulation, and shall be used to staff and support the
3	purchase or lease and operation of a web-accessible service and/r system to be utilized by the
4	state and municipalities for uniform, statewide electronic plan review, permit management and
5	inspection system and other programs described in this chapter. The fee levy shall be deposited as
6	general revenues.
7	(2) On or before July 1, 2013, the building commissioner shall develop a standard
8	statewide process for electronic plan review, permit management and inspection.
9	(3) On or before December 1, 2013, the building commissioner, with the assistance of the
10	office of regulatory reform, shall implement the standard statewide process for electronic plan
11	review, permit management and inspection. In addition, the building commissioner shall develop
12	a technology and implementation plan for a standard web-accessible service and/r system to be
13	utilized by the state and municipalities for uniform, statewide electronic plan review, permit
14	management and inspection.
15	(d) The building commissioner shall, upon request by any state contractor described in §
16	37-2-38.1, review, and when all conditions for certification have been met, certify to the state
17	controller that the payment conditions contained in § 37-2-38.1 have been met.
18	(e) The building commissioner shall coordinate the development and implementation of
19	this section with the state fire marshal to assist with the implementation of § 23-28.2-6.
20	(f) The building commissioner shall submit, in coordination with the state fire marshal, a
21	report to the governor and general assembly on or before April 1, 2013 and each April 1st
22	thereafter, providing the status of the web-accessible service and/or system implementation and
23	any recommendations for process or system improvement.
24	SECTION 4. Sections 23-28.2-1, 23-28.2-5, 23-28.2-7, 23-28.2-14, 23-28.2-22, 23-28.2-
25	23, 23-28.2-28 and 23-28.2-29 of Chapter 23-28.2 of the General Laws entitled “Division of Fire
26	Safety” are hereby amended as follows:
27	23-28.2-1. Establishment of division and office of the state fire marshal.
28	There shall be a division an office of the state fire marshal within the department of
29	public safety business regulations’ division of building, design and fire professionals, the head of
30	which division office shall be the state fire marshal. The state fire marshal shall be appointed by
31	the governor with the advice and consent of the senate and shall serve for a period of five (5)
32	years. During the term the state fire marshal may be removed from office by the governor for just
33	cause. All authority, powers, duties and responsibilities previously vested in the division of fire
34	safety are hereby transferred to the division office of the state fire marshal.
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1	23-28.2-5. Bomb disposal unit.
2	(a) Within the division office of the state fire marshal, there shall be a bomb disposal unit
3	(bomb squad), accredited by the FBI as a bomb squad, whose duties it will be to handle and
4	dispose of all hazardous devices suspect to be explosive or incendiary in construction which
5	includes any weapons of mass destruction (WMD) that may be explosive or chemical in
6	construction.
7	(b) The State Fire Marshal shall appoint a bomb technician to supervise the operations of
8	this unit and the technician must be certified by the FBI as a bomb technician. The bomb
9	technician must ensure that all bomb technicians are trained and maintain certification, the bomb
10	squad maintains accreditation, and ensures that all equipment belonging to the bomb squad is
11	maintained and in operating condition at all times. The bomb technician must also provide to
12	cities and towns and local businesses or any other organizations procedures in bomb threats, and
13	procedures where explosive devices or suspect devices are located.
14	(c) The State Fire Marshal shall appoint from the local communities volunteer assistant
15	deputy state fire marshals, as bomb squad members only, to assist in carrying on the
16	responsibilities of this unit. The volunteers, who must be available for immediate response when
17	called upon, be available to participate in training sessions, shall be approved by their local fire or
18	police chief, and must have their chief sign an agreement (memorandum of understanding) which
19	provides for their release during emergencies and training and assumes liability for any injuries
20	that may occur to them. All bomb squad members shall operate only under the direction of the
21	State Bomb Squad Commander or senior ranking Deputy State Fire Marshal who is certified as a
22	bomb technician. The bomb squad may also request assistance from the local fire and police
23	authorities when handling any explosive or incendiary device, WMD or post incident
24	investigations.
25	23-28.2-7. Office of state fire marshal.
26	The state fire marshal shall be provided adequate offices by the director of
27	administration. through the department of business regulation.
28	23-28.2-14. Enforcement.
29	(a) Within the division office of the state fire marshal, there shall be an enforcement unit
30	responsible for the initiation of criminal prosecution of or civil proceedings against any person(s)
31	in violation of the state Fire Safety Code or failure to comply with an order to abate conditions
32	that constitute a violation of the Fire Safety Code, chapters 28.1 – 28.39 of this title, and any rules
33	or regulations added thereunder and/or the general public laws of the state as they relate to fires,
34	fire prevention, fire inspections, and fire investigations. This unit will consist of the state fire
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1	marshal, chief deputy state fire marshal, chief of technical services, explosive technician, assistant
2	explosive technicians, and the arson investigative staff, each of whom must satisfactorily
3	complete at the Rhode Island state police training academy an appropriate course of training in
4	law enforcement or must have previously completed a comparable course. To fulfill their
5	responsibilities, this unit shall have and may exercise in any part of the state all powers of
6	sheriffs, deputy sheriffs, town sergeants, chiefs of police, police officers, and constables.
7	(b) The State Fire Marshal shall have the power to implement a system of enforcement to
8	achieve compliance with the fire safety code, which shall include inspections as provided for in §
9	23-28.2-20, the issuance of formal notices of violation in accordance with § 23-28.2-20.1, and the
10	issuance of citations in a form approved by the State Fire Marshal and the Chief Judge of the
11	District Court. The State Fire Marshal, and his or her designee(s) as outlined in this chapter, may
12	use the above systems of enforcement individually or in any combination to enforce the State Fire
13	Safety Code.
14	(c) The State Fire Marshal and all persons designated specifically in writing by the State
15	Fire Marshal shall have the power to issue the citations referenced in this chapter.
16	(d) The following categories of violation of the Fire Safety Code that can be identified
17	through inspection shall be considered criminal violations of the Fire Safety Code and be subject
18	to the above issuance of citations:
19	(1) Impediments to Egress:
20	(A) Exit doors locked so as to prevent egress.
21	(B) Blocked means of egress (other than locking and includes any portion of the exit
22	access, exit or exit discharge).
23	(C) Marking of exits or the routes to exits has become obstructed and is not clearly
24	visible.
25	(D) Artificial lighting needed for orderly evacuation is not functioning properly (this
26	section does not include emergency lighting).
27	(2) Maintenance:
28	(A) Required devices, equipment, system, condition, arrangement, or other features not
29	continuously maintained.
30	(B) Equipment requiring periodic testing or operation, to ensure its maintenance, is not
31	being tested or operated.
32	(C) Owner of building where a fire alarm system is installed has not provided written
33	evidence that there is a testing and maintenance program in force providing for periodic testing of
34	the system.
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1	(D) Twenty-four hour emergency telephone number of building owner or owner's
2	representative is not posted at the fire alarm control unit or the posted number is not current.
3	(3) Fire Department Access and Water Supply:
4	(A) The required width or length of a previously approved fire department access road
5	(fire lane) is obstructed by parked vehicles or other impediments.
6	(B) Fire department access to fire hydrants or other approved water supplies is blocked or
7	impeded.
8	(4) Fire Protection Systems:
9	(A) Obstructions are placed or kept near fire department inlet connections or fire
10	protection system control valves preventing them from being either visible or accessible.
11	(B) The owner, designated agent or occupant of the property has not had required fire
12	extinguishers inspected, maintained or recharged.
13	(5) Admissions supervised:
14	(A) Persons responsible for supervising admissions to places of assembly, and/or any
15	sub-classifications thereof, have allowed admissions in excess of the maximum occupancy posted
16	by the State Fire Marshal or his or her designee.
17	The terms used in the above categories of violation are defined in the definition sections
18	of NFPA 1 and NFPA 101 as adopted pursuant to § 23-28.1-2 of this title.
19	(e) A building owner, responsible management, designated agent or occupant of the
20	property receiving a citation may elect to plead guilty to the violation(s) and pay the fine(s)
21	through the mail within ten (10) days of issuance, or appear in district court for an arraignment on
22	the citation.
23	(f) Notwithstanding subsection (e) above, all recipients of third or subsequent citations,
24	within a sixty (60) month period, shall appear in district court for a hearing on the citation. If not
25	paid by mail he, she or it shall appear to be arraigned on the criminal complaint on the date
26	indicated on the citation. If the recipient(s) fails to appear, the district court shall issue a warrant
27	of arrest.
28	(g) The failure of a recipient to either pay the citation through the mail within ten (10)
29	days, where permitted under this section, or to appear in district court on the date specified shall
30	be cause for the district court to issue a warrant of arrest with the penalty assessed and an
31	additional five hundred dollar ($500) fine.
32	(h) A building owner, responsible management, designated agent or occupant of the
33	property who receives the citation(s) referenced in this section shall be subject to civil fine(s),
34	which fine(s) shall be used for fire prevention purposes by the jurisdiction that issues the
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1	citation(s), as follows:
2	(1) A fine of two hundred fifty dollars ($250) for the first violation within any sixty (60)
3	month period;
4	(2) A fine of five hundred dollars ($500) for the second violation within any sixty (60)
5	month period;
6	(3) A fine of one thousand dollars ($1,000) for the third and any subsequent violation(s)
7	within any sixty (60) month period;
8	(i) No citation(s) as defined in this section, shall be issued pursuant to a search conducted
9	under an administrative search warrant secured pursuant to § 23-28.2-20(c) of this code. Any
10	citation mistakenly issued in violation of this subsection (i) shall be void and unenforceable.
11	(j) The District Court shall have full equity power to hear and address these matters.
12	(k) All violations, listed within subsection (d) above, shall further be corrected within a
13	reasonable period of time established by the State Fire Marshal or his or her designee.
14	23-28.2-22. Fire education and training unit.
15	(a) There shall be a fire education and training unit within the division of fire safety
16	office of the state fire marshal headed by a director of fire training. The director of fire training
17	shall be appointed by the fire marshal from a list of names submitted by the fire education and
18	training coordinating board based on recommendations of a screening committee of that board.
19	Other staff and resources, such as part time instructors, shall be requested consistent with the state
20	budget process.
21	(b) This unit shall be responsible for implementing fire education and training programs
22	developed by the fire education and training coordinating board.
23	23-28.2-23. Fire education and training coordinating board.
24	(a) There is hereby created within the division of fire safety office of the state fire
25	marshal a fire education and training coordinating board comprised of thirteen (13) members
26	appointed by the governor with the advice and consent of the senate. In making said
27	appointments, the governor shall give due consideration to including in the board's membership
28	representatives of the following groups:
29	(1) Chiefs of fire departments with predominately fully paid personnel, defined as
30	departments in which the vast majority of members are full-time, salaried personnel.
31	(2) Chiefs of fire departments with part paid/combination personnel, defined as
32	departments in which members consist of both full-time salaried personnel and a large percentage
33	of volunteer or call personnel.
34	(3) Chiefs of fire departments with predominately volunteer personnel, defined as
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1	departments in which the vast majority of members respond voluntarily and receive little or no
2	compensation.
3	(4) Rhode Island firefighters' instructor's association.
4	(5) Rhode Island department of environmental management.
5	(6) Rhode Island fire safety association.
6	(7) Rhode Island state firefighter's league.
7	(8) Rhode Island association of firefighters.
8	(9) Regional firefighters leagues.
9	(b) The state fire marshal and the chief of training and education shall serve as ex-officio
10	members.
11	(c) Members of the board as of March 29, 2006 shall continue to serve for the balance of
12	their current terms. Thereafter, members shall be appointed to three (3) year terms. No person
13	shall serve more than two (2) consecutive terms, except that service on the board for a term of
14	less than two (2) years resulting from an initial appointment or an appointment for the remainder
15	of an unexpired term shall not constitute a full term.
16	(d) Members shall hold office until a successor is appointed, and no member shall serve
17	beyond the time he or she ceases to hold office or employment by reason of which he or she was
18	eligible for appointment.
19	(e) All gubernatorial appointments made after March 29, 2006 shall be subject to the
20	advice and consent of the senate. No person shall be eligible for appointment to the board after
21	March 29, 2006 unless he or she is a resident of this state.
22	(f) Members shall serve without compensation, but shall receive travel expenses in the
23	same amount per mile approved for state employees.
24	(g) The board shall meet at the call of the chairperson or upon written petition of a
25	majority of the members, but not less than six (6) times per year.
26	(h) Staff support to the board will be provided by the state fire marshal.
27	(i) The board shall:
28	(1) Establish bylaws to govern operational procedures not addressed by legislation.
29	(2) Elect a chairperson and vice-chairperson of the board in accordance with bylaws to be
30	established by the board.
31	(3) Develop and offer training programs for fire fighters and fire officers based on
32	applicable NFPA standards used to produce training and education courses.
33	(4) Develop and offer state certification programs for instructors based on NFPA
34	standards.
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1	(5) Monitor and evaluate all programs to determine their effectiveness.
2	(6) Establish a fee structure in an amount necessary to cover costs of implementing the
3	programs.
4	(7) Within ninety (90) days after the end of each fiscal year, approve and submit an
5	annual report to the governor, the speaker of the house of representatives, the president of the
6	senate, and the secretary of state of its activities during that fiscal year. The report shall provide:
7	an operating statement summarizing meetings or hearing held, including meeting minutes,
8	subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted,
9	policies and plans developed, approved or modified and programs administered or initiated; a
10	consolidated financial statement of all funds received and expended including the source of the
11	funds, a listing of any staff supported by these funds, and a summary of any clerical,
12	administrative or technical support received; a summary of performance during the previous
13	fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings,
14	complaints, suspensions, or other legal matters related to the authority of the council; a summary
15	of any training courses held pursuant to the provisions of this section; a briefing on anticipated
16	activities in the upcoming fiscal year and findings and recommendations for improvements. The
17	report shall be posted electronically on the general assembly and secretary of state's websites as
18	prescribed in § 42-20-8.2. The director of the department of administration shall be responsible
19	for the enforcement of the provisions of this subsection.
20	(8) Conduct a training course for newly appointed and qualified members within six (6)
21	months of their qualification or designation. The course shall be developed by the chair of the
22	board, approved by the board, and conducted by the chair of the board. The board may approve
23	the use of any board or staff members or other individuals to assist with training. The training
24	course shall include instruction in the following areas: the provisions of chapters 42-46, 36-14,
25	and 38-2; and the commission's rules and regulations. The state fire marshal shall, within ninety
26	(90) days of March 29, 2006, prepare and disseminate training materials relating to the provisions
27	of chapters 42-46, 36-14, and 38-2.
28	(j) In an effort to prevent potential conflicts of interest, any fire education and training
29	coordinating board member shall not simultaneously serve as a paid instructor and/or
30	administrator within the fire education and training unit.
31	(k) A quorum for conducting all business before the board, shall be at least seven (7)
32	members.
33	(l) Members of the board shall be removable by the governor pursuant to the provisions
34	of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal
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1	reasons unrelated to capacity or fitness for the office shall be unlawful.
2	23-28.2-28. Rhode Island state firefighter's league grant account.
3	(a) There is hereby created within the department of public safety business regulation a
4	restricted receipt account to be known as the Rhode Island state firefighter's league grant account.
5	Donations received from the Rhode Island state firefighter's league shall be deposited into this
6	account, and shall be used solely to fund education and training programs for firefighters in the
7	state.
8	(b) All amounts deposited in the Rhode Island state firefighter's league grant account
9	shall be exempt from the indirect cost recovery provisions of § 35-4-27.
10	23-28.2-29. Fire academy training fees restricted receipt account.
11	There is hereby created with the department of public safety business regulation a
12	restricted receipt account to be known as the fire academy training fees account. All receipts
13	collected pursuant to § 23-28.2-23 shall be deposited in this account and shall be used to fund
14	costs associated with the fire training academy. All amounts deposited into the fire academy
15	training restricted receipt account shall be exempt from the indirect cost recovery provisions of §
16	35-4-27.
17	SECTION 5. Section 23-34.1-3 of Chapter 23-34.1 of the General Laws entitled
18	“Amusement Ride Safety Act” is hereby amended as follows:
19	23-34.1-3. Definitions.
20	As used in this chapter:
21	(1) "Altered ride" means a ride or device that has been altered with the approval of the
22	manufacturer.
23	(2) "Amusement attraction" means any building or structure around, over, or through
24	which persons may move to walk, without the aid of any moving device integral to the building
25	or structure, which provides amusement, pleasure, thrills, or excitement. Excluded are air
26	structures ("moonwalks"), arenas, stadiums, theatres, nonmechanical amusement structures
27	commonly located in or around day care centers, schools, commercial establishments, malls, fast
28	food restaurants, and convention halls. This does not include enterprises principally devoted to
29	the exhibition of products of agriculture, industry, education, science, religion, or the arts.
30	(3) "Amusement ride" means any mechanical device which carries, suspends or conveys
31	passengers along, around, or over a fixed or restricted route or course or within a defined area, for
32	the purpose of giving its passengers amusement, pleasure, thrills, or excitement. For the purposes
33	of this act, any dry slide over twenty (20) feet in height is also included. This term shall not
34	include hayrides (whether pulled by motor vehicle or horse), any coin-operated ride that is
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1	manually, mechanically or electrically operated and customarily placed in a public location and
2	that does not normally require the supervision or services of an operator or nonmechanical
3	devices with nonmoving parts, including, but not limited to, walk-through amusement attractions,
4	slides, and air structures ("moonwalks").
5	(4) "Bazaar" means an enterprise principally devoted to the exhibition of products of
6	crafts and art, to which the operation of amusement rides or devices or concession booths is an
7	adjunct.
8	(5) "Carnival" means a transient enterprise offering amusement or entertainment to the
9	public in, upon or by means of amusement devices, rides or concession booths.
10	(6) "Certificate to operate" means that document which indicates that the temporary
11	amusement device has undergone the inspection required after setup. It shall show the date of
12	inspection, the location of the inspection, the name of the inspector, and the maximum amount of
13	weight allowed per car or rideable unit.
14	(7) "Commissioner" means the state building commissioner.
15	(8) "Department" means the department of administration business regulation.
16	(9) "Director" means the director of the department of administration business regulation.
17	(10) "Fair" means an enterprise principally devoted to the exhibition of products of
18	agriculture or industry, to which the operation of amusement rides or devices or concession
19	booths is an adjunct.
20	(11) "Home-made ride or device" means a ride or device that was not manufactured by a
21	recognized ride or device manufacturer or any ride or device which has been substantially altered
22	without the approval of the manufacturer.
23	(12) "Inspection" means the physical examination of an amusement ride or device made
24	by the commissioner, or his authorized representative, prior to operating the amusement device
25	for the purpose of approving the application for a license.
26	(13) "Kiddie ride" means a device designed primarily to carry a specific number of
27	children in a fixture suitable for conveying children up to forty-two inches (42") in height or ride
28	manufacturer specifications.
29	(14) "Major alteration" means a change in the type, capacity, structure or mechanism of
30	an amusement device. This includes any change that would require approval of the ride
31	manufacturer or an engineer.
32	(15) "Major ride" means a device designed to carry a specific maximum number of
33	passengers, adults and children, in a fixture suitable for conveying persons.
34	(16) "Manager" means a person having possession, custody, or managerial control of an
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1	amusement device, amusement attraction, or temporary structure, whether as owner, lessee, or
2	agent or otherwise.
3	(17) "Owner" means the person or persons holding title to, or having possession or
4	control of the amusement ride or device or concession booth.
5	(18) "Permanent amusement ride" means an amusement ride which is erected to remain a
6	lasting part of the premises.
7	(19) "Permit" means that document which signifies that the amusement device or
8	amusement attraction has undergone and passed its annual inspection. The department shall affix
9	a decal which clearly shows the month and year of expiration.
10	(20) "Qualified licensed engineer" means a licensed mechanical engineer who has at least
11	five (5) years of experience in his or her field and has experience in amusement ride inspection.
12	(21) "Reinspection" means an inspection which is made at any time after the initial
13	inspection.
14	(22) "Repair" means to restore an amusement ride to a condition equal to or better than
15	the original design specifications.
16	(23) "Ride file jacket" means a file concerning an individual amusement ride or device
17	which contains nondestructive test reports on the testing firm's official letterhead; the name of the
18	ride, the manufacturer and date of manufacture; maintenance records; records of any alterations;
19	ride serial number; daily check lists and engineer's reports and proof of insurance. Non-
20	destructive test reports shall not be required on any rides which are nonmechanical and which are
21	not provided by the manufacturer with said amusement ride.
22	(24) "Ride operator" means the person in charge of an amusement ride or device and who
23	causes the amusement ride or device to operate.
24	(25) "Serious injury" means an injury requiring a minimum of one overnight stay in a
25	hospital for treatment or observation.
26	(26) "Stop order" means any order issued by an inspector for the temporary cessation of a
27	ride or device.
28	(27) "Temporary amusement device" means a device which is used as an amusement
29	device or amusement attraction that is regularly relocated from time to time, with or without
30	disassembly.
31	SECTION 6. Section 42-7.3-3 of the General Laws in Chapter 42-7.3 entitled
32	“Department of Public Safety” is hereby amended as follows:
33	42-7.3-3. Powers and duties of the department.
34	The department of public safety shall be responsible for the management and
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1	administration of the following divisions and agencies:
2	(a) Office of the capitol police (chapter 2.2 of title 12).
3	(b) State fire marshal (chapter 28.2 of title 23)
4	(c) E-911 emergency telephone system division (chapter 28.2 of title 39).
5	(cd) Rhode Island state police (chapter 28 of title 42).
6	(de) Municipal police training academy (chapter 28.2 of title 42).
7	(ef) Division of sheriffs (chapter 7.3 of title 42).
8	SECTION 7. Section 42-11-2.9 of the General Laws in Chapter 42-11 entitled
9	“Department of Administration” is hereby amended as follows:
10	42-11-2.9. Division of capital asset management and maintenance established.
11	(a) Establishment. Within the department of administration there shall be established the
12	division of capital asset management and maintenance ("DCAMM"). Any prior references to the
13	division of facilities management and/or capital projects, if any, shall now mean DCAMM.
14	Within the DCAMM there shall be a director of DCAMM who shall be in the classified service
15	and shall be appointed by the director of administration. The director of DCAMM shall have the
16	following responsibilities:
17	(1) Oversee, coordinate, and manage the operating budget, personnel, and functions of
18	DCAMM in carrying out the duties described below;
19	(2) Review agency capital-budget requests to ensure that the request is consistent with
20	strategic and master facility plans for the state of Rhode Island;
21	(3) Promulgate and adopt regulations necessary to carry out the purposes of this section.
22	(b) Purpose. The purpose of the DCAMM shall be to manage and maintain state property
23	and state-owned facilities in a manner that meets the highest standards of health, safety, security,
24	accessibility, energy efficiency, and comfort for citizens and state employees and ensures
25	appropriate and timely investments are made for state property and facility maintenance.
26	(c) Duties and responsibilities of DCAMM. DCAMM shall have the following duties and
27	responsibilities:
28	(1) To oversee all new construction and rehabilitation projects on state property, not
29	including property otherwise assigned outside of the executive department by Rhode Island
30	general laws or under the control and supervision of the judicial branch;
31	(2) To assist the department of administration in fulfilling any and all capital-asset and
32	maintenance-related statutory duties assigned to the department under chapter 8 of title 37 (public
33	buildings) or any other provision of law, including, but not limited to, the following statutory
34	duties provided in § 42-11-2:
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1	(i) To maintain, equip, and keep in repair the state house, state office buildings, and other
2	premises, owned or rented by the state, for the use of any department or agency, excepting those
3	buildings, the control of which is vested by law in some other agency;
4	(ii) To provide for the periodic inspection, appraisal, or inventory of all state buildings
5	and property, real and personal;
6	(iii) To require reports from state agencies on the buildings property in their custody;
7	(iv) To issue regulations to govern the protection and custody of the property of the state;
8	(v) To assign office and storage space, and to rent and lease land and buildings, for the
9	use of the several state departments and agencies in the manner provided by law;
10	(vi) To control and supervise the acquisition, operation, maintenance, repair, and
11	replacement of state-owned motor vehicles by state agencies;
12	(3) To generally manage, oversee, protect, and care for the state's properties and facilities,
13	not otherwise assigned by Rhode Island general laws, including, but not limited to, the following
14	duties:
15	(i) Space management, procurement, usage, and/or leasing of private or public space;
16	(ii) Care, maintenance, cleaning, and contracting for such services as necessary for state
17	property;
18	(iii) Capital equipment replacement;
19	(iv) Security of state property and facilities unless otherwise provided by law;
20	(v) Ensuring Americans with Disabilities Act (ADA) compliance;
21	(vi) Responding to facilities emergencies;
22	(vii) Managing traffic flow on state property;
23	(viii) Grounds keeping/landscaping/snow-removal services;
24	(ix) Maintenance and protection of artwork and historic artifacts;
25	(4) To manage and oversee state fleet operations.
26	(d) All state agencies shall participate in a statewide database and/or information system
27	for capital assets, that shall be established and maintained by DCAMM.
28	(e) Offices and boards assigned to DCAMM. DCAMM shall oversee the following
29	boards, offices, and functions:
30	(1) Office of planning, design, and construction (PDC);
31	(2) Office of facilities management and maintenance (OFMM);
32	(3) Contractors' registration and licensing board (§ 5-65-1 seq.);
33	(4) State building code (§ 23-27.3-1 et seq.);
34	(5) Office of risk management (§ 37-11-1 et seq.);
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1	(6) Fire safety code board of appeal and review (§ 23-28.3-1 et seq.);
2	(7 4) Office of state fleet operations (§ 42-11-2.4(d)).
3	(f) The boards, offices, and functions assigned to DCAMM shall:
4	(1) Exercise their respective powers and duties in accordance with their statutory
5	authority and the general policy established by the director of DCAMM or in accordance with the
6	powers and authorities conferred upon the director of DCAMM by this section;
7	(2) Provide such assistance or resources as may be requested or required by the director
8	of DCAMM or the director of administration;
9	(3) Provide such records and information as may be requested or required by the director
10	of DCAMM or the director of administration; and
11	(4) Except as provided herein, no provision of this chapter or application thereof shall be
12	construed to limit or otherwise restrict the offices stated above from fulfilling any statutory
13	requirement or complying with any valid rule or regulation.
14	SECTION 8. Sections 42-14-1, 42-14-2, 42-14-4, 42-14-5, 42-14-6, 42-14-7, 42-14-8,
15	42-14-11, 42-14-16 and 42-14-16.1 of the General Laws in Chapter 42-14 entitled “Department
16	of Business Regulation” are hereby amended as follows:
17	42-14-1. Establishment – Head of department.
18	There shall be a department of business regulation. The head of the department shall be
19	the director of business regulation who shall carry out, except as otherwise provided by this title,
20	shall carry out this chapter; chapters 1, 2, and 4 – 12, inclusive, of title 3; chapters 3, 20.5, 38, 49,
21	52, 53 and 58 of title 5; chapter 31 of title 6; chapter 11 of title 7; chapters 1 – 29, inclusive, of
22	title 19, except § 19-24-6; chapter 28.6 of title 21; chapter 26 of title 23; chapters 1 – 36,
23	inclusive, of title 27. The director of business regulation shall also and perform the duties
24	required by any and all other provisions of the general laws and public laws insofar as those
25	provisions relate to the director of revenue and regulation, chief of the division of banking and
26	insurance, chief of the division of intoxicating beverages, and each of the divisions and licensing
27	and regulatory areas within the jurisdiction of the department, except as otherwise provided by
28	this title.
29	42-14-2. Functions of department.
30	(a) It shall be the function of the department of business regulation:
31	(1) To regulate and control banking and insurance, foreign surety companies, sale of
32	securities, building and loan associations, fraternal benefit and beneficiary societies;
33	(2) To regulate and control the manufacture, transportation, possession, and sale of
34	alcoholic beverages;
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1	(3) To license and regulate the manufacture and sale of articles of bedding, upholstered
2	furniture, and filling materials;
3	(4) To regulate the licensing of compassion centers, licensed cultivators, and cooperative
4	cultivations pursuant to chapter 28.6 of title 21 of the general laws to license, regulate and control
5	all areas as required by this chapter and any and all other provisions of the general laws and
6	public laws.
7	(b) Whenever any hearing is required or permitted to be held pursuant to law or
8	regulation of the department of business regulation, and whenever no statutory provision exists
9	providing that notice be given to interested parties prior to the hearing, no such hearing shall be
10	held without notice in writing being given at least ten (10) days prior to such hearing to all
11	interested parties. For purposes of this section, an "interested party" shall be deemed to include
12	the party subject to regulation hereunder, the Rhode Island consumers' council, and any party
13	entitled to appear at the hearing. Notice to the party that will be subject to regulation, the Rhode
14	Island consumers' council [Repealed], and any party who has made known his or her intention to
15	appear at the hearing shall be sufficient if it be in writing and mailed, first class mail, to the party
16	at his or her regular business address. Notice to the general public shall be sufficient hereunder if
17	it be by publication in a newspaper of general circulation in the municipality affected by the
18	regulation posted on the department’s website.
19	42-14-4. Banking and insurance financial services divisions.
20	Within the department of business regulation there shall be a division of financial
21	services that oversees the regulation and control of banking division and an insurance division
22	and such other matters within the jurisdiction of the department as determined by the director.
23	The divisions shall have offices which shall be assigned to them it by the department of
24	administration.
25	A s Superintendents shall be in charge of each division, of banking and insurance
26	reporting to the director, deputy director and/or health insurance commissioner as appropriate
27	shall be in charge of all matters relating to banking and insurance.
28	42-14-5. Administrator Superintendents of banking and insurance.
29	(a) The director of business regulation shall, in addition to his or her regular duties, act as
30	administrator of banking and insurance and superintendents of banking and insurance shall
31	administer the functions of the department relating to the regulation and control of banking and
32	insurance, foreign surety companies, sale of securities, building and loan associations, and
33	fraternal benefit and beneficiary societies.
34	(b) Wherever the words "banking administrator" or “banking commissioner” or
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1	"insurance administrator" or “insurance commissioner” occur in this chapter or any general law,
2	public law, act, or resolution of the general assembly or department regulation, they shall be
3	construed to mean superintendent of banking commissioner and superintendent of insurance
4	commissioner except as delineated in subsection (d) below.
5	(c) "Health insurance" shall mean "health insurance coverage," as defined in §§ 27-18.5-2
6	and 27-18.6-2, "health benefit plan," as defined in § 27-50-3 and a "medical supplement policy,"
7	as defined in § 27-18.2-1 or coverage similar to a Medicare supplement policy that is issued to an
8	employer to cover retirees, and dental coverage, including, but not limited to, coverage provided
9	by a nonprofit dental service plan as defined in subsection 27-20.1-1(3).
10	(d) Whenever the words "commissioner," "insurance commissioner", "Health insurance
11	commissioner" or "director" appear in Title 27 or Title 42, those words shall be construed to
12	mean the health insurance commissioner established pursuant to § 42-14.5-1 with respect to all
13	matters relating to health insurance. The health insurance commissioner shall have sole and
14	exclusive jurisdiction over enforcement of those statutes with respect to all matters relating to
15	health insurance.
16	(e) Whenever the word “director” appears or is a defined term in Title 19, this word shall
17	be construed to mean the superintendent of banking established pursuant to this section.
18	(f) Whenever the word “director” or “commissioner” appears or is a defined term in Title
19	27, this word shall be construed to mean the superintendent of insurance established pursuant to
20	this section except as delineated in subsection (d) above.
21	42-14-6. Restrictions on interests of administrator superintendents.
22	The administrator superintendents of banking and insurance shall not engage in any other
23	business or be an officer of or directly or indirectly interested in any national bank doing business
24	in this state, or in any bank, savings bank, or trust company organized under the laws of this state,
25	nor be directly or indirectly interested in any corporation, business, or occupation that requires his
26	or her official supervision; absent compliance with § 42-14-6.1, nor shall the administrator no
27	superintendent shall become indebted to any bank, savings bank, or trust company organized
28	under the laws of this state, nor shall he or she engage or be interested in the sale of securities as a
29	business, or in the negotiation of loans for others.
30	42-14-7. Deputies to administrator superintendents.
31	The administrator superintendent of banking and the superintendent of insurance may
32	appoint one or more deputies to assist him or her in the performance of his or her duties, who
33	shall be removable at the pleasure of the administrator superintendent, and the administrator
34	superintendent in his or her official capacity shall be liable for any deputy's misconduct or neglect
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1	of duty in the performance of his or her official duties. Service of process upon any deputy, or at
2	the office of the administrator superintendent upon some person there employed, at any time,
3	shall be as effectual as service upon the administrator superintendent.
4	42-14-8. Clerical assistance and expenses.
5	The administrator superintendent of banking and the superintendent of insurance may
6	employ such clerical assistance and incur such office and traveling expenses for him or herself,
7	his or her deputies and assistants as may be necessary in the performance of his or her other
8	duties, and as provided by this title, within the amounts appropriated therefor.
9	42-14-11. Subpoena power – False swearing.
10	(a) In connection with any matters having to do with the discharge of his or her duties
11	pursuant to this chapter, the director or his or her designee, in all cases of every nature pending
12	before him or her, is hereby authorized and empowered to summon witnesses to attend and testify
13	in like manner as in either the supreme or the superior courts. The director or his or her designee
14	is authorized to compel the production of all papers, books, documents, records, certificates or
15	other legal evidence that may be necessary for the determination and the decision of any question
16	or the discharge of any duty required by law of the department, including the functions of the
17	director as a member of the board of bank incorporation and board of building-loan association
18	incorporation superintendents of banking and insurance, by issuing a subpoena duces tecum
19	signed by the director or his or her designee.
20	(b) Every person who disobeys this writ shall be considered in contempt of the
21	department, and the department may punish that and any other contempt of the authority in like
22	manner as contempt may be punished in either the supreme or the superior court.
23	(c) Any person who shall willfully swear falsely in any proceedings, matter or hearing
24	before the department shall be deemed guilty of the crime of perjury.
25	42-14-16. Insurance – Administrative penalties.
26	(a) Whenever the director or his or her designee shall have cause to believe that a
27	violation of title 27 and/or chapters 14, 14.5, 62 or 128.1 of title 42 or the regulations
28	promulgated thereunder has occurred by a licensee, or any person or entity conducting any
29	activities requiring licensure under title 27, the director or his or her designee may, in accordance
30	with the requirements of the Administrative Procedures Act, chapter 35 of this title:
31	(1) Revoke or suspend a license;
32	(2) Levy an administrative penalty in an amount not less than one hundred dollars ($100)
33	nor more than fifty thousand dollars ($50,000);
34	(3) Order the violator to cease such actions;
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1	(4) Require the licensee or person or entity conducting any activities requiring licensure
2	under title 27 to take such actions as are necessary to comply with title 27 and/or chapters 14,
3	14.5, 62, or 128.1 of title 42, or the regulations thereunder; or
4	(5) Any combination of the above penalties.
5	(b) Any monetary penalties assessed pursuant to this section shall be as general revenues.
6	42-14-16.1. Order to cease and desist.
7	(a) If the director or his or her designee has reason to believe that any person, firm,
8	corporation or association is conducting any activities requiring licensure under title 27 or any
9	other provisions of the general laws or public laws within the jurisdiction of the department
10	without obtaining a license, or who after the denial, suspension or revocation of a license
11	conducts any activities requiring licensure under title 27 or any other provisions of the general
12	laws or public laws within the jurisdiction of the department, the department may issue its order
13	to that person, firm, corporation or association commanding them to appear before the department
14	at a hearing to be held no sooner than ten (10) days nor later than twenty (20) days after issuance
15	of that order to show cause why the department should not issue an order to that person to cease
16	and desist from the violation of the provisions of title 27 applicable law.
17	(b) The order to show cause may be served on any person, firm, corporation or
18	association named in the order in the same manner that summons in a civil action may be served,
19	or by mailing a copy of the order, certified mail, return receipt requested, to that person at any
20	address at which he or she has done business or at which he or she lives. If, upon that hearing, the
21	department is satisfied that the person is in fact violating any provision of title 27 applicable law,
22	then the department may order that person, in writing, to cease and desist from that violation.
23	(c) All hearings shall be governed in accordance with chapter 35 of this title, the
24	"Administrative Procedures Act." If that person fails to comply with an order of the department
25	after being afforded a hearing, the superior court in Providence county has jurisdiction upon
26	complaint of the department to restrain and enjoin that person from violating this chapter.
27	SECTION 9. Section 42-28-3 of the General Laws in Chapter 42-28 entitled “State
28	Police” is hereby amended as follows:
29	42-28-3. Scope of responsibilities.
30	(a) The Rhode Island state police and the superintendent shall be charged with the
31	responsibility of:
32	(1) Providing a uniformed force for law enforcement;
33	(2) Preparing rules and regulations for law enforcement;
34	(3) Maintaining facilities for crime detection and suppression; and
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1	(4) Controlling traffic and maintaining safety on the highways.
2	(b) The superintendent shall be ex-officio state fire marshal.
3	(c) The superintendent shall also serve as the director of the department of public safety.
4	SECTION 10. Section 36-10-14 of the General Laws in Chapter 36-10 entitled
5	“Retirement System – Contributions and Benefits” is hereby amended to read as follows:
6	36-10-14. Retirement for accidental disability. (a) Medical examination of an active
7	member for accidental disability and investigation of all statements and certificates by him or her
8	or in his or her behalf in connection therewith shall be made upon the application of the head of
9	the department in which the member is employed or upon application of the member, or of a
10	person acting in his or her behalf, stating that the member is physically or mentally incapacitated
11	for the performance of service as a natural and proximate result of an accident while in the
12	performance of duty, and certify the definite time, place, and conditions of the duty performed by
13	the member resulting in the alleged disability, and that the alleged disability is not the result of
14	willful negligence or misconduct on the part of the member, and is not the result of age or length
15	of service, and that the member should, therefore, be retired.
16	(b) The application shall be made within five (5) years of the alleged accident from which
17	the injury has resulted in the members present disability and shall be accompanied by an accident
18	report and a physicians report certifying to the disability; provided that if the member was able to
19	return to his or her employment and subsequently reinjures or aggravates the same injury, the
20	application shall be made within the later of five (5) years of the alleged accident or three (3)
21	years of the reinjury or aggravation. The application may also state the member is permanently
22	and totally disabled from any employment.
23	(c) Notwithstanding subsection (b), state employees who are receiving benefits under the
24	injured on duty provisions of RIGL §45-19-1 shall be subject to the provisions of Section RIGL
25	§45-19-1[j] for all matters relating to the application and processing of disability benefits.
26	(d) If a medical examination conducted by three (3) physicians engaged by the retirement
27	board and such investigation as the retirement board may desire to make shall show that the
28	member is physically or mentally incapacitated for the performance of service as a natural and
29	proximate result of an accident, while in the performance of duty, and that the disability is not the
30	result of willful negligence or misconduct on the part of the member, and is not the result of age
31	or length of service, and that the member has not attained the age of sixty-five (65), and that the
32	member should be retired, the physicians who conducted the examination shall so certify to the
33	retirement board stating the time, place, and conditions of service performed by the member
34	resulting in the disability and the retirement board may grant the member an accidental disability
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1	benefit.
2	(d)(e) The retirement board shall establish uniform eligibility requirements, standards,
3	and criteria for accidental disability which shall apply to all members who make application for
4	accidental disability benefits.
5	SECTION 11. Section 45-19-1 of the General Laws in Chapter 45-19 entitled “Relief of
6	Injured and Deceased Fire Fighters and Police Officer is hereby amended to read as follows:
7	45-19-1. Salary payment during line of duty illness or injury.
8	(a) Whenever any police officer of the Rhode Island Airport Corporation or whenever
9	any police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal,
10	or deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or
11	partially incapacitated by reason of injuries received or sickness contracted in the performance of
12	his or her duties or due to their rendering of emergency assistance within the physical boundaries
13	of the state of Rhode Island at any occurrence involving the protection or rescue of human life
14	which necessitates that they respond in a professional capacity when they would normally be
15	considered by their employer to be officially off-duty, the respective city, town, fire district, state
16	of Rhode Island or Rhode Island Airport Corporation by which the police officer, fire fighter,
17	crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is
18	employed, shall, during the period of the incapacity, pay the police officer, fire fighter, crash
19	rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or
20	wage and benefits to which the police officer, fire fighter, crash rescue crewperson, fire marshal,
21	chief deputy fire marshal, or deputy fire marshal, would be entitled had he or she not been
22	incapacitated, and shall pay the medical, surgical, dental, optical, or other attendance, or
23	treatment, nurses, and hospital services, medicines, crutches, and apparatus for the necessary
24	period, except that if any city, town, fire district, the state of Rhode Island or Rhode Island
25	Airport Corporation provides the police officer, fire fighter, crash rescue crewperson, fire
26	marshal, chief deputy fire marshal, or deputy fire marshal, with insurance coverage for the related
27	treatment, services, or equipment, then the city, town, fire district, the state of Rhode Island or
28	Rhode Island Airport Corporation is only obligated to pay the difference between the maximum
29	amount allowable under the insurance coverage and the actual cost of the treatment, service, or
30	equipment. In addition, the cities, towns, fire districts, the state of Rhode Island or Rhode Island
31	Airport Corporation shall pay all similar expenses incurred by a member who has been placed on
32	a disability pension and suffers a recurrence of the injury or illness that dictated his or her
33	disability retirement, subject to the provisions of subsection (j) herein.
34	(b) As used in this section, "police officer" means and includes any chief or other
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1	member of the police department of any city or town regularly employed at a fixed salary or wage
2	and any deputy sheriff, member of the fugitive task force, or capitol police officer, permanent
3	environmental police officer or criminal investigator of the department of environmental
4	management, or airport police officer.
5	(c) As used in this section, "fire fighter" means and includes any chief or other member of
6	the fire department or rescue personnel of any city, town, or fire district, and any person
7	employed as a member of the fire department of the town of North Smithfield, or fire department
8	or district in any city or town.
9	(d) As used in this section, "crash rescue crewperson" means and includes any chief or
10	other member of the emergency crash rescue section, division of airports, or department of
11	transportation of the state of Rhode Island regularly employed at a fixed salary or wage.
12	(e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire
13	marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals
14	regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title
15	23.
16	(f) Any person employed by the state of Rhode Island, except for sworn employees of the
17	Rhode Island State Police, who is otherwise entitled to the benefits of chapter 19 of this title shall
18	be subject to the provisions of chapters 29 – 38 of title 28 for all case management procedures
19	and dispute resolution for all benefits.
20	(g) In order to receive the benefits provided for under this section, a police officer or
21	firefighter must prove to their employer that he or she had reasonable grounds to believe that
22	there was an emergency which required an immediate need for their assistance for the protection
23	or rescue of human life.
24	(h) Any claims to the benefits provided for under this section resulting from the rendering
25	of emergency assistance in the state of Rhode Island at any occurrence involving the protection or
26	rescue of human life while off-duty, shall first require those covered by this section to submit a
27	sworn declaration to their employer attesting to the date, time, place and nature of the event
28	involving the protection or rescue of human life causing the professional assistance to be rendered
29	and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn
30	declarations shall also be required from any available witness to the alleged emergency involving
31	the protection or rescue of human life.
32	(i) All declarations required under this section shall contain the following language:
33	"Under penalty of perjury, I declare and affirm that I have examined this declaration,
34	including any accompanying schedules and statements, and that all statements contained herein
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1	are true and correct."
2	(j) Any person receiving injured on duty benefits pursuant to this section, and subject to
3	the jurisdiction of the state retirement board for accidental retirement disability, for an injury
4	occurring on or after July 1, 2011, shall apply for an accidental disability retirement allowance
5	from the state retirement board not later than the later of eighteen (18) months after the date of the
6	person’s injury that resulted in said person’s injured on duty status or sixty (60) days from the
7	date on which a the treating physician or an independent medical examiner certifies that the
8	person has reached maximum medical improvement. Nothing herein shall be construed to limit or
9	alter any and all rights of the parties with respect to independent medical examinations or
10	otherwise, as set forth in the applicable collective bargaining agreement. Notwithstanding the
11	foregoing, any person receiving injured on duty benefits as the result of a static and incapacitating
12	injury whose permanent nature is readily obvious and ascertainable shall be required to apply for
13	an accidental disability retirement allowance within sixty (60) days from the date on which a the
14	treating physician or an independent medical examiner certifies that the person’s injury is
15	permanent, or sixty (60) days from the date on which such determination of permanency is made
16	in accordance with the independent medical examination procedures as set forth in the applicable
17	collective bargaining agreement. Nothing herein shall be construed to limit or alter any and all
18	rights of the parties with respect to independent medical examinations or otherwise, as set forth in
19	the applicable collective bargaining agreement.
20	(1) If a person with injured on duty status fails to apply for an accidental disability
21	retirement allowance from the state retirement board within the time frame set forth above, that
22	person's injured on duty payment shall terminate. Further, any person suffering a static and
23	incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental
24	disability benefit allowance as set forth in subsection (j) shall have his or her injured on duty
25	payment terminated.
26	(2) A person who so applies shall continue to receive injured on duty payments, and the
27	right to continue to receive IOD payments of a person who so applies shall terminate in the event
28	of the final ruling of the workers’ compensation court, any other court of competent jurisdiction,
29	or the state retirement board allowing accidental disability benefits. Nothing herein shall be
30	construed to limit or alter any and all rights of the parties with respect to independent medical
31	examination or otherwise, as set forth in the applicable collective bargaining agreement.
32	SECTION 12. Chapter 39-3 of the General Laws entitled “Regulatory Powers of
33	Administration” is hereby amended by adding thereto the following section:
34	39-3-45. Transfer of powers, functions and resources from the water resources
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1	board.
2	(a) There are hereby transferred to the division of public utilities and carriers those
3	powers and duties formerly administered by the employees of the water resources board as
4	provided for in chapter 46-15 (“Water Resources Management”) through 46-15.8 (“Water Use
5	and Efficiency Act”), inclusive, and any other applicable provisions of the general laws;
6	provided, however, the governor shall submit to the 2019 assembly any recommended statutory
7	changes necessary to facilitate the merger.
8	(b) All resources of the water resources board, including, but not limited to, property,
9	employees and accounts, are hereby transferred to the division of public utilities and carriers.
10	(c) As part of the above transfer, except for the general manager, all employees of the
11	water resources board currently subject to the provisions of chapter 4 of title 36 shall continue to
12	be subject to those provisions.
13	SECTION 13. Section 42-11-10 of the General Laws in Chapter 42-11 entitled
14	"Department of Administration" is hereby amended to read as follows:
15	42-11-10. Statewide planning program.
16	(a) Findings. - The general assembly finds that the people of this state have a
17	fundamental interest in the orderly development of the state; the state has a positive interest and
18	demonstrated need for establishment of a comprehensive strategic state planning process and the
19	preparation, maintenance, and implementation of plans for the physical, economic, and social
20	development of the state; the continued growth and development of the state presents problems
21	that cannot be met by the cities and towns individually and that require effective planning by the
22	state; and state and local plans and programs must be properly coordinated with the planning
23	requirements and programs of the federal government.
24	(b) Establishment of statewide planning program.
25	(1) A statewide planning program is hereby established to prepare, adopt, and amend
26	strategic plans for the physical, economic, and social development of the state and to recommend
27	these to the governor, the general assembly, and all others concerned.
28	(2) All strategic planning, as defined in subsection (c) of this section, undertaken by the
29	executive branch for those departments and other agencies enumerated in subsection (g) of this
30	section, all departments and agencies of the executive branch unless specifically exempted, shall
31	be conducted by or under the supervision of the statewide planning program. The statewide
32	planning program shall consist of a state planning council, and the office of strategic planning and
33	the office of systems planning of the division of planning, which shall be a division within the
34	department of administration.
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1	(c) Strategic planning. Strategic planning includes the following activities:
2	(1) Establishing or identifying general goals.
3	(2) Refining or detailing these goals and identifying relationships between them.
4	(3) Formulating, testing, and selecting policies and standards that will achieve desired
5	objectives.
6	(4) Preparing long-range or system plans or comprehensive programs that carry out the
7	policies and set time schedules, performance measures, and targets.
8	(5) Preparing functional short-range plans or programs that are consistent with
9	established or desired goals, objectives, and policies, and with long-range or system plans or
10	comprehensive programs where applicable, and that establish measurable intermediate steps
11	toward their accomplishment of the goals, objectives, policies, and/or long-range system plans.
12	(6) Monitoring the planning of specific projects and designing of specific programs of
13	short duration by the operating departments, other agencies of the executive branch, and political
14	subdivisions of the state to insure that these are consistent with and carry out the intent of
15	applicable strategic plans.
16	(7) Reviewing the execution of strategic plans and the results obtained and making
17	revisions necessary to achieve established goals.
18	(d) State guide plan. Components of strategic plans prepared and adopted in accordance
19	with this section may be designated as elements of the state guide plan. The state guide plan shall
20	be comprised of functional elements or plans dealing with land use; physical development and
21	environmental concerns; economic development; housing production; energy supply, including
22	the development of renewable energy resources in Rhode Island, and energy access, use, and
23	conservation; human services; and other factors necessary to accomplish the objective of this
24	section. The state guide plan shall be a means for centralizing, integrating, and monitoring long-
25	range goals, policies, plans, and implementation activities related thereto. State agencies
26	concerned with specific subject areas, local governments, and the public shall participate in the
27	state guide planning process, which shall be closely coordinated with the budgeting process.
28	(e) Membership of state planning council. The state planning council shall consist of the
29	following members:
30	(1) The director of the department of administration as chairperson;
31	(2) The director, policy office, in the office of the governor, as vice-chairperson;
32	(3) The governor, or his or her designee;
33	(4) The budget officer;
34	(5) The chairperson of the housing resources commission;
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1	(6) The chief of statewide highest-ranking administrative officer of the division
2	of planning, as secretary;
3	(7) The president of the League of Cities and Towns or his or her designee and one
4	official of local government, who shall be appointed by the governor from a list of not less than
5	three (3) submitted by the Rhode Island League Cities and Towns; and
6	(8) The executive director of the League of Cities and Towns;
7	(9) One representative of a nonprofit community development or housing organization;
8	(10) Four (4) Six (6) public members, appointed by the governor one of whom shall be an
9	employer with fewer than fifty (50) employees and one of whom shall be an employer with
10	greater than fifty (50) employees;
11	(11) Two (2) representatives of a private, nonprofit environmental advocacy organization,
12	both to be appointed by the governor; and
13	(12) The director of planning and development for the city of Providence.
14	(13) The director of the department of transportation;
15	(14) The director of the department of environmental management;
16	(15) The director of the department of health;
17	(16) The chief executive officer of the commerce corporation;
18	(17) The commissioner of the Rhode Island office of energy resources;
19	(18) The chief executive officer of the Rhode Island public transit authority;
20	(19) The executive director of Rhode Island housing; and
21	(20) The executive director of the coastal resources management council.
22	(f) Powers and duties of state planning council. The state planning council shall have the
23	following powers and duties:
24	(1) To adopt strategic plans as defined in this section and the long-range state guide plan,
25	and to modify and amend any of these, following the procedures for notification and public
26	hearing set forth in section 42-35-3, and to recommend and encourage implementation of these
27	goals to the general assembly, state and federal agencies, and other public and private bodies;
28	approval of strategic plans by the governor; and to ensure that strategic plans and the long-range
29	state guide plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the
30	"Rhode Island Comprehensive Planning and Land Use Regulation Act";
31	(2) To coordinate the planning and development activities of all state agencies, in
32	accordance with strategic plans prepared and adopted as provided for by this section;
33	(3) To review and comment on the proposed annual work program of the statewide
34	planning program;
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1	(4) To adopt rules and standards and issue orders concerning any matters within its
2	jurisdiction as established by this section and amendments to it;
3	(5) To establish advisory committees and appoint members thereto representing diverse
4	interests and viewpoints as required in the state planning process and in the preparation or
5	implementation of strategic plans. The state planning council shall appoint a permanent
6	committee comprised of:
7	(i) Public members from different geographic areas of the state representing diverse
8	interests, and
9	(ii) Officials of state, local and federal government, which shall review all proposed
10	elements of the state guide plan, or amendment or repeal of any element of the plan, and shall
11	advise the state planning council thereon before the council acts on any such proposal. This
12	committee shall also advise the state planning council on any other matter referred to it by the
13	council; and
14	(6) To establish and appoint members to an executive committee consisting of major
15	participants of a Rhode Island geographic information system with oversight responsibility for its
16	activities.
17	(7) To adopt, on or before July 1, 2007, and to amend and maintain as an element of the
18	state guide plan or as an amendment to an existing element of the state guide plan, standards and
19	guidelines for the location of eligible renewable energy resources and renewable energy facilities
20	in Rhode Island with due consideration for the location of such resources and facilities in
21	commercial and industrial areas, agricultural areas, areas occupied by public and private
22	institutions, and property of the state and its agencies and corporations, provided such areas are of
23	sufficient size, and in other areas of the state as appropriate.
24	(8) To act as the single, statewide metropolitan planning organization for transportation
25	planning, and to promulgate all rules and regulations that are necessary thereto.
26	(g) Division of planning.
27	(1) The division of planning shall be the principal staff agency of the state planning
28	council for preparing and/or coordinating strategic plans for the comprehensive management of
29	the state's human, economic, and physical resources. The division of planning shall recommend
30	to the state planning council specific guidelines, standards, and programs to be adopted to
31	implement strategic planning and the state guide plan and shall undertake any other duties
32	established by this section and amendments thereto.
33	(2) The division of planning shall maintain records (which shall consist of files of
34	complete copies) of all plans, recommendations, rules, and modifications or amendments thereto
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1	adopted or issued by the state planning council under this section. The records shall be open to
2	the public.
3	(3) The division of planning shall manage and administer the Rhode Island geographic
4	information system of land-related resources, and shall coordinate these efforts with other state
5	departments and agencies, including the University of Rhode Island, which shall provide
6	technical support and assistance in the development and maintenance of the system and its
7	associated data base.
8	(4) The division of planning shall coordinate and oversee the provision of technical
9	assistance to political subdivisions of the state in preparing and implementing plans to accomplish
10	the purposes, goals, objectives, policies, and/or standards of applicable elements of the state guide
11	plan and shall make available to cities and towns data and guidelines that may be used in
12	preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and
13	elements thereby.
14	(h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4]
15	(i) The division of planning shall be the principal staff agency of the water resources
16	board established pursuant to chapter 46-15 (“Water Resources Board”) and the water resources
17	board corporate established pursuant to chapter 46-15.1 (“Water Supply Facilities”).
18	SECTION 14. Section 42-11-10.1 of the General Laws in Chapter 42-11 entitled
19	"Department of Administration" is hereby repealed.
20	42-11-10.1. Transfer of powers, functions and resources from the water resources
21	board. –
22	(a) There are hereby transferred to the division of planning within the department of
23	administration those powers and duties formerly administered by the employees of the water
24	resources board as provided for in chapter 46-15 (“Water Resources Board”) through 46-15.8
25	(“Water Use and Efficiency Act”), inclusive, and any other applicable provisions of the general
26	laws; provided, however, the governor shall submit to the 2012 assembly any recommended
27	statutory changes necessary to facilitate the merger.
28	(b) All resources of the water resources board, including, but not limited to, property,
29	employees and accounts, are hereby transferred to the division of planning.
30	(c) As part of the above transfer, except for the general manager, all employees of the
31	water resources board currently subject to the provisions of chapter 4 of title 36 shall continue to
32	be subject to those provisions.
33	SECTION 15. Section 46-15.1-19.1 of the General Laws in Chapter 46-15.1 entitled
34	"Water Supply Facilities" is hereby amended to read as follows:
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1	46-15.1-19.1. Big River Reservoir – Administration.
2	The Rhode Island water resources board, established pursuant to this chapter and chapter
3	15 of this title, department of administration shall be the only designated agency which will
4	administer those lands acquired for the Big River Reservoir as established under section 23 of
5	chapter 133 of the Public Laws of 1964. The director of the department of environmental
6	management and the director's authorized agents, employees, and designees shall, together with
7	the water resources board department of administration in accordance with the Big River
8	management area land use plan for the lands, protect the natural resources of the Big River
9	Reservoir lands. The lands of the Big River Reservoir are subject to enforcement authority of the
10	department of environmental management, as provided for in chapter 17.1 of title 42, and as
11	provided for in title 20 of the General Laws.
12	SECTION 16. Section 42-133-6 of the General Laws in Chapter entitled “Tobacco
13	Settlement Financing Corporation Act” is hereby amended to read as follows:
14	42-133-6. Board and officers.
15	(a)(1) The powers of the corporation shall be vested in a board consisting of five (5)
16	members, which shall constitute the governing body of the corporation, and which shall be
17	comprised as follows: two (2) members of the state investment commission to be appointed by
18	the governor who shall give due consideration to the recommendation of the chair of the
19	investment commission, the state budget officer, who shall serve as chairperson, the general
20	treasurer or designee, the director of revenue or designee and three (3) two (2) members of the
21	general public appointed by the governor with the advice and consent of the senate. Each public
22	member shall serve for a term of two (2) four (4) years, except that any member appointed to fill
23	a vacancy shall serve only until the expiration of the unexpired term of such member's
24	predecessor in office. Each member shall continue to hold office until a successor has been
25	appointed. Members shall be eligible for reappointment. No person shall be eligible for
26	appointment unless such person is a resident of the state. Each member, before entering upon the
27	duties of the office of member, shall swear or solemnly affirm to administer the duties of office
28	faithfully and impartially, and such oath or affirmation shall be filed in the office of the secretary
29	of state.
30	(2) Those members of the board as of July 9, 2005 who were appointed to the board by
31	members of the general assembly shall cease to be members of the board on July 9, 2005, and the
32	governor shall thereupon seek recommendations from the chair of the state investment
33	commission for him or her duly to consider for the appointment of two (2) members thereof.
34	Those members of the board as of July 9, 2005 who were appointed to the board by the governor
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1	shall continue to serve the balance of their current terms.
2	(3)(2) Newly appointed and qualified public members shall, within six (6) months of their
3	qualification or designation, attend a training course that shall be developed with board approval
4	and conducted by the chair of the board and shall include instruction in the subject area of
5	chapters 46 of this title, 133 of this title, 14 of title 36, and 2 of title 38; and the board's rules and
6	regulations. The director of the department of administration shall, within ninety (90) days of July
7	9, 2005, prepare and disseminate training materials relating to the provisions of chapters 46 of
8	this title, 14 of title 36 and 2 of title 38.
9	(b) Members shall receive no compensation for the performance of their duties.
10	(c) The board shall elect one of its members to serve as chairperson. Three (3) members
11	shall constitute a quorum, and any action to be taken by the corporation under the provisions of
12	this chapter may be authorized by resolution approved by a majority of the members present and
13	voting at any regular or special meeting at which a quorum is present.
14	(d) In addition to electing a chairperson, the The board shall appoint a secretary and such
15	additional officers as it shall deem appropriate.
16	(e) Any action taken by the corporation under the provisions of this chapter may be
17	authorized by vote at any regular or special meeting, and the vote shall take effect immediately.
18	(f) Any action required by this chapter to be taken at a meeting of the board shall comply
19	with chapter 46 of this title, entitled "Open Meetings."
20	(g) To the extent that administrative assistance is needed for the functions and operations
21	of the board, the corporation may by contract or agreement obtain this assistance from the
22	director of administration, the attorney general, and any successor officer at such cost to the
23	corporation as shall be established by such contract or agreement. The board, however, shall
24	remain responsible for, and provide oversight of, proper implementation of this chapter.
25	(h) Members of the board and persons acting on the corporation's behalf, while acting
26	within the scope of their employment or agency, are not subject to personal liability resulting
27	from carrying out the powers and duties conferred on them under this chapter.
28	(i) The state shall indemnify and hold harmless every past, present, or future board
29	member, officer or employee of the corporation who is made a party to or is required to testify in
30	any action, investigation, or other proceeding in connection with or arising out of the performance
31	or alleged lack of performance of that person's duties on behalf of the corporation. These persons
32	shall be indemnified and held harmless, whether they are sued individually or in their capacities
33	as board members, officers or employees of the corporation, for all expenses, legal fees and/or
34	costs incurred by them during or resulting from the proceedings, and for any award or judgment
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1	arising out of their service to the corporation that is not paid by the corporation and is sought to
2	be enforced against a person individually, as expenses, legal fees, costs, awards or judgments
3	occur; provided, that neither the state nor the corporation shall indemnify any member, officer, or
4	employee:
5	(1) For acts or omissions not in good faith or which involve intentional misconduct or a
6	knowing violation of law;
7	(2) For any transaction from which the member derived an improper personal benefit; or
8	(3) For any malicious act.
9	(j) Public members of the board shall be removable by the governor, pursuant to the
10	provisions of § 36-1-7, for cause only, and removal solely for partisan or personal reasons
11	unrelated to capacity or fitness for the office shall be unlawful.
12	SECTION 17. Sections 44-31.2-2 and 44-31.2-6 of the General Laws in Chapter 44-31.2
13	entitled “Motion Picture Production Tax Credits” are hereby amended to read as follows:
14	44-31.2-2. Definitions.
15	For the purposes of this chapter:
16	(1) "Accountant's certification" as provided in this chapter means a certified audit by a
17	Rhode Island certified public accountant licensed in accordance with chapter 3.1 of title 5.
18	(2) "Application year" means within the calendar year the motion picture production
19	company files an application for the tax credit.
20	(3) "Base investment" means the actual investment made and expended by a state-
21	certified production in the state as production-related costs.
22	(4) "Documentary production" means a non-fiction production intended for educational
23	or commercial distribution that may require out-of-state principal photography.
24	(5) "Domiciled in Rhode Island" means a corporation incorporated in Rhode Island or a
25	partnership, limited liability company, or other business entity formed under the laws of the state
26	of Rhode Island for the purpose of producing motion pictures as defined in this section, or an
27	individual who is a domiciled resident of the state of Rhode Island as defined in chapter 30 of this
28	title.
29	(6) "Final production budget" means and includes the total pre-production, production,
30	and post-production out-of-pocket costs incurred and paid in connection with the making of the
31	motion picture. The final production budget excludes costs associated with the promotion or
32	marketing of the motion picture.
33	(7) "Motion picture" means a feature-length film, documentary production, video,
34	television series, or commercial made in Rhode Island, in whole or in part, for theatrical or
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1	television viewing or as a television pilot or for educational distribution. The term "motion
2	picture" shall not include the production of television coverage of news or athletic events, nor
3	shall it apply to any film, video, television series, or commercial or a production for which
4	records are required under 18 U.S.C. § 2257, to be maintained with respect to any performer in
5	such production or reporting of books, films, etc. with respect to sexually explicit conduct.
6	(8) "Motion picture production company" means a corporation, partnership, limited
7	liability company, or other business entity engaged in the business of producing one or more
8	motion pictures as defined in this section. Motion picture production company shall not mean or
9	include:
10	(a) Any company owned, affiliated, or controlled, in whole or in part, by any company or
11	person who or that is in default:
12	(i) On taxes owed to the state; or
13	(ii) On a loan made by the state in the application year; or
14	(iii) On a loan guaranteed by the state in the application year; or
15	(b) Any company or person who or that has discharged an obligation to pay or repay
16	public funds or monies by:
17	(i) Filing a petition under any federal or state bankruptcy or insolvency law;
18	(ii) Having a petition filed under any federal or state bankruptcy or insolvency law
19	against such company or person;
20	(iii) Consenting to, or acquiescing or joining in, a petition named in (i) or (ii);
21	(iv) Consenting to, or acquiescing or joining in, the appointment of a custodian, receiver,
22	trustee, or examiner for such company's or person's property; or
23	(v) Making an assignment for the benefit of creditors or admitting in writing or in any
24	legal proceeding its insolvency or inability to pay debts as they become due.
25	(9) "Primary locations" means the locations that (1) At least fifty-one percent (51%) of
26	the motion picture principal photography days are filmed; or (2) At least fifty-one percent (51%)
27	of the motion picture's final production budget is spent and employs at least five (5) individuals
28	during the production in this state; or (3) For documentary productions, the location of at least
29	fifty-one percent (51%) of the total productions days, which shall include pre-production and
30	post-production locations.
31	(10) "Rhode Island film and television office" means an office within the department of
32	administration Rhode Island Council on the Arts that has been established in order to promote
33	and encourage the locating of film and television productions within the state of Rhode Island.
34	The office is also referred to within as the "film office".
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1	(11) "State-certified production" means a motion picture production approved by the
2	Rhode Island film office and produced by a motion picture production company domiciled in
3	Rhode Island, whether or not such company owns or controls the copyright and distribution rights
4	in the motion picture; provided, that such company has either:
5	(a) Signed a viable distribution plan; or
6	(b) Is producing the motion picture for:
7	(i) A major motion picture distributor;
8	(ii) A major theatrical exhibitor;
9	(iii) Television network; or
10	(iv) Cable television programmer.
11	(12) "State-certified production cost" means any pre-production, production, and post-
12	production cost that a motion picture production company incurs and pays to the extent it occurs
13	within the state of Rhode Island. Without limiting the generality of the foregoing, "state-certified
14	production costs" include: set construction and operation; wardrobes, make-up, accessories, and
15	related services; costs associated with photography and sound synchronization, lighting, and
16	related services and materials; editing and related services, including, but not limited to: film
17	processing, transfers of film to tape or digital format, sound mixing, computer graphics services,
18	special effects services, and animation services, salary, wages, and other compensation, including
19	related benefits, of persons employed, either directly or indirectly, in the production of a film
20	including writer, motion picture director, producer (provided the work is performed in the state of
21	Rhode Island); rental of facilities and equipment used in Rhode Island; leasing of vehicles; costs
22	of food and lodging; music, if performed, composed, or recorded by a Rhode Island musician, or
23	released or published by a person domiciled in Rhode Island; travel expenses incurred to bring
24	persons employed, either directly or indirectly, in the production of the motion picture, to Rhode
25	Island (but not expenses of such persons departing from Rhode Island); and legal (but not the
26	expense of a completion bond or insurance and accounting fees and expenses related to the
27	production's activities in Rhode Island); provided such services are provided by Rhode Island
28	licensed attorneys or accountants.
29	44-31.2-6. Certification and administration.
30	(a) Initial certification of a production. The applicant shall properly prepare, sign and
31	submit to the film office an application for initial certification of the Rhode Island production.
32	The application shall include such information and data as the film office deems necessary for the
33	proper evaluation and administration of said application, including, but not limited to, any
34	information about the motion picture production company, and a specific Rhode Island motion
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1	picture. The film office shall review the completed application and determine whether it meets
2	the requisite criteria and qualifications for the initial certification for the production. If the initial
3	certification is granted, the film office shall issue a notice of initial certification of the motion
4	picture production to the motion picture production company and to the tax administrator. The
5	notice shall state that, after appropriate review, the initial application meets the appropriate
6	criteria for conditional eligibility. The notice of initial certification will provide a unique
7	identification number for the production and is only a statement of conditional eligibility for the
8	production and, as such, does not grant or convey any Rhode Island tax benefits.
9	(b) Final certification of a production. Upon completion of the Rhode Island production
10	activities, the applicant shall request a certificate of good standing from the Rhode Island division
11	of taxation. Such certificates shall verify to the film office the motion picture production
12	company's compliance with the requirements of subsection 44-31.2-2(5). The applicant shall
13	properly prepare, sign and submit to the film office an application for final certification of the
14	production and which must include the certificate of good standing from the division of taxation.
15	In addition, the application shall contain such information and data as the film office determines
16	is necessary for the proper evaluation and administration, including, but not limited to, any
17	information about the motion picture production company, its investors and information about the
18	production previously granted initial certification. The final application shall also contain a cost
19	report and an "accountant's certification". The film office and tax administrator may rely without
20	independent investigation, upon the accountant's certification, in the form of an opinion,
21	confirming the accuracy of the information included in the cost report. Upon review of a duly
22	completed and filed application, the film office will make a determination pertaining to the final
23	certification of the production. Within ninety (90) days after the division of taxation's receipt of
24	the motion picture production company final certification and cost report, the division of taxation
25	shall issue a certification of the amount of credit for which the motion picture production
26	company qualifies under § 44-31.2-5. To claim the tax credit, the division of taxation's
27	certification as to the amount of the tax credit shall be attached to all state tax returns on which
28	the credit is claimed.
29	(c) Final certification and credits. Upon determination that the motion picture production
30	company qualifies for final certification, the film office shall issue a letter to the production
31	company indicating "certificate of completion of a state certified production". A motion picture
32	production company is prohibited from using state funds, state loans or state guaranteed loans to
33	qualify for the motion picture tax credit. All documents that are issued by the film office pursuant
34	to this section shall reference the identification number that was issued to the production as part
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1	of its initial certification.
2	(d) The director of the department of,administration, the Rhode Island Council on the
3	Arts, in consultation as needed with the tax administrator, shall promulgate such rules and
4	regulations as are necessary to carry out the intent and purposes of this chapter in accordance with
5	the general guidelines provided herein for the certification of the production and the resultant
6	production credit.
7	(e) The tax administrator of the division of taxation, in consultation with the director of
8	the Rhode Island film and television office, shall promulgate such rules and regulations as are
9	necessary to carry out the intent and purposes of this chapter in accordance with the general
10	guidelines for the tax credit provided herein.
11	(f) Any motion picture production company applying for the credit shall be required to
12	reimburse the division of taxation for any audits required in relation to granting the credit.
13	SECTION 18. Section 42-63.1-3 of the General Laws in Chapter 42-63.1 entitled
14	“Tourism and Development” is hereby amended to read as follows:
15	42-63.1-3. Distribution of tax.
16	(a) For returns and tax payments received on or before December 31, 2015, except as
17	provided in § 42-63.1-12, the proceeds of the hotel tax, excluding such portion of the hotel tax
18	collected from residential units offered for tourist or transient use through a hosting platform,
19	shall be distributed as follows by the division of taxation and the city of Newport:
20	(1) Forty-seven percent (47%) of the tax generated by the hotels in the district, except as
21	otherwise provided in this chapter, shall be given to the regional tourism district wherein the hotel
22	is located; provided, however, that from the tax generated by the hotels in the city of Warwick,
23	thirty-one percent (31%) of the tax shall be given to the Warwick regional tourism district
24	established in § 42-63.1-5(a)(5) and sixteen percent (16%) of the tax shall be given to the Greater
25	Providence-Warwick Convention and Visitors' Bureau established in § 42-63.1-11; and provided
26	further, that from the tax generated by the hotels in the city of Providence, sixteen percent (16%)
27	of that tax shall be given to the Greater Providence-Warwick Convention and Visitors' Bureau
28	established by § 42-63.1-11, and thirty-one percent (31%) of that tax shall be given to the
29	Convention Authority of the city of Providence established pursuant to the provisions of chapter
30	84 of the public laws of January, 1980; provided, however, that the receipts attributable to the
31	district as defined in § 42-63.1-5(a)(7) shall be deposited as general revenues, and that the
32	receipts attributable to the district as defined in § 42-63.1-5(a)(8) shall be given to the Rhode
33	Island commerce corporation as established in chapter 64 of title 42.
34	(2) Twenty-five percent (25%) of the hotel tax shall be given to the city or town where
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1	the hotel, which generated the tax, is physically located, to be used for whatever purpose the city
2	or town decides. The tax administrator is authorized to withhold and offset from any distribution
3	pursuant to this section any amounts owed to state agencies consistent with the requirements of
4	R.I. Gen. Laws § 45-13-1.1.
5	(3) Twenty-one (21%) of the hotel tax shall be given to the Rhode Island commerce
6	corporation established in chapter 64 of title 42, and seven percent (7%) to the Greater
7	Providence-Warwick Convention and Visitors' Bureau.
8	(b) For returns and tax payments received after December 31, 2015, except as provided in
9	§ 42-63.1-12, the proceeds of the hotel tax, excluding such portion of the hotel tax collected from
10	residential units offered for tourist or transient use through a hosting platform, shall be distributed
11	as follows by the division of taxation and the city of Newport:
12	(1) For the tax generated by the hotels in the Aquidneck Island district, as defined in §
13	42-63.1-5, forty-two percent (42%) of the tax shall be given to the Aquidneck Island district,
14	twenty-five (25%) of the tax shall be given to the city or town where the hotel, which generated
15	the tax, is physically located, five percent (5%) of the tax shall be given to the Greater
16	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-
17	eight percent (28%) of the tax shall be given to the Rhode Island commerce corporation
18	established in chapter 64 of title 42.
19	(2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-
20	5, twenty eight percent (28%) of the tax shall be given to the Providence district, twenty-five
21	percent (25%) of the tax shall be given to the city or town where the hotel, which generated the
22	tax, is physically located, twenty-three (23%) of the tax shall be given to the Greater Providence-
23	Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-four (24%) of
24	the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of title
25	42.
26	(3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5,
27	twenty-eight percent (28%) of the tax shall be given to the Warwick District, twenty-five percent
28	(25%) of the tax shall be given to the city or town where the hotel, which generated the tax, is
29	physically located, twenty-three percent (23%) of the tax shall be given to the Greater
30	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-
31	four (24%) of the tax shall be given to the Rhode Island commerce corporation established in
32	chapter 64 of title 42.
33	(4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5,
34	twenty-five percent (25%) of the tax shall be given to the city or town where the hotel, which
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1	generated the tax, is physically located, five percent (5%) of the tax shall be given to the Greater
2	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy
3	percent (70%) of the tax shall be given to the Rhode Island commerce corporation established in
4	chapter 64 of title 42.
5	(5) With respect to the tax generated by hotels in districts other than those set forth in
6	subdivisions (b)(1) through (b)(4), forty-two percent (42%) of the tax shall be given to the
7	regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located, twenty-five
8	percent (25%) of the tax shall be given to the city or town where the hotel, which generated the
9	tax, is physically located, five percent (5%) of the tax shall be given to the Greater Providence-
10	Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight (28%) of
11	the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of title
12	42.
13	(c) The proceeds of the hotel tax collected from residential units offered for tourist or
14	transient use through a hosting platform shall be distributed as follows by the division of taxation
15	and the city of Newport: twenty-five percent (25%) of the tax shall be given to the city or town
16	where the residential unit, which generated the tax, is physically located, and seventy-five percent
17	(75%) of the tax shall be given to the Rhode Island commerce corporation established in chapter
18	64 of title 42.
19	(d) The Rhode Island commerce corporation shall be required in each fiscal year to spend
20	on the promotion and marketing of Rhode Island as a destination for tourists or businesses an
21	amount of money of no less than the total proceeds of the hotel tax it receives pursuant to this
22	chapter for such fiscal year.
23	(e) Notwithstanding the foregoing provisions of this section, for returns and tax payments
24	received on or after July 1, 2016 and on or before June 30, 2017, except as provided in § 42-63.1-
25	12, the proceeds of the hotel tax, excluding such portion of the hotel tax collected from residential
26	units offered for tourist or transient use through a hosting platform, shall be distributed in
27	accordance with the distribution percentages established in § 42-63.1-3(a)(1) through § 42-63.1-
28	3(a)(3) by the division of taxation and the city of Newport.
29	SECTION 19. Section 44-13-13 of the General Laws in Chapter 44-13 entitled “Public
30	Service Corporation Tax” is hereby amended to read as follows:
31	44-13-13. Taxation of certain tangible personal property.
32	The lines, cables, conduits, ducts, pipes, machines and machinery, equipment, and other
33	tangible personal property within this state of telegraph, cable, and telecommunications
34	corporations and express corporations, used exclusively in the carrying on of the business of the
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1	corporation shall be exempt from local taxation; provided, that nothing in this section shall be
2	construed to exempt any "community antenna television system company" (CATV) from local
3	taxation; and provided, that the tangible personal property of companies exempted from local
4	taxation by the provisions of this section shall be subject to taxation in the following manner:
5	(1) Definitions. Whenever used in this section and in §§ 44-13-13.1 and 44-13-13.2,
6	unless the context otherwise requires:
7	(i) "Average assessment ratio" means the total assessed valuation as certified on tax rolls
8	for the reference year divided by the full market value of the valuation as computed by the Rhode
9	Island department of revenue in accordance with § 16-7-21;
10	(ii) "Average property tax rate" means the statewide total property levy divided by the
11	statewide total assessed valuation as certified on tax rolls for the most recent tax year;
12	(iii) "Company" means any telegraph, cable, telecommunications, or express company
13	doing business within the state of Rhode Island;
14	(iv) "Department" means the department of revenue;
15	(v) "Population" shall mean the population as determined by the most recent census;
16	(vi) "Reference year" means the calendar year two (2) years prior to the calendar year
17	preceding that in which the tax payment provided for by this section is levied;
18	(vii) "Value of tangible personal property" of companies means the net book value of
19	tangible personal property of each company doing business in this state as computed by the
20	department of revenue. "Net book value" means the original cost less accumulated depreciation;
21	provided, that no tangible personal property shall be depreciated more than seventy-five percent
22	(75%) of its original cost.
23	(2) On or before March 1 of each year, each company shall declare to the department, on
24	forms provided by the department, the value of its tangible personal property in the state of
25	Rhode Island on the preceding December 31.
26	(3) On or before April 1, 1982 and each April 1 thereafter of each year, the division of
27	property valuation shall certify to the tax administrator the average property tax rate, the average
28	assessment ratio, and the value of tangible personal property of each company.
29	(4) The tax administrator shall apply the average assessment ratio and the average tax rate
30	to the value of tangible personal property of each company and, by April 15 of each year, shall
31	notify the companies of the amount of tax due. For each filing relating to tangible personal
32	property as of December 31, 2008 and thereafter the tax rate applied by the tax administrator shall
33	be not less than the rate applied in the prior year.
34	(5) The tax shall be due and payable within sixty (60) days of the mailing of the notice by
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1	the tax administrator. If the entire tax is not paid to the tax administrator when due, there shall be
2	added to the unpaid portion of the tax, and made a part of the tax, interest at the rate provided for
3	in § 44-1-7 from the date the tax was due until the date of the payment. The amount of any tax,
4	including interest, imposed by this section shall be a debt due from the company to the state, shall
5	be recoverable at law in the same manner as other debts, and shall, until collected, constitute a
6	lien upon all the company's property located in this state.
7	(6) The proceeds from the tax shall be allocated in the following manner:
8	(i) Payment of reasonable administrative expenses incurred by the department of revenue,
9	not to exceed three quarters of one percent (.75%), the payment to be identified as general
10	revenue and appropriated directly to the department;
11	(ii) The remainder of the proceeds shall be deposited in a restricted revenue account and
12	shall be apportioned to the cities and towns within this state on the basis of the ratio of the city or
13	town population to the population of the state as a whole. Estimated revenues shall be distributed
14	to cities and towns by July 30 and may be recorded as a receivable by each city and town for the
15	prior fiscal year. The Department is authorized to withhold and offset from any distribution
16	pursuant to this section any amounts owed to state agencies consistent with the requirements of
17	R.I. Gen. Laws § 45-13-1.1.
18	SECTION 20. Section 44-18-18.1 of the General Laws in Chapter 44-18 entitled “Sales
19	and Use Taxes – Liability and Computation” is hereby amended to read as follows:
20	44-18-18.1. Local meals and beverage tax.
21	(a) There is hereby levied and imposed, upon every purchaser of a meal and/or beverage,
22	in addition to all other taxes and fees now imposed by law, a local meals and beverage tax upon
23	each and every meal and/or beverage sold within the state of Rhode Island in or from an eating
24	and/or drinking establishment, whether prepared in the eating and/or drinking establishment or
25	not and whether consumed at the premises or not, at a rate of one percent of the gross receipts.
26	The tax shall be paid to the tax administrator by the retailer at the time and in the manner
27	provided.
28	(b) All sums received by the division of taxation under this section as taxes, penalties, or
29	forfeitures, interest, costs of suit, and fines shall be distributed at least quarterly and credited and
30	paid by the state treasurer to the city or town where the meals and beverages are delivered. The
31	tax administrator is authorized to withhold and offset from any distribution pursuant to this
32	section any amounts owed to state agencies consistent with the requirements of R.I. Gen. Laws §
33	45-13-1.1.
34	(c) When used in this section, the following words have the following meanings:
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1	(1) "Beverage" means all nonalcoholic beverages, as well as alcoholic beverages, beer,
2	lager beer, ale, porter, wine, similar fermented malt, or vinous liquor.
3	(2) "Eating and/or drinking establishment" means and includes restaurants, bars, taverns,
4	lounges, cafeterias, lunch counters, drive-ins, roadside ice cream and refreshment stands, fish-
5	and-chip places, fried chicken places, pizzerias, food-and-drink concessions, or similar facilities
6	in amusement parks, bowling alleys, clubs, caterers, drive-in theatres, industrial plants, race
7	tracks, shore resorts or other locations, lunch carts, mobile canteens and other similar vehicles,
8	and other like places of business that furnish or provide facilities for immediate consumption of
9	food at tables, chairs, or, counters or from trays, plates, cups, or other tableware, or in parking
10	facilities provided primarily for the use of patrons in consuming products purchased at the
11	location. Ordinarily, eating establishment does not mean and include food stores and
12	supermarkets. Eating establishments does not mean "vending machines," a self-contained
13	automatic device that dispenses for sale foods, beverages, or confection products. Retailers
14	selling prepared foods in bulk, either in customer-furnished containers or in the seller's
15	containers, for example "Soup and Sauce" establishments, are deemed to be selling prepared
16	foods ordinarily for immediate consumption and, as such, are considered eating establishments.
17	(3) "Meal" means any prepared food or beverage offered or held out for sale by an eating
18	and/or drinking establishment for the purpose of being consumed by any person to satisfy the
19	appetite and that is ready for immediate consumption. All such food and beverage, unless
20	otherwise specifically exempted or excluded herein shall be included, whether intended to be
21	consumed on the seller's premises or elsewhere, whether designated as breakfast, lunch, snack,
22	dinner, supper, or by some other name, and without regard to the manner, time, or place of
23	service.
24	(d) This local meals and beverage tax shall be administered and collected by the division
25	of taxation, and unless provided to the contrary in this chapter, all of the administration,
26	collection, and other provisions of chapters 18 and 19 of this title apply.
27	In recognition of the work being performed by the streamlined sales and use tax
28	governing board, upon passage of any federal law that authorizes states to require remote sellers
29	to collect and remit sales and use taxes, the rate imposed under this section shall be increased
30	from one percent (1%) to one and one-half percent (1.5%). The one and one-half percent (1.5%)
31	rate shall take effect on the date that the state requires remote sellers to collect and remit sales and
32	use taxes.
33	SECTION 21. Section 45-13-1.1 of the General Laws in Chapter 45-13 entitled “Aid
34	reduced by amounts owed state entities” is hereby amended to read as follows:
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1	45-13-1.1. Aid reduced by amounts owed state entities.
2	If any city or town fails to pay any assessment, bill, or charge levied, presented, or
3	imposed by any public or quasi-public board, commission, corporation, council, authority,
4	agency, department, committee or other similar body organized under the laws of this state,
5	within ninety (90) one hundred eighty (180) days of the presentment for payment of the
6	assessment, bill, or charge to the city or town, then there shall be deducted from any state aid
7	determined to be due under the provisions of this chapter, or from any funds distributed pursuant
8	to chapters 44-18 (sales and use tax) and 44-13 (public service corporation tax) of Title 44, and an
9	amount equal to that due and owing any or all of those commissions; provided, that the amount of
10	any deduction shall be reduced by the amount of any bill or charge presented for payment by city
11	or town to the state, which bill or charge has not been paid by the state within ninety (90) one
12	hundred eighty (180) days of presentment.
13	SECTION 22. This Article shall take effect upon passage.
14	ARTICLE 4
15	RELATING TO TAXES AND REVENUE
16	SECTION 1. Sections 42-61-4 and 42-61-15 of the General Laws in Chapter 61 entitled
17	“State Lottery” are hereby amended to read as follows:
18	42-61-4. Powers and duties of director.
19	The director shall have the power and it shall be his or her duty to:
20	(1) Supervise and administer the operation of lotteries in accordance with this chapter,
21	chapter 61.2 of this title and with the rules and regulations of the division;
22	(2) Act as the chief administrative officer having general charge of the office and records
23	and to employ necessary personnel to serve at his or her pleasure and who shall be in the
24	unclassified service and whose salaries shall be set by the director of the department of revenue,
25	pursuant to the provisions of § 42-61-3.
26	(3) In accordance with this chapter and the rules and regulations of the division, license
27	as agents to sell lottery tickets those persons, as in his or her opinion, who will best serve the
28	public convenience and promote the sale of tickets or shares. The director may require a bond
29	from every licensed agent, in an amount provided in the rules and regulations of the division.
30	Every licensed agent shall prominently display his or her license, or a copy of their license, as
31	provided in the rules and regulations of the committee;
32	(4) Confer regularly as necessary or desirable, and not less than nine (9) times per year,
33	with the permanent joint committee on state lottery on the operation and administration of the
34	lotteries; make available for inspection by the committee, upon request, all books, records, files,
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1	and other information, and documents of the division; advise the committee and recommend
2	those matters that he or she deems necessary and advisable to improve the operation and
3	administration of the lotteries;
4	(5) Suspend or revoke any license issued pursuant to this chapter, chapter 61.2 of this title
5	or the rules and regulations promulgated under this chapter and chapter 61.2 of this title;
6	(6) Enter into contracts for the operation of the lotteries, or any part of the operation of
7	the lotteries, and into contracts for the promotion of the lotteries;
8	(7) Ensure that monthly financial reports are prepared providing gross monthly revenues,
9	prize disbursements, other expenses, net income, and the amount transferred to the state general
10	fund for keno and for all other lottery operations; submit this report to the state budget officer, the
11	auditor general, the permanent joint committee on state lottery, the legislative fiscal advisors, and
12	the governor no later than the twentieth business day following the close of the month; the
13	monthly report shall be prepared in a manner prescribed by the members of the revenues
14	estimating conference; at the end of each fiscal year the director shall submit an annual report
15	based upon an accrual system of accounting which shall include a full and complete statement of
16	lottery revenues, prize disbursements and expenses, to the governor and the general assembly,
17	which report shall be a public document and shall be filed with the secretary of state;
18	(8) Carry on a continuous study and investigation of the state lotteries throughout the
19	state, and the operation and administration of similar laws, which may be in effect in other states
20	or countries; and the director shall continue to exercise his authority to study, evaluate and where
21	deemed feasible and advisable by the director, implement lottery-related initiatives, including but
22	not limited to, pilot programs for limited periods of time, with the goal of generating additional
23	revenues to be transferred by the Lottery to the general fund pursuant to R.I. Gen. Laws §42-61-
24	15(3). Each such initiative shall be subjectively evaluated from time to time using measurable
25	criteria to determine whether the initiative is generating revenue to be transferred by the Lottery
26	to the general fund. Nothing herein shall be deemed to permit the implementation of an initiative
27	that would constitute an expansion of gambling requiring voter approval under applicable Rhode
28	Island law.
29	(9) Implement the creation and sale of commercial advertising space on lottery tickets as
30	authorized by § 42-61-4 of this chapter as soon as practicable after June 22, 1994;
31	(10) Promulgate rules and regulations, which shall include, but not be limited to:
32	(i) The price of tickets or shares in the lotteries;
33	(ii) The number and size of the prizes on the winning tickets or shares;
34	(iii) The manner of selecting the winning tickets or shares;
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1	(iv) The manner of payment of prizes to the holders of winning tickets or shares;
2	(v) The frequency of the drawings or selections of winning tickets or shares;
3	(vi) The number and types of location at which tickets or shares may be sold;
4	(vii) The method to be used in selling tickets or shares;
5	(viii) The licensing of agents to sell tickets or shares, except that a person under the age
6	of eighteen
7	(18) shall not be licensed as an agent;
8	(ix) The license fee to be charged to agents;
9	(x) The manner in which the proceeds of the sale of lottery tickets or shares are
10	maintained, reported, and otherwise accounted for;
11	(xi) The manner and amount of compensation to be paid licensed sales agents necessary
12	to provide for the adequate availability of tickets or shares to prospective buyers and for the
13	convenience of the general public;
14	(xii) The apportionment of the total annual revenue accruing from the sale of lottery
15	tickets or shares and from all other sources for the payment of prizes to the holders of winning
16	tickets or shares, for the payment of costs incurred in the operation and administration of the
17	lotteries, including the expense of the division and the costs resulting from any contract or
18	contracts entered into for promotional, advertising, consulting, or operational services or for the
19	purchase or lease of facilities, lottery equipment, and materials, for the repayment of moneys
20	appropriated to the lottery fund;
21	(xiii) The superior court upon petition of the director after a hearing may issue subpoenas
22	to compel the attendance of witnesses and the production of documents, papers, books, records,
23	and other evidence in any matter over which it has jurisdiction, control or supervision. If a person
24	subpoenaed to attend in the proceeding or hearing fails to obey the command of the subpoena
25	without reasonable cause, or if a person in attendance in the proceeding or hearing refuses
26	without lawful cause to be examined or to answer a legal or pertinent question or to exhibit any
27	book, account, record, or other document when ordered to do so by the court, that person may be
28	punished for contempt of the court;
29	(xiv) The manner, standards, and specification for the process of competitive bidding for
30	division purchases and contracts; and
31	(xv) The sale of commercial advertising space on the reverse side of, or in other available
32	areas upon, lottery tickets provided that all net revenue derived from the sale of the advertising
33	space shall be deposited immediately into the state's general fund and shall not be subject to the
34	provisions of § 42-61-15.
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1	42-61-15. State lottery fund.
2	(a) There is created the state lottery fund, into which shall be deposited all revenues
3	received by the division from the sales of lottery tickets and license fees. The fund shall be in the
4	custody of the general treasurer, subject to the direction of division for the use of the division, and
5	money shall be disbursed from it on the order of the controller of the state, pursuant to vouchers
6	or invoices signed by the director and certified by the director of administration. The moneys in
7	the state lottery fund shall be allotted in the following order, and only for the following purposes:
8	(1) Establishing a prize fund from which payments of the prize awards shall be disbursed
9	to holders of winning lottery tickets on checks signed by the director and countersigned by the
10	controller of the state or his or her designee.
11	(i) The amount of payments of prize awards to holders of winning lottery tickets shall be
12	determined by the division, but shall not be less than forty-five percent (45%) nor more than
13	sixty-five percent (65%) of the total revenue accruing from the sale of lottery tickets.
14	(ii) For the lottery game commonly known as "Keno", the amount of prize awards to
15	holders of winning Keno tickets shall be determined by the division, but shall not be less than
16	forty-five percent (45%) nor more than seventy-two percent (72%) of the total revenue accruing
17	from the sale of Keno tickets.
18	(2) Payment of expenses incurred by the division in the operation of the state lotteries
19	including, but not limited to, costs arising from contracts entered into by the director for
20	promotional, consulting, or operational services, salaries of professional, technical, and clerical
21	assistants, and purchases or lease of facilities, lottery equipment, and materials; provided
22	however, solely for the purpose of determining revenues remaining and available for transfer to
23	the state's general fund, beginning in fiscal year 2015 expenses incurred by the division in the
24	operation of state lotteries shall reflect (i) beginning in fiscal year 2015, the actuarially
25	determined employer contribution to the Employees' Retirement System consistent with the
26	state's adopted funding policy and (ii) beginning in fiscal year 2018, the actuarially determined
27	employer contribution to the State Employees and Electing Teachers’ OPEB System consistent
28	with the state’s adopted funding policy. For financial reporting purposes, the state lottery fund
29	financial statements shall be prepared in accordance with generally accepted accounting
30	principles as promulgated by the Governmental Accounting Standards Board; and
31	(3) Payment into the general revenue fund of all revenues remaining in the state lottery
32	fund after the payments specified in subdivisions (a)(1) – (a)(2) of this section.
33	(b) The auditor general shall conduct an annual post audit of the financial records and
34	operations of the lottery for the preceding year in accordance with generally accepted auditing
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1	standards and government auditing standards. In connection with the audit, the auditor general
2	may examine all records, files, and other documents of the division, and any records of lottery
3	sales agents that pertain to their activities as agents, for purposes of conducting the audit. The
4	auditor general, in addition to the annual post audit, may require or conduct any other audits or
5	studies he or she deems appropriate, the costs of which shall be borne by the division.
6	(c) Payments into the state's general fund specified in subsection (a)(3) of this section
7	shall be made on an estimated quarterly basis. Payment shall be made on the tenth business day
8	following the close of the quarter except for the fourth quarter when payment shall be on the last
9	business day.
10	SECTION 2. Chapter 42-61.2 of the General Laws entitled “Video-Lottery Terminal” is
11	hereby amended by adding thereto the following section:
12	42-61.2-2.4. State to conduct sports wagering hosted by Twin River and the Tiverton
13	Gaming Facility. –
14	(a) Article VI, Section 22 of the Rhode Island Constitution provides that “[n]o act
15	expanding the types or locations of gambling permitted within the state or within any city or town
16	. . . shall take effect until it has been approved by the majority of those electors voting in a
17	statewide referendum and by the majority of those electors voting in said referendum in the
18	municipality in which the proposed gambling would be allowed . . .”
19	(b) In the 2012 general election, a majority of Rhode Island voters statewide and in the
20	Town of Lincoln approved the following referendum question (among others):
21	“Shall an act be approved which would authorize the facility known as “Twin River” in
22	the town of Lincoln to add state-operated casino gaming, such as table games, to the types of
23	gambling it offers?”
24	(c) Similarly, in the 2016 general election, a majority of Rhode Island voters statewide
25	and in the Town of Tiverton approved the following referendum question (among others):
26	“Shall an act be approved which would authorize a facility owned by Twin River-
27	Tiverton, LLC, located in the Town of Tiverton at the intersection of William S. Canning
28	Boulevard and Stafford Road, to be licensed as a pari-mutuel facility and offer state-operated
29	video-lottery games and state-operated casino gaming, such as table games?”
30	(d) In the voter information handbooks setting forth and explaining the question in each
31	instance, “casino gaming” was defined to include games “within the definition of Class III
32	gaming as that term is defined in section 2703(8) of Title 25 of the United States Code and which
33	is approved by the State of Rhode Island through the Lottery Division.” “Casino gaming” is also
34	defined to include games within the definition of class III gaming in section 42-61.2-1 of the
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1	general laws.
2	(e) Section 2703(8) of Title 25 US Code (part of the Indian Gaming Regulatory Act, or
3	“IGRA”) provides that the term “class III gaming” means “all forms of gaming that are not class I
4	gaming or class II gaming.” The regulations promulgated under IGRA (25 CFR 502.4) expressly
5	state that Class III gaming includes sports wagering.
6	(f) Thus, voters state-wide and locally approved state-operated sports wagering to be
7	offered by the Twin River and Tiverton gaming facilities. Voter approval of sports wagering shall
8	be implemented by providing an infrastructure for state-operated sports wagering offered by the
9	Twin River gaming facilities in Lincoln and Tiverton, by authorizing necessary amendments to
10	certain contracts and by authorizing the division of lotteries to promulgate regulations to direct
11	and control state-operated sports wagering, such infrastructure and authorizations to become
12	effective when federal law is enacted or repealed or the United States Supreme Court affirms the
13	authority of states to regulate sports wagering within their respective borders.
14	(g) State operated sports wagering shall be operated by the state through the division of
15	lotteries. Sports wagering may be conducted at (i) the Twin River Gaming Facility, located in
16	Lincoln at 100 Twin River Road and owned by UTGR, Inc., a licensed video lottery and table
17	game retailer, and at (ii) the Tiverton Gaming Facility, located in Tiverton at the intersection of
18	William S. Canning Boulevard and Stafford Road, and owned by Twin River-Tiverton, once
19	Twin River-Tiverton is licensed as a video lottery and table game retailer, provided that a federal
20	law has been enacted or repealed or a United States Supreme Court decision affirms the authority
21	of states to regulate sports wagering within their respective borders.
22	(h) Subject to the change in federal law referenced in subsection (a) above, the state
23	through the division of lotteries shall exercise its existing authority to implement, operate,
24	conduct and control sports wagering at the Twin River gaming facility and the Twin River-
25	Tiverton gaming facility in accordance with the provisions of this chapter and the rules and
26	regulations of the division of lotteries.
27	(i) Notwithstanding the provisions of this section, sports wagering shall be prohibited in
28	connection with any collegiate sports or athletic event that takes place in Rhode Island or a sports
29	contest or athletic event in which any Rhode Island college team participates, regardless of where
30	the event takes place.
31	(j) No other law providing any penalty or disability for conducting, hosting, maintaining,
32	supporting or participating in sports wagering, or any acts done in connection with sports
33	wagering, shall apply to the conduct, hosting, maintenance, support or participation in sports
34	wagering pursuant to this chapter.
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1	SECTION 3. Sections 42-142-1 and 42-142-2 of the General Laws in Chapter entitled
2	“Department of Revenue” are hereby amended to read as follows:
3	42-142-1. Department of revenue.
4	(a) There is hereby established within the executive branch of state government a
5	department of revenue.
6	(b) The head of the department shall be the director of revenue, who shall be appointed
7	by the governor, with the advice and consent of the senate, and shall serve at the pleasure of the
8	governor.
9	(c) The department shall contain the division of taxation (chapter 1 of title 44), the
10	division of motor vehicles (chapter 2 of title 31), the division of state lottery (chapter 61 of title
11	42), the office of revenue analysis (chapter 142 of title 42), the division of municipal finance
12	(chapter 142 of title 42), and a collection unit (chapter 142 of title 42). Any reference to the
13	division of property valuation, division of property valuation and municipal finance, or office of
14	municipal affairs in the Rhode Island general laws shall mean the division of municipal finance.
15	42-142-2. Powers and duties of the department.
16	The department of revenue shall have the following powers and duties:
17	(a) To operate a division of taxation.;
18	(b) To operate a division of motor vehicles;
19	(c) To operate a division of state lottery;
20	(d) To operate an office of revenue analysis; and
21	(e) To operate a division of property valuation. and;
22	(f) To operate a collection unit.
23	SECTION 4. Chapter 42-142 of the General Laws entitled “Department of Revenue” is
24	hereby amended by adding thereto the following section:
25	42-142-8. Collection unit.
26	(a) The director of the department of revenue is authorized to establish within the
27	department of revenue a collections unit for the purpose of assisting state agencies in the
28	collection of debts owed to the state. The director of the department of revenue may enter into an
29	agreement with any state agency(ies) to collect any delinquent debt owed to the state.
30	(b) The director of the department of revenue shall initially implement a pilot program to
31	assist the agency(ies) with the collection of delinquent debts owed to the state.
32	(c) The agency(ies) participating in the pilot program shall refer to the collection unit
33	within department of revenue, debts owed by delinquent debtors where the nature and amount of
34	the debt owed has been determined and reconciled by the agency and the debt is (i) the subject of
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1	a written settlement agreement and/or written waiver agreement and the delinquent debtor has
2	failed to timely make payments under said agreement and/or waiver and is therefore in violation
3	of the terms of said agreement and/or waiver; (ii) the subject of a final administrative order or
4	decision and the debtor has not timely appealed said order or decision; (iii) the subject of final
5	order, judgement or decision of a court of competent jurisdiction and the debtor has not timely
6	appealed said order, judgement or decision. The collections unit shall not accept a referral of any
7	delinquent debt unless it satisfies (c)(i), (ii) or (iii) above.
8	(d) Any agency(ies) entering into an agreement with the department of revenue to allow
9	the collection unit of the department to collect a delinquent debt owed to the state shall indemnify
10	the department of revenue against injuries, actions, liabilities, or proceedings arising from the
11	collection, or attempted collection, by the collection unit of the debt owed to the state.
12	(e) Before referring a delinquent debt to the collection unit, the agency(ies) must (i)
13	notify the debtor of its intention to submit the debt to the collection unit for collection and of the
14	debtor’s right to appeal that decision not less than thirty (30) days before the debt is submitted to
15	the collection unit.
16	(f) At such time as the agency(ies) refers a delinquent debt to the collection unit, the
17	agency shall (i) represent in writing to the collection unit that it has complied with all applicable
18	state and federal laws and regulations relating to the collection of the debt, including, but not
19	limited to, the requirement to provide the debtor with the notice of referral to the collection unit
20	under section (e) above; and (ii) provide the collection unit personnel with all relevant supporting
21	documentation including, not limited to notices, invoices, ledgers, correspondence, agreements,
22	waivers, decisions, orders and judgements necessary for the collection unit to attempt to collect
23	the delinquent debt.
24	(g) The referring agency(ies) shall assist the collection unit by providing any and all
25	information, expertise and resources deemed necessary by the collection unit to collect the
26	delinquent debts referred to the collection unit.
27	(h) Upon receipt of a referral of a delinquent debt from an agency(ies), the amount of the
28	delinquent debt shall accrue interest at an annual rate with such rate determined by adding two (2)
29	percent to the prime rate which was in effect on October 1 of the preceding year; provided
30	however, in no event shall the rate of interest exceed twenty-two (21%) per annum nor be less
31	than eighteen percent (18%) per annum.
32	(i) Upon receipt of a referral of a delinquent debt from the agency(ies), the collection unit
33	shall provide the delinquent debtor with a “Notice of Referral” advising the debtor that: (i) the
34	delinquent debt has been referred to the collection unit for collection; (ii) if payment in full of the
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1	delinquent debt has not been received by the collection unit within thirty (30) days of the date of
2	the Notice of Referral, the debtor will be responsible to pay a fee of twelve percent (12%) of the
3	amount of the outstanding delinquent debt, with such fee to be applied to the costs and expenses
4	of the collection unit, including costs and expenses incurred to take further collection efforts; this
5	fee shall be in addition to any principal and interest owed; and (iii) the collection unit will initiate,
6	in its names, any action that is available under state law for the collection of the delinquent debt,
7	including, but not limited to, referring the debt to a third party to initiate said action.
8	(j) In the event that the delinquent debtor has not paid the delinquent debt in full within
9	thirty (30) days of the issuance of a “Notice of Referral” pursuant to subsection (i) above, the
10	collection unit shall impose upon each delinquent debtor a fee equal to twelve percent (12%) of
11	the amount of the outstanding delinquent debt.
12	(k) Upon receipt of a referral of a delinquent debt from an agency(ies), the collection unit
13	shall have the authority to institute, in its name, any action(s) that are available under state law for
14	collection of the delinquent debt and interest, penalties and/or fees thereon and to, with or without
15	suit, settle the delinquent debt.
16	(l) In exercising its authority under this section, the collection unit shall comply with all
17	state and federal laws and regulations related to the collection of debts.
18	(m) The director of the department may enter into contracts with any person or entity to
19	be paid on a contingent or fee or other basis, for services rendered to the collection unit where the
20	contract is for the collection of delinquent debt, interest, penalty and/or fee owed by the debtor.
21	Under such contracts, the contingent fee shall be based on the actual amount of the debt, interest,
22	penalties or fee collected.
23	(n) Upon of the receipt of payment from a delinquent debtor, whether a full or partial
24	payment, the collection unit shall disburse/deposit the proceeds of said payment in the following
25	order:
26	(i) to any person or entity owed for services under a contract entered into pursuant to
27	section (m) above;
28	(ii) to the appropriate federal account to reimburse the federal government funds owed to
29	them by the state from funds recovered;
30	(iii) into a restricted receipt account in the department of revenue, twelve percent (12%)
31	of the total amount collected from the delinquent debtor to be used to help defray the costs and
32	expenses of operating the collection unit; and
33	(iv) the balance of the amount collected to the referring agency.
34	(o) Notwithstanding the above, the establishment of a collection unit within the
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1	department of revenue shall be contingent upon an annual appropriation by the general assembly
2	of amounts necessary and sufficient to cover the costs and expenses to establish, maintain and
3	operate the collection unit including, but not limited, computer hardware and software,
4	maintenance of the computer system to manage the system and personnel perform work within
5	the collection unit. In the event that the amount of the annual appropriation was sufficient to fund
6	the costs and expenses of operating the collection unit in any year, the amount in the restricted
7	receipt at the end of that fiscal year shall be deposited into the general fund or credited against
8	any future appropriation by the general assembly.
9	(p) In addition to the implementation of any pilot program, the collection unit shall
10	comply with the provisions of this section in the collection of all delinquent debts under to this
11	section.
12	(q) The department of revenue is authorized to promulgate rules and regulations as it
13	deems appropriate with respect to the collection unit.
14	SECTION 5. Sections 44-18-7, 44-18-7.1, 44-18-7.3, 44-18-8, 44-18-15, 44-18-20, 44-
15	18-21, 44-18-22, 44-18-23, 44-18-25, and 44-19-7 of the General Laws in Chapter 44-18 entitled
16	“Sales and Use Taxes – Liability and Computation” are hereby amended to read as follows:
17	44-18-7. Sales defined.
18	"Sales" means and includes:
19	(1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or
20	otherwise, in any manner or by any means of tangible personal property for a consideration.
21	"Transfer of possession", "lease", or "rental" includes transactions found by the tax administrator
22	to be in lieu of a transfer of title, exchange, or barter.
23	(2) The producing, fabricating, processing, printing, or imprinting of tangible personal
24	property for a consideration for consumers who furnish either directly or indirectly the materials
25	used in the producing, fabricating, processing, printing, or imprinting.
26	(3) The furnishing and distributing of tangible personal property for a consideration by
27	social, athletic, and similar clubs and fraternal organizations to their members or others.
28	(4) The furnishing, preparing, or serving for consideration of food, meals, or drinks,
29	including any cover, minimum, entertainment, or other charge in connection therewith.
30	(5) A transaction whereby the possession of tangible personal property is transferred, but
31	the seller retains the title as security for the payment of the price.
32	(6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate
33	commerce, of tangible personal property from the place where it is located for delivery to a point
34	in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental,
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1	conditional or otherwise, in any manner or by any means whatsoever, of the property for a
2	consideration.
3	(7) A transfer for a consideration of the title or possession of tangible personal property,
4	which has been produced, fabricated, or printed to the special order of the customer, or any
5	publication.
6	(8) The furnishing and distributing of electricity, natural gas, artificial gas, steam,
7	refrigeration, and water.
8	(9)(i) The furnishing for consideration of intrastate, interstate and international
9	telecommunications service sourced in this state in accordance with subsections 44-18.1(15) and
10	(16) and all ancillary services, any maintenance services of telecommunication equipment other
11	than as provided for in subdivision 44-18-12(b)(ii). For the purposes of chapters 18 and 19 of this
12	title only, telecommunication service does not include service rendered using a prepaid telephone
13	calling arrangement.
14	(ii) Notwithstanding the provisions of paragraph (i) of this subdivision, in accordance
15	with the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 – 126), subject to the
16	specific exemptions described in 4 U.S.C. § 116(c), and the exemptions provided in §§ 44-18-8
17	and 44-18-12, mobile telecommunications services that are deemed to be provided by the
18	customer's home service provider are subject to tax under this chapter if the customer's place of
19	primary use is in this state regardless of where the mobile telecommunications services originate,
20	terminate or pass through. Mobile telecommunications services provided to a customer, the
21	charges for which are billed by or for the customer's home service provider, shall be deemed to be
22	provided by the customer's home service provider.
23	(10) The furnishing of service for transmission of messages by telegraph, cable, or radio
24	and the furnishing of community antenna television, subscription television, and cable television
25	services.
26	(11) The rental of living quarters in any hotel, rooming house, or tourist camp.
27	(12) The transfer for consideration of prepaid telephone calling arrangements and the
28	recharge of prepaid telephone calling arrangements sourced to this state in accordance with §§
29	44-18.1-11 and 44-18.1-15. "Prepaid telephone calling arrangement" means and includes prepaid
30	calling service and prepaid wireless calling service.
31	(13) The sale, storage, use or other consumption of over-the-counter drugs as defined in
32	paragraph 44-18-7.1(h)(ii).
33	(14) The sale, storage, use or other consumption of prewritten computer software
34	delivered electronically or by load and leave as defined in paragraph 44-18-7.1(g)(v).
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1	(15) The sale, storage, use or other consumption of vendor-hosted prewritten computer
2	software as defined in paragraph 44-18-7.1(g)(vii).
3	(165) The sale, storage, use or other consumption of medical marijuana as defined in §
4	21-28.6-3. (176) The furnishing of services in this state as defined in § 44-18-7.3.
5	44-18-7.1. Additional Definitions.
6	(a) "Agreement" means the streamlined sales and use tax agreement.
7	(b) "Alcoholic beverages" means beverages that are suitable for human consumption and
8	contain one-half of one percent (.5%) or more of alcohol by volume.
9	(c) "Bundled transaction" is the retail sale of two or more products, except real property
10	and services to real property, where (1) The products are otherwise distinct and identifiable, and
11	(2) The products are sold for one non-itemized price. A "bundled transaction" does not include
12	the sale of any products in which the "sales price" varies, or is negotiable, based on the selection
13	by the purchaser of the products included in the transaction.
14	(i) "Distinct and identifiable products" does not include:
15	(A) Packaging – such as containers, boxes, sacks, bags, and bottles – or other materials –
16	such as wrapping, labels, tags, and instruction guides – that accompany the "retail sale" of the
17	products and are incidental or immaterial to the "retail sale" thereof. Examples of packaging that
18	are incidental or immaterial include grocery sacks, shoeboxes, dry cleaning garment bags, and
19	express delivery envelopes and boxes.
20	(B) A product provided free of charge with the required purchase of another product. A
21	product is "provided free of charge" if the "sales price" of the product purchased does not vary
22	depending on the inclusion of the products "provided free of charge."
23	(C) Items included in the member state's definition of "sales price," pursuant to appendix
24	C of the agreement.
25	(ii) The term "one non-itemized price" does not include a price that is separately
26	identified by product on binding sales or other supporting sales-related documentation made
27	available to the customer in paper or electronic form including, but not limited to, an invoice, bill
28	of sale, receipt, contract, service agreement, lease agreement, periodic notice of rates and
29	services, rate card, or price list.
30	(iii) A transaction that otherwise meets the definition of a "bundled transaction" as
31	defined above, is not a "bundled transaction" if it is:
32	(A) The "retail sale" of tangible personal property and a service where the tangible
33	personal property is essential to the use of the service, and is provided exclusively in connection
34	with the service, and the true object of the transaction is the service; or
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1	(B) The "retail sale" of services where one service is provided that is essential to the use
2	or receipt of a second service and the first service is provided exclusively in connection with the
3	second service and the true object of the transaction is the second service; or
4	(C) A transaction that includes taxable products and nontaxable products and the
5	"purchase price" or "sales price" of the taxable products is de minimis.
6	1. De minimis means the seller's "purchase price" or "sales price" of the taxable products
7	is ten percent (10%) or less of the total "purchase price" or "sales price" of the bundled products.
8	2. Sellers shall use either the "purchase price" or the "sales price" of the products to
9	determine if the taxable products are de minimis. Sellers may not use a combination of the
10	"purchase price" and "sales price" of the products to determine if the taxable products are de
11	minimis.
12	3. Sellers shall use the full term of a service contract to determine if the taxable products
13	are de minimis; or
14	(D) The "retail sale" of exempt tangible personal property and taxable tangible personal
15	property where:
16	1. The transaction includes "food and food ingredients", "drugs", "durable medical
17	equipment", "mobility enhancing equipment", "over-the-counter drugs", "prosthetic devices" (all
18	as defined in this section) or medical supplies; and
19	2. Where the seller's "purchase price" or "sales price" of the taxable tangible personal
20	property is fifty percent (50%) or less of the total "purchase price" or "sales price" of the bundled
21	tangible personal property. Sellers may not use a combination of the "purchase price" and "sales
22	price" of the tangible personal property when making the fifty percent (50%) determination for a
23	transaction.
24	(d) "Certified automated system (CAS)" means software certified under the agreement to
25	calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to
26	remit to the appropriate state, and maintain a record of the transaction.
27	(e) "Certified service provider (CSP)" means an agent certified under the agreement to
28	perform all the seller's sales and use tax functions, other than the seller's obligation to remit tax on
29	its own purchases.
30	(f) Clothing and Related Items
31	(i) "Clothing" means all human wearing apparel suitable for general use.
32	(ii) "Clothing accessories or equipment" means incidental items worn on the person or in
33	conjunction with "clothing." "Clothing accessories or equipment" does not include "clothing",
34	"sport or recreational equipment", or "protective equipment."
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1	(iii) "Protective equipment" means items for human wear and designed as protection of
2	the wearer against injury or disease or as protections against damage or injury of other persons or
3	property but not suitable for general use. "Protective equipment" does not include "clothing",
4	"clothing accessories or equipment", and "sport or recreational equipment."
5	(iv) "Sport or recreational equipment" means items designed for human use and worn in
6	conjunction with an athletic or recreational activity that are not suitable for general use. "Sport or
7	recreational equipment" does not include "clothing", "clothing accessories or equipment", and
8	"protective equipment."
9	(g) Computer and Related Items
10	(i) "Computer" means an electronic device that accepts information in digital or similar
11	form and manipulates it for a result based on a sequence of instructions.
12	(ii) "Computer software" means a set of coded instructions designed to cause a
13	"computer" or automatic data processing equipment to perform a task.
14	(iii) "Delivered electronically" means delivered to the purchaser by means other than
15	tangible storage media.
16	(iv) "Electronic" means relating to technology having electrical, digital, magnetic,
17	wireless, optical, electromagnetic, or similar capabilities.
18	(v) "Load and leave" means delivery to the purchaser by use of a tangible storage media
19	where the tangible storage media is not physically transferred to the purchaser.
20	(vi) "Prewritten computer software" means "computer software," including prewritten
21	upgrades, that is not designed and developed by the author or other creator to the specifications of
22	a specific purchaser. The combining of two (2) or more "prewritten computer software" programs
23	or prewritten portions thereof does not cause the combination to be other than "prewritten
24	computer software." "Prewritten computer software" includes software designed and developed
25	by the author or other creator to the specifications of a specific purchaser when it is sold to a
26	person other than the specific purchaser. Where a person modifies or enhances "computer
27	software" of which the person is not the author or creator, the person shall be deemed to be the
28	author or creator only of such person's modifications or enhancements. "Prewritten computer
29	software" or a prewritten portion thereof that is modified or enhanced to any degree, where such
30	modification or enhancement is designed and developed to the specifications of a specific
31	purchaser, remains "prewritten computer software"; provided, however, that where there is a
32	reasonable, separately stated charge or an invoice or other statement of the price given to the
33	purchaser for such modification or enhancement, such modification or enhancement shall not
34	constitute "prewritten computer software."
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1	(vii) “Vendor-hosted prewritten computer software” means prewritten computer software
2	that is accessed through the Internet and/or a vendor-hosted server regardless of whether the
3	access is permanent or temporary and regardless of whether any downloading occurs.
4	(h) Drugs and Related Items
5	(i) "Drug" means a compound, substance, or preparation, and any component of a
6	compound, substance, or preparation, other than "food and food ingredients," "dietary
7	supplements" or "alcoholic beverages":
8	(A) Recognized in the official United States Pharmacopoeia, official Homeopathic
9	Pharmacopoeia of the United States, or official National Formulary, and supplement to any of
10	them; or
11	(B) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of
12	disease; or
13	(C) Intended to affect the structure or any function of the body.
14	"Drug" shall also include insulin and medical oxygen whether or not sold on prescription.
15	(ii) "Over-the-counter drug" means a drug that contains a label that identifies the product
16	as a drug as required by 21 C.F.R. § 201.66. The "over-the-counter drug" label includes:
17	(A) A "Drug Facts" panel; or
18	(B) A statement of the "active ingredient(s)" with a list of those ingredients contained in
19	the compound, substance, or preparation.
20	"Over-the-counter drug" shall not include "grooming and hygiene products."
21	(iii) "Grooming and hygiene products" are soaps and cleaning solutions, shampoo,
22	toothpaste, mouthwash, antiperspirants, and suntan lotions and screens, regardless of whether the
23	items meet the definition of "over-the-counter drugs."
24	(iv) "Prescription" means an order, formula, or recipe issued in any form of oral, written,
25	electronic, or other means of transmission by a duly licensed practitioner authorized by the laws
26	of the member state.
27	(i) "Delivery charges" means charges by the seller of personal property or services for
28	preparation and delivery to a location designated by the purchaser of personal property or services
29	including, but not limited to: transportation, shipping, postage, handling, crating, and packing.
30	"Delivery charges" shall not include the charges for delivery of "direct mail" if the
31	charges are separately stated on an invoice or similar billing document given to the purchaser.
32	(j) "Direct mail" means printed material delivered or distributed by United States mail or
33	other delivery service to a mass audience or to addressees on a mailing list provided by the
34	purchaser or at the direction of the purchaser when the cost of the items are not billed directly to
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1	the recipients. "Direct mail" includes tangible personal property supplied directly or indirectly by
2	the purchaser to the direct mail seller for inclusion in the package containing the printed material.
3	"Direct mail" does not include multiple items of printed material delivered to a single address.
4	(k) "Durable medical equipment" means equipment including repair and replacement
5	parts for same which:
6	(i) Can withstand repeated use; and
7	(ii) Is primarily and customarily used to serve a medical purpose; and
8	(iii) Generally is not useful to a person in the absence of illness or injury; and
9	(iv) Is not worn in or on the body.
10	Durable medical equipment does not include mobility enhancing equipment.
11	(l) Food and Related Items
12	(i) "Food and food ingredients" means substances, whether in liquid, concentrated, solid,
13	frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are
14	consumed for their taste or nutritional value and seeds and plants used to grow food and food
15	ingredients. "Food and food ingredients" does not include "alcoholic beverages", "tobacco",
16	"candy", "dietary supplements", and "soft drinks.", or "marijuana seeds or plants."
17	(ii) "Prepared food" means:
18	(A) Food sold in a heated state or heated by the seller;
19	(B) Two (2) or more food ingredients mixed or combined by the seller for sale as a single
20	item; or
21	(C) Food sold with eating utensils provided by the seller, including: plates, knives, forks,
22	spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used
23	to transport the food.
24	"Prepared food" in (B) does not include food that is only cut, repackaged, or pasteurized
25	by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring
26	cooking by the consumer as recommended by the Food and Drug Administration in chapter 3,
27	part 401.11 of its Food Code so as to prevent food borne illnesses.
28	(iii) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners
29	in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars,
30	drops, or pieces. "Candy" shall not include any preparation containing flour and shall require no
31	refrigeration.
32	(iv) "Soft drinks" means non-alcoholic beverages that contain natural or artificial
33	sweeteners. "Soft drinks" do not include beverages that contain milk or milk products, soy, rice,
34	or similar milk substitutes, or greater than fifty percent (50%) of vegetable or fruit juice by
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1	volume.
2	(v) "Dietary supplement" means any product, other than "tobacco", intended to
3	supplement the diet that:
4	(A) Contains one or more of the following dietary ingredients:
5	1. A vitamin;
6	2. A mineral;
7	3. An herb or other botanical;
8	4. An amino acid;
9	5. A dietary substance for use by humans to supplement the diet by increasing the total
10	dietary intake; or
11	6. A concentrate, metabolite, constituent, extract, or combination of any ingredient
12	described above; and
13	(B) Is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or
14	if not intended for ingestion in such a form, is not represented as conventional food and is not
15	represented for use as a sole item of a meal or of the diet; and
16	(C) Is required to be labeled as a dietary supplement, identifiable by the "supplemental
17	facts" box found on the label and as required pursuant to 21 C.F.R. § 101.36.
18	(m) "Food sold through vending machines" means food dispensed from a machine or
19	other mechanical device that accepts payment.
20	(n) "Hotel" means every building or other structure kept, used, maintained, advertised as,
21	or held out to the public to be a place where living quarters are supplied for pay to transient or
22	permanent guests and tenants and includes a motel.
23	(i) "Living quarters" means sleeping rooms, sleeping or housekeeping accommodations,
24	or any other room or accommodation in any part of the hotel, rooming house, or tourist camp that
25	is available for or rented out for hire in the lodging of guests.
26	(ii) "Rooming house" means every house, boat, vehicle, motor court, or other structure
27	kept, used, maintained, advertised, or held out to the public to be a place where living quarters are
28	supplied for pay to transient or permanent guests or tenants, whether in one or adjoining
29	buildings.
30	(iii) "Tourist camp" means a place where tents or tent houses, or camp cottages, or cabins
31	or other structures are located and offered to the public or any segment thereof for human
32	habitation.
33	(o) "Lease or rental" means any transfer of possession or control of tangible personal
34	property for a fixed or indeterminate term for consideration. A lease or rental may include future
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1	options to purchase or extend. Lease or rental does not include:
2	(i) A transfer of possession or control of property under a security agreement or deferred
3	payment plan that requires the transfer of title upon completion of the required payments;
4	(ii) A transfer of possession or control of property under an agreement that requires the
5	transfer of title upon completion of required payments and payment of an option price does not
6	exceed the greater of one hundred dollars ($100) or one percent of the total required payments; or
7	(iii) Providing tangible personal property along with an operator for a fixed or
8	indeterminate period of time. A condition of this exclusion is that the operator is necessary for the
9	equipment to perform as designed. For the purpose of this subsection, an operator must do more
10	than maintain, inspect, or set-up the tangible personal property.
11	(iv) Lease or rental does include agreements covering motor vehicles and trailers where
12	the amount of consideration may be increased or decreased by reference to the amount realized
13	upon sale or disposition of the property as defined in 26 U.S.C. § 7701(h)(1).
14	(v) This definition shall be used for sales and use tax purposes regardless if a transaction
15	is characterized as a lease or rental under generally accepted accounting principles, the Internal
16	Revenue Code, the Uniform Commercial Code, or other provisions of federal, state, or local law.
17	(vi) This definition will be applied only prospectively from the date of adoption and will
18	have no retroactive impact on existing leases or rentals. This definition shall neither impact any
19	existing sale-leaseback exemption or exclusions that a state may have, nor preclude a state from
20	adopting a sale-leaseback exemption or exclusion after the effective date of the agreement.
21	(p) "Mobility enhancing equipment" means equipment, including repair and replacement
22	parts to same, that:
23	(i) Is primarily and customarily used to provide or increase the ability to move from one
24	place to another and that is appropriate for use either in a home or a motor vehicle; and
25	(ii) Is not generally used by persons with normal mobility; and
26	(iii) Does not include any motor vehicle or equipment on a motor vehicle normally
27	provided by a motor vehicle manufacturer.
28	Mobility enhancing equipment does not include durable medical equipment.
29	(q) "Model 1 Seller" means a seller that has selected a CSP as its agent to perform all the
30	seller's sales and use tax functions, other than the seller's obligation to remit tax on its own
31	purchases.
32	(r) "Model 2 Seller" means a seller that has selected a CAS to perform part of its sales
33	and use tax functions, but retains responsibility for remitting the tax.
34	(s) "Model 3 Seller" means a seller that has sales in at least five member states, has total
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1	annual sales revenue of at least five hundred million dollars ($500,000,000), has a proprietary
2	system that calculates the amount of tax due each jurisdiction, and has entered into a performance
3	agreement with the member states that establishes a tax performance standard for the seller. As
4	used in this definition, a seller includes an affiliated group of sellers using the same proprietary
5	system.
6	(t) "Prosthetic device" means a replacement, corrective, or supportive device including
7	repair and replacement parts for same worn on or in the body to:
8	(i) Artificially replace a missing portion of the body;
9	(ii) Prevent or correct physical deformity or malfunction; or
10	(iii) Support a weak or deformed portion of the body.
11	(u) "Purchaser" means a person to whom a sale of personal property is made or to whom
12	a service is furnished.
13	(v) "Purchase price" applies to the measure subject to use tax and has the same meaning
14	as sales price.
15	(w) "Seller" means a person making sales, leases, or rentals of personal property or
16	services.
17	(x) "State" means any state of the United States and the District of Columbia.
18	(y) "Telecommunications" tax base/exemption terms
19	(i) Telecommunication terms shall be defined as follows:
20	(A) "Ancillary services" means services that are associated with or incidental to the
21	provision of "telecommunications services", including, but not limited to, "detailed
22	telecommunications billing", "directory assistance", "vertical service", and "voice mail services".
23	(B) "Conference bridging service" means an "ancillary service" that links two (2) or more
24	participants of an audio or video conference call and may include the provision of a telephone
25	number. "Conference bridging service" does not include the "telecommunications services" used
26	to reach the conference bridge.
27	(C) "Detailed telecommunications billing service" means an "ancillary service" of
28	separately stating information pertaining to individual calls on a customer's billing statement.
29	(D) "Directory assistance" means an "ancillary service" of providing telephone number
30	information, and/or address information.
31	(E) "Vertical service" means an "ancillary service" that is offered in connection with one
32	or more "telecommunications services", which offers advanced calling features that allow
33	customers to identify callers and to manage multiple calls and call connections, including
34	"conference bridging services".
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1	(F) "Voice mail service" means an "ancillary service" that enables the customer to store,
2	send, or receive recorded messages. "Voice mail service" does not include any "vertical services"
3	that the customer may be required to have in order to utilize the "voice mail service".
4	(G) "Telecommunications service" means the electronic transmission, conveyance, or
5	routing of voice, data, audio, video, or any other information or signals to a point, or between or
6	among points. The term "telecommunications service" includes such transmission, conveyance,
7	or routing in which computer processing applications are used to act on the form, code, or
8	protocol of the content for purposes of transmission, conveyance, or routing without regard to
9	whether such service is referred to as voice over internet protocol services or is classified by the
10	Federal Communications Commission as enhanced or value added. "Telecommunications
11	service" does not include:
12	(1) Data processing and information services that allow data to be generated, acquired,
13	stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where
14	such purchaser's primary purpose for the underlying transaction is the processed data or
15	information;
16	(2) Installation or maintenance of wiring or equipment on a customer's premises;
17	(3) Tangible personal property;
18	(4) Advertising, including, but not limited to, directory advertising;
19	(5) Billing and collection services provided to third parties;
20	(6) Internet access service;
21	(7) Radio and television audio and video programming services, regardless of the
22	medium, including the furnishing of transmission, conveyance, and routing of such services by
23	the programming service provider. Radio and television audio and video programming services
24	shall include, but not be limited to, cable service as defined in 47 U.S.C. § 522(6) and audio and
25	video programming services delivered by commercial mobile radio service providers as defined
26	in 47 C.F.R. § 20.3;
27	(8) "Ancillary services"; or
28	(9) Digital products "delivered electronically", including, but not limited to: software,
29	music, video, reading materials or ring tones.
30	(H) "800 service" means a "telecommunications service" that allows a caller to dial a toll-
31	free number without incurring a charge for the call. The service is typically marketed under the
32	name "800", "855", "866", "877", and "888" toll-free calling, and any subsequent numbers
33	designated by the Federal Communications Commission.
34	(I) "900 service" means an inbound toll "telecommunications service" purchased by a
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1	subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded
2	announcement or live service. "900 service" does not include the charge for: collection services
3	provided by the seller of the "telecommunications services" to the subscriber, or service or
4	product sold by the subscriber to the subscriber's customer. The service is typically marketed
5	under the name "900 service," and any subsequent numbers designated by the Federal
6	Communications Commission.
7	(J) "Fixed wireless service" means a "telecommunications service" that provides radio
8	communication between fixed points.
9	(K) "Mobile wireless service" means a "telecommunications service" that is transmitted,
10	conveyed, or routed regardless of the technology used, whereby the origination and/or
11	termination points of the transmission, conveyance, or routing are not fixed, including, by way of
12	example only, "telecommunications services" that are provided by a commercial mobile radio
13	service provider.
14	(L) "Paging service" means a "telecommunications service" that provides transmission of
15	coded radio signals for the purpose of activating specific pagers; such transmissions may include
16	messages and/or sounds.
17	(M) "Prepaid calling service" means the right to access exclusively "telecommunications
18	services", which must be paid for in advance and that enables the origination of calls using an
19	access number or authorization code, whether manually or electronically dialed, and that is sold
20	in predetermined units or dollars of which the number declines with use in a known amount.
21	(N) "Prepaid wireless calling service" means a "telecommunications service" that
22	provides the right to utilize "mobile wireless service", as well as other non-telecommunications
23	services, including the download of digital products "delivered electronically", content and
24	"ancillary services" which must be paid for in advance that is sold in predetermined units of
25	dollars of which the number declines with use in a known amount.
26	(O) "Private communications service" means a telecommunications service that entitles
27	the customer to exclusive or priority use of a communications channel or group of channels
28	between or among termination points, regardless of the manner in which such channel or
29	channels are connected, and includes switching capacity, extension lines, stations, and any other
30	associated services that are provided in connection with the use of such channel or channels.
31	(P) "Value-added non-voice data service" means a service that otherwise meets the
32	definition of "telecommunications services" in which computer processing applications are used
33	to act on the form, content, code, or protocol of the information or data primarily for a purpose
34	other than transmission, conveyance, or routing.
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1	(ii) "Modifiers of Sales Tax Base/Exemption Terms" – the following terms can be used to
2	further delineate the type of "telecommunications service" to be taxed or exempted. The terms
3	would be used with the broader terms and subcategories delineated above.
4	(A) "Coin-operated telephone service" means a "telecommunications service" paid for by
5	inserting money into a telephone accepting direct deposits of money to operate.
6	(B) "International" means a "telecommunications service" that originates or terminates in
7	the United States and terminates or originates outside the United States, respectively. United
8	States includes the District of Columbia or a U.S. territory or possession.
9	(C) "Interstate" means a "telecommunications service" that originates in one United
10	States state, or a United States territory or possession, and terminates in a different United States
11	state or a United States territory or possession.
12	(D) "Intrastate" means a "telecommunications service" that originates in one United
13	States state or a United States territory or possession, and terminates in the same United States
14	state or a United States territory or possession.
15	(E) "Pay telephone service" means a "telecommunications service" provided through any
16	pay telephone.
17	(F) "Residential telecommunications service" means a "telecommunications service" or
18	"ancillary services" provided to an individual for personal use at a residential address, including
19	an individual dwelling unit such as an apartment. In the case of institutions where individuals
20	reside, such as schools or nursing homes, "telecommunications service" is considered residential
21	if it is provided to and paid for by an individual resident rather than the institution.
22	The terms "ancillary services" and "telecommunications service" are defined as a broad
23	range of services. The terms "ancillary services" and "telecommunications service" are broader
24	than the sum of the subcategories. Definitions of subcategories of "ancillary services" and
25	"telecommunications service" can be used by a member state alone or in combination with other
26	subcategories to define a narrower tax base than the definitions of "ancillary services" and
27	"telecommunications service" would imply. The subcategories can also be used by a member
28	state to provide exemptions for certain subcategories of the more broadly defined terms.
29	A member state that specifically imposes tax on, or exempts from tax, local telephone or
30	local telecommunications service may define "local service" in any manner in accordance with §
31	44-18.1-28, except as limited by other sections of this Agreement.
32	(z) "Tobacco" means cigarettes, cigars, chewing, or pipe tobacco, or any other item that
33	contains tobacco.
34	44-18-7.3. Services defined.
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1	(a) "Services" means all activities engaged in for other persons for a fee, retainer,
2	commission, or other monetary charge, which activities involve the performance of a service in
3	this state as distinguished from selling property.
4	(b) The following businesses and services performed in this state, along with the
5	applicable 2007 North American Industrial Classification System (NAICS) codes, are included in
6	the definition of services:
7	(1) Taxicab and limousine services including but not limited to:
8	(i) Taxicab services including taxi dispatchers (485310); and
9	(ii) Limousine services (485320).
10	(2) Other road transportation service including but not limited to:
11	(i) Charter bus service (485510);
12	(ii) "Transportation network companies" (TNC) defined as an entity that uses a digital
13	network to connect transportation network company riders to transportation network operators
14	who provide prearranged rides. Any TNC operating in this state is a retailer as provided in § 44-
15	18-15 and is required to file a business application and registration form and obtain a permit to
16	make sales at retail with the tax administrator, to charge, collect, and remit Rhode Island sales
17	and use tax; and
18	(iii) All other transit and ground passenger transportation (485999).
19	(3) Pet care services (812910) except veterinary and testing laboratories services.
20	(4)(i) "Room reseller" or "reseller" means any person, except a tour operator as defined in
21	§ 42-63.1-2, having any right, permission, license, or other authority from or through a hotel as
22	defined in § 42-63.1-2, to reserve, or arrange the transfer of occupancy of, accommodations the
23	reservation or transfer of which is subject to this chapter, such that the occupant pays all or a
24	portion of the rental and other fees to the room reseller or reseller, room reseller or reseller shall
25	include, but not be limited to, sellers of travel packages as defined in this section.
26	Notwithstanding the provisions of any other law, where said reservation or transfer of occupancy
27	is done using a room reseller or reseller, the application of the sales and use tax under §§ 44-18-
28	18 and 44-18-20, and the hotel tax under § 44-18-36.1 shall be as follows: The room reseller or
29	reseller is required to register with, and shall collect and pay to, the tax administrator the sales
30	and use and hotel taxes, with said taxes being calculated upon the amount of rental and other fees
31	paid by the occupant to the room reseller or reseller, less the amount of any rental and other fees
32	paid by the room reseller or reseller to the hotel. The hotel shall collect and pay to the tax
33	administrator said taxes upon the amount of rental and other fees paid to the hotel by the room
34	reseller or reseller and/or the occupant. No assessment shall be made by the tax administrator
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1	against a hotel because of an incorrect remittance of the taxes under this chapter by a room
2	reseller or reseller. No assessment shall be made by the tax administrator against a room reseller
3	or reseller because of an incorrect remittance of the taxes under this chapter by a hotel. If the
4	hotel has paid the taxes imposed under this chapter, the occupant and/or room reseller or reseller,
5	as applicable, shall reimburse the hotel for said taxes. If the room reseller or reseller has paid said
6	taxes, the occupant shall reimburse the room reseller or reseller for said taxes. Each hotel and
7	room reseller or reseller shall add and collect, from the occupant or the room reseller or the
8	reseller, the full amount of the taxes imposed on the rental and other fees. When added to the
9	rental and other fees, the taxes shall be a debt owed by the occupant to the hotel or room reseller
10	or reseller, as applicable, and shall be recoverable at law in the same manner as other debts. The
11	amount of the taxes collected by the hotel and/or room reseller or reseller from the occupant
12	under this chapter shall be stated and charged separately from the rental and other fees, and shall
13	be shown separately on all records thereof, whether made at the time the transfer of occupancy
14	occurs, or on any evidence of the transfer issued or used by the hotel or the room reseller or the
15	reseller. A room reseller or reseller shall not be required to disclose to the occupant the amount of
16	tax charged by the hotel; provided, however, the room reseller or reseller shall represent to the
17	occupant that the separately stated taxes charged by the room reseller or reseller include taxes
18	charged by the hotel. No person shall operate a hotel in this state, or act as a room reseller or
19	reseller for any hotel in the state, unless the tax administrator has issued a permit pursuant to §
20	44-19-1.
21	(ii) "Travel package" means a room, or rooms, bundled with one or more other, separate
22	components of travel such as air transportation, car rental, or similar items, which travel package
23	is charged to the customer or occupant for a single, retail price. When the room occupancy is
24	bundled for a single consideration, with other property, services, amusement charges, or any other
25	items, the separate sale of which would not otherwise be subject to tax under this chapter, the
26	entire single consideration shall be treated as the rental or other fees for room occupancy subject
27	to tax under this chapter; provided, however, that where the amount of the rental, or other fees for
28	room occupancy is stated separately from the price of such other property, services, amusement
29	charges, or other items, on any sales slip, invoice, receipt, or other statement given the occupant,
30	and such rental and other fees are determined by the tax administrator to be reasonable in relation
31	to the value of such other property, services, amusement charges, or other items, only such
32	separately stated rental and other fees will be subject to tax under this chapter. The value of the
33	transfer of any room, or rooms, bundled as part of a travel package may be determined by the tax
34	administrator from the room reseller's and/or reseller's and/or hotel's books and records that are
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1	kept in the regular course of business.
2	(5) Investigation, Guard, and Armored Car Services (56161).
3	(c) All services as defined herein are required to file a business application and
4	registration form and obtain a permit to make sales at retail with the tax administrator, to charge,
5	collect, and remit Rhode Island sales and use tax.
6	(d) The tax administrator is authorized to promulgate rules and regulations in accordance
7	with the provisions of chapter 42-35 to carry out the provisions, policies, and purposes of this
8	chapter.
9	44-18-8. Retail sale or sale at retail defined.
10	A "retail sale" or "sale at retail" means any sale, lease or rentals of tangible personal
11	property, prewritten computer software delivered electronically or by load and leave, vendor-
12	hosted prewritten computer software, or services as defined in § 44-18-7.3 for any purpose other
13	than resale, sublease or subrent in the regular course of business. The sale of tangible personal
14	property to be used for purposes of rental in the regular course of business is considered to be a
15	sale for resale. In regard to telecommunications service as defined in § 44-18-7(9), retail sale does
16	not include the purchase of telecommunications service by a telecommunications provider from
17	another telecommunication provider for resale to the ultimate consumer; provided, that the
18	purchaser submits to the seller a certificate attesting to the applicability of this exclusion, upon
19	receipt of which the seller is relieved of any tax liability for the sale.
20	44-18-15. "Retailer" defined.
21	(a) "Retailer" includes:
22	(1) Every person engaged in the business of making sales at retail including prewritten
23	computer software delivered electronically or by load and leave, vendor-hosted prewritten
24	computer software, sales of services as defined in § 44-18-7.3, and sales at auction of tangible
25	personal property owned by the person or others.
26	(2) Every person making sales of tangible personal property including prewritten
27	computer software delivered electronically or by load and leave, or vendor-hosted prewritten
28	computer software, or sales of services as defined in § 44-18-7.3, through an independent
29	contractor or other representative, if the retailer enters into an agreement with a resident of this
30	state, under which the resident, for a commission or other consideration, directly or indirectly
31	refers potential customers, whether by a link on an Internet website or otherwise, to the retailer,
32	provided the cumulative gross receipts from sales by the retailer to customers in the state who are
33	referred to the retailer by all residents with this type of an agreement with the retailer, is in excess
34	of five thousand dollars ($5,000) during the preceding four (4) quarterly periods ending on the
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1	last day of March, June, September and December. Such retailer shall be presumed to be
2	soliciting business through such independent contractor or other representative, which
3	presumption may be rebutted by proof that the resident with whom the retailer has an agreement
4	did not engage in any solicitation in the state on behalf of the retailer that would satisfy the nexus
5	requirement of the United States Constitution during such four (4) quarterly periods.
6	(3) Every person engaged in the business of making sales for storage, use, or other
7	consumption of: (1i) tangible personal property, (ii) sales at auction of tangible personal property
8	owned by the person or others, (iii) prewritten computer software delivered electronically or by
9	load and leave, (iv) vendor-hosted prewritten computer software, and (ivv) services as defined in
10	§ 44-18-7.3.
11	(4) A person conducting a horse race meeting with respect to horses, which are claimed
12	during the meeting.
13	(5) Every person engaged in the business of renting any living quarters in any hotel as
14	defined in § 42-63.1-2, rooming house, or tourist camp.
15	(6) Every person maintaining a business within or outside of this state who engages in the
16	regular or systematic solicitation of sales of tangible personal property, prewritten computer
17	software delivered electronically or by load and leave, vendor-hosted prewritten computer
18	software:
19	(i) Advertising in newspapers, magazines, and other periodicals published in this state,
20	sold over the counter in this state or sold by subscription to residents of this state, billboards
21	located in this state, airborne advertising messages produced or transported in the airspace above
22	this state, display cards and posters on common carriers or any other means of public conveyance
23	incorporated or operated primarily in this state, brochures, catalogs, circulars, coupons,
24	pamphlets, samples, and similar advertising material mailed to, or distributed within this state to
25	residents of this state;
26	(ii) Telephone;
27	(iii) Computer assisted shopping networks; and
28	(iv) Television, radio or any other electronic media, which is intended to be broadcast to
29	consumers located in this state.
30	(b) When the tax administrator determines that it is necessary for the proper
31	administration of chapters 18 and 19 of this title to regard any salespersons, representatives,
32	truckers, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, employers,
33	or persons under whom they operate or from whom they obtain the tangible personal property
34	sold by them, irrespective of whether they are making sales on their own behalf or on behalf of
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1	the dealers, distributors, supervisors, or employers, the tax administrator may so regard them and
2	may regard the dealers, distributors, supervisors, or employers as retailers for purposes of
3	chapters 18 and 19 of this title.
4	44-18-20. Use tax imposed.
5	(a) An excise tax is imposed on the storage, use, or other consumption in this state of
6	tangible personal property; prewritten computer software delivered electronically or by load and
7	leave; vendor-hosted prewritten computer software; or services as defined in § 44-18-7.3,
8	including a motor vehicle, a boat, an airplane, or a trailer, purchased from any retailer at the rate
9	of six percent (6%) of the sale price of the property.
10	(b) An excise tax is imposed on the storage, use, or other consumption in this state of a
11	motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle
12	dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent
13	(6%) of the sale price of the motor vehicle, boat, airplane, or trailer.
14	(c) The word "trailer," as used in this section and in § 44-18-21, means and includes those
15	defined in § 31-1-5(a) – (e) and also includes boat trailers, camping trailers, house trailers, and
16	mobile homes.
17	(d) Notwithstanding the provisions contained in this section and in § 44-18-21 relating to
18	the imposition of a use tax and liability for this tax on certain casual sales, no tax is payable in
19	any casual sale:
20	(1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child
21	of the transferor or seller;
22	(2) When the transfer or sale is made in connection with the organization, reorganization,
23	dissolution, or partial liquidation of a business entity, provided:
24	(i) The last taxable sale, transfer, or use of the article being transferred or sold was
25	subjected to a tax imposed by this chapter;
26	(ii) The transferee is the business entity referred to or is a stockholder, owner, member, or
27	partner; and
28	(iii) Any gain or loss to the transferor is not recognized for income tax purposes under the
29	provisions of the federal income tax law and treasury regulations and rulings issued thereunder;
30	(3) When the sale or transfer is of a trailer, other than a camping trailer, of the type
31	ordinarily used for residential purposes and commonly known as a house trailer or as a mobile
32	home; or
33	(4) When the transferee or purchaser is exempt under the provisions of § 44-18-30 or
34	other general law of this state or special act of the general assembly of this state.
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1	(e) The term "casual" means a sale made by a person other than a retailer, provided, that
2	in the case of a sale of a motor vehicle, the term means a sale made by a person other than a
3	licensed motor vehicle dealer or an auctioneer at an auction sale. In no case is the tax imposed
4	under the provisions of subsections (a) and (b) of this section on the storage, use, or other
5	consumption in this state of a used motor vehicle less than the product obtained by multiplying
6	the amount of the retail dollar value at the time of purchase of the motor vehicle by the applicable
7	tax rate; provided, that where the amount of the sale price exceeds the amount of the retail dollar
8	value, the tax is based on the sale price. The tax administrator shall use as his or her guide the
9	retail dollar value as shown in the current issue of any nationally recognized, used-vehicle guide
10	for appraisal purposes in this state. On request within thirty (30) days by the taxpayer after
11	payment of the tax, if the tax administrator determines that the retail dollar value as stated in this
12	subsection is inequitable or unreasonable, he or she shall, after affording the taxpayer reasonable
13	opportunity to be heard, re-determine the tax.
14	(f) Every person making more than five (5) retail sales of tangible personal property or
15	prewritten computer software delivered electronically or by load and leave, or vendor-hosted
16	prewritten computer software, or services as defined in § 44-18-7.3 during any twelve-month (12)
17	period, including sales made in the capacity of assignee for the benefit of creditors or receiver or
18	trustee in bankruptcy, is considered a retailer within the provisions of this chapter.
19	(g)(1) "Casual sale" includes a sale of tangible personal property not held or used by a
20	seller in the course of activities for which the seller is required to hold a seller's permit or permits
21	or would be required to hold a seller's permit or permits if the activities were conducted in this
22	state, provided that the sale is not one of a series of sales sufficient in number, scope, and
23	character (more than five (5) in any twelve-month (12) period) to constitute an activity for which
24	the seller is required to hold a seller's permit or would be required to hold a seller's permit if the
25	activity were conducted in this state.
26	(2) Casual sales also include sales made at bazaars, fairs, picnics, or similar events by
27	nonprofit organizations, that are organized for charitable, educational, civic, religious, social,
28	recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6)
29	days duration each calendar year. Each event requires the issuance of a permit by the division of
30	taxation. Where sales are made at events by a vendor that holds a sales tax permit and is not a
31	nonprofit organization, the sales are in the regular course of business and are not exempt as casual
32	sales.
33	(h) The use tax imposed under this section for the period commencing July 1, 1990, is at
34	the rate of seven percent (7%). In recognition of the work being performed by the streamlined
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1	sales and use tax governing board, upon passage of any federal law that authorizes states to
2	require remote sellers to collect and remit sales and use taxes, effective the first (1st) day of the
3	first (1st) state fiscal quarter following the change, the rate imposed under § 44-18-18 shall be
4	reduced from seven percent (7.0%) to six and one-half percent (6.5%). The six and one- half
5	percent (6.5%) rate shall take effect on the date that the state requires remote sellers to collect and
6	remit sales and use taxes.
7	44-18-21. Liability for use tax.
8	(a) Every person storing, using, or consuming in this state tangible personal property,
9	including a motor vehicle, boat, airplane, or trailer, purchased from a retailer, and a motor
10	vehicle, boat, airplane, or trailer, purchased from other than a licensed motor vehicle dealer or
11	other than a retailer of boats, airplanes, or trailers respectively; or storing, using or consuming
12	specified prewritten computer software delivered electronically or by load and leave, or vendor-
13	hosted prewritten computer software, or services as defined in § 44-18-7.3 is liable for the use
14	tax. The person's liability is not extinguished until the tax has been paid to this state, except that a
15	receipt from a retailer engaging in business in this state or from a retailer who is authorized by the
16	tax administrator to collect the tax under rules and regulations that he or she may prescribe, given
17	to the purchaser pursuant to the provisions of § 44-18-22, is sufficient to relieve the purchaser
18	from further liability for the tax to which the receipt refers.
19	(b) Each person before obtaining an original or transferral registration for any article or
20	commodity in this state, which article or commodity is required to be licensed or registered in the
21	state, shall furnish satisfactory evidence to the tax administrator that any tax due under this
22	chapter with reference to the article or commodity has been paid, and for the purpose of effecting
23	compliance, the tax administrator, in addition to any other powers granted to him or her, may
24	invoke the provisions of § 31-3-4 in the case of a motor vehicle. The tax administrator, when he
25	or she deems it to be for the convenience of the general public, may authorize any agency of the
26	state concerned with the licensing or registering of these articles or commodities to collect the use
27	tax on any articles or commodities which the purchaser is required by this chapter to pay before
28	receiving an original or transferral registration. The general assembly shall annually appropriate a
29	sum that it deems necessary to carry out the purposes of this section. Notwithstanding the
30	provisions of §§ 44-18-19, 44-18-22, and 44-18-24, the sales or use tax on any motor vehicle
31	and/or recreational vehicle requiring registration by the administrator of the division of motor
32	vehicles shall not be added by the retailer to the sale price or charge but shall be paid directly by
33	the purchaser to the tax administrator, or his or her authorized deputy or agent as provided in this
34	section.
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1	(c) In cases involving total loss or destruction of a motor vehicle occurring within one
2	hundred twenty (120) days from the date of purchase and upon which the purchaser has paid the
3	use tax, the amount of the tax constitutes an overpayment. The amount of the overpayment may
4	be credited against the amount of use tax on any subsequent vehicle which the owner acquires to
5	replace the lost or destroyed vehicle or may be refunded, in whole or in part.
6	44-18-22. Collection of use tax by retailer.
7	Every retailer engaging in business in this state and making sales of tangible personal
8	property or prewritten computer software delivered electronically or by load and leave, or vendor-
9	hosted prewritten computer software, or services as defined in § 44-18-7.3, for storage, use, or
10	other consumption in this state, not exempted under this chapter shall, at the time of making the
11	sales, or if the storage, use, or other consumption of the tangible personal property, prewritten
12	computer software delivered electronically or by load and leave, vendor-hosted prewritten
13	computer software, or services as defined in § 44-18-7.3, is not then taxable under this chapter, at
14	the time the storage, use, or other consumption becomes taxable, collect the tax from the
15	purchaser and give to the purchaser a receipt in the manner and form prescribed by the tax
16	administrator.
17	44-18-23. "Engaging in business" defined.
18	As used in §§ 44-18-21 and 44-18-22 the term "engaging in business in this state" means
19	the selling or delivering in this state, or any activity in this state related to the selling or delivering
20	in this state of tangible personal property or prewritten computer software delivered electronically
21	or by load and leave, or vendor-hosted prewritten computer software, for storage, use, or other
22	consumption in this state; or services as defined in § 44-18-7.3 in this state. This term includes,
23	but is not limited to, the following acts or methods of transacting business:
24	(1) Maintaining, occupying, or using in this state permanently or temporarily, directly or
25	indirectly or through a subsidiary, representative, or agent by whatever name called and whether
26	or not qualified to do business in this state, any office, place of distribution, sales or sample room
27	or place, warehouse or storage place, or other place of business;
28	(2) Having any subsidiary, representative, agent, salesperson, canvasser, or solicitor
29	permanently or temporarily, and whether or not the subsidiary, representative, or agent is
30	qualified to do business in this state, operate in this state for the purpose of selling, delivering, or
31	the taking of orders for any tangible personal property, or prewritten computer software delivered
32	electronically or by load and leave, or vendor-hosted prewritten computer software, or services as
33	defined in § 44-18-7.3;
34	(3) The regular or systematic solicitation of sales of tangible personal property, or
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1	prewritten computer software delivered electronically or by load and leave, or vendor-hosted
2	prewritten computer software, or services as defined in § 44-18-7.3, in this state by means of:
3	(i) Advertising in newspapers, magazines, and other periodicals published in this state,
4	sold over the counter in this state or sold by subscription to residents of this state, billboards
5	located in this state, airborne advertising messages produced or transported in the air space above
6	this state, display cards and posters on common carriers or any other means of public conveyance
7	incorporated or operating primarily in this state, brochures, catalogs, circulars, coupons,
8	pamphlets, samples, and similar advertising material mailed to, or distributed within this state to
9	residents of this state;
10	(ii) Telephone;
11	(iii) Computer-assisted shopping networks; and
12	(iv) Television, radio or any other electronic media, which is intended to be broadcast to
13	consumers located in this state.
14	44-18-25. Presumption that sale is for storage, use, or consumption – Resale
15	certificate.
16	It is presumed that all gross receipts are subject to the sales tax, and that the use of all tangible
17	personal property, or prewritten computer software delivered electronically or by load and leave,
18	or vendor-hosted prewritten computer software, or services as defined in § 44-18-7.3, are subject
19	to the use tax, and that all tangible personal property, or prewritten computer software delivered
20	electronically or by load and leave, or vendor-hosted prewritten computer software, or services as
21	defined in § 44-18-7.3, sold or in processing or intended for delivery or delivered in this state is
22	sold or delivered for storage, use, or other consumption in this state, until the contrary is
23	established to the satisfaction of the tax administrator. The burden of proving the contrary is upon
24	the person who makes the sale and the purchaser, unless the person who makes the sale takes
25	from the purchaser a certificate to the effect that the purchase was for resale. The certificate shall
26	contain any information and be in the form that the tax administrator may require.
27	44-19-7. Registration of retailers.
28	Every retailer selling tangible personal property or prewritten computer software
29	delivered electronically or by load and leave or vendor-hosted prewritten computer software for
30	storage, use, or other consumption in this state, as well as services as defined in § 44-18-7.3, in
31	this state, or renting living quarters in any hotel as defined in § 42-63.1-2, rooming house, or
32	tourist camp in this state must register with the tax administrator and give the name and address
33	of all agents operating in this state, the location of all distribution or sales houses or offices, or of
34	any hotel as defined in § 42-63.1-2, rooming house, or tourist camp or other places of business in
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1	this state, and other information that the tax administrator may require.
2	SECTION 6. Sections 44-20-1, 44-20-8.2, 44-20-12, 44-20-13 and 44-20-13.2 of the
3	General Laws in Chapter 44-20 entitled “Cigarette and Other Tobacco Products Tax” are hereby
4	amended to read as follows:
5	44-20-1. Definitions. Whenever used in this chapter, unless the context requires
6	otherwise:
7	(1) "Administrator" means the tax administrator;
8	(2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form,
9	and each sheet of cigarette rolling paper, including but not limited to, paper made into a hollow
10	cylinder or cone, made with paper or any other material, with or without a filter suitable for use in
11	making cigarettes;
12	(3) "Dealer" means any person whether located within or outside of this state, who sells
13	or distributes cigarettes and/or other tobacco products to a consumer in this state;
14	(4) "Distributor" means any person:
15	(A) Whether located within or outside of this state, other than a dealer, who sells or
16	distributes cigarettes and/or other tobacco products within or into this state. Such term shall not
17	include any cigarette or other tobacco product manufacturer, export warehouse proprietor, or
18	importer with a valid permit under 26 U.S.C. § 5712, if such person sells or distributes cigarettes
19	and/or other tobacco products in this state only to licensed distributors, or to an export warehouse
20	proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712;
21	(B) Selling cigarettes and/or other tobacco products directly to consumers in this state by
22	means of at least twenty-five (25) vending machines;
23	(C) Engaged in this state in the business of manufacturing cigarettes and/or other tobacco
24	products or any person engaged in the business of selling cigarettes and/or other tobacco products
25	to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five percent
26	(75%) of all cigarettes and/or other tobacco products sold by that person in this state are sold to
27	dealers or other persons for resale and selling cigarettes and/or other tobacco products directly to
28	at least forty (40) dealers or other persons for resale; or
29	(D) Maintaining one or more regular places of business in this state for that purpose;
30	provided, that seventy-five percent (75%) of the sold cigarettes and/or other tobacco products are
31	purchased directly from the manufacturer and selling cigarettes and/or other tobacco products
32	directly to at least forty (40) dealers or other persons for resale;
33	(5) “Electronic cigarette” means: (i) a personal vaporizer, electronic nicotine delivery
34	system or an electronic inhaler which generally utilizes a heating element that vaporizes a liquid
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1	solution containing nicotine or nicotine derivative; (ii) the liquid solution containing nicotine or
2	nicotine derivative; or, (iii) any combination thereof.
3	(5) (6) "Importer" means any person who imports into the United States, either directly or
4	indirectly, a finished cigarette or other tobacco product for sale or distribution;
5	(6) (7) "Licensed", when used with reference to a manufacturer, importer, distributor or
6	dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for
7	the type of business being engaged in. When the term "licensed" is used before a list of entities,
8	such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be
9	deemed to apply to each entity in such list;
10	(7) (8) "Manufacturer" means any person who manufactures, fabricates, assembles,
11	processes, or labels a finished cigarette and/or other tobacco products;
12	(8) (9) "Other tobacco products" (OTP) means any cigars (excluding Little Cigars, as
13	defined in § 44-20.2-1, which are subject to cigarette tax), cheroots, stogies, smoking tobacco
14	(including granulated, plug cut, crimp cut, ready rubbed and any other kinds and forms of tobacco
15	suitable for smoking in a otherwise), chewing tobacco (including Cavendish, twist, plug, scrap
16	and any other kinds and forms of tobacco suitable for chewing), any and all forms of hookah,
17	shisha and "mu'assel" tobacco, snuff, Electronic cigarettes, and shall include any other articles or
18	products made of or containing tobacco, in whole or in part, or any tobacco substitute, except
19	cigarettes;
20	(9) (10) "Person" means any individual, including an employee or agent, firm, fiduciary,
21	partnership, corporation, trust, or association, however formed;
22	(10) (11) "Pipe" means an apparatus made of any material used to burn or vaporize
23	products so that the smoke or vapors can be inhaled or ingested by the user;
24	(11) (12) "Place of business" means any location where cigarettes and/or other tobacco
25	products are sold, stored, or kept, including, but not limited to; any storage room, attic, basement,
26	garage or other facility immediately adjacent to the location. It also includes any receptacle, hide,
27	vessel, vehicle, airplane, train, or vending machine;
28	(12) (13) "Sale" or "sell" means gifts, exchanges, and barter of cigarettes and/or other
29	tobacco products. The act of holding, storing, or keeping cigarettes and/or other tobacco products
30	at a place of business for any purpose shall be presumed to be holding the cigarettes and/or other
31	tobacco products for sale. Furthermore, any sale of cigarettes and/or other tobacco products by
32	the servants, employees, or agents of the licensed dealer during business hours at the place of
33	business shall be presumed to be a sale by the licensee;
34	(13) (14) "Stamp" means the impression, device, stamp, label, or print manufactured,
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1	printed, or made as prescribed by the administrator to be affixed to packages of cigarettes, as
2	evidence of the payment of the tax provided by this chapter or to indicate that the cigarettes are
3	intended for a sale or distribution in this state that is exempt from state tax under the provisions of
4	state law; and also includes impressions made by metering machines authorized to be used under
5	the provisions of this chapter.
6	44-20-8.2. Transactions only with licensed manufacturers, importers, distributors,
7	and dealers.
8	A manufacturer or importer may sell or distribute cigarettes and/or other tobacco
9	products to a person located or doing business within this state, only if such person is a licensed
10	importer or distributor. An importer may obtain cigarettes and/or other tobacco products only
11	from a licensed manufacturer. A distributor may sell or distribute cigarettes and/or other tobacco
12	products to a person located or doing business within the state, only if such person is a licensed
13	distributor or dealer. A distributor may obtain cigarettes and/or other tobacco products only from
14	a licensed manufacturer, importer, or distributor. A dealer may obtain cigarettes and/or other
15	tobacco products only from a licensed distributor.
16	44-20-13.2. Tax imposed on other tobacco products, smokeless tobacco, cigars, and
17	pipe tobacco products.
18	(a) A tax is imposed on all other tobacco products, smokeless tobacco, cigars, electronic
19	cigarettes, and pipe tobacco products sold, or held for sale in the state by any person, the payment
20	of the tax to be accomplished according to a mechanism established by the administrator, division
21	of taxation, department of revenue. 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) eighty cents ($.80) 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
28	weight as listed by the manufacturer; provided, however, that any product listed by the
29	manufacturer as having a net weight of less than 1.2 ounces shall be taxed as if the product has a
30	net weight of 1.2 ounces.
31	(b) Any dealer having in his or her possession any other 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 other tobacco, cigars, and pipe tobacco in this
34	state, file a return with the tax administrator in a form prescribed by the tax administrator. The
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1	return shall be accompanied by a payment of the amount of the tax shown on the form to be due.
2	Records required under this section shall be preserved on the premises described in the relevant
3	license in such a manner as to ensure permanency and accessibility for inspection at reasonable
4	hours by authorized personnel of the administrator.
5	(c) The proceeds collected are paid into the general fund.
6	SECTION 7. Sections 44-20-12 and 44-20-13 of the General Laws in Chapter 44-20
7	entitled “Cigarette and Other Tobacco Products Tax” are hereby amended to read as follows:
8	44-20-12. Tax imposed on cigarettes sold.
9	A tax is imposed on all cigarettes sold or held for sale in the state. The payment of the tax
10	to be evidenced by stamps, which may be affixed only by licensed distributors to the packages
11	containing such cigarettes. Any cigarettes on which the proper amount of tax provided for in this
12	chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under
13	this chapter. The tax is at the rate of two hundred twelve and one-half (212.5) two hundred
14	twenty-five (225) mills for each cigarette.
15	44-20-13. Tax imposed on unstamped cigarettes.
16	A tax is imposed at the rate of two hundred twelve and one-half (212.5) two hundred
17	twenty-five (225) mills for each cigarette upon the storage or use within this state of any
18	cigarettes not stamped in accordance with the provisions of this chapter in the possession of any
19	consumer within this state.
20	SECTION 8. Chapter 44-20 of the General Laws entitled “Cigarette and Other Tobacco
21	Products Tax” is hereby amended by adding thereto the following section:
22	44-20-12.7. Floor stock tax on cigarettes and stamps.
23	(a) Each person engaging in the business of selling cigarettes at retail in this state shall
24	pay a tax or excise to the state for the privilege of engaging in that business during any part of the
25	calendar year 2018. In calendar year 2018, the tax shall be measured by the number of cigarettes
26	held by the person in this state at 12:01 a.m. on August 1, 2018 and is computed at the rate thirty-
27	seven and one-half (37.5) mills for each cigarette on August 1, 2018.
28	(b) Each distributor licensed to do business in this state pursuant to this chapter shall pay
29	a tax or excise to the state for the privilege of engaging in that business during any part of the
30	calendar year 2018. The tax is measured by the number of stamps, whether affixed or to be
31	affixed to packages of cigarettes, as required by § 44-20-28. In calendar year 2018 the tax is
32	measured by the number of stamps), whether affixed or to be affixed, held by the distributor at
33	12:01 a.m. on August 1, 2018, and is computed at the rate of thirty-seven and one-half mills per
34	cigarette in the package to which the stamps are affixed or to be affixed.
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1	(c) Each person subject to the payment of the tax imposed by this section shall, on or
2	before August 15, 2018, file a return, under oath or certified under the penalties of perjury, with
3	the tax administrator on forms furnished by him or her, showing the amount of cigarettes and the
4	number of stamps in that person's possession in this state at 12:01 a.m. on August 1, 2018, as
5	described in this section above, and the amount of tax due, and shall at the time of filing the
6	return pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for the
7	failure to make a return containing the information required by the tax administrator.
8	(d) The tax administrator may prescribe rules and regulations, not inconsistent with law,
9	with regard to the assessment and collection of the tax imposed by this section.
10	SECTION 9. This Article shall take effect as of July 1, 2018, except for Section 7 and
11	Section 8, which will take effect on August 1, 2018.
12	ARTICLE 5
13	RELATING TO CAPITAL DEVELOPMENT PROGRAM
14	SECTION 1. Proposition to be submitted to the people. -- At the general election to be
15	held on the Tuesday next after the first Monday in November 2018, there shall be submitted to
16	the people (“People”) of the State of Rhode Island (“State”), for their approval or rejection, the
17	following proposition:
18	"Shall the action of the general assembly, by an act passed at the January 2018 session,
19	authorizing the issuance of bonds, refunding bonds, and/or temporary notes of the State of Rhode
20	Island for the capital projects and in the amount with respect to each such project listed below be
21	approved, and the issuance of bonds, refunding bonds, and/or temporary notes authorized in
22	accordance with the provisions of said act?"
23	Project
24	(1) Rhode Island School Buildings $250,000,000
25	Approval of this question will allow the State of Rhode Island to issue general obligation
26	bonds, refunding bonds, and/or temporary notes in an amount not to exceed two-hundred-fifty
27	million dollars ($250,000,000) over a five (5) year period, and not to exceed one-hundred million
28	dollars ($100,000,000) in any one (1) year, to provide direct funding for foundational level school
29	housing aid and the school building authority capital fund with the amount of the allocation
30	between the two (2) programs to be determined by the School Building Authority as designated in
31	Chapter 105, Title 16 of the General Laws.
32	(2) Higher Education Facilities $70,000,000
33	Approval of this question will allow the State of Rhode Island to issue general obligation
34	bonds, refunding bonds, and/or temporary notes in an amount not to exceed seventy million
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1	dollars ($70,000,000) to higher education facilities, to be allocated as follows:
2	(a) University of Rhode Island Narragansett Bay Campus $45,000,000
3	Provides forty-five million dollars ($45,000,000) to fund repairs and construct new
4	facilities on the University of Rhode Island’s Narragansett Bay campus in support of the
5	educational and research needs for the marine disciplines.
6	(b) Rhode Island College School of Education and Human Development $25,000,000
7	Provides twenty-five million dollars ($25,000,000) to fund the renovation of Horace
8	Mann Hall on the campus of Rhode Island College, which houses the School of Education and
9	Human Development.
10	(3) Green Economy and Clean Water $48,500,000
11	Approval of this question will allow the State of Rhode Island to issue general obligation
12	bonds, refunding bonds, and/or temporary notes in an amount not to exceed forty-eight million
13	five hundred thousand dollars ($48,500,000) for environmental and recreational purposes, to be
14	allocated as follows:
15	(a) Coastal Resiliency and Public Access Projects $5,000,000
16	Provides five million dollars ($5,000,000) for up to seventy-five percent (75%) matching
17	grants to public and non-profit entities for restoring and/or improving resiliency of vulnerable
18	coastal habitats, and restoring rivers and stream floodplains. These funds are expected to leverage
19	significant matching funds to support local programs to improve community resiliency and public
20	safety in the face of increased flooding, major storm events, and environmental degradation.
21	(b) Capital for Clean Water and Drinking Water $6,100,000
22	Provides six million one hundred thousand dollars ($6,100,000) for clean water and
23	drinking water infrastructure improvements. Projects range from wastewater treatment upgrades
24	and storm water quality improvements to combine sewer overflow abatement projects.
25	(c) Wastewater Treatment Facility Resilience Improvements $5,000,000
26	Provides five million dollars ($5,000,000) for up to fifty percent (50%) matching grants
27	for wastewater treatment facility resiliency improvements for facilities vulnerable to increased
28	flooding, major storm events and environmental degradation.
29	(d) Dam Safety $4,400,000
30	Provides four million four hundred thousand dollars ($4,400,000) for repairing and/or
31	removing state-owned dams.
32	(e) State Recreation Projects Program $10,000,000
33	Provides ten million dollars ($10,000,000) for capital improvements to state recreational
34	facilities, including Fort Adams State Park.
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1	(f) State Bikeway Development Program $5,000,000
2	Provides five million dollars ($5,000,000) for the State to design, repair, and construct
3	bikeways, including the East Bay bike path.
4	(g) Brownfield Remediation and Economic Development $4,000,000
5	Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants
6	to public, private, and/or non-profit entities for brownfield remediation projects.
7	(h) Local Recreation Projects $5,000,000
8	Provides five million dollars ($5,000,000) for up to eighty percent (80%) matching grants
9	for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the
10	growing needs for active recreational facilities.
11	(i) Access to Farmland $2,000,000
12	Provides two million dollars ($2,000,000) to protect the State’s working farms through
13	the State Farmland Access Program and the purchase of Development Rights by the Agricultural
14	Lands Preservation Commission
15	(j) Local Open Space $2,000,000
16	Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants
17	to municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,
18	development rights, or conservation easements on open space and urban parklands.
19	SECTION 2. Ballot labels and applicability of general election laws. -- The Secretary
20	of State shall prepare and deliver to the State Board of Elections ballot labels for each of the
21	projects provided for in Section 1 hereof with the designations "approve" or "reject" provided
22	next to the description of each such project to enable voters to approve or reject each such
23	proposition. The general election laws, so far as consistent herewith, shall apply to this
24	proposition.
25	SECTION 3. Approval of projects by people. -- If a majority of the People voting on
26	the proposition in Section 1 hereof shall vote to approve any project stated therein, said project
27	shall be deemed to be approved by the People. The authority to issue bonds, refunding bonds
28	and/or temporary notes of the State shall be limited to the aggregate amount for all such projects
29	as set forth in the proposition, which has been approved by the People.
30	SECTION 4. Bonds for capital development program. -- The General Treasurer is
31	hereby authorized and empowered, with the approval of the Governor, and in accordance with the
32	provisions of this Act to issue capital development bonds in serial form, in the name of and on
33	behalf of the State of Rhode Island, in amounts as may be specified by the Governor in an
34	aggregate principal amount not to exceed the total amount for all projects approved by the People
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1	and designated as "capital development loan of 2018 bonds." Provided, however, that the
2	aggregate principal amount of such capital development bonds and of any temporary notes
3	outstanding at any one time issued in anticipation thereof pursuant to Section 7 hereof shall not
4	exceed the total amount for all such projects approved by the People. All provisions in this Act
5	relating to "bonds" shall also be deemed to apply to "refunding bonds."
6	Capital development bonds issued under this Act shall be in denominations of one
7	thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency
8	of the United States which at the time of payment shall be legal tender for public and private
9	debts. These capital development bonds shall bear such date or dates, mature at specified time or
10	times, but not mature beyond the end of the twentieth (20th) State fiscal year following the fiscal
11	year in which they are issued; bear interest payable semi-annually at a specified rate or different
12	or varying rates: be payable at designated time or times at specified place or places; be subject to
13	express terms of redemption or recall, with or without premium; be in a form, with or without
14	interest coupons attached; carry such registration, conversion, reconversion, transfer, debt
15	retirement, acceleration and other provisions as may be fixed by the General Treasurer, with the
16	approval by the Governor, upon each issue of such capital development bonds at the time of each
17	issue. Whenever the Governor shall approve the issuance of such capital development bonds, the
18	Governor’s approval shall be certified to the Secretary of State; the bonds shall be signed by the
19	General Treasurer and countersigned by Secretary of State and shall bear the seal of the State.
20	The signature approval of the Governor shall be endorsed on each bond.
21	SECTION 5. Refunding bonds for 2018 capital development program. -- The General
22	Treasurer is hereby authorized and empowered, with the approval of the Governor, and in
23	accordance with the provisions of this Act, to issue bonds to refund the 2018 capital development
24	program bonds, in the name of and on behalf of the state, in amounts as may be specified by the
25	Governor in an aggregate principal amount not to exceed the total amount approved by the
26	People, to be designated as "capital development program loan of 2018 refunding bonds"
27	(hereinafter "Refunding Bonds").
28	The General Treasurer with the approval of the Governor shall fix the terms and form of
29	any Refunding Bonds issued under this Act in the same manner as the capital development bonds
30	issued under this Act, except that the Refunding Bonds may not mature more than twenty (20)
31	years from the date of original issue of the capital development bonds being refunded.
32	The proceeds of the Refunding Bonds, exclusive of any premium and accrual interest and
33	net the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the
34	General Treasurer immediately to the paying agent for the capital development bonds which are
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1	to be called and prepaid. The paying agent shall hold the Refunding Bond proceeds in trust until
2	they are applied to prepay the capital development bonds. While such proceeds are held in trust,
3	the proceeds may be invested for the benefit of the State in obligations of the United States of
4	America or the State of Rhode Island.
5	If the General Treasurer shall deposit with the paying agent for the capital development
6	bonds the proceeds of the Refunding Bonds, or proceeds from other sources, amounts that, when
7	invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
8	principal, interest, and premium, if any, on the capital development bonds until these bonds are
9	called for prepayment, then such capital development bonds shall not be considered debts of the
10	State of Rhode Island for any purpose starting from the date of deposit of such moneys with the
11	paying agent. The Refunding Bonds shall continue to be a debt of the State until paid.
12	The term "bond" shall include "note," and the term "refunding bonds" shall include
13	"refunding notes" when used in this Act.
14	SECTION 6. Proceeds of capital development program. -- The General Treasurer is
15	directed to deposit the proceeds from the sale of capital development bonds issued under this Act,
16	exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond
17	insurance, in one or more of the depositories in which the funds of the State may be lawfully kept
18	in special accounts (hereinafter cumulatively referred to as "such capital development bond
19	fund") appropriately designated for each of the projects set forth in Section 1 hereof which shall
20	have been approved by the People to be used for the purpose of paying the cost of all such
21	projects so approved.
22	All monies in the capital development bond fund shall be expended for the purposes
23	specified in the proposition provided for in Section 1 hereof under the direction and supervision
24	of the Director of Administration (hereinafter referred to as "Director"). The Director or his or her
25	designee shall be vested with all power and authority necessary or incidental to the purposes of
26	this Act, including but not limited to, the following authority: (a) to acquire land or other real
27	property or any interest, estate or right therein as may be necessary or advantageous to
28	accomplish the purposes of this Act; (b) to direct payment for the preparation of any reports,
29	plans and specifications, and relocation expenses and other costs such as for furnishings,
30	equipment designing, inspecting and engineering, required in connection with the implementation
31	of any projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction,
32	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
33	improvements to land in connection with the implementation of any projects set forth in Section 1
34	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
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1	for repair, renovation or conversion of systems and structures as necessary for the 2018 capital
2	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
3	expended in excess of the amount of the capital development bond fund designated for each
4	project authorized in Section 1 hereof. With respect to the bonds and temporary notes described
5	in Section 1, the proceeds shall be used for the following purposes:
6	Question 1, relating to bonds in the amount of two hundred-fifty million dollars
7	($250,000,000) to provide funding for the construction, renovation, and rehabilitation of the
8	state’s public schools.
9	Question 2, relating to bonds in the amount of seventy million dollars ($70,000,000) to
10	provide funding for higher education facilities to be allocated as follows:
11	(a) Rhode Island College School of Education and Human Development $25,000,000
12	Provides twenty-five million dollars ($25,000,000) to renovate Horace Mann Hall on the
13	campus of Rhode Island College in Providence. Horace Mann Hall houses the Feinstein School of
14	Education and Human Development, the historical leader in producing Rhode Island’s public
15	school teachers. The facility has exceeded its useful life with no major renovations since it was
16	constructed in 1969. The renovation will allow the Feinstein School of Education and Human
17	Development to ensure its curriculum and programming are among the best in the nation and
18	create a top learning environment for students.
19	(b) University of Rhode Island Narragansett Bay Campus $45,000,000
20	Provides forty-five million dollars ($45,000,000) to renovate, build additions, and
21	construct new facilities, including a new Ocean Innovation Center building, to support the
22	ongoing and evolving educational and research needs in marine biology, oceanography, oceanic
23	instrumentation and other marine disciplines at the Narragansett Bay Campus. Constructing new
24	facilities will allow the University to accommodate a new one hundred twenty-five million
25	dollars ($125,000,000) National Science Foundation federal research vessel and other University-
26	supported research vessels at the University’s Narragansett Bay campus facilities.
27	Question 3, relating to bonds in the amount of exceed forty-eight million five hundred
28	thousand dollars ($48,500,000) for environmental and recreational purposes, to be allocated as
29	follows:
30	(a) Coastal Resiliency and Public Access Projects $5,000,000
31	Provides five million dollars ($5,000,000) for up to seventy-five percent (75%) matching
32	grants to public and non-profit entities for restoring and/or improving resiliency of vulnerable
33	coastal habitats, and restoring rivers and stream floodplains.
34	(b) Capital for Clean Water and Drinking Water $6,100,000
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1	Provides six million one hundred thousand dollars ($6,100,000) for clean water and
2	drinking water infrastructure improvements such as from wastewater treatment upgrades and
3	storm water quality improvements to combined sewer overflow abatement projects.
4	(c) Wastewater Treatment Facility Resilience Improvements $5,000,000
5	Provides five million dollars ($5,000,000) for up to fifty percent (50%) matching grants
6	for wastewater treatment facility resiliency improvements for facilities vulnerable to increased
7	flooding, major storm events, and environmental degradation.
8	(d) Dam Safety $4,400,000
9	Provides four million four hundred thousand dollars ($4,400,000) for repairing and/or
10	removing State-owned dams.
11	(e) State Recreation Projects Program $10,000,000
12	Provides ten million dollars ($10,000,000) for capital improvements to State recreational
13	facilities, including Fort Adams State Park.
14	(f) State Bikeway Development Program $5,000,000
15	Provides five million dollars ($5,000,000) for the State to design, repair, and construct
16	bikeways, including the East Bay bike path.
17	(g) Brownfield Remediation and Economic Development $4,000,000
18	Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants
19	to public, private, and/or non-profit entities for brownfield remediation projects.
20	(h) Local Recreation Projects $5,000,000
21	Provides five million dollars ($5,000,000) for up to eighty percent (80%) matching grants
22	for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the
23	growing needs for active recreational facilities.
24	(i) Access to Farmland $2,000,000
25	Provides two million dollars ($2,000,000) to protect the State’s working farms through
26	the State Farmland Access Program and the purchase of Development Rights by the Agricultural
27	Lands Preservation Commission
28	(j) Local Open Space $2,000,000
29	Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants
30	to municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,
31	development rights, or conservation easements on open space and urban parklands.
32	SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority
33	of this Act shall be sold at not less than the principal amount thereof, in such mode and on such
34	terms and conditions as the General Treasurer, with the approval of the Governor, shall deem to
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1	be in the best interests of the State.
2	Any premiums and accrued interest, net of the cost of bond insurance and underwriter’s
3	discount, which may be received on the sale of the capital development bonds or notes shall
4	become part of the Rhode Island Capital Plan Fund of the State, unless directed by federal law or
5	regulation to be used for some other purpose.
6	In the event that the amount received from the sale of the capital development bonds or
7	notes exceeds the amount necessary for the purposes stated in Section 6 hereof, the surplus may
8	be used to the extent possible to retire the bonds as the same may become due, to redeem them in
9	accordance with the terms thereof or otherwise to purchase them as the General Treasurer, with
10	the approval of the Governor, shall deem to be in the best interests of the state.
11	Any bonds or notes issued under the provisions of this Act and coupons on any capital
12	development bonds, if properly executed by the manual or electronic signatures of officers of the
13	State in office on the date of execution, shall be valid and binding according to their tenor,
14	notwithstanding that before the delivery thereof and payment therefor, any or all such officers
15	shall for any reason have ceased to hold office.
16	SECTION 8. Bonds and notes to be tax exempt and general obligations of the State. -
17	- All bonds and notes issued under the authority of this Act shall be exempt from taxation in the
18	State and shall be general obligations of the State, and the full faith and credit of the State is
19	hereby pledged for the due payment of the principal and interest on each of such bonds and notes
20	as the same shall become due.
21	SECTION 9. Investment of moneys in fund. -- All moneys in the capital development
22	fund not immediately required for payment pursuant to the provisions of this act may be invested
23	by the investment commission, as established by Chapter 10 of Title 35, entitled “State
24	Investment Commission,” pursuant to the provisions of such chapter; provided, however, that the
25	securities in which the capital development fund is invested shall remain a part of the capital
26	development fund until exchanged for other securities; and provided further, that the income from
27	investments of the capital development fund shall become a part of the general fund of the State
28	and shall be applied to the payment of debt service charges of the State, unless directed by federal
29	law or regulation to be used for some other purpose, or to the extent necessary, to rebate to the
30	United States treasury any income from investments (including gains from the disposition of
31	investments) of proceeds of bonds or notes to the extent deemed necessary to exempt (in whole or
32	in part) the interest paid on such bonds or notes from federal income taxation.
33	SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not
34	otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and
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1	notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise
2	appropriated.
3	SECTION 11. Advances from general fund. -- The General Treasurer is authorized,
4	with the approval of the Director and the Governor, in anticipation of the issue of notes or bonds
5	under the authority of this Act, to advance to the capital development bond fund for the purposes
6	specified in Section 6 hereof, any funds of the State not specifically held for any particular
7	purpose; provided, however, that all advances made to the capital development bond fund shall be
8	returned to the general fund from the capital development bond fund forthwith upon the receipt
9	by the capital development fund of proceeds resulting from the issue of notes or bonds to the
10	extent of such advances.
11	SECTION 12. Federal assistance and private funds. -- In carrying out this act, the
12	Director, or his or her designee, is authorized on behalf of the State, with the approval of the
13	Governor, to apply for and accept any federal assistance which may become available for the
14	purpose of this Act, whether in the form of loan or grant or otherwise, to accept the provision of
15	any federal legislation therefor, to enter into, act and carry out contracts in connection therewith,
16	to act as agent fSor the federal government in connection therewith, or to designate a subordinate
17	so to act. Where federal assistance is made available, the project shall be carried out in
18	accordance with applicable federal law, the rules and regulations thereunder and the contract or
19	contracts providing for federal assistance, notwithstanding any contrary provisions of State law.
20	Subject to the foregoing, any federal funds received for the purposes of this Act shall be
21	deposited in the capital development bond fund and expended as a part thereof. The Director or
22	his or her designee may also utilize any private funds that may be made available for the purposes
23	of this Act.
24	SECTION 13. Effective Date. -- Sections 1, 2, 3, 11 and 12 of this article shall take
25	effect upon passage. The remaining sections of this article shall take effect when and if the State
26	Board of Elections shall certify to the Secretary of State that a majority of the qualified electors
27	voting on the proposition contained in Section 1 hereof have indicated their approval of all or any
28	projects thereunder.
29	ARTICLE 6
30	RELATING TO LICENSING
31	SECTION 1. Section 3-5-18 of the General Laws in Chapter 3-5 entitled “Licenses
32	Generally” is hereby amended to read as follows:
33	3-5-18. Signature on licenses – Posting and exhibition.
34	(a) All retail licenses issued under chapter 7 of this title shall bear the signature written by
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1	hand, or electronic signature, of the clerk of the licensing board, body, or officials issuing them,
2	and shall not be printed, stamped, typewritten, engraved, photographed or cut from one
3	instrument and attached to another and shall be displayed by the licensee, on the premises and
4	shall be exhibited on demand to any deputy sheriff, to any city or town sergeant, constable,
5	officer or member of the city or town police or to any member of the department of state police or
6	agent of the department.
7	(b) All retail licenses shall be displayed within the premises but need not be posted. The
8	license shall be exhibited to any deputy sheriff of the county, to any city or town sergeant,
9	constable, officer or member of the city or town police or to any member of the department of
10	state police or agent of the department who request proof that the establishment is duly licensed.
11	SECTION 2. Section 3-6-13 of the General Laws in Chapter 3-6 entitled “Manufacturing
12	and Wholesale Licenses” is hereby repealed.
13	3-6-13. License bonds to state.
14	As conditions precedent to the issuance by the department of any manufacturer's license,
15	rectifier's license, wholesaler's Class A license, wholesaler's Class B license, and wholesaler's
16	Class C license under the provisions of this chapter, the person applying for a license shall give
17	bond to the general treasurer of the state in a penal sum in the amount that the department of
18	business regulation requests with at least two (2) resident sureties satisfactory to the department
19	of business regulation, or a surety company authorized to do business in this state as surety,
20	which bond shall be on condition that the licensee will not violate, or suffer to be violated, on any
21	licensed premises under his or her control any of the provisions of this chapter or of chapter 5 of
22	this title or of chapters 10, 34, or 45 of title 11 or §§ 11-2-1, 11-9-13, 11-9-15, 11-11-5, 11-18-2 –
23	11-18-4, 11-20-1, 11-20-2, 11-23-4, 11-31-1 or 11-37-2 – 11-37-4 and on condition that the
24	licensee will pay all costs and damages incurred by any violation of any of those chapters or
25	sections and shall also pay to the division of taxation the license fee required by this chapter.
26	SECTION 3. Sections 3-6-1, 3-6-1.2, 3-6-3, 3-6-9, 3-6-10, 3-6-11, 3-6-12 of the General
27	Laws in Chapter 3-6 entitled “Manufacturing and Wholesale Licenses” are hereby amended to
28	read as follows:
29	3-6-1. Manufacturer's license.
30	(a) A manufacturer's license authorizes the holder to establish and operate a brewery,
31	distillery, or winery at the place described in the license for the manufacture of beverages within
32	this state. The license does not authorize more than one of the activities of operator of a brewery
33	or distillery or winery and a separate license shall be required for each plant.
34	(b) The license also authorizes the sale at wholesale, at the licensed place by the
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1	manufacturer of the product of the licensed plant, to another license holder and the transportation
2	and delivery from the place of sale to a licensed place or to a common carrier for that delivery.
3	The license does authorize the sale of beverages for consumption on premises where sold;
4	provided that the manufacturer does not sell an amount in excess of thirty-six ounces (36 oz.) of
5	malt beverage or four and one-half ounces (4.5 oz.) of distilled spirits per visitor, per day, or a
6	combination not greater than three (3) drinks where a drink is defined as twelve ounces (12 oz.)
7	of beer or one and one-half ounces (1.5 oz.) of spirits, for consumption on the premises. The
8	license also authorizes the sale of beverages produced on the premises in an amount not in excess
9	of two hundred eighty-eight ounces (288 oz.) of malt beverages, or seven hundred fifty milliliters
10	(750 ml) of distilled spirits per visitor, per day, to be sold in containers that may hold no more
11	than seventy-two ounces (72 oz.) each. These beverages may be sold to the consumers for off-
12	premises consumption, and shall be sold pursuant to the laws governing retail Class A
13	establishments. The containers for the sale of beverages for off-premises consumption shall be
14	sealed. The license does not authorize the sale of beverages in this state for delivery outside this
15	state in violation of the law of the place of delivery. The license holder may provide to visitors, in
16	conjunction with a tour and/or tasting, samples, clearly marked as samples, not to exceed three
17	hundred seventy-five milliliters (375 ml) per visitor for distilled spirits and seventy-two ounces
18	(72 oz.) per visitor for malt beverages at the licensed plant by the manufacturer of the product of
19	the licensed plant to visitors for off-premises consumption. The license does not authorize
20	providing samples to a visitor of any alcoholic beverages for off-premises consumption that are
21	not manufactured at the licensed plant.
22	(c) The annual fee for the license is three thousand dollars ($3,000) for a distillery
23	producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) for
24	a distillery producing less than or equal to fifty thousand (50,000) gallons per year; five hundred
25	dollars ($500) for a brewery; and one thousand five hundred dollars ($1,500) for a winery
26	producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per
27	year for a winery producing less than fifty thousand (50,000) gallons per year. All those fees are
28	prorated to the year ending December 1 in every calendar year and shall be paid to the division of
29	taxation and be turned over to the general treasurer for the use of the state.
30	3-6-1.2. Brewpub manufacturer's license.
31	(a) A brewpub manufacturer's license shall authorize the holder to establish and operate a
32	brewpub within this state. The brewpub manufacturer's license shall authorize the retail sale of
33	the beverages manufactured on the location for consumption on the premises. The license shall
34	not authorize the retail sale of beverages from any location other than the location set forth in the
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1	license. A brewpub may sell at retail alcoholic beverages produced on the premises by the half-
2	gallon bottle known as a "growler" to consumers for off the premises consumption to be sold
3	pursuant to the laws governing retail Class A establishments.
4	(b) The license shall also authorize the sale at wholesale at the licensed place by the
5	manufacturer of the product of his or her licensed plant as well as beverages produced for the
6	brewpub and sold under the brewpub's name to a holder of a wholesaler's license and the
7	transportation and delivery from the place of sale to the licensed wholesaler or to a common
8	carrier for that delivery.
9	(c) The brewpub manufacturer's license further authorizes the sale of beverages
10	manufactured on the premises to any person holding a valid wholesaler's and importer's license
11	under § 3-6-9 or 3-6-11.
12	(d) The annual fee for the license is one thousand dollars ($1,000) for a brewpub
13	producing more than fifty thousand (50,000) gallons per year and five hundred dollars ($500) per
14	year for a brewpub producing less than fifty thousand (50,000) gallons per year. The annual fee is
15	prorated to the year ending December 1 in every calendar year and paid to the division of taxation
16	and turned over to the general treasurer for the use of the state.
17	3-6-3. Rectifier's license.
18	The department is authorized to issue rectifiers' licenses in accordance with the
19	provisions of §§ 3-6-4 – 3-6-8. The fee provided shall be prorated to the year ending December 1
20	in every calendar year and be paid to the division of taxation and turned over to the general
21	treasurer for the use of the state.
22	3-6-9. Wholesaler's license – Class A.
23	A wholesaler's license, Class A, authorizes the holder to keep for sale and to sell malt
24	beverages and wines at wholesale at the place described to holders of licenses under this title
25	within this state and to holders of wholesale licenses in other states and the transportation and
26	delivery from the place of sale to those license holders or to a common carrier for that delivery.
27	Sales by a wholesaler in this state to a holder of a wholesale license in another state shall be only
28	to a wholesaler who is a distributor of the same brand of malt beverages or wines subject to
29	permission by the department. The license shall not authorize the sale of malt beverages or wines
30	for consumption on the premises where sold nor their sale for their delivery outside this state in
31	violation of the law of the place of delivery. The annual fee for the license is two thousand dollars
32	($2,000) prorated to the year ending December 1 in every calendar year, and shall be paid to the
33	division of taxation and turned over to the general treasurer for the use of the state. Whenever any
34	malt beverages or wines are sold outside the state pursuant to this section, refunds or credits of
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1	import fees previously paid on those malt beverages or wines shall be made to holders of
2	wholesaler's licenses under this title in accordance with regulations promulgated by the division
3	of taxation.
4	3-6-10. Wholesaler's license – Class B.
5	(a) A wholesaler's license, Class B, authorizes the holder to keep for sale and to sell malt
6	and vinous beverages and distilled spirits at wholesale, at the place described in the license, to
7	holders of licenses under this title within this state and to holders of wholesale licenses in other
8	states and authorizes the transportation and delivery from the place of sale to those license
9	holders or to a common carrier for that delivery. Sales by a wholesaler in this state to a holder of
10	a wholesale license in another state shall be only to a wholesaler who is a distributor of the same
11	brand of malt beverages, vinous beverages, and distilled spirits subject to permission by the state
12	liquor control administrator. The license shall not authorize the sale of beverages for consumption
13	on the premises where sold nor the sale of beverages for delivery outside this state in violation of
14	the law of the place of delivery.
15	(b) The annual fee for the license is four thousand dollars ($4,000) prorated to the year
16	ending December 1 in every calendar year, and shall be paid to the division of taxation and turned
17	over to the general treasurer for the use of the state whenever any malt beverages, vinous
18	beverages, and distilled spirits are sold outside the state pursuant to this section. Refunds or
19	credits of import fees previously paid on malt beverages, vinous beverages and distilled spirits
20	shall be made to holders of wholesaler's licenses under this title in accordance with regulations
21	promulgated by the division of taxation.
22	3-6-11. Wholesaler's Class C license.
23	A wholesaler's Class C license authorizes the holder to manufacture, transport, import,
24	export, deliver, and sell alcohol for mechanical, manufacturing, medicinal, or chemical purposes
25	only, or to any registered pharmacist, licensed pharmacy, drug store, or apothecary shop, or to
26	any registered physician or dentist, or to any hospital or educational or scientific institution, for
27	use other than beverage purposes. The annual fee for the license is two hundred dollars ($200)
28	and shall be paid to the division of taxation and turned over to the general treasurer for the use of
29	the state.
30	3-6-12. Agents' licenses.
31	Any person who represents a distillery, winery, or brewery is deemed and taken to be
32	acting as an agent for and on behalf of that distillery, winery, or brewery, and is required to have
33	received from the department a license to act as an agent. The annual fee for that license is fifty
34	dollars ($50.00) paid to the division of taxation. The department may, after notice, suspend or
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1	revoke any license for cause.
2	SECTION 4. Section 3-7-15 of the General Laws in Chapter 3-7 entitled “Retail
3	Licenses” is hereby amended to read as follows:
4	3-7-15. Class G license.
5	(a) A Class G retailer's license shall be issued only to any dining car company, sleeping
6	car company, parlor car company, and railroad company operating in this state, or any company
7	operating passenger carrying marine vessels in this state, or any airline operating in this state, and
8	authorizes the holder of the license to keep for sale and to sell in its dining cars, sleeping cars,
9	buffet cars, club cars, lounge cars and any other cars used for the transportation or
10	accommodation of passengers, and in or on any passenger-carrying marine vessel, and in any
11	airplane, beverages for consumption therein or thereon, but only when actually en route.
12	(b) In addition, the holder of the Class G license for a passenger-carrying marine vessel
13	may serve alcoholic beverages at retail aboard the vessel during the period thirty (30) minutes
14	prior to the scheduled departure and until departure, provided that the local licensing board
15	annually consents.
16	(c) Each company or airline to which the license is issued shall pay to the department an
17	annual fee of two hundred fifty dollars ($250) for the license, and one dollar ($1.00) for each
18	duplicate of the license, which fees are paid into the state treasury.
19	(d) The license expires one year from its date and is good throughout the state as a state
20	license, and only one license is required for all cars or airplanes, but a license issued to any
21	company or person operating passenger-carrying marine vessels in this state shall authorize the
22	sale of beverages only in the passenger-carrying marine vessel designated and no further license
23	shall be required or tax levied by any city or town for the privilege of selling beverages for
24	consumption in those cars or on those vessels or in those airplanes. Each licensed dining car
25	company, sleeping car company, and railroad car company shall keep a duplicate of the license
26	posted in each car where beverages are sold. The department shall issue duplicates of the license
27	from time to time upon the request of any licensed company upon the payment of the fee of one
28	dollar ($1.00).
29	SECTION 5. Sections 5-10-16 and 5-10-33 of General Laws in Chapter 5-10 entitled
30	“Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians” are hereby repealed.
31	5-10-16. Application of zoning laws.
32	The practice of barbering, manicuring and/or hairdressing, and cosmetic therapy shall be
33	considered a business under the zoning laws of the several cities and towns, and licenses are
34	issued only in compliance with the zoning laws of the city or town in which the shop, place of
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1	business, or establishment is located.
2	5-10-33. Payment of fees.
3	All fees that are required to be paid under the provisions of this chapter shall be paid to
4	the department of health and deposited as general revenues.
5	SECTION 6. Sections 5-10-1, 5-10-2, 5-10-4, 5-10-8, 5-10-9, 5-10-9.1, 5-10-10, 5-10-11,
6	5-10-15, 5-10-23, 5-10-25, 5-10-28, 5-10-32, and 5-10-39 of the General Laws in Chapter 5-10-
7	entitled “Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians” are hereby amended
8	to read as follows:
9	5-10-1. Definitions.
10	The following words and phrases, when used in this chapter, are construed as follows:
11	(1) "Apprentice barber" means an employee whose principal occupation is service with a
12	barber who has held a current license as a barber for at least three (3) years with a view to
13	learning the art of barbering, as defined in subdivision (15) of this section.
14	(2) "Barber" means any person who shaves or trims the beard; waves, dresses, singes,
15	shampoos, or dyes the hair; or applies hair tonics, cosmetic preparations, antiseptics, powders, oil
16	clays, or lotions to scalp, face, or neck of any person; or cuts the hair of any person; gives facial
17	and scalp massages; or treatments with oils, creams, lotions, or other preparations.
18	(3) "Board" means the state board of barbering and hairdressing as provided for in this
19	chapter.
20	(4) "Department" means the Rhode Island department of health business regulation.
21	(5) "Division" means the division of professional regulation commercial licensing within
22	the department of health business regulation.
23	(6) "Esthetician" means a person who engages in the practice of esthetics, and is licensed
24	as an esthetician.
25	(7) "Esthetician shop" means a shop licensed under this chapter to do esthetics of any
26	person.
27	(8) "Esthetics" means the practice of cleansing, stimulating, manipulating, and
28	beautifying skin, including, but not limited to, the treatment of such skin problems as
29	dehydration, temporary capillary dilation, excessive oiliness, and clogged pores.
30	(9) "Hair design shop" means a shop licensed under this chapter to do barbering or
31	hairdressing/cosmetology, or both, to any person.
32	(10) "Hairdresser and cosmetician" means any person who arranges, dresses, curls, cuts,
33	waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any person,
34	either with or without compensation, or who, by the use of the hands or appliances, or of cosmetic
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1	preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or without
2	compensation, in massaging, cleansing, stimulating, manipulating, exercising, or beautifying, or
3	in doing similar work upon the neck, face, or arms, or who removes superfluous hair from the
4	body of any person.
5	(11) "Instructor" means any person licensed as an instructor under the provisions of this
6	chapter.
7	(12) "Manicuring shop" means a shop licensed under this chapter to do manicuring only
8	on the nails of any person.
9	(13) "Manicurist" means any person who engages in manicuring for compensationand is
10	duly licensed as a manicurist.
11	(14) "School" means a school approved under chapter 40 of title 16, as amended, devoted
12	to the instruction in, and study of, the theory and practice of barbering, hairdressing, and cosmetic
13	therapy, esthetics, and/or manicuring.
14	(15) "The practice of barbering" means the engaging by any licensed barber in all, or any
15	combination of, the following practices: shaving or trimming the beard or cutting the hair; giving
16	facial and scalp massages or treatments with oils, creams, lotions, or other preparations, either by
17	hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving,
18	chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying cosmetic
19	preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck.
20	(16) "The practice of hairdressing and cosmetic therapy" means the engaging by any
21	licensed hairdresser and cosmetician in any one or more of the following practices: the
22	application of the hands or of mechanical or electrical apparatus, with or without cosmetic
23	preparations, tonics, lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate,
24	manipulate, exercise, or otherwise to improve or to beautify the scalp, face, neck, shoulders,
25	arms, bust, or upper part of the body; or the manicuring of the nails of any person; or the
26	removing of superfluous hair from the body of any person; or the arranging, dressing, curling,
27	waving, weaving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair
28	of any person.
29	(17) "The practice of manicuring" means the cutting, trimming, polishing, tinting,
30	coloring, or cleansing the nails of any person.
31	5-10-2. Creation of division of professional regulation commercial licensing and board
32	of barbering and hairdressing – Powers and duties.
33	(a) Within the department of health business regulation there is a division of professional
34	regulation commercial licensing and a board of barbering and hairdressing. The division shall:
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1	(1) Approve all written and practical examinations;
2	(2) Issue all licenses and permits subsequently provided for in this chapter;
3	(3) Serve as the sole inspector of sanitation of all establishments licensed under this
4	chapter;
5	(4) Make any rules and regulations that the division deems necessary or expedient, in
6	conformity with the provisions of this chapter and not contrary to law, for the conduct of the
7	business of barbering and hairdressing and cosmetic therapy or esthetics and manicuring, for the
8	use of appliances, apparatus, and electrical equipment and machines and the establishment of
9	sanitary requirements in all establishments and of all persons licensed under the provisions of this
10	chapter;
11	(5) Keep a register of all persons and places of business licensed under this chapter;
12	(6) Keep complete records of all persons and establishments licensed under this chapter;
13	(7) Summon witnesses and administer oaths; and
14	(8) Do all things and perform all acts necessary to enforce the provisions of this chapter.
15	(b) The board of barbering and hairdressing shall have a policy-making role in selection
16	of the examinations. Subsequent to the administration of the examination, the board of examiners
17	shall review the examinations to evaluate their effectiveness. The board shall supervise the
18	operations of provide the division of professional regulation commercial licensing in an advisory
19	capacity advice in promulgating any policy that is necessary to improve the operations of the
20	division in their areas of expertise. The promulgation of that policy is subject to the approval of
21	the director of the department. Members of the board are subject to the provisions of chapter 14
22	of title 36.
23	5-10-4. Board of barbering and hairdressing – Compensation of members.
24	No member of the board shall be compensated for his or her services for attendance at
25	meetings of the board, attendance at examinations, but shall be reimbursed by the department of
26	health business regulation for his or her traveling and other expenses incurred in the performance
27	of his or her duties provided in this chapter.
28	5-10-8. Issuance of licenses – Qualifications of applicants.
29	(a) The division shall issue licenses to persons engaged in, or desiring to engage in, the
30	practice of barbering, hairdressing and cosmetic therapy and/or manicuring or esthetics and for
31	instructing in any approved school of barbering or hairdressing and cosmetic therapy and
32	manicuring or esthetics; provided, that no license shall be issued to any person under this chapter
33	unless the applicant for the license:
34	(1) Is at least eighteen (18) years of age;
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1	(2) Is a citizen of the United States of America or has legal entry into the country;
2	(3) Is of good moral character;
3	(4) Is a high school graduate or holds the equivalent or has twenty-five (25) or more years
4	of prior experience in the practice for which the license is sought;
5	(5) Has satisfactorily completed the course of instruction in an approved school of
6	barbering, hairdressing and cosmetic therapy and/or manicuring or esthetics;
7	(6) Has satisfactorily passed a written and a practical examination approved by the
8	division to determine the fitness of the applicant to receive a license; and
9	(7) Has complied with § 5-10-10 and any other qualifications that the division prescribes
10	by regulation.
11	(b) Notwithstanding the provision of subdivision (a)(4), on and after July 1, 1997, an
12	applicant seeking licensure as a barber must be a high school graduate or hold the equivalent
13	combination of education and experience.
14	(c) The division may license, on a case-by-case basis, with or without examination, any
15	individual who has been licensed as an esthetician, barber, cosmetologist, electrologist or
16	manicurist under the laws of another state, which, in the opinion of the division, maintains a
17	standard substantially equivalent to that of the state of Rhode Island.
18	5-10-9. Classes of licenses.
19	Licenses shall be divided into the following classes and shall be issued by the division to
20	applicants for the licenses who have qualified for each class of license:
21	(1) A "hairdresser's and cosmetician's license" shall be issued by the division to every
22	applicant for the license who meets the requirements of § 5-10-8 and has completed a course of
23	instruction in hairdressing and cosmetology consisting of not less than fifteen hundred (1,500)
24	twelve hundred (1,200) hours of continuous study and practice.
25	(2) An "instructor's license" shall be granted by the division to any applicant for the
26	license who has held a hairdresser's and cosmetician's license, a barber's license, a manicurist's
27	license, or an esthetician's license, issued under the laws of this state or another state, for at least
28	the three (3) years preceding the date of application for an instructor's license and:
29	(i) Meets the requirements of § 5-10-8;
30	(ii) Has satisfactorily completed three hundred (300) hours of instruction in hairdressing
31	and cosmetology, barber, manicurist, or esthetician teacher training approved by the division as
32	prescribed by regulation;
33	(iii) Has satisfactorily passed a written and a practical examination approved by the
34	division to determine the fitness of the applicant to receive an instructor's license;
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1	(iv) Has complied with § 5-10-10; and
2	(v) Has complied with any other qualifications that the division prescribes by regulation.
3	(3) A "manicurist license" shall be granted to any applicant for the license who meets the
4	following qualifications:
5	(i) Meets the requirements of § 5-10-8; and
6	(ii) Has completed a course of instruction, consisting of not less than three hundred (300)
7	hours of professional training in manicuring, in an approved school.
8	(4) An "esthetician license" shall be granted to any applicant for the license who meets
9	the following qualifications:
10	(i) Meets the requirements of § 5-10-8;
11	(ii) Has completed a course of instruction in esthetics, consisting of not less than six
12	hundred (600) hours of continuous study and practice over a period of not less than four (4)
13	months, in an approved school of hairdressing and cosmetology; and
14	(iii) Any applicant who holds a diploma or certificate from a skin-care school, that is
15	recognized as a skin-care school by the state or nation in which it is located, and meets the
16	requirements of paragraph (i) of this subdivision (i), shall be granted a license to practice
17	esthetics; provided, that the skin-care school has a requirement that, in order to graduate from the
18	school, a student must have completed a number of hours of instruction in the practice of skin
19	care, which number is at least equal to the number of hours of instruction required by the
20	division.
21	(5) A "barber" license shall be issued by the division to every applicant for the license
22	who meets the requirements of § 5-10-8 and:
23	(i) Has completed a course of instruction in barbering consisting of not less than one
24	thousand five hundred (1,500) hours of continuous study and practice in an approved school;
25	(ii) Has possessed, for at least two (2) years prior to the filing of the application, a
26	certificate of registration in full force and effect from the department of health of the state
27	specifying that person as a registered, apprentice barber, and the application of that applicant is
28	accompanied by an affidavit, or affidavits, from his or her employer, or former employers, or
29	other reasonably satisfactory evidence showing that the applicant has been actually engaged in
30	barbering as an apprentice barber in the state during those two (2) years; or
31	(iii) A combination of barber school training and apprenticeship training as determined
32	by the rules and regulations prescribed by the division.
33	5-10-9.1. License portability.
34	Notwithstanding any general law, special law, public law, or rule or regulation to the
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1	contrary, any licensed barber, hairdresser, cosmetician, manicurist, or esthetician who operates as
2	an independent contractor at any "hair-design shop" licensed pursuant to § 5-10-15, shall be
3	permitted to relocate, without obtaining a new license, to another licensed, hair-design shop once
4	during the term of their one-year license issued by the department of health business regulation.
5	5-10-10. Application form – Fee – Expiration and renewal of licenses – Fees.
6	(a) Applications for licenses under § 5-10-9 shall be made upon any forms that are
7	prescribed by the division and are accompanied by an application fee established in regulation.
8	The license of every person licensed under §§ 5-10-8 and 5-10-9 shall expire on the thirtieth
9	(30th) day of October of every other year following the date of license. This is determined on an
10	odd-even basis. On or before the first day of September of every year, the administrator of
11	professional regulation department shall mail an application for provide notice of renewal of
12	license to people scheduled to be licensed that year on an odd or even basis as to the license
13	number. Every person who wishes to renew his or her license must file with the administrator of
14	professional regulation department a renewal application duly executed together with the renewal
15	fee as set forth in § 23-1-54 by the department. Applications, accompanied by the fee for renewal,
16	shall be filed with the division on or before the fifteenth (15th) day of October in each renewal
17	year. Upon receipt of the application and fee, the administrator of professional regulation
18	department shall grant a renewal license effective October 1st and expiring two (2) years later on
19	September 30th.
20	(b) Every person who fails to renew his or her license on or before September 30th
21	following the date of issuance as provided in subsection (a) of this section may be reinstated by
22	the division upon payment of the current renewal fee and a late fee as set forth in § 23-1-54 by the
23	department.
24	(c) The license shall be on the person at all times while performing the services for which
25	they are licensed.
26	5-10-11. Persons licensed in other states.
27	(a) Any person licensed to practice barbering, hairdressing, and cosmetic therapy and/or
28	manicuring or esthetics in another state where the requirements are the equivalent of those of this
29	state is entitled to a license as a barber, hairdresser, and cosmetician and/or manicurist or
30	esthetician operator upon the acceptance of his or her credentials by the division; provided, that
31	the state in which that person is licensed extends a similar privilege to licensed barbers,
32	hairdressers, and cosmetic therapists and/or manicurists or esthetics of this state. If a person
33	applies for a hairdressing license who was licensed in another state where the requirements are
34	not equivalent to those of this state, the division shall give to that person one hundred (100) hours
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1	instructional credit for three (3) months that the person was licensed and in actual practice, up to a
2	limit of five hundred (500) hours, in order for that person to meet the requirements for a
3	hairdressing license in this state as established under the provisions of §§ 5-10-8 and 5-10-9.
4	(b) If a person applies for a manicurist or esthetician license and is currently licensed in
5	another state, that person may be granted a license if he or she passes the written and practical
6	examinations conducted by the division.
7	(c) The fee for the application is as set forth in § 23-1-54 by the department; provided,
8	that the provisions of this chapter shall not be construed as preventing persons who have been
9	licensed by examination under the laws of other states of the United States or territories and the
10	District of Columbia from practicing barbering, hairdressing, and cosmetic therapy and/or
11	manicuring or esthetics in this state for a period of three (3) months; provided, that they apply for
12	and are licensed in this state within three (3) months from the commencement of their
13	employment. Nor shall it be construed as prohibiting persons who have been licensed under the
14	laws of another country or territory from practicing barbering, hairdressing, and cosmetic therapy
15	and/or manicuring or esthetics in this state; provided, that practice is in conformity with the rules
16	and regulations of the division; and provided, that in no case shall that practice cover a period of
17	more than three (3) months from the commencement of that employment.
18	5-10-15. Licensing of shops.
19	(a) No shop, place of business or establishment shall be opened or conducted within the
20	state by any person, association, partnership, corporation, or otherwise for the practice of
21	barbering, manicuring and/or hairdressing and cosmetic therapy or esthetics until the time that
22	application for a license to operate that shop, place of business or establishment for the practice of
23	manicuring and/or hairdressing and cosmetic therapy or esthetics is made, to the division, in the
24	manner and on the forms that it prescribes, and a license, under the terms and conditions, not
25	contrary to law, that the division requires shall be granted for it and a license issued.
26	(1) No licenses shall be granted to any shop, place of business, or establishment for the
27	practice of hairdressing and cosmetic therapy unless the proprietor or a supervising manager in
28	the practice of barbering, hairdressing and cosmetic therapy, of the shop, place of business, or
29	establishment is licensed and has been licensed as a licensed barber or hairdresser and
30	cosmetician for a period of at least one year immediately prior to the filing of the application for
31	the license.
32	(2) No license shall be granted to any shop, place of business, or establishment for the
33	practice of manicuring or esthetics unless the proprietor or a supervising manager of the
34	proprietor is licensed and has been licensed as a licensed barber, hairdresser and cosmetician,
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1	manicurist or esthetician for a period of at least one year immediately prior to the filing of the
2	application for the license.
3	(3) The supervising manager shall be registered with the division as the manager of a
4	licensed shop and shall only be registered to manage one shop at a time. The proprietor of the
5	licensed shop and the manager shall notify the division, in writing, within ten (10) days upon the
6	termination of employment as the manager of the licensed shop. The license of the shop shall
7	expire forty-five (45) days after the division is notified by the proprietor if no new manager is
8	registered with the division as the supervising manager of the shop.
9	(b) All licenses issued under this section shall terminate on the first day of July following
10	the date of issue. The fee for the license is as set forth in § 23-1-54 by the department.
11	5-10-23. Fixed place of business.
12	(a) Except as provided in this section, manicuring, esthetics, barbering and/or
13	hairdressing and cosmetic therapy, as defined in this chapter, shall be practiced only in a shop
14	licensed under § 5-10-15. Nothing contained in this chapter shall be construed to prohibit the
15	practice of barbering, manicuring, and hairdressing and cosmetic therapy and esthetics in the
16	same shop or place of business.
17	(b) Nothing in this section shall restrict a hairdresser licensed pursuant to this chapter,
18	operating in a licensed nursing service agency, from providing services to an individual who is
19	homebound at their home. For purposes of this section, "homebound" is defined as any person
20	who is considered housebound for purpose of federal Medicare eligibility.
21	(c) Nothing in this section shall restrict any person licensed pursuant to this chapter from
22	providing services to an individual who is homebound at their home as verified by a licensed
23	health care professional.
24	(d) Nothing in this section shall restrict or prohibit any person licensed pursuant to this
25	chapter from providing services to an individual residing in any Department of Housing and
26	Urban Development (H.U.D.) recognized housing for the elderly in the H.U.D. recognized
27	housing in which the individual resides. Those services shall be provided in a separate room
28	inspected by the department of health business regulation. Students enrolled in programs of
29	hairdressing, barbering and/or cosmetology are prohibited in H.U.D. recognized housing.
30	(e) Nothing in this section shall restrict or prohibit any person licensed pursuant to this
31	chapter from providing services to an individual outside a licensed shop as part of a special
32	occasion event, such as a wedding or prom, so long as those services are limited to hair styling
33	and makeup, and the health and sanitation standards expected of licensees in licensed shops are
34	followed.
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1	5-10-25. Inspection powers of the division – Denial of access.
2	Any person employed, authorized and empowered by the division of professional
3	regulation may enter any shop, place of business, or establishment licensed under the provisions
4	of this chapter during the hours the shop, place of business, establishment, or school of barbering,
5	manicuring, or hairdressing and cosmetic therapy is open for business, for the purpose of
6	inspecting its sanitary conditions and ascertaining if the provisions of this chapter and the rules
7	and regulations for the practice of barbering, hairdressing, and cosmetic therapy as established by
8	the division are being observed in the operation of that shop or place of business, and failure or
9	refusal of the person in charge of that shop, place of business, establishment, or school to permit
10	inspection at all reasonable times is deemed sufficient cause for the revocation of any license
11	issued to that shop, place of business, or establishment and any certificate of approval issued by
12	the division.
13	5-10-28. Appeals.
14	Any person aggrieved by any decision or ruling of the division may appeal it to the
15	administrator of the division or his or her designee. A further appeal may then be made to the
16	appropriate board of examiners. Any person aggrieved by any decision or ruling of the board may
17	appeal it to the director of the department. Any further appeal from the action of the director is in
18	accordance with the provisions of chapter 35 of title 42. For the purpose of this section the
19	division is considered a person.
20	5-10-32. Enforcement of chapter – Annual reports.
21	The division is specifically charged with the enforcement of this chapter, shall investigate
22	all complaints for violations of the provisions of this chapter, and shall hold a hearing upon any
23	complaint for any violation of the chapter within thirty (30) days after the filing of the complaint
24	and render a decision, in writing, within ten (10) days from the close of the hearing. If the
25	division finds that any of the provisions of this chapter have been violated, it shall immediately
26	institute any criminal prosecution that the violation warrants.
27	5-10-39. Demonstrator's permit.
28	The division may, in its discretion, issue to any person recognized by the division as an
29	authority on, or an expert in, the theory or practice of barbering, hairdressing, and cosmetic
30	therapy and/or manicuring or esthetics, and is the holder of a current esthetician's, manicurist's or
31	a barber's, hairdresser's, and cosmetician's license in this state, another state, or the District of
32	Columbia, a demonstrator's permit for not more than six (6) days' duration for educational and
33	instructive demonstrations; provided, that the permit shall not be used in the sense of a license to
34	practice barbering, manicuring, esthetics, or hairdressing and cosmetic therapy. The fee for the
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1	permit is as set forth in § 23-1-54 by the department.
2	SECTION 7. Section 5-25-10 of the General Laws in Chapter 5-25 entitled “Veterinary
3	Practice” is hereby amended to read as follows:
4	5-25-10. Qualifications for licensure.
5	Any applicant for licensure shall submit to the department written evidence on forms
6	furnished by the department verified by oath that the applicant meets all of the following
7	requirements:
8	(1) Is a graduate of a school or college of veterinary medicine recognized and accredited
9	by the American Veterinary Medical Association and by the department or certification by the
10	Educational Council for Foreign Veterinary Graduates;
11	(2) Pays an application fee as set forth in § 23-1-54 at the time of submitting the
12	application, which, in no case is returned to the applicant;
13	(3) Is of good moral character, evidenced in the manner prescribed by the department;
14	and
15	(4) Complies with any other qualifications that the department prescribes by regulation;
16	and
17	(5) Comply with the continuing education requirements adopted by the department.
18	SECTION 8. Section 5-30-6 of the General Laws in Chapter 5-30 entitled “Chiropractic
19	Physicians” is hereby amended to read as follows:
20	5-30-6. Qualifications and examinations of applicants.
21	Every person desiring to begin the practice of chiropractic medicine, except as provided
22	in this chapter, shall present satisfactory evidence to the division of professional regulation of the
23	department of health, verified by oath, that he or she is more than twenty-three (23) years of age,
24	of good moral character, and that before he or she commenced the study of chiropractic medicine
25	had satisfactorily completed credit courses equal to four (4) years of pre-professional study
26	acceptable by an accredited academic college and obtained a bachelor of science or bachelor of
27	arts degree and subsequently graduated from a school or college of chiropractic medicine
28	approved by the division of professional regulation of the department of health, and has
29	completed a residential course of at least four (4) years, each year consisting of at least nine (9)
30	months study. Any qualified applicant shall take an examination before the state board of
31	chiropractic examiners to determine his or her qualifications to practice chiropractic medicine.
32	Every applicant for an examination shall pay a fee as set forth in § 23-1-54 for the examination to
33	the division of professional regulation. Every candidate who passes the examination shall be
34	recommended by the division of professional regulation of the department of health to the
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1	director of the department of health to receive a certificate of qualification to practice chiropractic
2	medicine.
3	SECTION 9. Sections 5-26-2 and 5-26-3 of the General Laws in Chapter 5-26 entitled
4	“Division of Profession Regulation” are hereby amended to read as follows:
5	5-26-2. Boards of examiners appointed by director of health.
6	The director of health, with the approval of the governor, shall also appoint to the
7	division of professional regulation a board of nursing registration and education as provided by
8	chapter 34 of this title, and a board of examiners of each of the following arts, practices, sciences,
9	or callings: barbering, podiatry, chiropractic, (except as provided in § 5-30-1.1) psychology,
10	optometry, electrolysis, and physical therapy; and a board of five (5) examiners in speech
11	pathology, audiology, and embalming. Those boards shall perform the duties prescribed by
12	chapters 10, 29, 30, (except as provided in § 5-30-1.1), 32, 33, 34, 35, 40, and 44, and 48 of this
13	title.
14	5-26-3. Qualifications of examiners.
15	The examiners appointed for each specific art, practice, science, or calling referred to in §
16	5-26-2 shall be persons competent to give those examinations and shall be appointed from
17	persons licensed to practice such an art, practice, science, or calling in this state, except that one
18	member of each of the chiropractic, and electrolysis boards shall be a physician licensed to
19	practice medicine in the state.
20	SECTION 10. Sections 5-32-2, 5-32-3, 5-32-4, 5-32-6, 5-32-7, 5-32-9, 5-32-11, 5-32-12,
21	5-32-13, 5-32-19 and 5-32-20 of the General Laws in Chapter 5-32 entitled “Electrolysis” are
22	hereby amended to read as follows:
23	5-32-2. Penalty for unlicensed practice.
24	Every person who subsequently engages in the practice of electrolysis in this state
25	without being licensed by the board of examiners in electrolysis is practicing illegally and, upon
26	conviction, shall be fined not more than twenty-five dollars ($25.00) and every day of the
27	continuation of illegal practice is a separate offense violation.
28	5-32-3. Certificates – Applications – Penalty for violations.
29	The division of professional regulation commercial licensing of the department of health
30	business regulation shall issue certificates to practice electrolysis, as defined in this chapter, to
31	any persons that comply with the provisions of this chapter. Any person who desires to engage in
32	that practice shall submit, in writing, in any form that is required by the board department, an
33	application for a certificate to engage in that practice. The application shall be accompanied by a
34	fee as set forth in § 23-1-54 by the department of business regulation. Any person, firm,
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1	corporation or association violating any of the provisions of this chapter commits a misdemeanor
2	and, upon conviction, shall be punished by a fine not to exceed two hundred dollars ($200), or
3	imprisoned for a period not to exceed three (3) months, or both the fine and imprisonment.
4	5-32-4. Qualifications of applicants.
5	Licenses to engage in the practice of electrolysis shall be issued to the applicants who
6	comply with the following requirements:
7	(1) Are citizens or legal residents of the United States.
8	(2) Have attained the age of eighteen (18) years.
9	(3) Have graduated from a high school or whose education is the equivalent of a high
10	school education.
11	(4) Have satisfactorily completed a course of training and study in electrolysis, as a
12	registered apprentice under the supervision of a licensed Rhode Island electrologist who is
13	qualified to teach electrolysis to apprentices as prescribed in § 5-32-20, or has graduated from a
14	school of electrolysis after having satisfactorily completed a program consisting of not less than
15	six hundred fifty (650) hours of study and practice in the theory and practical application of
16	electrolysis. That apprenticeship includes at least six hundred and fifty (650) hours of study and
17	practice in the theory and practical application of electrolysis within a term of nine (9) months;
18	provided, that the apprentice registers with the division of professional regulation of the
19	department of health upon beginning his or her course of instruction, and the licensed person with
20	whom they serve that apprenticeship keeps a record of the hours of that instruction, and, upon the
21	completion of that apprenticeship, certifies that fact to the board of examiners in electrolysis.
22	(5) Is of good moral character.
23	(6) Passes an examination approved by the department of health Business Regulation.
24	5-32-6. Examination of applicants – Expiration and renewal of certificates.
25	(a) Examination of applicants for certificates shall be held at least twice a year in the city
26	of Providence and may be held elsewhere at the discretion of the division of professional
27	regulation commercial licensing of the department of health business regulation. The division has
28	the power to adopt, change, alter and amend, rules and regulations for the conducting of those
29	examinations, and may fix the fee for reexamination. The division shall issue to each person
30	successfully passing the examination, where an examination is required, and who satisfies the
31	division of his or her qualifications, a certificate, signed by the administrator an authorized person
32	of the division, entitling him or her to practice that business in this state for the annual period
33	stated in the certificate, or until the certificate is revoked or suspended, as subsequently provided.
34	(b) All certificates shall expire on the 30th day of April of each year, unless sooner
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1	suspended or revoked, and shall be renewed for the next ensuing year by the division upon
2	payment to the division of an annual renewal fee as set forth in § 23-1-54 by the department for
3	each renewal.
4	5-32-7. Certification of licensees from other states.
5	Any person licensed to practice electrolysis in any other state or states, who is, or in good
6	faith intends to become, a resident of this state, where the requirements are the equivalent of those
7	of this state and who meets the requirements of this chapter shall be entitled to take that
8	examination and, if he or she passes that examination, shall be, upon the payment of a fee as set
9	forth in § 23-1-54 by the department of business regulation, entitled to be licensed under the
10	provisions of this chapter.
11	5-32-9. Fixed place of business – Sanitary regulation.
12	The practice of electrolysis shall be engaged in only in a fixed place or establishment,
13	which place or establishment shall be provided with any instruments, implements, and equipment
14	and subject to any sanitary regulation and inspection that the division of professional regulation
15	commercial licensing of the department of health business regulation prescribes.
16	5-32-11. Display of licenses – Revocation or suspension of licenses for gross
17	unprofessional misconduct.
18	(a) Every license issued under this chapter shall specify the name of the person to whom
19	it was issued and shall be displayed prominently in the place of business or employment. The
20	division of professional regulation commercial licensing of the department of health business
21	regulation has the power to revoke or suspend any license of registration issued under this chapter
22	for gross unprofessional conduct. Gross unprofessional conduct is defined as including, but not
23	limited to:
24	(1) The use of any false or fraudulent statement in any document connected with the
25	practice of electrolysis.
26	(2) The obtaining of any fee by fraud or misrepresentation either to a patient or insurance
27	plan.
28	(3) The violation of a privileged communication.
29	(4) Knowingly performing any act which in any way aids or assists an unlicensed person
30	to practice electrolysis in violation of this chapter.
31	(5) The practice of electrolysis under a false or assumed name.
32	(6) The advertising for the practice of electrolysis in a deceptive or unethical manner.
33	(7) Habitual intoxication or addiction to the use of drugs to the extent it impairs the
34	licensee’s ability to engage in the practice of his or her profession.
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1	(8) Violations of any of the rules or regulations of the state department of health business
2	regulation, or the violation of any section of this chapter.
3	(9) Gross incompetence in the practice of his or her profession.
4	(10) Repeated acts of immorality or repeated acts of gross misconduct in the practice of
5	his or her profession.
6	(b) Before any license is suspended or revoked, its holder shall be notified, in writing, of
7	the charge or charges preferred against him or her and shall have a reasonable time to prepare his
8	or her defense and has the right to be represented by counsel and to be heard and to present his or
9	her defense and afforded an opportunity for hearing in accordance with the Administrative
10	Procedures Act, chapter 35 of title 42. Any person whose license has been suspended or revoked
11	may apply to have the license reissued and the license may be reissued to him or her upon a
12	satisfactory showing that the cause for disqualification has ceased. The division of professional
13	regulation commercial licensing of the department of health business regulation has power by its
14	administrator to summon any person to appear as a witness and testify at any hearing of the
15	division, to examine witnesses, administer oaths and punish for contempt any person refusing to
16	appear or testify. The division shall serve provide a copy of its decision or ruling upon any person
17	whose license has been revoked or refused.
18	5-32-12. Appeals from division.
19	Any person aggrieved by any decision or ruling of the division of professional regulation
20	commercial licensing of the department of health business regulation may appeal that decision to
21	the superior court in the manner provided in the Administrative Procedures Act, chapter 35 of
22	title 42.
23	5-32-13. Annual renewal of certificates.
24	All certificates issued under the provisions of this chapter shall be renewed annually by
25	the holders of the certificate at an annual renewal fee as set forth in § 23-1-54 by the division of
26	professional regulation of the department of health.
27	5-32-19. Apprenticeship register.
28	The division of professional regulation commercial licensing of the department of health
29	business regulation shall keep a register in which record of the names of all persons serving
30	apprenticeships licensed under this chapter shall be recorded. This register is open to public
31	inspection.
32	5-32-20. Qualifications for teaching electrolysis.
33	(a) A person, in order to qualify as an instructor or teacher of electrolysis to apprentices,
34	must:
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1	(1) Have been actively engaged as a licensed practitioner of electrolysis for at least five
2	(5) years.
3	(2) Pass a state board examination specifically designed to evaluate his or her
4	qualifications to teach electrolysis.
5	(3) Be a high school graduate or the equivalent.
6	(b) Upon satisfactorily passing this examination, the division of professional regulation
7	commercial licensing of the department of health business regulation shall issue a license to the
8	person upon the payment of a fee as set forth in § 23-1-54 by the department.
9	(c) A qualified licensed electrologist shall not register more than one apprentice for each
10	nine-month (9) training period.
11	SECTION 11. Sections 5-33.2-1, 5-33.2-2, 5-33.2-3, 5-33.2-5, 5-33.2-12, 5-33.2-13, 5-
12	33.2-13.1, 5-33.2-13.2, 5-33.2-15, 5-33.2-16, 5-33.2-18, 5-33.2-19, 5-33.2-20 and 5-33.2-22 of
13	the General Laws in Chapter 5-33.2 entitled “Funeral Director/Embalmer Funeral Service
14	Establishments” are hereby amended to read as follows:
15	5-33.2-1. Definitions.
16	As used in this chapter:
17	(1) "Board" means the state board of funeral directors/embalmers.
18	(2) "Cremation" means a two (2) part procedure where a dead human body or body parts
19	are reduced by direct flames to residue which includes bone fragments and the pulverization of
20	the bone fragments to a coarse powdery consistency.
21	(3) "Department" means the Rhode Island department of health business regulation.
22	(4) "Division" means the division of professional regulation commercial licensing created
23	under chapter 26 of this title.
24	(5) "Embalmer" means any person who has completed an internship, full course of study
25	at an accredited mortuary science school, has passed the national board examination and is
26	engaged in the practice or profession of embalming, as defined in this section.
27	(6) "Embalming" means the practice, science or profession of preserving, disinfecting,
28	and preparing in any manner, dead human bodies for burial, cremation or transportation.
29	(7) "Funeral" means a period following death in which there are religious services or
30	other rites or ceremonies with the body of the deceased present.
31	(8)(i) "Funeral directing" means:
32	(A) Conducting funeral services; or
33	(B) The arrangement for disposition of dead human bodies, except in the case of any
34	religion where the preparation of the body or the provision of funeral services should be done
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1	according to religious custom or belief.
2	(ii) Only funeral directors/embalmers, working for a licensed funeral establishment are
3	allowed to meet with families for the purpose of arranging funerals. Provided, that any person
4	who assumed an ownership interest from their spouse or any widow or widower of a licensed
5	funeral director who at the time of November 1, 1995 has been meeting with families to arrange
6	for the conducting of funeral services are allowed to continue this practice.
7	(9) "Funeral director/embalmer" means any person engaged, or holding himself or herself
8	out as engaged in the practice or profession of funeral directing, and the science, practice or
9	profession of embalming as previously defined, including a funeral director of record, who may
10	be a funeral director at more than one establishment or any other word or title intending to imply
11	or designate him or her as a funeral director/embalmer, undertaker, or mortician. The holder of
12	this license must be the holder of an embalmer's license.
13	(10) "Funeral director/embalmer intern" means any person engaged in learning the
14	practice, or profession of funeral directing and the science, practice or profession of embalming
15	under the instruction and supervision of a funeral director/embalmer licensed and registered under
16	the provisions of this chapter and actively engaged in the practice, or profession of funeral
17	directing and embalming in this state.
18	(11) "Funeral establishment" means a fixed place, establishment or premises, licensed by
19	the department, devoted to the activities which are incident, convenient, or related to the care and
20	preparation, arrangement, financial and otherwise, for the funeral, transportation, burial or other
21	disposition of human dead bodies and including, but not limited to, a suitable room with all
22	instruments and supplies used for the storage and/or preparation of dead human bodies for burial
23	or other disposition.
24	(12) "Funeral merchandise" means those items which are normally presented for sale as
25	part of the funeral home operation on a for profit basis. These items include caskets, sealed
26	warranted outer burial containers, and burial clothing. Not included are urns, grave markers, and
27	non-sealed outer burial containers. All persons engaged in the sale of funeral merchandise must
28	comply with the provisions of chapter 33 of this title.
29	(13) "Person" includes individuals, partnership, corporations, limited liability companies,
30	associations and organization of all kinds.
31	(14) "Practice of funeral service" means a person engaging in providing shelter, care and
32	custody of human dead remains; in the practice of preparing of the human dead remains by
33	embalming or other methods for burial or other disposition; in entering into a funeral service
34	contract; engaging in the functions of funeral directing and/or embalming as presently known
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1	including those stipulated within this chapter and as defined in the federal trade commission
2	"funeral rule". The practice of conducting funeral services is conducted in the presence of a
3	licensed funeral director/embalmer.
4	5-33.2-2. Board of examiners – Qualifications and removal of members – Vacancies.
5	(a) The members of the board of examiners in embalming shall be residents of this state
6	for at least five (5) years; three (3) of whom shall have had at least five (5) years' practical
7	experience in embalming dead human bodies and in funeral directing, and shall have been
8	actually engaged in these professions in this state and two (2) of whom shall be private citizens
9	who represent the consumer and who are not involved with or affiliated with, financial or
10	otherwise, any funeral establishment and/or funeral director/embalmer. The current members
11	shall serve their present term as they fulfill the requirements of this section. No member shall
12	serve more than two (2) consecutive terms.
13	(b) The director of the department of health business regulation may remove any member
14	of the board for cause. Vacancies are filled pursuant to § 5-26-4 by the director of the department.
15	5-33.2-3. Rules and regulations.
16	The director of the department of health business regulation has the power to adopt any
17	rules and regulations not inconsistent with law, which he or she deems necessary, in carrying out
18	the purposes of this chapter and for the prevention of and transmission of disease.
19	5-33.2-5. Application for license – Application fee.
20	Any person who desires to engage in embalming or funeral directing, or both, shall
21	submit, in writing, to the division of professional regulation, an application for a license. That
22	application shall be accompanied by a fee set by the department of health business regulation.
23	5-33.2-12. Funeral establishment and branch offices licenses.
24	(a) No person, association, partnership, corporation, limited liability company or
25	otherwise, shall conduct, maintain, manage, or operate a funeral establishment or branch office
26	unless a license for each funeral establishment and branch office has been issued by the
27	department and is conspicuously displayed. In the case of funeral services conducted under the
28	license of a funeral establishment held in any private residence, public building or church, no
29	separate establishment license shall be required. A licensed funeral establishment must be distinct
30	and separate from other non- funeral service related activity for which it is licensed. No license to
31	operate a funeral establishment shall be issued by the department unless the applicant for the
32	funeral establishment license has registered with the department a licensed funeral
33	director/embalmer who shall be in charge as the funeral director of record. The branch office of a
34	funeral establishment must have a separate branch office establishment license but not a separate
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1	funeral director of record. One branch office shall be allowed to operate under the funeral
2	establishment license, and this one branch office may be permitted to operate without a
3	preparation room. Applications for the funeral establishment license and branch office shall be
4	made on forms furnished by the division accompanied by the application fees as set forth in § 23-
5	1-54 by the department. Upon receipt of a completed application and the recommendation of the
6	board, the division shall issue a license. All funeral establishment and branch office licenses shall
7	expire on the thirty-first day of December of each year, unless sooner suspended or revoked. A
8	license shall be issued to a specific licensee for a specific location and is not transferable. The
9	funeral establishment licensee shall notify the division, in writing, delivered in person or by
10	certified mail, within ten (10) days from the date of termination of employment, for any cause, of
11	the funeral director/embalmer of record with the division for the funeral establishment. The
12	license of the funeral establishment shall expire forty-five (45) days from the date the division
13	was notified by the licensee, if no new funeral director/embalmer is registered with the division.
14	No funeral services shall be conducted at the funeral establishment without a funeral
15	director/embalmer being registered with the division as the funeral director of record for that
16	funeral establishment. Two (2) licensed funeral directors may operate jointly at one location if
17	one of their existing funeral establishments closes its place of business and joins an existing
18	licensed funeral establishment. Each firm will hold its own separate establishment license. One
19	cannot operate a branch office by invoking this section. Human dead remains shall not be held
20	more than forty-eight (48) hours without embalming or without refrigeration for the purpose of
21	maintaining public health. A funeral establishment must at the minimum contain a preparation
22	room equipped with tile, cement, or composition floor, necessary drainage and ventilation, and
23	containing necessary instruments and supplies for the preparation and embalming of dead human
24	remains for burial, transportation, or other disposition.
25	(b) Any person who inherits any ownership interest to a funeral establishment may
26	continue to conduct the business of that establishment as their ownership interest would allow
27	upon the following:
28	(1) Filing with the division a statement of change of fact concerning that inheritance.
29	(2) Conducting the business of the establishment in compliance with all the requirements
30	of this chapter.
31	5-33.2-13. Funeral establishment and branch officer – Crematories – Inspections –
32	Denial of access.
33	(a) Any licensed funeral director/embalmer employed, authorized and empowered by the
34	division of professional regulation commercial licensing may enter any funeral establishment,
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1	funeral establishment branch office or crematory licensed under the provisions of this chapter,
2	during the hours the funeral establishment, funeral establishment branch office or crematory is
3	open for business, for the purpose of inspecting the sanitary conditions, complaint investigations,
4	and ascertaining if the provisions of this chapter and the rules and regulations are being observed
5	in the operation of the funeral establishment, funeral establishment branch office or crematory.
6	The inspector may request permission from the department to be accompanied by another
7	employee of the department of health business regulation prior to an inspection. Failure or refusal
8	of the person in charge of that funeral establishment, funeral establishment branch office or
9	crematory to permit the inspection at all reasonable times shall be deemed sufficient cause for the
10	revocation of any license issued to the funeral establishment, funeral establishment branch office
11	or crematory and any certificate of approval issued by the division.
12	(b) Funeral establishments and branch offices and crematories licensed under the
13	provisions of this chapter shall be inspected at least twice once each year. Inspections shall
14	include all areas of sanitation and public health, complaint investigations, as well as conformity
15	with applicable section of this chapter and the rules and regulations.
16	5-33.2-13.1. Crematories – License and inspection.
17	No crematory owned or operated by or located on property licensed as a funeral
18	establishment or at another location or by a cemetery shall conduct cremations without first
19	having applied for and obtained a license from the department. Applications for the crematory
20	license shall be made on forms furnished by the division accompanied by the application fee as
21	set forth in § 23-1-54 by the department. Upon receipt of a completed application, the department
22	shall issue a license. A license shall be issued to a specific licensee for a specific location and is
23	not transferable. The facility and licensee shall meet all requirements as prescribed by the rules
24	and regulations established by the department, not inconsistent with this chapter.
25	5-33.2-13.2. Cremation of human remains.
26	(a)(1) Cremation shall not take place until the necessary permits and consents are issued
27	pursuant to § 23-3-18.
28	(2) A crematory shall not take custody of unidentified human remains.
29	(3) Human remains designated for cremation shall be cremated without unreasonable
30	delay.
31	(4) When the crematory is unable to cremate the human remains immediately upon taking
32	custody, the crematory shall provide a holding facility that complies with any applicable public
33	health law that preserves the dignity of the human remains.
34	(5) Holding facilities must be secure from access by all unauthorized persons;
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1	(6) A crematory shall not simultaneously cremate more than one human remain within
2	the same cremation chamber. The processing, packaging, storage and disposition of cremated
3	remains shall be as prescribed in the rules and regulations promulgated by the department of
4	health business regulation division of professional regulation commercial licensing.
5	(7) A crematory or funeral home shall be authorized to dispose of the cremated remains
6	which have been abandoned at the crematory or funeral home for more than six (6) months. All
7	reasonable attempts must be made and diligence exercised to contact the person in charge who
8	authorized the cremation.
9	(b) This section does not apply to the cremation of various body parts from different
10	human bodies
11	5-33.2-15. Annual renewal of licenses.
12	All licenses issued under the provisions of this chapter must be renewed annually by their
13	holders, who shall pay to the division a yearly renewal fee for the renewal of a funeral
14	director/embalmer's license, and additional fees for each funeral establishment branch office
15	license and for the crematory license. These fees are as set forth in § 23-1-54 by the department.
16	On or before the fifteenth day of November in each year, the division shall mail to notify each
17	licensed funeral director/embalmer and to each licensed funeral establishment, funeral
18	establishment branch office and crematory an application for the of their obligation to renewal.
19	Applications, accompanied by the fee for renewal, shall be filed with the division on or before the
20	thirty-first day of December in each year. Applications filed after the thirty-first of December and
21	on or before the fifteenth of January must be accompanied by a late fee as set forth in § 23-1-54
22	by the department for funeral director/embalmers and funeral establishments in addition to the
23	previously established renewal fees. Any funeral director/embalmer who acts or holds himself or
24	herself out as a funeral director/embalmer after his or her certificate has been lapsed shall be
25	punished as provided in this chapter. Any funeral establishment, funeral establishment branch
26	office or crematory who acts or holds itself out as a funeral establishment after its license has
27	lapsed shall be punished as provided in this chapter.
28	5-33.2-16. Funeral director/Embalmer – Internship.
29	(a) Nothing in this chapter shall be construed as prohibiting any person from serving as a
30	funeral director/embalmer intern. Before an internship begins the person desiring to become an
31	intern shall register with the division on any forms that it prescribes. No person under the age of
32	eighteen (18) years shall be permitted to register as an intern. The division may make any rules
33	and regulations that it deems advisable for the supervision of interns. All persons registering as an
34	intern shall pay a fee as set forth in § 23-1-54 by the department at the time of the registration.
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1	That intern is not permitted to advertise or hold himself or herself out to the public as a registered
2	funeral director/embalmer. The term of internship shall be not less than one year; provided, that if
3	an intern after having served his or her internship fails to pass the examination for a funeral
4	director/embalmer's license or fails to embalm fifty (50) human remains during their internship,
5	he or she may continue their internship. The total term of internship must be completed within
6	five (5) years from the date of original registration.
7	(b) The intern must have assisted in embalming at least fifty (50) bodies if the period for
8	registered internship is to be satisfied in one year. If the internship is for more than one year, the
9	applicant must embalm at least twenty-five (25) bodies for each year of their internship. Each
10	licensed funeral establishment embalming up to one hundred fifty (150) human remains per year
11	shall be allowed to register one intern at one time. Each establishment embalming more than one
12	hundred fifty (150) but less than three hundred (300) human remains per year shall be allowed to
13	register two (2) interns at one time. Each establishment embalming three hundred (300) or more
14	human remains per year shall be allowed to register three (3) interns at one time.
15	5-33.2-18. Summons of witnesses.
16	The division department has power by its administrator to summon any person to appear
17	as a witness and testify at any hearing of the division under the provisions of this chapter and to
18	examine and to administer oaths to those witnesses.
19	5-33.2-19. Appeals.
20	Any person aggrieved by any decision or ruling of the division may appeal that decision
21	to the administrator of the division or his or her designee. A further appeal may then be made to
22	the appropriate board of examiners. Any person aggrieved by any decision or ruling of that board
23	may appeal the decision to the director of the department. Any further appeal from the action of
24	the director shall be in accordance with the provisions of chapter 35 of title 42, "Administrative
25	Procedures Act." The division shall be considered a person for the purposes of this section.
26	5-33.2-20. Restricted receipts accounts for fees.
27	All the proceeds of any fees collected pursuant to the provisions of this chapter, shall be
28	placed in a restricted receipts accounts, which is used for the general purposes of the division of
29	professional regulation commercial licensing with the department of health Business Regulation.
30	5-33.2-22. Complaints of violations.
31	(a) Complaints for violation of the provisions of this chapter or of any lawful rules or
32	regulation made under this chapter by the division may be made by the administrator of the
33	division or by any person authorized by the administrator or a member of the public, who shall be
34	exempt from giving surety for costs on that complaint.
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1	(b) All complaints filed with the division charging a person or establishment with having
2	been guilty of any actions specified in this chapter or the rules and regulations must be sworn and
3	notarized. Complaints for violation of the provisions of this chapter or of any lawful rules or
4	regulation made under this chapter by the division may be made by the administrator of the
5	division or by any person authorized by the administrator or a member of the public, who shall be
6	exempt from giving surety for costs on that complaint.
7	SECTION 12. Sections 5-35.2-1, 5-35.2-2, 5-35.2-3, 5-35.2-4, 5-35.2-6, 5-35.2-11 and 5-
8	35.2-12 of the General Laws in Chapter 5-35.2 entitled “Opticians” are hereby amended to read
9	as follows:
10	5-35.2-1. Definitions.
11	As used in this chapter:
12	(1) "Advisory committee" means the advisory committee of opticianry as established
13	herein.
14	(2) "Department" means the department of health business regulation.
15	(3) "Director" means the director of the department of health business regulation.
16	(4) "Optician" means a person licensed in this state to practice opticianry pursuant to the
17	provisions of this chapter.
18	(5) "The Practice of Opticianry" means the preparation or dispensing of eyeglasses,
19	spectacles, lenses, or related appurtenances, for the intended wearers, or users, on prescription
20	from licensed physicians or optometrists, or duplications or reproductions of previously prepared
21	eyeglasses, spectacles, lenses, or related appurtenances; or the person who, in accordance with
22	such prescriptions, duplications or reproductions, measures, adapts, fits, and adjusts eyeglasses,
23	spectacles, lenses, including spectacles add powers for task specific use or occupational
24	applications, or appurtenances, to the human face. Provided, however, a person licensed under the
25	provisions of this chapter shall be specifically prohibited from engaging in the practice of ocular
26	refraction, orthoptics, visual training, the prescribing of subnormal vision aids, telescopic
27	spectacles, fitting, selling, replacing, or dispensing contact lenses.
28	5-35.2-2. Qualification of optician applicants.
29	(a) Every applicant for licensure shall present satisfactory evidence, in the form of
30	affidavits properly sworn to, that he or she:
31	(1) Is of good moral character; and
32	(2) Has graduated from a two (2) year school of opticianry approved by the New England
33	Association of Schools and Colleges or an equivalent regional accrediting authority or other
34	accrediting authority as may be approved by the department with consultation from the advisory
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1	committee; and
2	(3) Has successfully passed the national opticianry competency examination or any other
3	written examination approved by the department with consultation from the advisory committee;
4	and
5	(4) Has successfully passed a practical examination approved by the department with
6	consultation from the advisory committee.
7	(b) Every applicant for licensure who is or has been licensed in an alternate jurisdiction
8	shall present satisfactory evidence in the form of affidavits properly sworn to that he or she:
9	(1) Is of good moral character; and
10	(2) Has graduated from high school; and
11	(3) Has graduated from a two (2) year school of opticianry approved by the New England
12	Association of Schools and Colleges or an equivalent regional accrediting authority or other
13	accrediting authority as may be approved by the department with consultation from the advisory
14	committee; or has successfully completed a two (2) year opticianry apprenticeship program; and
15	(4) Has held a valid license to practice opticianry in another state for at least one year and
16	was in good standing during that time; and
17	(5) Has practiced opticianry in this or any other state for a period of not less than one
18	year; and
19	(6) Has successfully passed the national opticianry competency examination or any other
20	written examination approved by the department with consultation from the advisory committee;
21	and
22	(7) Has successfully passed a practical exam approved by the department with
23	consultation from the advisory committee.
24	5-35.2-3. Optician's biennial license fee.
25	Every applicant shall pay to the department a fee as set forth in § 23-1-54 by the
26	department which shall accompany his or her application for a license. No one shall be permitted
27	to practice opticianry without a valid license.
28	5-35.2-4. Advertising by opticians.
29	This division of professional regulation commercial licensing, in addition to conducting
30	the examinations, licensing, and registering of opticians, shall make rules and regulations
31	governing advertising by opticians. The division shall have the power to revoke the license of any
32	optician violating those rules and regulations.
33	5-35.2-6. Freedom of choice for eye care.
34	Where the contracts call for the expenditure of public or private funds involving
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1	Medicaid and RIte Care, Medicare, or supplemental coverage for any purpose relating to
2	eyewear, and as it pertains to opticianry, the distribution, dispensing, filling, duplication and
3	fabrication of eyeglasses or optical prosthesis by opticians as defined in § 5-35.1-1 5-35.2-1,
4	those health plans or contracts are required to notify by publication in a public newspaper
5	published within and circulated and distributed throughout the state of Rhode Island, to all
6	providers, including, but not limited to, opticians, within the health plan's or contract's geographic
7	service area, of the opportunity to apply for credentials, and there is no discrimination as to the
8	rate or reimbursement for health care provided by an optician for similar services as rendered by
9	other professions pursuant to this section. Nothing contained in the chapter shall require health
10	plans to contract with any particular class of providers.
11	5-35.2-11. Construction of glass lenses – violations – penalty.
12	(a) No person shall distribute, sell, or delivery any eyeglasses or sunglasses unless those
13	eyeglasses or sunglasses are fitted with heat-treated glass lenses, plastic lenses, laminated lenses,
14	or lenses made impact resistant by other methods. The provisions of this subsection do not apply
15	if a physician or optometrist, having found that those lenses will not fulfill the visual
16	requirements of a particular patient, directs, in writing, the use of other lenses and gives written
17	notification to the patient. Before they are mounted in frames, all impact-resistant eyeglasses and
18	sunglass lenses, except plastic lenses, laminated lenses, and raised ledge multifocal lenses must
19	withstand an impact test of a steel ball five-eighths (5/8) of an inch in diameter weighing
20	approximately fifty-six hundredths of an ounce (0.56 oz) dropped from a height of fifty inches
21	(50"). Raised ledge multifocal lenses are capable of withstanding the impact test but do not need
22	to be tested beyond initial design testing. To demonstrate that all plastic lenses and laminated
23	lenses are capable of withstanding the impact test, the manufacturer of the lenses shall subject to
24	the impact test a statistically significant sampling of lenses from each production batch, and the
25	tested lenses are representative of the finished forms as worn by the wearer. Plastic prescription
26	and plastic non-prescription lenses, tested on the basis of statistical significance, may be tested in
27	uncut finished or semi-finished form at the point of original manufacture.
28	(b) Any person convicted of who violating violates the provisions of this section shall be
29	punished by a fine of not less than five hundred dollars ($500) for each violation.
30	5-35.2-12. Penalty for violations.
31	Any person who violates the provisions of this chapter shall be punished by a fine or not
32	more than two hundred dollars ($200) or shall be imprisoned for not more than three (3) months
33	for each offense violation.
34	SECTION 13. Sections 5-48-1, 5-48-2, 5-48-3 and 5-48-9 of the General Laws in
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1	Chapter 5-48 entitled “Speech Pathology and Audiology” are hereby amended to read as follows:
2	5-48-1. Purpose and legislative intent – Definitions.
3	(a) It is declared to be a policy of this state that the practice of speech language pathology
4	and audiology is a privilege granted to qualified persons and that, in order to safeguard the public
5	health, safety, and welfare, protect the public from being misled by incompetent, unscrupulous,
6	and unauthorized persons, and protect the public from unprofessional conduct by qualified speech
7	language pathologists and audiologists, it is necessary to provide regulatory authority over
8	persons offering speech language pathology and audiology services to the public.
9	(b) The following words and terms when used in this chapter have the following meaning
10	unless otherwise indicated within the context:
11	(1) "Audiologist" means an individual licensed by the board to practice audiology.
12	(2) "Audiology" means the application of principles, methods, and procedures related to
13	hearing and the disorders of the hearing and balance systems, to related language and speech
14	disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is
15	defined as altered sensitivity, acuity, function, processing, and/or damage to the integrity of the
16	physiological auditory/vestibular systems.
17	(3) "Board" means the state board of examiners for speech language pathology and
18	audiology.
19	(4) "Clinical fellow" means the person who is practicing speech language pathology
20	under the supervision of a licensed speech language pathologist while completing the
21	postgraduate professional experience as required by this chapter.
22	(5) "Department" means the Rhode Island department of health business regulation.
23	(6) "Director" means the director of the Rhode Island department of health business
24	regulation.
25	(7) "Person" means an individual, partnership, organization, or corporation, except that
26	only individuals can be licensed under this chapter.
27	(8)(i) "Practice of audiology" means rendering or offering to render any service in
28	audiology, including prevention, screening, and identification, evaluation, habilitation,
29	rehabilitation; participating in environmental and occupational hearing conservation programs,
30	and habilitation and rehabilitation programs including hearing aid and assistive listening device
31	evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training
32	and speech reading; conducting and interpreting tests of vestibular function and nystagmus;
33	conducting and interpreting electrophysiological measures of the auditory pathway; cerumen
34	management; evaluating sound environment and equipment; calibrating instruments used in
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1	testing and supplementing auditory function; and planning, directing, conducting or supervising
2	programs that render or offer to render any service in audiology.
3	(ii) The practice of audiology may include speech and/or language screening to a pass or
4	fail determination, for the purpose of initial identification of individuals with other disorders of
5	communication.
6	(iii) A practice is deemed to be the "practice of audiology" if services are offered under
7	any title incorporating such word as "audiology", "audiologist", "audiometry", "audiometrist",
8	"audiological", "audiometrics", "hearing therapy", "hearing therapist", "hearing clinic", "hearing
9	clinician", "hearing conservation", "hearing conservationist", "hearing center", "hearing aid
10	audiologist", or any similar title or description of services.
11	(9)(i) "Practice of speech language pathology" means rendering or offering to render any
12	service in speech language pathology including prevention, identification, evaluation,
13	consultation, habilitation, rehabilitation; determining the need for augmentative communication
14	systems, dispensing and selling these systems, and providing training in the use of these systems;
15	and planning, directing, conducting, or supervising programs that render or offer to render any
16	service in speech language pathology.
17	(ii) The practice of speech language pathology may include nondiagnostic pure tone air
18	conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or
19	fail determination, for the purpose of performing a speech and language evaluation or for the
20	initial identification of individuals with other disorders of communication.
21	(iii) The practice of speech language pathology also may include aural rehabilitation,
22	which is defined as services and procedures for facilitating adequate receptive and expressive
23	communication in individuals with hearing impairment.
24	(iv) A practice is deemed to be the "practice of speech language pathology" if services are
25	offered under any title incorporating such words as "speech pathology", "speech pathologist",
26	"speech therapy", "speech therapist", "speech correction", "speech correctionist", "speech clinic",
27	"speech clinician", "language pathology", "language pathologist", "voice therapy", "voice
28	therapist", "voice pathology", "voice pathologist", "logopedics", "logopedist", "communicology",
29	"communicologist", "aphasiology", "aphasiologist", "phoniatrist", or any similar title or
30	description of services.
31	(10) "Regionally accredited" means the official guarantee that a college or university or
32	other educational institution is in conformity with the standards of education prescribed by a
33	regional accrediting commission recognized by the United States Secretary of Education.
34	(11) "Speech language pathologist" means an individual who is licensed by the board to
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1	practice speech language pathology.
2	(12) "Speech language pathology" means the application of principles, methods, and
3	procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation,
4	instruction, and research related to the development and disorders of human communication.
5	Disorders are defined to include any and all conditions, whether of organic or non-organic origin,
6	that impede the normal process of human communication in individuals or groups of individuals
7	who have or are suspected of having these conditions, including, but not limited to, disorders and
8	related disorders of:
9	(i) Speech: articulation, fluency, voice, (including respiration, phonation and resonance);
10	(ii) Language (involving the parameters of phonology, morphology, syntax, semantics
11	and pragmatics; and including disorders of receptive and expressive communication in oral,
12	written, graphic, and manual modalities);
13	(iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g.,
14	dysphasia, including disorders of swallowing and oral function for feeding; oro-facial
15	myofunctional disorders);
16	(iv) Cognitive aspects of communication (including communication disability and other
17	functional disabilities associated with cognitive impairment); and
18	(v) Social aspects of communication (including challenging behavior, ineffective social
19	skills, lack of communication opportunities).
20	5-48-2. Board of examiners – Composition – Appointments, terms and qualifications
21	of members.
22	(a) There exists within the department of health business regulation a board of examiners
23	of speech language pathology and audiology. The board shall consist of five (5) persons who are
24	residents of the state, and who have worked within the state for at least one year prior to their
25	appointments.
26	(1) Two (2) members shall be speech language pathologists who have practiced speech
27	language pathology for at least five (5) years preceding appointment, are currently practicing
28	speech language pathology, and hold active and valid licensure for the practice of speech
29	language pathology in this state.
30	(2) One member shall be an audiologist who has practiced audiology for at least five (5)
31	years immediately preceding appointment, is currently practicing audiology, and holds active and
32	valid licensure for the practice of audiology in this state.
33	(3) One member shall be an otolaryngologist who holds certification by the American
34	Academy of Otolaryngology – head and neck surgery, who is currently practicing
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1	otolaryngology, and holds active and valid licensure as a physician within this state.
2	(4) One member shall be a representative of the consumer public who is not associated
3	with or financially interested in the practice or business of speech language pathology or
4	audiology.
5	(b) All appointments to the board shall be for the term of three (3) years. Members shall
6	serve until the expiration of the term for which they have been appointed or until their appointed
7	successors are qualified.
8	(c) When a vacancy upon the board occurs, the director of the department of health
9	business regulation shall, with the approval of the governor, appoint persons who are working
10	within the state to fill the remainder of the vacant term.
11	(d) The board shall reorganize annually during the month of January and shall select a
12	chairperson.
13	(e) A majority of currently filled positions shall constitute a quorum to do business.
14	(f) No person shall be appointed to serve more than two (2) consecutive terms.
15	(g) The first board and all future members shall be appointed by the director of the
16	department of health, with the approval of the governor.
17	(h g) The director of the department of health business regulation, with the approval of
18	the governor, may remove any member of the board for dishonorable conduct, incompetency, or
19	neglect of duty.
20	5-48-3. Board of examiners – Duties and powers – Meetings – Compensation of
21	members.
22	(a) The board shall administer, coordinate, and enforce the provisions of this chapter,
23	evaluate the qualifications of applicants, and may issue subpoenas, examine witnesses, and
24	administer oaths, conduct hearings, and at its discretion investigate allegations of violations of
25	this chapter and impose penalties if any violations of the chapter have occurred.
26	(b) The board shall conduct hearings and keep records and minutes as necessary to an
27	orderly dispatch of business.
28	(c) The board shall, with the approval of the director of the department of health business
29	regulation, adopt, amend or repeal rules and regulations, including, but not limited to, regulations
30	that delineate qualifications for licensure and establish standards of professional conduct.
31	Following their adoption, the rules and regulations shall govern and control the professional
32	conduct of every person who holds a license to practice speech language pathology or audiology
33	in this state.
34	(d) The board shall make available complete lists of the names and addresses of all
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1	licensed speech language pathologists and/or audiologists.
2	(e) The board may request legal advice and assistance from the appropriate state legal
3	officer.
4	(f) Regular meetings of the board shall be held at the times and places that it prescribes,
5	and special meetings may be held upon the call of the chairperson; provided, that at least one
6	regular meeting shall be held each year.
7	(g) The conferral or enumeration of specific powers in this chapter shall not be construed
8	as a limitation of the general powers conferred by this section. No member of the board shall be
9	liable to civil action for any act performed in good faith in the performance of his or her duties as
10	prescribed by this chapter.
11	(h) Board members shall serve without compensation.
12	(i) The board may suspend the authority of any registered speech language pathologist or
13	audiologist to practice speech language pathology or audiology for failure to comply with any of
14	the requirements of this chapter.
15	5-48-9. Fees – Late filing – Inactive status.
16	(a) The board may charge an application fee; a biennial license renewal fee payable
17	before July 1 of even years (biennially); or a provisional license renewal fee as set forth in § 23-1-
18	54 by the department payable annually from the date of issue.
19	(b) Any person who allows his or her license to lapse by failing to renew it on or before
20	the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on
21	payment of the current renewal fee plus an additional late filing fee as set forth in § 23-1-54 by
22	the department.
23	(c) An individual licensed as a speech language pathologist and/or audiologist in this
24	state, not in the active practice of speech-language pathology or audiology within this state during
25	any year, may upon request to the board, have his or her name transferred to an inactive status
26	and shall not be required to register biennially or pay any fee as long as he or she remains
27	inactive. Inactive status may be maintained for no longer than two (2) consecutive licensing
28	periods, after which period licensure shall be terminated and reapplication to the board shall be
29	required to resume practice.
30	(d) Any individual whose name has been transferred to an inactive status may be restored
31	to active status within two (2) licensing periods without a penalty fee, upon the filing of:
32	(1) An application for licensure renewal, with a licensure renewal fee as set forth in § 23-
33	1-54 by the department made payable by check to the general treasurer of the state of Rhode
34	Island; and
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1	(2) Any other information that the board may request.
2	SECTION 14. Sections 5-49-1, 5-49-2.1, 5-49-2.2, 5-49-2.3, 5-49-3, 5-49-6, 5-49-8, 5-
3	49-10, 5-49-11, 5-49-12, 5-49-17 and 5-49-19 of the General Laws in Chapter 5-49 entitled
4	“Hearing Aid Dealers and Fitters” are hereby amended to read as follows:
5	5-49-1. Definitions.
6	As used in this chapter, except as the context may require:
7	(1) "Audiologist" means a person who has been awarded a certificate of competency by
8	the American Speech and Hearing Association and who is duly licensed by the department.
9	(2) "Board" means the board of hearing aid dealers and fitters.
10	(3) "Department" means the department of health business regulation.
11	(4) "Hearing aid" means any wearable instrument or device designed for or offered for
12	the purpose of aiding or compensating for impaired human hearing, and any parts, attachments, or
13	accessories, including ear mold, but excluding batteries and cords.
14	(5) "License" means a license issued by the state under this chapter to hearing aid dealers
15	and fitters.
16	(6) "Practice of fitting and dealing in hearing aids" means the evaluation and
17	measurement of human hearing by means of an audiometer or by any other means solely for the
18	purpose of making selections, adaptations, or sale of hearing aids. The term also includes the
19	making of impressions for ear molds. This term does not include the making of audiograms for a
20	physician or a member of related professions for use in consultation with the hard of hearing.
21	(7) "Sell" or "sale" means any transfer of title or of the right to use by lease, bailment, or
22	any other contract, excluding wholesale transactions with distributors or dealers.
23	(8) "Temporary permit" means a permit issued while the applicant is in training to
24	become a licensed hearing aid dealer and fitter.
25	5-49-2.1. Certificates of need.
26	(a) No person, firm, association, or corporation shall sell or attempt to sell, or make
27	available, any hearing aid instrument or hearing prosthetic device to a prospective consumer or
28	purchaser, unless that consumer or purchaser has first obtained and presented to the seller a
29	certificate of need on forms prescribed and furnished by the director of the department of health
30	business regulation.
31	(b) The certificate shall be signed by a physician licensed in the state under the provisions
32	of chapter 37 of this title and attest that, pursuant to an otological examination, it is his or her
33	diagnosis that the prospective patient-purchaser has a hearing impediment of a nature as to
34	indicate the need for a hearing aid instrument or hearing prosthetic device.
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1	5-49-2.2. Records of transactions.
2	(a) Every person, firm, association, or corporation shall keep a permanent record of all
3	sales or other transactions where a hearing aid instrument or hearing prosthetic device is made
4	available.
5	(b) Each record of a transaction shall have attached to it the certificate of need presented
6	by the prospective purchaser.
7	(c) Each record of a transaction shall be retained for a period of five (5) years, and shall
8	be kept open for inspection by any official designated by the director of the department of health
9	business regulation.
10	5-49-2.3. Penalty for violations of Sections 5-49-2.1 and 5-49-2.2.
11	Any person, firm, association, or corporation who sells or attempts to sell, or makes
12	available, a hearing aid instrument or hearing prosthetic device without a certificate of need,
13	and/or fails to keep records as prescribed in § 5-49-2.2, and any physician who issues a certificate
14	of need not in conformance with Section 5-49-2.1, is guilty of a misdemeanor and, upon
15	conviction, shall be fined not more than five hundred dollars ($500) for each offense violation.
16	Each violation of a provision of this chapter shall constitute a separate offense.
17	5-49-3. Receipt required to be furnished to a person supplied with hearing aid.
18	(a) Any person who practices the fitting and sale of hearing aids shall deliver to each
19	person supplied with a hearing aid a receipt, which shall contain the licensee's signature and show
20	his or her business address and the number of his or her certificate, together with specifications as
21	to the make and model of the hearing aid furnished, and the full terms of sale clearly stated. If a
22	hearing aid which is not new is sold, the receipt and the container shall be clearly marked as
23	"used" or "reconditioned" whichever is applicable, with terms of guarantee, if any.
24	(b) The receipt shall bear in no smaller type than the largest used in the body copy
25	portion the following: "The purchaser has been advised at the outset of his or her relationship
26	with the hearing aid dealer that any examination(s) or representation(s) made by a licensed
27	hearing aid dealer and fitter in connection with the fitting and selling of this hearing aid(s) is not
28	an examination, diagnosis, or prescription by a person licensed to practice medicine in this state
29	and therefore must not be regarded as medical opinion or advice."
30	(c) The receipt, covering agreements consummated at any place other than at an address
31	of the seller, shall contain the following statement: "You may cancel this agreement if it has been
32	consummated by a party at any place other than at a business address of the seller by a written
33	notice directed to a business address of the seller by certified mail, registered mail, telegram, or
34	delivery, not later than midnight of the third business day following the signing of the
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1	agreement."
2	(d) The receipt shall contain language that verifies that the client has been informed about
3	the benefits of audio switch technology, including increased access to telephones and assistive
4	listening systems required under the "American with Disabilities Act of 1990", and section 504 of
5	the Rehabilitation Act of 1973. The client shall be informed that an audio switch is also referred
6	to as a telecoil, t-coil or t-switch.
7	(e) The receipt shall contain language that informs the client about the Rhode Island
8	adaptive telephone equipment loan program committee established by chapter 39-23 that provides
9	assistive communications devices to residents of this state who have hearing loss and about the
10	Rhode Island commission on the deaf and hard of hearing established by chapter 23-1.8 that
11	provides resources related to hearing loss.
12	(f) Any person engaging in the fitting and sale of hearing aids will, when dealing with a
13	child ten (10) years of age or under, ascertain whether the child has been examined by an
14	otolaryngologist, or primary care physician and an audiologist for his or her recommendation
15	within ninety (90) days prior to the fitting. If that is not the case, a recommendation to do so must
16	be made, and this examination must be conducted before the sale of any hearing aid.
17	(g) Prior to delivery of services or products to the prospective purchaser, a licensee shall
18	provide discussion of amplification or aural rehabilitation options appropriate to the hearing loss
19	and communication needs presented by the patient.
20	(h) A licensee delivers information, either written or oral, appropriate to the patient's
21	needs and options under discussion, including, but not limited to, types of circuitry, telecoils, or
22	programmability, and if applicable, estimated unit prices for the following service, hearing aid(s),
23	accessories, service contracts, hearing aid (loss and damage) insurance, health care coverage,
24	warranty, financing, and related goods and services.
25	(i) At the time of delivery of selected amplification, the dispenser shall deliver a written
26	delivery receipt containing the following:
27	(1) Business name, full address, and department of health license number of the
28	dispenser;
29	(2) Name, full address of patient and purchaser;
30	(3) The instrument identification including manufacturer, model, serial number;
31	(4) Identification of used or reconditioned units;
32	(5) The total price and applicable warranty time periods of instrumentation and
33	accessories such as earmolds, batteries, cords, etc.;
34	(6) Any additional insurance that has been placed on the instrument;
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1	(7) All services included by the dispenser program as part of the complete amplification
2	package, i.e. follow-up visits, or reprogramming visits in the event the instrument is
3	programmable;
4	(8) A notice conspicuously in type that is at least four (4) points larger than the
5	surrounding text: "A hearing aid will not restore normal hearing. The purchaser has a thirty (30)
6	day trial period during which time the purchaser may return the instrument, in the original
7	condition less normal wear, with no further financial obligation. This product is protected by
8	chapter 45 of title 6 entitled "Enforcement of Assistive Technology Warranties', which shall be
9	made available by the dispenser, upon request". The purchaser has access to the dispenser during
10	the trial period, in order to receive appropriate follow-up monitoring, i.e. modification,
11	adjustment, reprogramming, or shell refit, in order to optimize comfort and instrument benefit.
12	The trial period may be extended beyond thirty (30) days if agreed to, in writing, by the dispenser
13	and the consumer.
14	(9) All professional and service fees shall be clearly stated in the contract. Refund shall
15	be made to the customer within ten (10) days of return;
16	(10) Signature of dispenser and name in print;
17	(11) Signature of patient;
18	(12) Date of purchase; and
19	(13) Department of health license number.
20	(14) Language that verifies that the client has been informed of subsections 5-49-3(d) and
21	(e).
22	5-49-6. Issuance of licenses and certificates of endorsement.
23	(a) The department shall register each applicant without discrimination who passes an
24	examination as provided in § 5-49-7. Upon the applicant's payment as set forth in § 23-1-54 by
25	the department of a fee per annum for each year of the term of license, the department shall issue
26	to the applicant a license signed by the department. The total fee for the entire term of licensure
27	shall be paid prior to the issuance of the license.
28	(b) Whenever the board determines that another state or jurisdiction has requirements
29	equivalent to or higher than those in effect pursuant to this chapter, and that this state or
30	jurisdiction has a program equivalent to or stricter than the program for determining whether
31	applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department
32	may issue certificates of endorsement to applicants who hold current, unsuspended, and
33	unrevoked certificates or licenses to fit and sell hearing aids in that other state or jurisdiction.
34	(c) No applicant for certificate of endorsement shall be required to submit to or undergo a
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1	qualifying examination, etc., other than the payment of fees, as set forth in § 23-1-54 by the
2	department.
3	(d) The holder of a certificate of endorsement shall be registered in the same manner as a
4	licensee. The fee for an initial certificate of endorsement shall be the same as the fee for an initial
5	license. Fees, grounds for renewal, and procedures for the suspension and revocation of
6	certificates of endorsement shall be the same as for renewal, suspension, and revocation of a
7	license.
8	5-49-8. Temporary permits.
9	(a) An applicant who fulfills the requirements regarding age, character, education, and
10	health as provided in § 5-49-7, may obtain a temporary permit upon application to the
11	department. Previous experience or a waiting period shall not be required to obtain a temporary
12	permit.
13	(b) Upon receiving an application as provided under this section, and accompanied by a
14	fee as set forth in § 23-1-54 by the department, the department shall issue a temporary permit
15	which entitles the applicant to engage in the fitting and sale of hearing aids for a period of one
16	year.
17	(c) A person holding a valid hearing aid dealer's and fitter's license is responsible for the
18	supervision and training of that applicant and maintain adequate personal contact.
19	(d) If a person who holds a temporary permit under this section has not successfully
20	passed the licensing examination within one year from the date of issuance of the permit, the
21	temporary permit may be renewed or reissued once upon payment of a fee as set forth in § 23-1-
22	54 by the department.
23	5-49-10. Notice to department of place of business – Notice to holders of license.
24	(a) A person who holds a license shall notify the department, in writing, of the regular
25	address of the place or places where he or she engages or intends to engage in the fitting or the
26	sale of hearing aids.
27	(b) The department shall keep a record of the place of business of licensees.
28	(c) Any notice required to be given by the department to a person who holds a license
29	shall be mailed to him or her, by certified mail, at the address of the last place of business which
30	he or she has provided the department.
31	5-49-11. Duration of license – Renewal of license – Fees – Effect of failure to renew.
32	(a) The department shall promulgate rules and regulations mandating the term of license
33	for each category of license issued pursuant to this chapter. No license shall remain in force for a
34	period in excess of two (2) years.
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1	(1) Each person who engages in the fitting and sale of hearing aids shall pay to the
2	department a per annum fee, as set forth in § 23-1-54 by the department per annum for each year
3	of the term of license, for a renewal of his or her license.
4	(2) The renewal certificate shall be conspicuously posted in his or her office or place of
5	business at all times.
6	(3) Where more than one office is operated by the licensee, duplicate certificates shall be
7	issued by the department for posting in each location.
8	(b) A thirty (30) day grace period shall be allowed during which time licenses may be
9	renewed on payment of a per annum fee to the department as set forth in § 23-1-54 by the
10	department per annum for each year of the term of renewal.
11	(c) After expiration of the grace period, the department may renew those certificates upon
12	payment to the department of a per annum fee as set forth in § 23-1-54 by the department per
13	annum for each year of the term of renewal.
14	(d) The total fee for the entire term of license or renewal shall be paid prior to the
15	issuance of the license.
16	(e) No person who applies for renewal, whose license has expired, shall be required to
17	submit to any examination as a condition to renewal; provided, that the renewal application is
18	made within two (2) years from the date of that expiration.
19	5-49-12. Complaints – Grounds and proceedings for revocation or suspension of
20	licenses.
21	(a)(1) Any person wishing to make a complaint against a licensee under this chapter shall
22	file this complaint, in writing, with the department, within one year from the date of the action
23	upon which the complaint is based.
24	(2) If the department determines the charges made in the complaint are sufficient to
25	warrant a hearing to determine whether the license issued under this chapter should be suspended
26	or revoked, it shall make an order fixing a time and place for a hearing and shall require the
27	licensee complained against to appear and defend against the complaint. The order shall have
28	annexed to it a copy of the complaint.
29	(3) The order and copy of the complaint shall be served upon the licensee, either
30	personally or by registered certified mail sent to the licensee's last known address, at least twenty
31	(20) days before the date set for the hearing.
32	(4) Continuances or an adjournment of the hearing shall be made if for good cause.
33	(5) At the hearing, the licensee complained against may be represented by counsel.
34	(6) The licensee complained against and the department shall have the right to take
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1	depositions in advance of the hearing and after service of the complaint, and either may compel
2	the attendance of witness by subpoenas issued by the department under its seal.
3	(7) Either party taking depositions shall give at least five (5) days' written notice to the
4	other party of the time and place of those depositions, and the other party has the right to attend
5	(with counsel if desired) and cross-examine.
6	(8) Appeals from suspension or revocation may be made through the appropriate
7	administrative procedures act.
8	(b) Any person registered under this chapter may have his or her license revoked or
9	suspended for a fixed period by the department for any of the following causes:
10	(1) The conviction of a felony, or a misdemeanor involving moral turpitude. The record
11	of conviction, or a certified copy, certified by the clerk of the court or by the judge in whose court
12	the conviction was had, shall be conclusive evidence of this conviction.
13	(2) Procuring a license by fraud or deceit practiced upon the department.
14	(3) Unethical conduct, including:
15	(i) Obtaining any fee or making any sale by fraud or misrepresentation.
16	(ii) Knowingly employing, directly or indirectly, any suspended or unregistered person to
17	perform any work covered by this chapter.
18	(iii) Using, or causing, or promoting the use of, any advertising matter, promotional
19	literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation,
20	however disseminated or published, which is misleading, deceptive, or untruthful.
21	(iv) Advertising a particular model or type of hearing aid for sale when purchasers or
22	prospective purchasers responding to the advertisement cannot purchase the advertised model or
23	type, where it is established that the purpose of the advertisement is to obtain prospects for the
24	sale of a different model or type than that advertised.
25	(v) Representing that the service or advice of a person licensed to practice medicine will
26	be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing
27	aids when that is not true.
28	(vi) Habitual intemperance to the extent it impairs the licensee’s ability to engage in the
29	practice of his or her profession.
30	(vii) Gross immorality.
31	(viii) Permitting another's use of a license.
32	(ixviii) Advertising a manufacturer's product or using a manufacturer's name or
33	trademark which implies a relationship with the manufacturer that does not exist.
34	(ix) Directly or indirectly giving or offering to give, or permitting or causing to be given,
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1	money or anything of value to any person who advises another in a professional capacity, as an
2	inducement to influence him or her, or have him or her influence others, to purchase or contract
3	to purchase products sold or offered for sale by a hearing aid dealer or fitter, or influencing
4	persons to refrain from dealing in the products of competitors.
5	(xi) Representing, when this is not the case, that the hearing aid is or will be "custom-
6	made", "made to order", or "prescription-made", or in any other sense specially fabricated for an
7	individual person.
8	(4) Knowingly placing the health of a client at serious risk without maintaining proper
9	precautions;
10	(5) Engaging in the fitting and sale of hearing aids under a false name or alias with
11	fraudulent intent.
12	(6) Selling a hearing aid to a person who has not been given tests utilizing appropriate
13	established procedures and instrumentation in fitting of hearing aids, except in cases of selling
14	replacement hearing aids. Selling a hearing aid to a person who has discharge from the ear, loss
15	of balance and dizzy spells, or a loss of hearing for less than ninety (90) days, unless that person
16	has received a prescription from a physician.
17	(7) Gross incompetence or negligence in fitting and selling hearing aids.
18	(8) Violating any provisions of this chapter.
19	5-49-17. Board – Meetings.
20	The board shall meet not less than six (6) times each year on the call of the chairperson or
21	at the written request of any three (3) members of the board at a place, day, and hour determined
22	by the board. The board shall also meet at any other times and places as requested by the
23	department.
24	5-49-19. Penalty for violations.
25	Violation of any provisions of this chapter shall be punishable, upon conviction, by a fine
26	of not more than five hundred dollars ($500) or by imprisonment for not more than ninety (90)
27	days, or both for each violation.
28	SECTION 15. Sections 5-60-2, 5-60-4 and 5-60-11 of the General Laws in Chapter 5-60
29	entitled “Athletic Trainers” are hereby amended to read as follows:
30	5-60-2. Definitions.
31	As used in this chapter:
32	(1) "Athletic trainer" means a person with the specific qualifications established in § 5-
33	60-10 who, upon the direction of his or her team physician and/or consulting physician, carries
34	out the practice of athletic training to athletic injuries incurred by athletes in preparation of or
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1	participation in an athletic program being conducted by an educational institution under the
2	jurisdiction of an interscholastic or intercollegiate governing body, a professional athletic
3	organization, or a board sanctioned amateur athletic organization; provided, that no athlete shall
4	receive athletic training services if classified as geriatric by the consulting physician. No athlete
5	shall receive athletic training services if non-athletic or age-related conditions exist or develop
6	that render the individual debilitated or non-athletic. To carry out these functions, the athletic
7	trainer is authorized to utilize modalities such as heat, light, sound, cold, electricity, exercise, or
8	mechanical devices related to care and reconditioning. The athletic trainer, as defined in this
9	chapter, shall not represent himself or herself or allow an employer to represent him or her to be,
10	any other classification of healthcare professional governed by a separate and distinct practice act.
11	This includes billing for services outside of the athletic trainer's scope of practice, including, but
12	not limited to services labeled as physical therapy.
13	(2) "Board" means the Rhode Island board of athletic trainers established under § 5-60-4.
14	(3) "Department of health business regulation" means the department of state under
15	which the board of athletic trainers is listed.
16	(4) "Director" means the director or state official in charge of the department of health
17	business regulation.
18	5-60-4. Board – Composition – Appointment, terms, oaths, and removal of members
19	– Officers – Meetings.
20	(a) The director of the department of health business Regulation, with the approval of the
21	governor, shall appoint the members of the Rhode Island board of athletic trainers, which shall be
22	composed of three (3) licensed athletic trainers and one public member and one physician
23	licensed to practice medicine and with an interest in sports medicine. In making appointments to
24	the board, the director shall give consideration to recommendations made by professional
25	organizations of athletic trainers and physicians. Each appointee shall be licensed and practicing
26	in the state, except that the director in appointing the athletic trainer members of the first board
27	may appoint any practicing athletic trainer who possesses the qualification required by § 5-60-10.
28	To qualify as a member, a person must be a citizen of the United States and a resident of the state
29	for five (5) years immediately preceding appointment.
30	(b) The members of the board shall be appointed for terms of three (3) years which expire
31	on August 1 of even numbered years, except that in making the initial appointments the director
32	shall designate one member to serve one year, two (2) members to serve two (2) years, and two
33	(2) members to serve three (3) years. In the event of death, resignation, or removal of any
34	member, the vacancy shall be filled for the unexpired portion of the term in the same manner as
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1	the original appointment. The director may remove any member for cause at any time prior to the
2	expiration of his or her term. No member shall serve for more than two (2) consecutive three (3)
3	year terms.
4	(c) Each appointee to the board shall qualify by taking the constitutional oath of office
5	within thirty (30) days from the date of his or her appointment. On presentation of the oath, the
6	director shall issue commissions to appointees as evidence of their authority to act as members of
7	the board.
8	(d) The board shall elect from its members for a term of one year, a chairperson, vice-
9	chairperson, and secretary-treasurer, and may appoint committees that it considers necessary to
10	carry out its duties. The board shall meet at least two (2) times a year. Additional meetings may
11	be held on the call of the chairperson or at the written request of any three (3) members of the
12	board. The quorum required for any meeting of the board shall be three (3) members. No action
13	by the board or its members has any effect unless a quorum of the board is present.
14	5-60-11. Fees.
15	Applicants for athletic trainer licenses shall pay a license fee, and, if applicable, a
16	biennial license renewal fee as set forth in § 23-1-54 by the department. Any person allowing
17	their license to lapse shall pay a late fee as set forth in § 23-1-54 by the department.
18	SECTION 16. Sections 5-71-3, 5-71-4, 5-71-5, 5-71-6, 5-71-8, 5-71-9 and 5-71-13 of the
19	General Laws in Chapter 5-71 entitled “Licensure of Interpreters for the Deaf” are hereby
20	amended to read as follows:
21	5-71-3. Definitions.
22	(1) "Board" means the state board of examiners for interpreters for the deaf.
23	(2) "Certified" means any individual who is a certified member of the Registry of
24	Interpreters for the Deaf, Inc., (RID), its successor agency, or other agencies as approved by the
25	department in consultation with the board.
26	(3) "Certified deaf interpreter", "deaf interpreter", or "deaf intermediary interpreter"
27	means any individual who is deaf or hard of hearing and who is a certified member of the
28	Registry of Interpreters for the Deaf, Inc. (RID) or its successor agency approved by the
29	department in consultation with the board.
30	(4) "Consumer" is an individual who is deaf, deaf-blind, hard of hearing, hearing, or an
31	individual with a disability who does not share a common means of communication. This may
32	include, without limitation, American Sign Language (ASL), visual, gestural, auditory, and tactile
33	made of communication.
34	(5) "Department" means the Rhode Island department of health business regulation.
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1	(6) "Director" means the director of the department of health business regulation.
2	(7) "Educational Interpreter" means an individual who has specialized certification
3	(elementary and secondary education for grades kindergarten (K) through twelve (12)) and is a
4	certified member of RID or its successor agency approved by the department in consultation with
5	the board in the provision of sign language interpreting to students who are deaf, hard of hearing,
6	or deaf-blind in grades preschool through twelve (12).
7	(8) "Emergency" means an urgent circumstance that demands immediate action in order
8	for a consumer to avoid imminent harm or loss. In the event of an emergency, the consumer may
9	elect to use the services of a nonlicensed interpreter as set forth in regulations promulgated by the
10	department.
11	(9) "Interpreter" means any person who engages in the practice of interpreting as defined
12	in subdivisions (10), (11), (14), and (15).
13	(10) "Interpreting" means conveying spoken English into American Sign Language
14	(ASL), or conveying American Sign Language into English, or interpreting English to and/or
15	from a visual gestural system.
16	(11) "Intermediary interpreting" means interpreting services rendered by a deaf person to
17	facilitate communication between another deaf person and a licensed interpreter.
18	(12) "Screened interpreter" means any person who presents proof of an active state
19	screening or its equivalent and presents proof of successful completion of an examination as
20	approved by the department in consultation with the board.
21	(13) "Screened deaf interpreter" means any person who is deaf or hard of hearing and
22	who presents proof of an active state screening, or its equivalent, and presents proof of successful
23	completion of an examination as approved by the department in consultation with the board.
24	(14) "Transliterating" means conveying spoken English into manually coded English, or
25	conveying manually coded English into spoken English (sign-to-voice), or conveying English on
26	the lips so that it is accessible to speech reading (e.g. oral transliterating, or any auditory
27	communication as a visual form in English such as cued speech).
28	(15) "Deaf-blind interpreting" means linguistic information through sign language
29	acquired by individuals who are deaf-blind through their preferred methods depending on the
30	causes of their combined vision and hearing loss, their background, and their education, such as
31	close-vision interpreting and tactile interpreting, while spoken language is conveyed into sign
32	language (e.g. ASL), and sign language (ASL) is conveyed into spoken language.
33	5-71-4. Board of examiners – Creation – Compensation – Appointment, terms and
34	qualifications of members.
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1	(a) There shall exist within the state department of health Business Regulation a board of
2	examiners of interpreters for the deaf. The board shall consist of five (5) persons who shall be
3	residents of the state of Rhode Island for at least two (2) years prior to their appointments: three
4	(3) nationally certified interpreters, and two (2) consumers.
5	(b) All appointments made under this section shall be made by the governor with the
6	advice and consent of the senate. In making appointments to the board, the governor shall give
7	consideration to recommendations made by the commission on the deaf and hard-of-hearing
8	established pursuant to § 23-1.8-1. All members shall serve terms of three (3) years. Members
9	shall serve until the expiration of the term for which they have been appointed or until their
10	successor is appointed. No person shall be appointed to serve more than two (2) consecutive
11	terms. When a vacancy upon the board occurs, a replacement shall be appointed for the remainder
12	of that term as prescribed in this section.
13	(c) The board shall reorganize annually during the month of December and shall elect a
14	chairperson and vice chairperson for the subsequent calendar year. The board may elect from
15	among its members such other officers as it deems necessary.
16	(d) Three (3) members of the board shall constitute a quorum to do business. A majority
17	vote of those present shall be required for action.
18	(e) Members of the board shall be removable by the governor pursuant to the provisions
19	of § 36-1-7 of the general laws and for cause only, and removal solely for partisan or personal
20	reasons unrelated to capacity or fitness for the office shall be unlawful.
21	5-71-5. Board of examiners – Duties and powers – Meetings – Compensation of
22	members.
23	(a) The department, with the assistance of the board, shall administer, coordinate, and
24	enforce the provisions of this chapter, evaluate the qualifications of applicants, and may issue
25	subpoenas, examine witnesses, administer oaths, and investigate persons engaging in practices
26	that violate the provisions of this chapter.
27	(b) The department shall conduct hearings and shall keep records and minutes that are
28	necessary for the orderly dispatch of business.
29	(c) The department shall hold public hearings regarding rules and regulations.
30	(d) The department in consultation with the board, in accordance with the rule-making
31	provisions of the "Administrative Procedures Act", (chapter 35 of title 42), shall adopt
32	responsible rules and regulations and may amend or repeal those rules and regulations. Following
33	their adoption, the rules and regulations shall govern and control the professional conduct of
34	every person who holds a license to practice interpreting or transliterating in the state of Rhode
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1	Island.
2	(e) Regular Mmeetings of the board shall be held, and special meetings may be held,
3	upon the call of the chairperson as often as necessary to for the transaction of any business within
4	the jurisdiction of the board. deal with such issues as violations of this chapter; provided, that at
5	least one regular meeting is held each calendar year.
6	(f) The conferral or enumeration of specific powers in this chapter shall not be construed
7	as a limitation of the general powers conferred by the section. No member of the board shall be
8	liable to civil action for any act performed in good faith in the performance of his or her duties as
9	prescribed by this chapter.
10	(g) Board members shall serve on an honorable basis without compensation.
11	(h) The board may request legal advice and assistance from the appropriate legal officer.
12	(i) The board shall conduct a training course for newly appointed and qualified members
13	within six (6) months of their appointment. The course shall be developed and conducted by the
14	chair of the board, approved by the department, and shall include instruction in the subject areas
15	of this chapter, and chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38, and the
16	board's rules and regulations. The director of the department of health shall, within ninety (90)
17	days, prepare and disseminate training materials relating to the provisions of chapter 46 of title
18	42, chapter 14 of title 36, and chapter 2 of title 38.
19	(j) Within ninety (90) days after the end of each fiscal year, the board shall approve and
20	submit an annual report to the governor, the speaker of the house of representatives, the president
21	of the senate, and the secretary of state of its activities during that fiscal year. The report shall
22	provide: an operating statement summarizing meetings or hearings held, including meeting
23	minutes, subjects addressed, decisions rendered, licenses considered and their dispositions, rules
24	or regulations promulgated, studies conducted, policies and plans developed, approved or
25	modified, and programs administered or initiated; a consolidated financial statement of all funds
26	received and expended including the source of the funds, a listing of any staff supported by these
27	funds, and a summary of any clerical, administrative or technical support received; a summary of
28	performance during the previous fiscal year including accomplishments, shortcomings and
29	remedies; a synopsis of hearings, complaints, suspensions or other legal matters related to the
30	authority of the board; a summary of any training courses held pursuant to the provisions of
31	paragraph 5-71-5(i); a briefing on anticipated activities in the upcoming fiscal year; and findings
32	and recommendations for improvements. The report shall be posted electronically on the general
33	assembly and the secretary of state's websites as prescribed in § 42-20-8.2. The director of the
34	department of health shall be responsible for the enforcement of this provision.
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1	5-71-6. Board of examiners – Seal – Authentication of records.
2	The board shall adopt the state seal by which it shall authenticate its proceedings. Copies
3	of the proceedings, records and acts of the board, and certificates purporting to relate the facts
4	concerning those proceedings, records, and acts, signed by the secretary shall be deemed and
5	authenticated by that seal, and shall be evidence in all courts of this state.
6	5-71-8. Qualifications of applicants for licenses.
7	(a) To be eligible for licensure by the board as an interpreter for the deaf or transliterator,
8	the applicant must submit written evidence on forms furnished by the department, verified by
9	oath, that the applicant meets all of the following requirements:
10	(1) Is of good moral character;
11	(2) Meets the screened requirements as defined in regulations promulgated by the
12	department or meets the certification requirements set forth by RID or its successor agency
13	approved by the department in consultation with the board;
14	(3) Pays the department a license fee as set forth in § 23-1-54 by the department;
15	(4) Adheres to the National Association of the Deaf (NAD) and the Registry of
16	Interpreters for the Deaf, Inc., (RID) code of professional conduct; and
17	(5) Provides verification of a background check with the bureau of criminal investigation
18	in the office of attorney general at the time of the initial application for license.
19	(b) To be eligible for licensure by the board as an educational interpreter for the deaf, the
20	applicant must meet all of the requirements as described in subsection (a) and must further
21	present proof of successful completion of the educational interpreter performance assessment
22	(EIPA), written and performance tests, or a similar test as approved by the board, at a
23	performance level established by the board.
24	(c) An individual whose license, certification, permit, or equivalent form of permission
25	issued within another state has been revoked, suspended, or currently placed on probation shall
26	not be eligible for consideration for licensure unless they have first disclosed to the department
27	about such disciplinary actions.
28	5-71-9. Licensure and regulations of interpreters for the deaf.
29	(a) Licensure shall be granted when a person meets the certification requirements as
30	defined in regulations promulgated by the department. A person only needs one license under
31	"certified" or "screened" if he or she is qualified as defined in § 5-71-8(a) and recognized by the
32	RID and the NAD or its successor agency approved by the department in consultation with the
33	board as outlined in § 5-71-3.
34	(b) No person shall practice or hold him or herself out as being able to practice
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1	interpreting, educational interpreting, or intermediary interpreting as defined in § 5-71-3 unless he
2	or she shall be licensed in accordance with the provisions of this chapter. No person shall hold
3	himself or herself out as being an educational interpreter as defined in § 5-71-3 unless he or she is
4	licensed in accordance with the provisions of this chapter.
5	(c) All licensed interpreters upon commencing to practice, and upon any change in
6	address, shall promptly notify the department of said change in home or office address and shall
7	furnish any other information to the department that it may require. All licensed interpreters shall
8	annually, before July 1st, pay the department a license renewal fee, as set forth in § 23-1-54 by
9	the department, for each license. The department may suspend the authority of any licensed
10	interpreter to practice for failure to comply with any of the requirements of this chapter or the
11	regulations promulgated thereunder. The department makes available for public inspection a
12	complete list of the names of all interpreters licensed and practicing in the state.
13	(d) Three (3) types of licensure may be issued to interpreters:
14	(1) A certified license shall be granted to interpreters who have met the certification
15	requirements as set forth in regulations promulgated by the department. The two (2) licenses
16	under "certified" are called "certified interpreter" and "certified deaf interpreter";
17	(2) A screened license of limited duration determined by the board shall be granted to
18	interpreters who have met the educational requirements as set forth in regulations promulgated by
19	the department and who have successfully completed a recognized state screening or state
20	equivalent as determined by the department in consultation with the board. The two (2) licenses
21	under "screened" are called "screened interpreter" and "screened deaf interpreter";
22	(3) An educational interpreter license may be granted to interpreters who meet the
23	requirements of § 5-71-8(b). This license is called "educational interpreter".
24	(e) All certified licensed interpreters shall be required to complete continuing education
25	as set forth by RID or its successor agency approved by the department in consultation with the
26	board. All licensed screened interpreters shall be required to complete continuing education as set
27	forth in the regulations promulgated by the department.
28	5-71-13. Grounds for suspension or revocation of licenses.
29	(a) The board may recommend to the director of the department of health business
30	regulation the issuance, renewal, or revocation of a license, or suspension, placement on
31	probation, censure or reprimand a licensee, or any other disciplinary action that the board may
32	deem appropriate, for conduct that may result from, but not necessarily be limited to:
33	(1) Obtaining his or her license by means of fraud, misrepresentation, or concealment of
34	material facts;
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1	(2) Being guilty of fraud, misrepresentation, concealment, or material misstatement of
2	facts or deceit in connection with his or her services rendered as an interpreter;
3	(3) Being guilty of unprofessional conduct as defined by the rules established by the
4	department in consultation with the board, and/or violating any standard of professional or ethical
5	conduct adopted by the National Registry of Interpreters for the Deaf;
6	(4) Violating the continuing education requirements of this chapter, as defined in § 5-71-
7	9(e), and rules and regulations as promulgated by the department;
8	(5) Violating any lawful order, or any provision of this chapter or of the rules or
9	regulations promulgated in this chapter;
10	(6) Aiding or assisting another person in violating any provision of this chapter or any
11	rule or regulation adopted under this chapter;
12	(7) Departure from or failure to conform to the current standards of acceptable and
13	prevailing practice of interpreting.
14	(b) Working under a license that is expired or on inactive status, working under a license
15	when certification is expired or on inactive status, and practicing interpreting without being
16	exempt under § 5-71-10 shall be considered to be practicing without a license.
17	(c) The department shall respond to all recommendations from the board under this
18	section within thirty (30) calendar days.
19	SECTION 17. Section 5-34-10 of the General Laws in Chapter 5-34 entitled “Nurses” is
20	hereby amended to read as follows:
21	5-34-10. Qualifications of professional nurse applicants.
22	An applicant for licensure to practice as a professional nurse shall submit to the board
23	written evidence on forms furnished by the division of professional regulation, verified by oath,
24	that the applicant:
25	(1) Has completed at least an approved high school course of study or the equivalent
26	supported by diploma or certificate of the course of study as determined by the rules and
27	regulations of the state board of education;
28	(2) Has successfully completed the prescribed curriculum in an approved basic
29	professional nursing education program and holds a diploma from the program; and
30	(3) Is of good moral character.
31	SECTION 18. Section 5-35.1-3 of the General Laws in Chapter 5-35.1 entitled
32	“Optometrists” is hereby amended to read as follows:
33	5-35.1-3. Application for examination and license.
34	Every person desiring to be licensed to practice optometry as provided in this chapter
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1	shall file with the department, in the form prescribed by the department, an application, verified
2	by oath, presenting the facts which entitle the applicant to a license to practice optometry under
3	this chapter. No one shall be permitted to practice optometry in this state without a valid license.
4	SECTION 19. Section 5-37.2-12.1 of the General Laws in Chapter 5-37.2 entitled “The
5	Healing Art of Acupuncture and Oriental Medicine” is hereby amended to read as follows:
6	5-37.2-12.1. Examination requirements and issuance of license.
7	(a) No person shall be licensed as a doctor of acupuncture and Oriental medicine unless
8	he or she has passed the examination by the National Commission of Certification of
9	Acupuncture and Oriental Medicine. National Certification Commission for Acupuncture and
10	Oriental Medicine or successor entity.
11	(b) Before any applicant is eligible for licensure, he or she shall furnish satisfactory proof
12	that he or she:
13	(1) Is a United States citizen or legal alien;
14	(2) Has demonstrated proficiency in the English language;
15	(3) Is at least twenty one (21) years of age;
16	(4) Is of good moral character;
17	(5) Has completed an accredited program of at least thirty-six (36) months and not less
18	than twenty-five hundred (2,500) hours of training and has received a certificate or diploma from
19	an institute approved by the Accreditation Commission for Schools and Colleges of Acupuncture
20	and Oriental Medicine, according to the provisions of this chapter; provided, that this subdivision
21	does not apply to anyone licensed to practice under chapter 37 of this title who is qualified to take
22	and pass the test by the National Commission for the Certification of Acupuncture and Oriental
23	Medicine;
24	(6) Has completed a clinical internship training that is designated as appropriate by the
25	National Commission for the Certification of Acupuncture and Oriental Medicine; and
26	(7) Has three (3) letters of reference from reputable individuals other than relatives and at
27	least two (2) of which are from licensed or registered doctors of acupuncture and Oriental
28	medicine.
29	SECTION 20. Sections 5-40-6 and 5-40-6.1 of the General Laws in Chapter 5-40 entitled
30	“Physical Therapists” are hereby amended to read as follows:
31	5-40-6. Qualification of physical therapists.
32	Any applicant for licensure shall submit to the board written evidence on forms furnished
33	by the department of health, verified by oath, that the applicant meets all of the following
34	requirements:
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1	(1) Is at least eighteen (18) years of age;
2	(2) Is of good moral character;
3	(3) Has graduated from an education program in physical therapy accredited by the
4	Commission on Accreditation of Physical Therapy Education (CAPTE) or other accrediting
5	agency as approved by the department in consultation with the board, in the year of the
6	applicant's graduation; and
7	(4) Has passed the National Physical Therapy Examination (NPTE) of the Federation of
8	State
9	Boards of Physical Therapy (FSBPT) or other physical therapy certification examination
10	as approved by the department in consultation with the board to determine the applicant's fitness
11	to engage in the practice of physical therapy.
12	5-40-6.1. Qualifications of physical therapist assistants.
13	Any applicant for licensure shall submit to the board written evidence on forms furnished
14	by the department of health, verified by oath, that the applicant meets all of the following
15	requirements:
16	(1) Is at least eighteen (18) years of age;
17	(2) Is of good moral character;
18	(3) Has graduated from an educational program in physical therapy accredited by the
19	Commission on Accreditation of Physical Therapy Education (CAPTE) or other accrediting
20	agency as approved by the department in consultation with the board, in the year of said
21	applicant's graduation; and
22	(4) Has passed the National Physical Therapy Examination (NPTE) of the Federation of
23	State Boards of Physical Therapy (FSBPT) or other physical therapy assistant certification
24	examination as approved by the department in consultation with the board to determine the
25	applicant's fitness to engage in the practice of physical therapy.
26	SECTION 21. Section 5-40.1-8 of the General Laws in Chapter 5-40.1 entitled
27	“Occupational Therapy” is hereby amended to read as follows:
28	5-40.1-8. Requirements for licensure.
29	(a) Any applicant seeking licensure as an occupational therapist or occupational therapy
30	assistant in this state must:
31	(1) Be at least eighteen (18) years of age;
32	(2) Be of good moral character;
33	(3) Have successfully completed the academic requirements of an education program in
34	occupational therapy accredited by the American Occupational Therapy Association's
	LC003937 - Page 187 of 402
1	Accreditation Council for Occupational Therapy Education or other therapy accrediting agency
2	that may be approved by the board;
3	(4) Have successfully completed a period of supervised fieldwork experience arranged by
4	the recognized educational institution where he or she met the academic requirements:
5	(i) For an occupational therapist, a minimum of twenty-four (24) weeks of supervised
6	fieldwork experience shall be required;
7	(ii) For an occupational therapy assistant, a minimum of twelve (12) weeks shall be
8	required;
9	(5) Have successfully passed the National Certification Examination for Occupational
10	Therapists, Registered, or National Certification Examination for Occupational Therapy
11	Assistants, of the National Board for Certification in Occupational Therapy (NBCOT) or other
12	occupational therapy certification examination as approved by the board.
13	(b) Application for licensure to practice occupational therapy in this state either by
14	endorsement or by examination shall be made on forms provided by the division, which shall be
15	completed, notarized, and submitted to the board thirty (30) days prior to the scheduled date of
16	the board meeting. The application shall be accompanied by the following documents:
17	(1) Three (3) affidavits from responsible persons attesting to the applicant's good moral
18	character; Is of good moral character, evidenced in the manner prescribed by the department.
19	(2) For U.S. citizens: a certified copy of birth record or naturalization papers;
20	(3) For non-U.S. citizens: documented evidence of alien status, such as immigration
21	papers or resident alien card or any other verifying papers acceptable to the administrator;
22	(4) Documented evidence and supporting transcripts of qualifying credentials as
23	prescribed in this section;
24	(5) One unmounted passport photograph of the applicant (head and shoulder view)
25	approximately 2x3 inches in size;
26	(6) (5) A statement from the board of occupational therapy in each state in which the
27	applicant has held or holds licensure, or is otherwise subject to state regulation, to be submitted to
28	the board of this state attesting to the licensure status of the applicant during the time period the
29	applicant held licensure in that state; and
30	(7) (6) The results of the written national examination of the National Board for
31	Certification in Occupational Therapy (NBCOT).
32	(c)(1) Applicants seeking licensure as occupational therapists or occupational therapy
33	assistants are required to pass the national written examination of the National Board for
34	Certification in Occupational Therapy (NBCOT) approved by the board to test the applicant's
	LC003937 - Page 188 of 402
1	fitness to engage in the practice of occupational therapy pursuant to the provisions of this chapter.
2	(2) The date, time, and place of examinations shall be available from the National Board
3	for Certification in Occupational Therapy (NBCOT).
4	(d) In case any applicant fails to satisfactorily pass an examination, the applicant shall be
5	entitled to re-examination.
6	(e) Occupational therapists and occupational therapy assistants who are licensed or
7	regulated to practice under laws of another state or territory or the District of Columbia may,
8	upon receiving a receipt from the division, perform as an occupational therapist or occupational
9	therapy assistant under the supervision of a qualified and licensed occupational therapist or
10	occupational therapy assistant. If this applicant fails to receive licensure when the board reviews
11	the application, all previously mentioned privileges automatically cease.
12	(f) Applicants from foreign occupational therapy schools must meet the requirements of
13	the National Board for Certification in Occupational Therapy (NBCOT) and present evidence of
14	passage of the National Certification Examination for Occupational Therapists or the National
15	Certification Examination for Occupational Therapy Assistants of the NBCOT. Applicants must
16	meet all of the appropriate requirements for licensure to the satisfaction of the board and in
17	accordance with the statutory and regulatory provisions of this chapter.
18	SECTION 22. Section 5-44-9 of the General Laws in Chapter 5-44 entitled
19	“Psychologists” is hereby amended to read as follows:
20	5-44-9. Qualifications of psychologists.
21	An applicant for licensure shall submit to the board written evidence acceptable to the
22	department, verified under oath, that the applicant:
23	(1) Is of good moral character;
24	(2) Has received a doctorate degree in psychology from a college or university whose
25	program of study for that degree at that time meets or exceeds the stated requirements for
26	approval by the American Psychological Association, or its equivalent in terms of excellence of
27	education and training, or a doctorate degree in an allied field whose education and training
28	requirements are substantially similar to current American Psychological Association standards of
29	accreditation for the granting of a doctorate in psychology;
30	(3) Has had the requisite supervised experience as deemed acceptable to the board as
31	delineated in the rules and regulations;
32	(4) Has passed an examination conducted by the board to determine his or her
33	qualification for licensure as a psychologist, or is applying under the provisions of § 5-44-11;
34	SECTION 23. Sections 5-63.2-9 and 5-63.2-10 of the General Laws in Chapter 5-63.2
	LC003937 - Page 189 of 402
1	entitled “Mental Health Counselors and Marriage and Family Therapists” is hereby amended to
2	read as follows:
3	5-63.2-9. Qualifications of licensed clinical mental health counselors.
4	(a) An applicant for licensure shall submit to the board written evidence on forms
5	furnished by the division of professional regulation verified under oath that the applicant:
6	(1) Is of good character; and
7	(2) Has received a graduate degree specializing in counseling/therapy from a college or
8	university accredited by the New England Association of Schools and Colleges, or an equivalent
9	regional accrediting agency, and which has the approval by a cognizable national or regional
10	certifying authority; and
11	(3) Has completed sixty (60) semester hours or ninety (90) quarter hours within their
12	graduate counseling/therapy program; and
13	(4) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter
14	hours of supervised practicum and a minimum of one calendar year of supervised internship
15	consisting of twenty (20) hours per week or its equivalent with emphasis in mental health
16	counseling supervised by the department within the college or university granting the requisite
17	degree or by an accredited postgraduate clinical training program recognized by the United States
18	Department of Education, or education and/or experience which is deemed equivalent by the
19	board; and
20	(5) Has completed a minimum of two (2) years of relevant postgraduate experience,
21	including at least two thousand (2,000) hours of direct client contact offering clinical or
22	counseling or therapy services with emphasis in mental health counseling subsequent to being
23	awarded a master's degree, certificate of advanced graduate study or doctorate; and
24	(6) A minimum of one hundred (100) hours of post-degree supervised case work spread
25	over a two (2) year period; provided, that the supervision was provided by a person who at the
26	time of rendering the supervision was recognized by the board as an approved supervisor; and
27	(7) Has passed to the satisfaction of the board an examination conducted by it to
28	determine the applicant's qualification for licensure as a clinical mental health counselor or is
29	applying for licensure under the provisions of § 5-63.2-15.
30	(b) A candidate shall be held to have qualified for licensure as a clinical mental health
31	counselor upon the affirmative vote of at least four (4) members of the board, two (2) of whom
32	must be mental health counselors on the board.
33	5-63.2-10. Qualifications of licensed – Marriage and family therapists.
34	(a) An applicant for licensure shall submit to the board written evidence on forms
	LC003937 - Page 190 of 402
1	furnished by the division of professional regulation verified under oath that the applicant:
2	(1) Is of good character; and
3	(2) Has completed a graduate degree program specializing in marital and family therapy
4	from a college or university accredited by the New England Association of Schools and Colleges,
5	or an equivalent regional accreditation agency; and
6	(3) Has completed sixty (60) semester hours or ninety (90) quarter hours within their
7	graduate degree program specializing in marital and family therapy; and
8	(4) Has completed a minimum of twelve (12) semester hours or eighteen (18) quarter
9	hours of supervised practicum and a one calendar year of supervised internship consisting of
10	twenty (20) hours per week or its equivalent with emphasis in marriage and family therapy
11	supervised by the department within the college or university granting the requisite degree or by
12	an accredited postgraduate clinical training program, approved by the commission on
13	accreditation for marriage and family therapy education recognized by the United States
14	department of education or education and/or experience which is deemed equivalent by the board;
15	and
16	(5) Has had a minimum of two (2) years of relevant postgraduate experience, including at
17	least two thousand (2,000) hours of direct client contact offering clinical or counseling or therapy
18	services with emphasis in marriage and family therapy subsequent to being awarded a master's
19	degree or doctorate; and
20	(6) Has had a minimum of one hundred (100) hours of post-degree supervised case
21	spread over two (2) years; provided, that the supervision was provided by a person who at the
22	time of rendering the supervision was recognized by the board as an approved supervisor; and
23	(7) Has passed to the satisfaction of the board an examination conducted by it to
24	determine the applicant's qualifications for licensure as a marriage and family therapist or is
25	applying for licensure under the provisions of § 5-63.2-15.
26	(b) A candidate shall be qualified for licensure as a marriage and family therapist upon
27	the affirmative vote of at least four (4) members of the board, two (2) of whom must be marriage
28	and family therapists on the board.
29	SECTION 24. Section 5-86-9 of the General Laws in Chapter 5-86 entitled “Licensing of
30	Applied Behavior Analysts” is hereby amended to read as follows:
31	5-86-9. Qualifications and examinations for licensing.
32	(a) An applicant for licensure as a licensed applied behavior analyst shall submit to the
33	board written evidence on forms furnished by the department verified under oath (i.e. notarized)
34	that said applicant:
	LC003937 - Page 191 of 402
1	(1) Be of good moral character;
2	(2) Has obtained a graduate degree in applied behavior analysis or a related field, as
3	approved by the board, from a college or university accredited by the New England association of
4	schools and colleges, or an equivalent regional accrediting agency, and which has the approval by
5	a national or regional certifying authority, including but not limited to the applied behavior
6	analyst licensing board;
7	(3) Has successfully completed the amount of coursework in applied behavior analysis
8	acceptable to the board;
9	(4) Has appropriate supervised experience to include either: (i) One year, including one
10	thousand five hundred (1,500) hours of supervised independent fieldwork in applied behavior
11	analysis. The distribution of supervised independent fieldwork hours must be at least ten (10)
12	hours per week, but not more than thirty (30) hours per week, for a minimum of three (3) weeks
13	per month; (ii) One thousand (1,000) hours of practicum in behavior analysis within a university
14	experience program approved by the national or regional certifying authority. The distribution of
15	practicum hours must be at least ten (10) hours per week, but not more than twenty-five (25)
16	hours per week, for a minimum of three (3) weeks per month; or (iii) Seven hundred fifty (750)
17	hours of intensive practicum in behavior analysis within a university experience program
18	approved by the national or regional certifying authority. The distribution of intensive practicum
19	hours must be at least ten (10) hours per week, but not more than twenty-five (25) hours per
20	week, for a minimum of three (3) weeks per month;
21	(5) Has passed the relevant examination administered by an appropriate nationally
22	recognized accrediting organization as approved by the department of health for this function;
23	(6) Maintain active status and fulfill all relevant requirements for renewal and relicensing
24	with the nationally recognized and accredited organization(s) as approved by the department of
25	health licensing;
26	(7) Conducts his or her professional activities in accordance with accepted standards for
27	responsible professional conduct, as approved by the Rhode Island applied behavior analyst
28	licensing board; and
29	(8) Meets the criteria as established in § 5-86-12.
30	(b) An applicant for licensure as a licensed applied behavior assistant analyst shall submit
31	to the board written evidence on forms furnished by the department verified under oath (i.e.,
32	notarized) that said applicant:
33	(1) Be of good moral character;
34	(2) Has obtained a bachelor's degree in behavior analysis or a related field, as approved
	LC003937 - Page 192 of 402
1	by the board, from a college or university accredited by the New England Association of Schools
2	and Colleges,or an equivalent regional accrediting agency, and which has the approval by a
3	national or regional certifying authority, including, but not limited to, the applied behavior analyst
4	licensing board;
5	(3) Has successfully completed the amount of coursework in applied behavior analysis
6	acceptable to the board;
7	(4) Has appropriate supervised experience to include either: (i) One thousand (1,000)
8	hours of supervised independent fieldwork in applied behavior analysis. The distribution of
9	supervised independent fieldwork hours must be at least ten (10) hours per week, but not more
10	than thirty (30) hours per week, for a minimum of (3) three weeks per month; (ii) Six hundred
11	seventy (670) hours of practicum in behavior analysis within a university experience program
12	approved by the national or regional certifying board. The distribution of practicum hours must
13	be at least ten (10) hours per week, but not more than twenty-five (25) hours per week, for a
14	minimum of three (3) weeks per month; or (iii) Five hundred (500) hours of intensive practicum
15	in behavior analysis within a university experience program approved by the national or regional
16	certifying board. The distribution of intensive practicum hours must be at least ten (10) hours per
17	week, but
18	not more than twenty-five (25) hours per week, for a minimum of three (3) weeks per
19	month.
20	(5) Is supervised by a licensed applied behavior analyst in a manner consistent with the
21	board's requirements for supervision of licensed applied behavior assistant analysts;
22	(6) Has passed the examination administered by an appropriate nationally recognized
23	accrediting organization as approved by department of health licensing for this function;
24	(7) Maintain active status and fulfill all relevant requirements for renewal and relicensing
25	with the nationally recognized and accredited organization(s) as approved by the department of
26	health licensing;
27	(8) Conduct his or her professional activities in accordance with accepted standards for
28	responsible professional conduct, as required by the Rhode Island applied behavior analyst
29	licensure board; and
30	(9) Meet the criteria as established in § 5-86-11.
31	(c) applicant shall be judged to hold the equivalent requirement of a licensure as an
32	applied behavior analyst upon submission to the board, written evidence on forms furnished by
33	the department verified under oath (i.e., notarized), if the following equivalency requirements are
34	met to the satisfaction of the licensing board:
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1	(1) Has received a doctoral degree in psychology from a college or university accredited
2	by the New England association of schools and colleges, or an equivalent regional accrediting
3	agency, and which has the approval by a national or regional certifying authority;
4	(2) Be individually licensed by the department of health as a psychologist subject to
5	chapter 5-44;
6	(3) Be of good moral character;
7	(4) Has completed coursework in applied behavior analysis supervised by the department
8	within the college or university granting the requisite degree or by an accredited postgraduate
9	clinical training program recognized by the United States department of education, or education
10	and/or experience which is deemed equivalent by the board;
11	(5) Has completed one thousand five hundred (1,500) hours of direct client contact
12	offering applied behavior analysis services subsequent to being awarded a doctoral degree in
13	psychology;
14	(6) Conducts his or her professional activities in accordance with accepted standards for
15	responsible professional conduct, as required by the Rhode Island applied behavior analyst
16	licensure board; and
17	(7) Meets the criteria as established in 5-86-12.
18	SECTION 25. Section 21-9-3 of the General Laws in Chapter 21-9 entitled “Frozen
19	Desserts” is hereby amended to read as follows:
20	21-9-3. License fee.
21	(a) The annual fees for the following licenses shall be as set forth in § 23-1-54:
22	(1) Instate wholesale frozen dessert processors;
23	(2) Out of state wholesale frozen dessert processors; and
24	(3) Retail frozen dessert processors.
25	(b) Where a retail frozen dessert processor is also registered as a food service
26	establishment under §21-27-10 within a single location, the business shall not be required to pay
27	more than one single fee for the highest classified activity listed in §21-27-10(e) or subsection (a)
28	of this section.
29	SECTION 26. Section 21-27-11.5 of the General Laws in Chapter 21-27 entitled
30	“Sanitation in Food Establishments” is hereby amended to read as follows:
31	21-27-11.5. Recertification – Renewal.
32	Every holder of a certificate issued pursuant to these sections shall triennially, every five
33	years, present evidence to the division of continued eligibility as established by regulations. All
34	certificates issued pursuant to these sections shall expire triennially every five years on a date as
	LC003937 - Page 194 of 402
1	established in the rules and regulations unless sooner suspended or revoked. Application for
2	certification renewal shall be made as described in the rules and regulations. A triennial renewal
3	fee shall be required every five years. Managers of municipal or state food establishments shall be
4	exempt from payment of the fee set forth in this section.
5	SECTION 27. Section 23-1-54 of the General Laws in Chapter 23-1 entitled “Department
6	of Health” is hereby amended to read as follows:
7	23-1-54. Fees payable to the department of health.
8	Fees payable to the department shall be as follows:
9	PROFESSION RIGL Section Description of Fee FEE
10	Barbers/hairdressers 5-10-10(a) Renewal application $25.00
11	Barbers/hairdressers 5-10-10(a) Renewal application:
12	Manicuring Instructors and manicurists $25.00
13	Barbers/hairdressers 5-10-10(b) Minimum late renewal fee $25.00
14	Barbers/hairdressers 5-10-10(b) Maximum late renewal fee $100.00
15	Barbers/hairdressers 5-10-11[c] Application fee $25.00
16	Barbers/hairdressers 5-10-11[c] Application fee: manicuring
17	Instructors and manicurists $25.00
18	Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00
19	Barbers/hairdressers 5-10-15 Shop license: initial $170.00
20	Barbers/hairdressers 5-10-15 Shop license: renewal $170.00
21	Barbers/hairdressers 5-10-15(b) Initial: per licensed chair/station $50.00
22	Veterinarians 5-25-10 Application fee $40.00
23	Veterinarians 5-25-11 Examination fee $540.00
24	Veterinarians 5-25-12(a) Renewal fee $580.00
25	Veterinarians 5-25-12[c] Late renewal fee $120.00
26	Podiatrists 5-29-7 Application fee $240.00
27	Podiatrists 5-29-11 Renewal fee: minimum $240.00
28	Podiatrists 5-29-11 Renewal fee: maximum $540.00
29	Podiatrists 5-29-13 Limited registration $65.00
30	Podiatrists 5-29-14 Limited registration:
31	Academic faculty $240.00
32	Podiatrists 5-29-14 Application fee:
33	Renewal minimum $240.00
34	Podiatrists 5-29-14 Application fee:
	LC003937 - Page 195 of 402
1	Renewal maximum $440.00
2	Chiropractors 5-30-6 Examination fee: $210.00
3	Chiropractors 5-30-7 Examination exemption fee: $210.00
4	Chiropractors 5-30-8(b) Exam Physiotherapy $210.00
5	Chiropractors 5-30-8(b) Exam chiro and physiotherapy $210.00
6	Chiropractors 5-30-12 Renewal fee $210.00
7	Dentists/dental hygienists 5-31.1-6(d) Dentist: application fee $965.00
8	Dentists/dental hygienists 5-31.1-6(d) Dental hygienist: application fee $65.00
9	Dentists/dental hygienists 5-31.1-6(d) Reexamination: dentist $965.00
10	Dentists/dental hygienists 5-31.1-6(d) Reexamination: hygienist $65.00
11	Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee dentist $90.00
12	Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee hygienist $90.00
13	Dentists/dental hygienists 5-31.1-21(c) Inactive status: dentist $220.00
14	Dentists/dental hygienists 5-31.1-21(c) Inactive status: hygienist $40.00
15	Dentists/dental hygienists 5-31.1-22 Limited registration $65.00
16	Dentists/dental hygienists 5-31.1-23[c] Limited reg:
17	Academic faculty $965.00
18	Dentists/dental hygienists 5-31.1-23[c] Limited reg:
19	Academic faculty renewal $500.00
20	Electrolysis 5-32-3 Application fee $25.00
21	Electrolysis 5-32-6(b) Renewal fee $25.00
22	Electrolysis 5-32-7 Reciprocal license fee $25.00
23	Electrolysis 5-32-17 Teaching license $25.00
24	Funeral directors/embalmers 5-33.2-12 Funeral establishment license $120.00
25	Funeral services establishments
26	Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $90.00
27	funeral services establishments embalmer $30.00
28	Funeral directors/embalmers 5-33.2-12 Funeral branch ofc license $90.00
29	Funeral directors/embalmers 5-33.2-13.1 Crematories: application fee $120.00
30	Funeral services establishments
31	Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director
32	Funeral Svcs establishments establishment $120.00
33	Funeral directors/embalmers 5-33.2-15 Additional branch office
34	Funeral services Establishments licenses $120.00
	LC003937 - Page 196 of 402
1	Funeral directors/embalmers 5-33.2-15 Crematory renewal fee
2	Funeral svcs establishments $120.00
3	Funeral directors/embalmers 5-33.2-15 Late renewal fee
4	Funeral svcs establishments (All license types) $25.00
5	Funeral directors/embalmers 5-33.2-16(a) Intern registration fee
6	Funeral Services establishments $25.00
7	Nurses 5-34-12 RN Application fee $135.00
8	Nurses 5-34-16 LPN Application fee $45.00
9	Nurses 5-34-19 Renewal fee: RN $135.00
10	Nurses 5-34-19 Renewal fee: LPN $45.00
11	Nurses 5-34-37 RNP application fee $80.00
12	Nurses 5-34-37 RNP renewal fee $80.00
13	Nurses 5-34-37 RNP prescriptive privileges $65.00
14	Nurses 5-34-40.3 Clin nurse spec application $80.00
15	Nurses 5-34-40.3 Clin nurse spec renewal $80.00
16	Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00
17	Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00
18	Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00
19	Optometrists 5-35.1-4 Application fee $280.00
20	Optometrists 5-35.1-7 Renewal fee $280.00
21	Optometrists 5-35.1-7 Late fee $90.00
22	Optometrists 5-35.1-7 Reactivation of license fee $65.00
23	Optometrists 5-35.1-19(b) Violations of section $650.00
24	Optometrists 5-35.1-20 Violations of chapter $260.00
25	Opticians 5-35.2-3 Application fee $30.00
26	Physicians 5-37-2 Application fee $1,090.00
27	Physicians 5-37-2 Re-examination fee $1,090.00
28	Physicians 5-37-10(b) Late renewal fee $170.00
29	Physicians 5-37-16 Limited registration fee $65.00
30	Physicians 5-37-16.1 Ltd reg: academic faculty $600.00
31	Physicians 5-37-16.1 Ltd reg: academic
32	Faculty renewal $170.00
33	Acupuncture 5-37.2-10 Application fee $310.00
34	Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00
	LC003937 - Page 197 of 402
1	Licensure fee $170.00
2	Social workers 5-39.1-9 Application fee $70.00
3	Social workers 5-39.1-9 Renewal fee $70.00
4	Physical therapists 5-40-8 Application fee $155.00
5	Physical therapists 5-40-8.1 Application:
6	physical therapy assistants $50.00
7	Physical therapists 5-40-10(a) Renewal fee:
8	Physical therapists $155.00
9	Physical therapists 5-40-10(a) Renewal fee: Physical therapy
10	assistants $50.00
11	Physical therapists 5-40-10[c] Late renewals $50.00
12
13	Occupational therapists 5-40.1-12(2) Renewal fee $140.00
14	Occupational therapists 5-40.1-12(5) Late renewal fee $50.00
15	Occupational therapists 5-40.1-12(b) Reactivation fee $140.00
16	Occupational therapists 5-40.1-13 Application fee $140.00
17	Psychologists 5-44-12 Application fee $230.00
18	Psychologists 5-44-13 Temporary permit $120.00
19	Psychologists 5-44-15[c] Renewal fee $230.00
20	Psychologists 5-44-15(e) Late renewal fee $50.00
21	Nursing home administrators 5-45-10 Renewal fee $160.00
22	Speech pathologist/audiologists 5-48-1(14) Speech lang support personnel:
23	late filing $90.00
24	Speech pathologist/audiologists 5-48-9(a) Application fee: Audiologist $65.00
25	Speech pathologist/audiologists 5-48-9(a) Application fee:
26	speech Pathologist $145.00
27	Speech pathologist/audiologists 5-48-9(a) Renewal fee: Audiologist $65.00
28	Speech pathologist/audiologists 5-48-9(a) Renewal fee: Speech
29	Pathologist $145.00
30	Speech pathologist/audiologists 5-48-9(a) Provisional license: renewal fee $65.00
31	Speech pathologist/audiologists 5-48-9(b) Late renewal fee $50.00
32	Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00
33	Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00
34	speech pathologists $145.00
	LC003937 - Page 198 of 402
1	personnel: late filing $65.00
2	Hearing aid dealers/fitters 5-49-6(a) License endorsement
3	Examination fee $25.00
4	Hearing aid dealers/fitters 5-49-8(b) Temporary permit fee $25.00
5	Hearing aid dealers/fitters 5-49-8(d) Temporary permit renewal fee $35.00
6	Hearing aid dealers/fitters 5-49-11(1) License fee $25.00
7	Hearing aid dealers/fitters 5-49-11(b) License renewal fee $25.00
8	Hearing aid dealers/fitters 5-49-11[c] License renewal late fee $25.00
9	Physician assistants 5-54-9(4) Application fee $110.00
10	Physician assistants 5-54-11(b) Renewal fee $110.00
11	Orthotics/prosthetic practice 5-59.1-5 Application fee $120.00
12	Orthotics/prosthetic practice 5-59.1-12 Renewal fee $120.00
13	Athletic trainers 5-60-11 Application fee $60.00
14	Athletic trainers 5-60-11 Renewal fee $60.00
15	Athletic trainers 5-60-11 Late renewal fee $25.00
16	Mental health counselors 5-63.2-16 Application fee: marriage
17	Marriage and family therapists Family therapist $130.00
18	Mental health counselors 5-63.2-16 Application fee: mental
19	Marriage and family therapists Health counselors $70.00
20	Mental health counselors 5-63.2-16 Reexamination fee:
21	Marriage and family therapists Marriage/family therapist $130.00
22	Mental health counselors 5-63.2-16 Reexamination fee:
23	Marriage and family therapists Mental health counselors $ 70.00
24	Mental health counselors 5-63.2-17(a) Renewal fee: marriage
25	Marriage and Family therapists Family therapist $130.00
26	Mental health counselors 5-63.2-17(a) Renewal fee:
27	Marriage and Family therapist Mental health counselor $50.00
28	Mental health counselors 5-63.2-17(b) Late renewal fee
29	Marriage and Family therapist Marriage and family therapist $90.00
30	Dieticians/nutritionists 5-64-6(b) Application fee $75.00
31	Dieticians/nutritionists 5-64-7 Graduate status:
32	Application fee: $75.00
33	Dieticians/nutritionists 5-64-8 Renewal fee $75.00
34	Dieticians/nutritionists 5-64-8 Reinstatement fee $75.00
	LC003937 - Page 199 of 402
1	Radiologic technologists 5-68.1-10 Application fee maximum $190.00
2	Licensed chemical dependency professionals 5-69-9 Application fee
3	$75.00
4	Licensed chemical dependency professionals 5-69-9 Renewal fee
5	$75.00
6	Licensed chemical 5-69-9 Application fee $75.00
7	Licensed chemical 5-69-9 Application fee $75.00
8	dependency clinical supervisor
9	Licensed chemical 5-69-9 Renewal fee $75.00
10	dependency clinical supervisor
11	Deaf interpreters 5-71-8(3) License fee maximum $25.00
12	Deaf interpreters 5-71-8(3) License renewal fee $25.00
13	Milk producers 21-2-7(g)(1) In-state milk processor $160.00
14	Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00
15	Milk producers 21-2-7(g)(3) Milk distributors $160.00
16	Frozen desserts 21-9-3(1) In-state wholesale $550.00
17	Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00
18	Frozen desserts 21-9-3(3) Retail frozen dess processors $160.00
19	Meats 21-11-4 Wholesale $160.00
20	Meats 21-11-4 Retail $40.00
21	Shellfish packing houses 21-14-2 License fee:
22	Shipper/reshipper $320.00
23	Shellfish packing houses 21-14-2 License fee:
24	Shucker packer/repacker $390.00
25	Non-alcoholic bottled 21-23-2 Bottler permit
26	Beverages, Drinks & juices $550.00
27	Non-alcoholic bottled 21-23-2 Bottle apple cider fee
28	beverages, drinks and juices $60.00
29	Farm home food manufacturers 21-27-6.1(4) Registration fee $65.00
30	Food businesses 21-27-10(e)(1) Food processors wholesale $500.00 $300.00
31	Food businesses 21-27-10(e)(2) Food processors retail $120.00
32	Food businesses 21-27-10(e)(3) Food service establishments
33	>50 seats $160.00
34	Food businesses 21-27-10(e)(3) Food service establishments
	LC003937 - Page 200 of 402
1	>50 seats $240.00
2	Food businesses 21-27-10(e)(3) Mobile food service units $100.00
3	Food businesses 21-27-10(e)(3) Industrial caterer or food vending
4	Machine commissary $280.00
5	Food businesses 21-27-10(e)(3) Cultural heritage educational
6	Facility $ 80.00
7	Food businesses 21-27-10(e)(4) Vending Machine Location
8	> 3 units $50.00
9	Food businesses 21-27-10(e)(4) Vending Machine
10	Location 4-10 units $100.00
11	Food businesses 21-27-10(e)(4) Vending Machine Location = 11 units
12	$120.00
13	Food businesses 21-27-10(e)(5) Retail Mkt
14	1-2 cash registers $120.00
15	Food businesses 21-27-10(e)(5) Retail Market
16	3-5 cash registers $240.00
17	Food businesses 21-27-10(e)(5) Retail Market = 6
18	Cash registers $510.00
19	Food businesses 21-27-10(e)(6) Retail food peddler $100.00
20	Food businesses 21-27-10(e)(7) Food warehouses $190.00
21	Food businesses 21-27-11.2 Certified food safety mgr $50.00
22	License verification fee 23-1-16.1 All license types $50.00
23	Tattoo and body piercing 23-1-39 Annual registration fee:
24	Person $90.00
25	Tattoo and body piercing 23-1-39 Annual registration fee:
26	establishment $90.00
27	Vital records 23-3-25(a)(1) Certificate of birth, fetal death,
28	Death, marriage, birth, or
29	Certification that such record
30	Cannot be found $20.00
31	Vital records 23-3-25(a)(1) Each duplicate of certificate
32	of birth, fetal death, death, marriage,
33	Birth, or certification that such record
34	cannot be found $15.00
	LC003937 - Page 201 of 402
1	Vital records 23-3-25(a)(2) Each additional calendar year
2	Search, if within 3 months of
3	original search and if receipt of original
4	search presented $2.00
5	Vital records 23-3-25(a)(3) Expedited service $7.00
6	Vital records 23-3-25(a)(4) Adoptions, legitimations, or
7	Paternity determinations $15.00
8	Vital records 23-3-25(a)(5) Authorized corrections,
9	Alterations, and additions $10.00
10	Vital records 23-3-25(a)(6) Filing of delayed record and
11	Examination of documentary
12	Proof $20.00
13	Vital records 23-3-25(a)(6) Issuance of certified copy
14	of a delayed record $20.00
15	Medical Examiner 23-4-13 Autopsy reports $40.00
16	Medical Examiner 23-4-13 Cremation certificates
17	and statistics $30.00
18	Medical Examiner 23-4-13 Testimony in civil suits:
19	Minimum/day $650.00
20	Medical Examiner 23-4-13 Testimony in civil suits:
21	Maximum/day $3,250.00
22	Emergency medical technicians 23-4.1-10[c] Annual fee: ambulance
23	Service maximum $540.00
24	Emergency medical technicians 23-4.1-10[c] Annual fee: vehicle license
25	maximum $275.00
26	Emergency medical technicians 23-4.1-10[c] Triennial fee: EMT license
27	maximum $120.00
28	Emergency medical technicians 23-4.1-10(2) Exam fee maximum: EMT $120.00
29	Emergency medical technicians 23-4.1-10(2) Vehicle inspection
30	Maximum $190.00
31	Clinical laboratories 23-16.2-4(a) Clinical laboratory license
32	per specialty $650.00
33	Clinical laboratories 23-16.2-4(a) Laboratory station license $650.00
34	Clinical laboratories 23-16.2-4(b) Permit fee $70.00
	LC003937 - Page 202 of 402
1	Health care facilities 23-17-38 Hospital: base fee annual $16,900.00
2	Health care facilities 23-17-38 Hospital: annual per bed fee $120.00
3	Health care facilities 23-17-38 ESRD: annual fee $3,900.00
4	Health care facilities 23-17-38 Home nursing-care/home
5	care providers $650.00
6	Health care facilities 23-17-38 OACF: annual fee $650.00
7	Assisted living residences/ 23-17.4-15.2(d) License application fee: $220.00
8	administrators
9	Assisted living residences/ 23-17.4-15.2(d) License renewal fee: $220.00
10	administrators
11	Assisted living residences 23-17.4-31 Annual facility fee: base $330.00
12	Assisted living residences 23-17.4-31 Annual facility per bed $70.00
13	Nursing assistant registration 23-17.9-3 Application: competency
14	evaluation training
15	program maximum $325.00
16	Nursing assistant registration 23-17.9-5 Application fee $35.00
17	Nursing assistant registration 23-17.9-5 Exam fee: skills proficiency $170.00
18	Nursing assistant registration 23-17.9-6 Registration fee $35.00
19	Nursing assistant registration 23-17.9-7 Renewal fee $35.00
20	Sanitarians 23-19.3-5(a) Registration fee $25.00
21	Sanitarians 23-19.3-5(b) Registration renewal $25.00
22	Massage therapy 23-20.8-3(e) Massage therapist appl fee $65.00
23	Massage therapy 23-20.8-3(e) Massage therapist renewal fee $65.00
24	Recreational facilities 23-21-2 Application fee $160.00
25	Swimming pools 23-22-6 Application license:
26	first pool $250.00
27	Swimming pools 23-22-6 Additional pool
28	fee at same location $75.00
29	Swimming pools 23-22-6 Seasonal application license:
30	first pool $150.00
31	Swimming pools 23-22-6 Seasonal additional pool
32	fee at same location $75.00
33	Swimming pools 23-22-6 Year-round license
34	for non-profit $25.00
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1	Swimming pools 23-22-10 Duplicate license $2.00
2	Swimming pools 23-22-12 Penalty for violations $50.00
3	Respiratory care practitioners 23-39-11 Application fee $60.00
4	Respiratory care practitioners 23-39-11 Renewal fee $60.00
5	SECTION 28. Section 23-20.8-5 of the General Laws in Chapter 23-20.8 entitled
6	“Licensing of Massage Therapists” is hereby amended to read as follows:
7	23-20.8-5. Application for license – Issuance or denial of license – Minimum
8	qualifications.
9	(a) Every person desiring to begin the practice of massage therapy, except exempt
10	persons as provided in this chapter, shall present satisfactory evidence to the division of
11	professional regulation of the department of health, verified by oath, that he or she is:
12	(1) Over eighteen (18) years of age; (2) Of good moral character (via background check
13	in accordance with § 23-20.8-3); (3) Has successfully completed an educational program, meeting
14	minimum requirements established by the board, including at least five hundred (500) hours of
15	in-class, hands-on and supervised coursework and clinical work; and
16	(4) Has successfully completed an examination approved by the board. Any examination
17	approved by the board must meet generally recognized standards including development through
18	the use of a job-task analysis and must meet appropriate psychometric standards.
19	(b) The department may grant a license to any applicant satisfying the requirements of
20	subdivisions 23-20.8-5(a)(1) and (2), has completed all appropriate forms, paid all appropriate
21	fees and has met substantially equivalent standards in obtaining a valid license, permit, certificate
22	or registration issued by any other state or territory of the United States or by a foreign country.
23	(c) The department shall, within sixty (60) days from the time any application for a
24	license is received, grant the applications and issue a license to practice massage for a year from
25	that date if the department is satisfied that the applicant complies with the rules and regulations
26	promulgated in accordance with this chapter. An applicant, whose criminal records check reveals
27	a conviction for any sexual offense, including, but not limited to, those offenses defined in
28	chapters 34 and 37 of title 11, shall be denied a license under this chapter.
29	(d) The fee for original application for licensure as a massage therapist and the fee for
30	annual license renewal shall be determined by the board and shall not exceed one hundred dollars
31	($100).
32	SECTION 29. Sections 23-20.8.1-1 and 23-20.8.1-6 of the General Laws in Chapter 23-
33	20.8.1 entitled “Registration of Music Therapists” are hereby amended to read as follows:
34	23-20.8.1-1. Definitions.
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1	As used in this chapter:
2	(1) "Board certified music therapist" means an individual who has completed the
3	education and clinical training requirements established by the American Music Therapy
4	Association; has passed the certification board for music therapists certification examination; or
5	transitioned into board certification, and remains actively certified by the certification board for
6	music therapists.
7	(2) "Music therapist" means a person registered to practice music therapy pursuant to this
8	chapter.
9	(3) "Music therapy" means the clinical and evidence based use of music interventions to
10	accomplish individualized goals within a therapeutic relationship through an individualized music
11	therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of
12	the music therapy services appropriate for the client using music therapy interventions, which
13	may include music improvisation, receptive music listening, song writing, lyric discussion, music
14	and imagery, music performance, learning through music, and movement to music. Music therapy
15	is a distinct and separate profession from other licensed, certified, or regulated professions,
16	including speech-language pathology. The practice of music therapy does not include the
17	diagnosis of any physical, mental, or communication disorder. This term may include:
18	(i) Accepting referrals for music therapy services from medical, developmental, mental
19	health, or education professionals; family members; clients; or caregivers. Before providing
20	music therapy services to a client for a medical, developmental, or mental health condition, the
21	registrant shall collaborate, as applicable, with the client's physician, psychologist, or mental
22	health professional to review the client's diagnosis, treatment needs, and treatment plan. During
23	the provision of music therapy services to a client, the registrant shall collaborate, as applicable,
24	with the client's treatment team;
25	(ii) Conducting a music therapy assessment of a client to collect systematic,
26	comprehensive, and accurate information necessary to determine the appropriate type of music
27	therapy services to provide for the client;
28	(iii) Developing an individualized music therapy treatment plan for the client;
29	(iv) Carrying out an individualized music therapy treatment plan that is consistent with
30	any other medical, developmental, mental health, or educational services being provided to the
31	client;
32	(v) Evaluating the client's response to music therapy and the individualized music therapy
33	treatment plan and suggesting modifications, as appropriate;
34	(vi) Developing a plan for determining when the provision of music therapy services is
	LC003937 - Page 205 of 402
1	no longer needed in collaboration with the client, any physician, or other provider of healthcare or
2	education of the client, any appropriate member of the family of the client, and any other
3	appropriate person upon whom the client relies for support;
4	(vii) Minimizing any barriers so that the client may receive music therapy services in the
5	least restrictive environment; and
6	(viii) Collaborating with and educating the client and the family or caregiver of the client
7	or any other appropriate person about the needs of the client that are being addressed in music
8	therapy and the manner in which the music therapy addresses those needs.
9	(4) "Office" means the department of health business regulation.
10	(5) "Director" means the director of the department of health business regulation or his or
11	her designee.
12	23-20.8.1-6. Rules and regulations.
13	The director is authorized to adopt, modify, repeal, and promulgate rules and regulations
14	in accordance with the purposes of this chapter, and only after procedures in accordance with the
15	administrative procedures act (chapter 35 of title 42) have been followed. The director is further
16	authorized to assess fees for registrations as set by the department issued in accordance with rules
17	and regulations promulgated pursuant to the authority conferred by this chapter, provided that
18	those fees are assessed only after procedures in accordance with the administrative procedures act
19	(chapter 35 of title 42) have been followed. All fees shall be deposited into the general fund as
20	general revenue.
21	SECTION 30. Section 31-44-17 of the General Laws in Chapter 31-44 entitled “Mobile
22	and Manufactured Homes” is hereby amended to read as follows:
23	31-44-17. Filing of complaint with department – Notice – Rules of evidence not
24	binding.
25	(a) Any resident of a mobile and manufactured housing park or any owner of a mobile
26	and manufactured housing park may petition the director by filing a complaint with the
27	department of business regulation. and paying a twenty-five dollar ($25.00) filing fee which shall
28	be used to defray the costs of the director. The filing fee may be waived by the director if he or
29	she or his or her agent determines that the fee will cause an unfair financial burden on the
30	petitioner. After review of the claim and a decision by the director that the matter has merit and is
31	not frivolous, the director shall schedule a hearing within sixty (60) days from receipt of the
32	claim. If the director finds the claim to be without merit or to be frivolous, the director shall
33	dismiss the complaint and explain in writing to the complainant his or her reasons for dismissing
34	the complaint.
	LC003937 - Page 206 of 402
1	(b) The director or his or her agent shall serve notice, in writing, of the time and place of
2	the hearing upon all appropriate parties at least twenty (20) days prior to the date of the hearing.
3	Both parties to the complaint may be represented by counsel.
4	(c) The director or his or her agent shall not be bound by common law or statutory rules
5	of evidence but may admit all testimony having a reasonable probative value. Complaints filed
6	shall be handled in accordance with the departments' rules of practice and the Administrative
7	Procedures Act, chapter 35 of title 42. It may exclude evidence which, in the opinion of the
8	director or his or her agent, is immaterial, irrelevant, or unduly repetitious.
9	SECTION 31. Section 39-12-7 of the General Laws in Chapter 39-12 entitled “Motor
10	Carriers of Property” is hereby amended to read as follows:
11	39-12-7. Issuance of certificate to common carrier.
12	A certificate shall be issued by the administrator, after a hearing, to any qualified
13	applicant therefor, authorizing the whole or any part of the operations covered by the application,
14	if it is found that the applicant is fit, willing, and able properly to perform the service proposed
15	and to conform to the provisions of this chapter and the requirements, orders, rules, and
16	regulations of the administrator thereunder, and that the proposed service, to the extent to be
17	authorized by the certificate, is or will be required by the present or future public convenience
18	and necessity; otherwise the application shall be denied. Any certificate issued under this chapter
19	shall specify the service to be rendered. and the routes over which, the fixed termini, if any,
20	between which, if any, at which, and, in case of operations not over specified routes or between
21	fixed termini, the points and places within which, or between which the motor carrier is
22	authorized to operate; and there shall, at the time of the issuance and from time to time thereafter,
23	be attached to the exercise of the privileges granted by the certificate such reasonable terms,
24	conditions, and limitations as the public convenience and necessity may from time to time
25	require; provided, however, that no terms, conditions, or limitations shall restrict the right of the
26	carrier to add to his or her or its equipment and facilities, between which or within the territory
27	specified in the certificate as the development of the business and the demands of the business
28	shall require. Certificates issued under this chapter shall be renewed before the close of business
29	on December 31 of each calendar year. The renewal fee shall be one hundred dollars ($100) and
30	shall be submitted with the renewal form. All revenues received under this section shall be
31	deposited as general revenues. No certificate shall be issued to a common carrier by motor
32	vehicle or, when issued, shall remain in force authorizing the transportation of property over the
33	publicly used highways of this state, unless the rates and charges upon which the property is
34	transported by the carrier shall have been published in the tariff and filed with the administrator in
	LC003937 - Page 207 of 402
1	accordance with this chapter.
2	SECTION 32. Section 44-19-1 of the General Laws in Chapter 44-19 entitled “Sales and
3	Use Taxes – Enforcement and Collection” is hereby amended to read as follows:
4	44-19-1. Annual permit required – Retail business subject to sales tax – Promotion
5	of shows – Revocation of show permit.
6	(a)(1) Every person desiring to engage in or conduct within this state a business of
7	making sales at retail, or engage in a business of renting living quarters in any hotel, rooming
8	house, or tourist camp, the gross receipts from which sales or rental charges are required to be
9	included in the measure of the tax imposed under chapter 18 of this title, shall file with the tax
10	administrator an application for a permit for each place of business. The application shall be in a
11	form, include information, and bear any signatures that the tax administrator may require. At the
12	time of making an application, the applicant shall pay to the tax administrator a permit fee of ten
13	dollars ($10.00) for each permit. Every permit issued under this chapter expires on June 30 of
14	each year or at any other date as determined by the tax administrator.
15	(2) Every permit holder shall annually, on or before February 1 of each year, or at any
16	other date as determined by the tax administrator, renew its permit by filing an application for
17	renewal along with a ten dollar ($10.00) renewal fee. The renewal permit is valid for the period
18	July 1 of that calendar year through June 30 of the subsequent calendar year, or for any other
19	period as determined by the tax administrator, unless otherwise canceled, suspended or revoked.
20	All fees received under this section are allocated to the tax administrator for enforcement and
21	collection of all taxes.
22	(b) Every promoter of a show shall, at least ten (10) days prior to the opening of each
23	show, file with the tax administrator a notice stating the location and dates of the show, in a form
24	prescribed by the tax administrator.
25	(2) The tax administrator shall, within five (5) days after the receipt of that notice, issue
26	to the promoter, without charge, a permit to operate the show, unless the provisions of
27	subdivision (5) of this subsection have been applied to the promoter. No promoter may operate a
28	show without obtaining the permit. The permit shall be prominently displayed at the main
29	entrance of the show.
30	(3) Any promoter who is a retailer shall comply with all of the provisions of this chapter
31	and chapter 18 relating to retailers, in addition to all of the provisions of this chapter relating to
32	promoters.
33	(4) A promoter may not permit any person to display or sell tangible personal property,
34	services, or food and drink at a show unless that person is registered under subsection (a) of this
	LC003937 - Page 208 of 402
1	section and displays his or her permit in accordance with the provisions of subsection (a) of this
2	section.
3	(5) Any promoter who permits any person to display or sell tangible personal property,
4	services, or food and drink at a show who is not registered, or does not display a permit, or fails
5	to keep a record or file a monthly report of the name, address and permit number of every person
6	whom the promoter permitted to sell or display tangible personal property, services, or food and
7	drink at a show, is subject to revocation of all existing permits issued pursuant to this section to
8	operate a show, and to the denial of a permit to operate any show for a period of not more than
9	two (2) years, in addition to the provisions of § 44-19-31.
10	SECTION 33. This Article shall take effect July 1, 2018.
11	ARTICLE 7
12	RELATING TO FEES
13	SECTION 1. Section 7-11-307 of the General Laws in Chapter 7-11 entitled “Rhode
14	Island Uniform Securities Act” is hereby amended as follows:
15	7-11-307. Federal covered securities.
16	(a) The director may require by rule or order the filing of any or all of the following
17	documents with respect to a covered security under § 18(b)(2) of the Securities Act of 1933, 15
18	U.S.C. § 77r(b)(2):
19	(1) Prior to the initial offer of a federal covered security in this state, all documents that
20	are part of a current federal registration statement filed with the U.S. Securities and Exchange
21	Commission under the Securities Act of 1933, 15 U.S.C. § 77a et seq., or, in lieu of filing the
22	registration statement, a notice as prescribed by the director by rule or otherwise, together with a
23	consent to service of process signed by the issuer and with a nonrefundable fee of one-tenth of
24	one percent (0.1%) of the maximum aggregate offering price at which the federal covered
25	securities are to be offered in this state, but not less than three hundred dollars ($300) or more
26	than one thousand five hundred dollars ($1,0500).
27	(2) An open end management company, a face amount certificate company, or a unit
28	investment trust, as defined in the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq.,
29	may shall file a notice for an indefinite amount of securities. The issuer, at the time of filing, shall
30	pay a nonrefundable fee of one thousand five hundred dollars ($1,0500).
31	(3) After the initial offer of the federal covered security in this state, all documents that
32	are part of an amendment to a current federal registration statement filed with the U.S. Securities
33	and Exchange Commission under the Securities Act of 1933, are filed concurrently with the
34	director.
	LC003937 - Page 209 of 402
1	(4) Unless otherwise extended by the director, an initial notice filing under this
2	subsection or subsection (b) is effective for one year commencing upon the date the notice or
3	registration statement, as applicable, is received by the director unless a later date is indicated by
4	the issuer. A notice filing may be renewed by filing a renewal notice as prescribed by the director
5	and paying a renewal fee of one thousand five hundred dollars ($1,0500).
6	(b) Regarding any security that is a covered security under § 18(b)(3) of the Securities
7	Act of 1933, unless the security is exempted by Section 7-11-401 or is sold in an exempt
8	transaction under Section 7-11-402, the issuer shall file a notice prior to the initial offer of such
9	security in this state. Such notice filing shall include a uniform application adopted by the
10	director, a consent to service of process, and the payment of a nonrefundable fee as prescribed in
11	a(1) above.
12	(bc) Regarding any security that is a covered security under § 18(b)(4)(D) of the
13	Securities Act of 1933, 15 U.S.C. § 77r(b)(4)(D), the director may by rule or otherwise require
14	the issuer to file a notice on SEC Form D and a consent to service of process signed by the issuer
15	no later than fifteen (15) days after the first sale of the federal covered security in this state,
16	together with Form U-2, Form D and a nonrefundable fee of three hundred dollars ($300).
17	(cd) The director may by rule or otherwise require the filing of any document filed with
18	the U.S. Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. § 77a
19	et seq., with respect to a covered security under § 18(b)(3) or (4) of the Securities Act of 1933, 15
20	U.S.C. § 77r(b)(3) or (4), together with a notice and fees as defined in subparagraph (a)(1).
21	(de) The director may issue a stop order suspending the offer and sale of a federal
22	covered security, except a covered security under § 18(b)(1) of the Securities Act of 1933, 15
23	U.S.C. § 77r(b)(1), if the director finds that (1) the order is in the public interest and (2) there is a
24	failure to comply with any condition established under this section.
25	(e) Notwithstanding the provisions of this section, until October 11, 1999, the director
26	may require the registration of any federal covered security for which the fees required by this
27	section have not been paid promptly following written notification from the director to the issuer
28	of the nonpayment or underpayment of the fees. An issuer is considered to have promptly paid
29	the fees if they are remitted to the director within fifteen (15) days following the person's receipt
30	of written notification from the director.
31	(f) The director may by rule or order waive any or all of the provisions of this section.
32	SECTION 2. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled
33	“Licensing of Health-Care Facilities” is hereby amended to read as follows:
34	23-17-38.1. Hospitals – Licensing fee. – (a) There is also imposed a hospital licensing
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1	fee at the rate of five and six hundred fifty- two thousandths percent (5.652%) upon the net
2	patient-services revenue of every hospital for the hospital's first fiscal year ending on or after
3	January 1, 2015, except that the license fee for all hospitals located in Washington County, Rhode
4	Island shall be discounted by thirty-seven percent (37%). The discount for Washington County
5	hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human
6	Services of a state plan amendment submitted by the executive office of health and human
7	services for the purpose of pursuing a waiver of the uniformity requirement for the hospital
8	license fee. This licensing fee shall be administered and collected by the tax administrator,
9	division of taxation within the department of revenue, and all the administration, collection, and
10	other provisions of chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to
11	the tax administrator on or before July 10, 2017, and payments shall be made by electronic
12	transfer of monies to the general treasurer and deposited to the general fund. Every hospital shall,
13	on or before June 14, 2017, make a return to the tax administrator containing the correct
14	computation of net patient-services revenue for the hospital fiscal year ending September 30,
15	2015, and the licensing fee due upon that amount. All returns shall be signed by the hospital's
16	authorized representative, subject to the pains and penalties of perjury.
17	(b)(a) There is also imposed a hospital licensing fee at the rate of five and eight hundred
18	fifty-six thousandths percent (5.856%) upon the net patient-services revenue of every hospital for
19	the hospital's first fiscal year ending on or after January 1, 2016, except that the license fee for all
20	hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent
21	(37%). The discount for Washington County hospitals is subject to approval by the Secretary of
22	the U.S. Department of Health and Human Services of a state plan amendment submitted by the
23	executive office of health and human services for the purpose of pursuing a waiver of the
24	uniformity requirement for the hospital license fee. This licensing fee shall be administered and
25	collected by the tax administrator, division of taxation within the department of revenue, and all
26	the administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every
27	hospital shall pay the licensing fee to the tax administrator on or before July 10, 2018, and
28	payments shall be made by electronic transfer of monies to the general treasurer and deposited to
29	the general fund. Every hospital shall, on or before June 14, 2018, make a return to the tax
30	administrator containing the correct computation of net patient-services revenue for the hospital
31	fiscal year ending September 30, 2016, and the licensing fee due upon that amount. All returns
32	shall be signed by the hospital's authorized representative, subject to the pains and penalties of
33	perjury.
34	(b) There is also imposed a hospital licensing fee at the rate of five and eight hundred
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1	fifty-six thousandths percent (5.856%) of upon the net patient-services revenue of every hospital
2	for the hospital's first fiscal year ending on or after January 1, 2017, except that the license fee for
3	all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven
4	percent (37%). The discount for Washington County hospitals is subject to approval by the
5	Secretary of the U.S. Department of Health and Human Services of a state plan amendment
6	submitted by the executive office of health and human services for the purpose of pursuing a
7	waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be
8	administered and collected by the tax administrator, division of taxation within the department of
9	revenue, and all the administration, collection, and other provisions of chapter 51 of title 44 shall
10	apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 10,
11	2019, and payments shall be made by electronic transfer of monies to the general treasurer and
12	deposited to the general fund. Every hospital shall, on or before June 14, 2019, make a return to
13	the tax administrator containing the correct computation of net patient-services revenue for the
14	hospital fiscal year ending September 30, 2017, and the licensing fee due upon that amount. All
15	returns shall be signed by the hospital's authorized representative, subject to the pains and
16	penalties of perjury.
17	(c) For purposes of this section the following words and phrases have the following
18	meanings:
19	(1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,
20	licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on
21	that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23
22	(hospital conversions) and §23-17-6(b) (change in effective control), that provides short-term
23	acute inpatient and/or outpatient care to persons who require definitive diagnosis and treatment
24	for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the
25	negotiated Medicaid managed care payment rates for a court-approved purchaser that acquires a
26	hospital through receivership, special mastership, or other similar state insolvency proceedings
27	(which court-approved purchaser is issued a hospital license after January 1, 2013) shall be based
28	upon the newly negotiated rates between the court-approved purchaser and the health plan, and
29	such rates shall be effective as of the date that the court-approved purchaser and the health plan
30	execute the initial agreement containing the newly negotiated rate. The rate-setting methodology
31	for inpatient hospital payments and outpatient hospital payments set forth in §§ 40-8-
32	13.4(b)(1)(B)(iii) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases
33	for each annual twelve-month (12) period as of July 1 following the completion of the first full
34	year of the court-approved purchaser's initial Medicaid managed care contract.
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1	(2) "Gross patient-services revenue" means the gross revenue related to patient care
2	services.
3	(3) "Net patient-services revenue" means the charges related to patient care services less
4	(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.
5	(d) The tax administrator shall make and promulgate any rules, regulations, and
6	procedures not inconsistent with state law and fiscal procedures that he or she deems necessary
7	for the proper administration of this section and to carry out the provisions, policy, and purposes
8	of this section.
9	(e) The licensing fee imposed by this section shall apply to hospitals as defined herein
10	that are duly licensed on July 1, 2017 2018, and shall be in addition to the inspection fee imposed
11	by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1.
12	SECTION 3. Section 27-10-3 of the General Laws in Chapter 27-10 entitled “Claim
13	Adjusters” is hereby amended to read as follows:
14	27-10-3. Issuance of license.
15	(a) The insurance commissioner may issue to any person a license to act as either a public
16	adjuster; company adjuster; or independent adjuster once that person files an application in a
17	format prescribed by the department and declares under penalty of suspension, revocation, or
18	refusal of the license that the statements made in the application are true, correct, and complete to
19	the best of the individual's knowledge and belief. Before approving the application, the
20	department shall find that the individual:
21	(1) Is at least eighteen (18) years of age;
22	(2) Is eligible to designate this state as his or her home state;
23	(3) Is trustworthy, reliable, and of good reputation, evidence of which shall be determined
24	by the department;
25	(4) Has not committed any act that is a ground for probation, suspension, revocation, or
26	refusal of a professional license as set forth in § 27-10-12;
27	(5) Has successfully passed the examination for the line(s) of authority for which the
28	person has applied;
29	(6) Has paid a fee of one two hundred and fifty dollars ($150250).
30	(b) A Rhode Island resident business entity acting as an insurance adjuster may elect to
31	obtain an insurance adjusters license. Application shall be made using the uniform business entity
32	application. Prior to approving the application, the insurance commissioner shall find both of the
33	following:
34	(1) The business entity has paid the appropriate fees.
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1	(2) The business entity has designated a licensed adjuster responsible for the business
2	entity's compliance with the insurance laws and rules of this state.
3	(c) The department may require any documents reasonably necessary to verify the
4	information contained in the application.
5	SECTION 4. Section 42-28-26 of the General Laws in Chapter 42-28 entitled “State
6	Police” is hereby repealed.
7	42-28-26. Location of school.
8	The municipal police training school shall be maintained by the state and located on the
9	premises of the University of Rhode Island and such other state-owned property as the
10	superintendent of the state police, with the consent of the governor, may from time to time
11	determine.
12	SECTION 5. Chapter 42-28 of the General Laws entitled “State Police” is hereby
13	amended by adding thereto the following section:
14	42-28-25.2. Establishment of Municipal Police Training Tuition and Fees Account.
15	(a) There is hereby created within the department of public safety a restricted receipt
16	account to be known as the municipal police training tuition and fees account.
17	(b) Tuition and fees collected pursuant to § 42-28-31, and physical fitness fees collected
18	pursuant to § 42-28-25, shall be deposited in this account and be used to fund costs associated
19	with the municipal police training school.
20	(c) All amounts deposited into the municipal police training tuition and fees account shall
21	be exempt from the indirect cost recovery provisions of § 35-4-27.
22	SECTION 6. Sections 42-28-25 and 42-28-31 of the General Laws in Chapter 42-28
23	entitled “State Police” are hereby amended to read as follows:
24	42-28-25. State and municipal police training school established.
25	(a) Within the Rhode Island state police there is hereby created and established a state
26	and municipal police training school.
27	(b) The superintendent of the state police shall have supervision of the state and
28	municipal police training academy and shall establish standards for admission and a course of
29	training. The superintendent shall report to the governor and general assembly a plan for a state
30	and municipal police training academy on or before December 31, 1993. The superintendent
31	shall, in consultation with the Police Chiefs' Association and the chairperson of the Rhode Island
32	commission on standards and training make all necessary rules and regulations relative to the
33	admission, education, physical standards and personal character of the trainees and such other
34	rules and regulations as shall not be inconsistent with law.
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1	(c) Applicants to the state and municipal police training academy shall pay an application
2	fee in the amount of fifty dollars ($50.00); provided, however, the superintendent may waive such
3	application fee if payment thereof would be a hardship to the applicant.
4	(d) Trainees shall pay to the division an amount equal to the actual cost of meals
5	consumed at the state police and municipal police training academy and the actual cost of such
6	training uniforms which remain the personal property of the trainees.
7	(e) The municipal police training school is hereby authorized to hold statewide physical
8	training tests for applicants applying for sworn officer positions in municipal law enforcement
9	agencies. The school shall charge a fee in in accordance with its rules and regulations. All fees
10	collected shall be deposited into the municipal police training tuition and fees account, pursuant
11	to § 42-28-25.2
12	(e) (f) All fees and payments received by the division pursuant to this subsections (c) and
13	(d) shall be deposited as general revenues.
14	45-28-31. Expenses of school – Compensation of candidates.
15	(a) The municipal police training school is hereby authorized to charge students tuition in
16	accordance with its rules and regulations. All tuition payments shall be deposited into the
17	restricted receipt account established in § 42-28-25.2. No tuition fee or any other charge shall be
18	assessed against any city or town for the training of any candidate and the expense of that training
19	shall be borne by the state of Rhode Island. If tuition and fees collected are not sufficient for
20	proper maintenance and operation of the municipal police training school, the general assembly
21	shall annually appropriate such sum or sums as may be necessary for the proper maintenance of
22	the municipal police training school.
23	(b); provided, however, that Any compensation to any candidate during the period of his
24	or her training shall be fixed and determined by the proper authority within the city or town
25	sponsoring the candidate and such compensation, if any, shall be paid directly to the candidate by
26	the city or town of which he or she is a resident.
27	SECTION 7. This article shall take effect July 1, 2018 except for: Section 1, which will
28	take effect on August 1, 2018; and Section 3, which will take effect on January 1, 2019.
29	ARTICLE 8
30	RELATING TO MOTOR VEHICLES
31	SECTION 1. Section 31-3-33 of the General Laws in Chapter 31-3 entitled “Registration
32	of Vehicles” is hereby amended to read as follows:
33	31-3-33. Renewal of registration.
34	(a) Application for renewal of a vehicle registration shall be made by the owner on a
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1	proper application form and by payment of the registration fee for the vehicle as provided by law.
2	(b) The division of motor vehicles may receive applications for renewal of registration,
3	and may grant the renewal and issue new registration cards and plates at any time prior to
4	expiration of registration.
5	(c) Upon renewal, owners will be issued a renewal sticker for each registration plate that
6	shall be placed at the bottom, right-hand corner of the plate. Owners shall be issued a new, fully
7	reflective plate beginning January 1, 20192020, at the time of initial registration or at the renewal
8	of an existing registration and reissuance will be conducted no less than every ten (10) years.
9	SECTION 2. Section 31-10-31 of the General Laws in Chapter 31-10 entitled "Operators'
10	and Chauffeurs' Licenses" is hereby amended to read as follows:
11	31-10-31. Fees.
12	The following fees shall be paid to the division of motor vehicles:
13	(1) For every operator's first license to operate a motor vehicle, twenty-five dollars
14	($25.00);
15	(2) For every chauffeur's first license, twenty-five dollars ($25.00); provided, that when a
16	Rhode Island licensed operator transfers to a chauffeur's license, the fee for the transfer shall be
17	two dollars ($2.00);
18	(3) For every learner's permit to operate a motorcycle, twenty-five dollars ($25.00);
19	(4) For every operator's first license to operate a motorcycle, twenty-five dollars
20	($25.00);
21	(5) For every renewal of an operator's or chauffeur's license, thirty dollars ($30.00); with
22	the exception of any person seventy-five (75) years of age or older for whom the renewal fee will
23	be eight dollars ($8.00);
24	(6) For every duplicate operator's or chauffeur's license and every routine information
25	update, i.e., name change or address change, twenty-five dollars ($25.00);
26	(7) For every certified copy of any license, permit, or application issued under this
27	chapter, ten dollars ($10.00);
28	(8) For every duplicate instruction permit, ten dollars ($10.00);
29	(9) For every first license examination, five dollars ($5.00);
30	(10) For every routine information update, i.e., name change or address change, five
31	dollars ($5.00);
32	(10)(11) For surrender of an out-of-state license, in addition to the above fees, five dollars
33	($5.00).
34	SECTION 3. Section 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled
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1	"Transportation Investment and Debt Reduction Act of 2011" is hereby amended to read as
2	follows:
3	39-18.1-4. Rhode Island highway maintenance account created.
4	(a) There is hereby created a special account in the intermodal surface transportation fund
5	as established in § 31-36-20 that is to be known as the Rhode Island highway maintenance
6	account.
7	(b) The fund shall consist of all those moneys that the state may from time to time direct
8	to the fund, including, but not necessarily limited to, moneys derived from the following sources:
9	(1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than
10	those with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be
11	paid by each vehicle or truck owner in order to register that owner's vehicle or truck and upon
12	each subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars
13	($10.00) each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through
14	June 30, 2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, and thirty
15	dollars ($30.00) from July 1, 2015, through June 30, 2016, and each year thereafter.
16	(i) For owners of vehicles or trucks with the following plate types, the surcharge shall be
17	as set forth below and shall be paid in full in order to register the vehicle or truck and upon each
18	subsequent renewal:
19	Plate Type Surcharge
20	Antique $5.00
21	Farm $10.00
22	Motorcycle $13.00
23	(ii) For owners of trailers, the surcharge shall be one-half ( 1 / 2 ) of the biennial
24	registration amount and shall be paid in full in order to register the trailer and upon each
25	subsequent renewal.
26	(2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other
27	than those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or
28	trucks subject to annual registration, to be paid annually by each vehicle or truck owner in order
29	to register that owner's vehicle, trailer or truck and upon each subsequent annual registration. This
30	surcharge will be phased in at the rate of five dollars ($5.00) each year. The total surcharge will
31	be five dollars ($5.00) from July 1, 2013, through June 30, 2014, ten dollars ($10.00) from July 1,
32	2014, through June 30, 2015, and fifteen dollars ($15.00) from July 1, 2015, through June 30,
33	2016, and each year thereafter.
34	(i) For registrations of the following plate types, the surcharge shall be as set forth below
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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
13	registration amount and shall be paid in full in order to register the trailer and upon each
14	subsequent renewal.
15	(iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars
16	and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five
17	cents ($6.25) from July 1, 2013, through June 30, 2014, and twelve dollars and fifty cents
18	($12.50) from July 1, 2014, through June 30, 2015, and each year thereafter.
19	(3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor
20	vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This
21	surcharge will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will
22	be ten dollars ($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from
23	July 1, 2014, through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015, through June
24	30, 2016, and each year thereafter. In the event that a license is issued or renewed for a period of
25	less than five (5) years, the surcharge will be prorated according to the period of time the license
26	will be valid.
27	(c) All funds collected pursuant to this section shall be deposited in the Rhode Island
28	highway maintenance account and shall be used only for the purposes set forth in this chapter.
29	(d) Unexpended balances and any earnings thereon shall not revert to the general fund but
30	shall remain in the Rhode Island highway maintenance account. There shall be no requirement
31	that monies received into the Rhode Island highway maintenance account during any given
32	calendar year or fiscal year be expended during the same calendar year or fiscal year.
33	(e) The Rhode Island highway maintenance account shall be administered by the director,
34	who shall allocate and spend monies from the fund only in accordance with the purposes and
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1	procedures set forth in this chapter.
2	(4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31,
3	except for fees assessed pursuant to § 31-10-31 (6) and (8), shall be deposited into the Rhode
4	Island highway maintenance account, provided that for fiscal years 2016, 2017, and 2018 these
5	fees be transferred as follows:
6	(i) From July 1, 2015, through June 30, 2016, twenty-five percent (25%) will be
7	deposited;
8	(ii) From July 1, 2016, through June 30, 2017, fifty percent (50%) will be deposited; and
9	(iii) From July 1, 2017, through June 30, 2018 eighty percent (80%) sixty percent (60%)
10	will be deposited;
11	(iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be
12	deposited;
13	(5) All remaining funds from previous general obligation bond issues that have not
14	otherwise been allocated.
15	SECTION 4. This article shall take effect upon passage.
16	ARTICLE 9
17	RELATING TO SCHOOL CONSTRUCTION AND EDUCATION
18	SECTION 1. Sections 16-7-36, 16-7-39, 16-7-40, 16-7-41, 16-7-41.1, 16-7-44 of the
19	General Laws in Chapter 16-7 entitled “Foundation Level School Support [See Title 16 Chapter
20	97 – The Rhode Island Board of Education Act]” are hereby amended to read as follows:
21	16-7-36. Definitions.
22	The following words and phrases used in §§ 16-7-35 to 16-7-47 have the following
23	meanings:
24	(1) "Adjusted equalized weighted assessed valuation" means the equalized weighted
25	assessed valuation for a community as determined by the division of property valuation within the
26	department of revenue in accordance with § 16-7-21; provided, however, that in the case of a
27	regional school district the commissioner of elementary and secondary education shall apportion
28	the adjusted equalized weighted assessed valuation of the member cities or towns among the
29	regional school district and the member cities or towns according to the proportion that the
30	number of pupils of the regional school district bears to the number of pupils of the member cities
31	or towns.
32	(2) "Approved project" means a project which has complied with the administrative
33	regulations governing §§ 16-7-35 through 16-7-47, and which has been authorized to receive state
34	school housing reimbursement by the commissioner of elementary and secondary education.
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1	(3) “Commissioning Agent” means a person or entity who ensures the proper installation
2	and operation of technical building systems.
3	(3)(4) "Community" means any city, town, or regional school district established
4	pursuant to law; provided, however, that the member towns of the Chariho regional high school
5	district, created by P.L. 1958, ch. 55, as amended, shall constitute separate and individual
6	communities for the purposes of distributing the foundation level school support for school
7	housing for all grades financed in whole or in part by the towns irrespective of any
8	regionalization.
9	(5) “Facilities Condition Index” means the cost to fully repair the building divided by the
10	cost to replace the building as defined by the school building authority.
11	(6) “Functional Utilization” means the ratio of the student population within a school
12	facility to the capacity of the school facility to adequately serve students, as defined by the school
13	building authority.
14	(7) “Owners Program Manager” means owner’s program manager as defined in § 37-2-
15	7(32).
16	(8) “Prime contractor” means the contractor who is responsible for the completion of a
17	project.
18	(4)(9) "Reference year" means the year next prior to the school year immediately
19	preceding that in which aid is to be paid.
20	(10) “Subject to inflation” means the base rate multiplied by the percentage of increase in
21	the Producer Price Index (PPI) Data for Nonresidential Building Construction (NAICS 236222)
22	as published by the United States Department of Labor, Bureau of Labor Statistics determined as
23	of September 30 of the prior calendar year.
24	16-7-39 Computation of school housing aid ratio.
25	For each community, the percent of state aid for school housing costs shall be computed
26	in the following manner:
27	(1) The adjusted equalized weighted assessed valuation for the district is divided by the
28	resident average daily membership for the district (grades twelve (12) and below); (2) the
29	adjusted equalized weighted assessed valuation for the state is divided by the resident average
30	daily membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the
31	resultant ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents
32	the approximate average district share of school support; the resulting product is then subtracted
33	from one hundred percent (100%) to yield the housing aid share ratio. provided that in no case
34	shall the ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and
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1	annually at the start of each fiscal year thereafter, the thirty percent (30%) floor on said housing
2	aid share shall be increased by five percent (5%) increments each year until said floor on the
3	housing aid share ratio reaches a minimum of not less than forty percent (40%). This provision
4	shall apply only to school housing projects completed after June 30, 2010 that received approval
5	from the board of regents prior to June 30, 2012. Provided further, for the fiscal year beginning
6	July 1, 2012 and for subsequent fiscal years, the minimum housing aid share shall be thirty-five
7	percent (35%) for all projects receiving board of regents approval after June 30, 2012.
8	Notwithstanding any other law to the contrary, for the fiscal year beginning July 1, 2012 and for
9	subsequent fiscal years, the minimum housing aid share for all local education agency (LEA)
10	public school construction projects receiving council of elementary and secondary education
11	approval, the minimum housing aid share shall be thirty-five percent (35%) and in no case shall
12	the ratio be less than thirty-five percent (35%). The resident average daily membership shall be
13	determined in accordance with § 16-7-22(1).
14	16-7-40 Increased school housing ratio for regional schools – Energy conservation –
15	Access for people with disabilities – Asbestos removal projects Health and Safety –
16	Remediation – Technology Enabled – Space Utilization.
17	(a)(1) In the case of regional school districts, the school housing aid ratio shall be
18	increased by two percent (2%) for each grade so consolidated.
19	(2) Regional school districts undertaking renovation project(s) shall receive an increased
20	share ratio of four percent (4%) for those specific project(s) only, in addition to the combined
21	share ratio calculated in § 16-7-39 and this subsection.
22	(b) In the case of projects undertaken by regionalized and/or non-regionalized school
23	districts:
24	(i) specifically f For the purposes of energy conservation, access for people with
25	disabilities, and/or asbestos removal, the school housing aid share ratio shall be increased by four
26	percent (4%) for these specific projects only, in the calculation of school housing aid. The
27	increased share ratio shall continue to be applied for as log long as the project(s) receive state
28	housing aid. In order to qualify for the increased share ratio, seventy-five percent (75%) of the
29	project costs must be specifically directed to either energy conservation, access for people with
30	disabilities, and/or asbestos removal or any combination of these projects. The board of regents
31	for council on elementary and secondary education shall promulgate rules and regulations for the
32	administration and operation of this section.
33	(ii) For purposes of addressing health and safety deficiencies as defined by the school
34	building authority, including the remediation of hazardous materials, the school housing aid ratio
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1	shall be increased by five percent (5%) so long as the construction of the project commences by
2	December 30, 2022. In order to qualify for the increased share ratio, twenty-five percent (25%)
3	of the project costs or a minimum of $250,000 must be specifically directed to this purpose.
4	(iii) For purposes of educational enhancement, including projects devoted to the
5	enhancement of teaching science, technology, engineering, arts, and math (STEAM), early
6	childhood education, career and technical education and technology enabled facilities, the school
7	housing aid ratio shall be increased by five percent (5%) so long as construction of the project
8	commences by December 30, 2022. In order to qualify for the increased share ratio, twenty-five
9	percent (25%) of the project costs or a minimum of $250,000 must be specifically directed to this
10	purpose.
11	(iv) For replacement of a facility that has a Facilities Condition Index of 65% or higher,
12	the school housing ratio shall be increased by five percent (5%) so long as construction of the
13	project commences by December 30, 2023. In order to qualify for the increased share ratio,
14	twenty-five percent (25%) of the project costs or a minimum of $250,000 must be specifically
15	directed to this purpose.
16	(v) For any new construction or renovation that increases the functional utilization of any
17	facility from less than 60% to more than 80%, including the consolidation of buildings within or
18	across districts, the school housing aid ratio shall be increased by five percent (5%) so long as
19	construction of the project commences by December 30, 2023. In order to qualify for the
20	increased share ratio, twenty-five percent (25%) of the project costs or a minimum of $250,000
21	must be specifically direct to this purpose.
22	(vi) For any new construction or renovation that decreases the functional utilization of
23	any facility from more than 120% to between 85% to 105%, the school housing ratio shall be
24	increased by five percent (5%) so long as construction of the project commences by December
25	30, 2023. In order to qualify for the increased share ratio, twenty-five (25%) of the project costs
26	or a minimum of $250,000 must be specifically directed to this purpose.
27	(vii) For consolidation of two (2) or more buildings, within or across districts into one
28	building, the school housing aid ratio shall be increased by five percent (5%) so long as
29	construction of the project commences by December 30, 2023. In order to qualify for the
30	increased share ratio, twenty-five percent (25%) of the project costs or a minimum of $250,000
31	must be specifically directed to this purpose.
32	(c) Upon the transfer of ownership from the state to the respective cities and towns of
33	tThe regional career and technical center buildings located in Coventry, Cranston, East
34	Providence, Newport, Providence, Warwick, Woonsocket and the Chariho regional school
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1	district, the school housing aid share ratio shall be increased by four percent (4%) for the
2	renovation and/or repair of these buildings. To qualify for the increased share ratio, as defined in
3	§ 16-7-39, renovation and repair projects must be submitted for approval through the necessity of
4	school construction process prior to the end of the second full fiscal year following the transfer of
5	ownership and assumption of local care and control of the building. Only projects at regional
6	career and technical centers that have full program approval from the department of elementary
7	and secondary education shall be eligible for the increased share ratio. The increased share ratio
8	shall continue to be applied for as long as the renovation and/or repair project receives school
9	housing aid.
10	16-7-41 Computation of school housing aid.
11	(a) In each fiscal year the state shall pay to each community a grant to be applied to the
12	cost of school housing equal to the following:
13	The cost of each new school housing project certified to the commissioner of elementary
14	and secondary education not later than July 15 of the fiscal year shall be divided by the actual
15	number of years of the bond issued by the local community, or the Rhode Island Health and
16	Educational Building Corporation, or the Rhode Island Infrastructure Bank in support of the
17	specific project, times the school housing aid ratio; and provided, further, with respect to costs of
18	new school projects financed with proceeds of bonds issued by the local community, or the
19	Rhode Island Health and Educational Building Corporation, or the Rhode Island Infrastructure
20	Bank in support of the specific project, the amount of the school housing aid payable in each
21	fiscal year shall not exceed the amount arrived at by multiplying the principal and interest of the
22	bonds payable in each fiscal year by the school housing aid ratio and which principal and interest
23	amount over the life of the bonds, shall, in no event, exceed the costs of each new school housing
24	project certified to the commissioner of elementary and secondary education. If a community fails
25	to specify or identify the appropriate reimbursement schedule, the commissioner of elementary
26	and secondary education may at his or her discretion set up to a five (5) year reimbursement cycle
27	for projects under five hundred thousand dollars ($500,000); up to ten (10) years for projects up
28	to three million dollars ($3,000,000); and up to twenty (20) years for projects over three million
29	dollars ($3,000,000).
30	(b) Aid shall be provided for the same period as the life of the bonds issued in support of
31	the project and at the school housing aid ratio applicable to the local community at the time of the
32	bonds issued in support of the project as set forth in § 16-7-39.
33	(c) Aid shall be paid either to the community or in the case of projects financed through
34	the Rhode Island Health and Educational Building Corporation or the Rhode Island Infrastructure
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1	Bank, to the Rhode Island Health and Educational Building Corporation or the Rhode Island
2	Infrastructure Bank or its designee including, but not limited to, a trustee under a bond indenture
3	or loan and trust agreement, in support of bonds issued for specific projects of the local
4	community in accordance with this section, § 16-7-40 and § 16-7-44. Notwithstanding the
5	preceding, in case of failure of any city, town or district to pay the amount due in support of
6	bonds issued on behalf of a city, town, school or district project financed by the Rhode Island
7	Health and Educational Building Corporation or the Rhode Island Infrastructure Bank, upon
8	notification by the Rhode Island Health and Educational Building Corporation or the Rhode
9	Island Infrastructure Bank, the general treasurer shall deduct the amount from aid provided under
10	this section, § 16-7-40, § 16-7-44 and § 16-7-15 through § 16-7-34.3 due the city, town or district
11	and direct said funding to the Rhode Island Health and Educational Building Corporation or the
12	Rhode Island Infrastructure Bank or its designee.
13	(d) Notwithstanding any provisions of law to the contrary, in connection with the
14	issuance of refunding bonds benefiting any local community, any net interest savings resulting
15	from the refunding bonds issued by such community or a municipal public buildings authority for
16	the benefit of the community or by the Rhode Island health and educational building corporation
17	or the Rhode Island Infrastructure Bank for the benefit of the community, in each case in support
18	of school housing projects for the community, shall be allocated between the community and the
19	state of Rhode Island, by applying the applicable school housing aid ratio at the time of issuance
20	of the refunding bonds, calculated pursuant to § 16-7-39, that would otherwise apply in
21	connection with school housing projects of the community; provided however, that for any
22	refundings that occur between July 1, 2013 and December 31, 2015, the community shall receive
23	eighty percent (80%) of the total savings and the state shall receive twenty percent (20%). In
24	connection with any such refunding of bonds, the finance director or the chief financial officer of
25	the community shall certify such net interest savings to the commissioner of elementary and
26	secondary education. Notwithstanding § 16-7-44 or any other provision of law to the contrary,
27	school housing projects costs in connection with any such refunding bond issue shall include
28	bond issuance costs incurred by the community, the municipal public buildings authority or the
29	Rhode Island health and educational building corporation or the Rhode Island Infrastructure
30	Bank, as the case may be, in connection therewith. In connection with any refunding bond issue,
31	school housing project costs shall include the cost of interest payments on such refunding bonds,
32	if the cost of interest payments was included as a school housing cost for the bonds being
33	refunded. A local community or municipal public buildings authority shall not be entitled to the
34	benefits of this subsection (d) unless the net present value savings resulting from the refunding is
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1	at least three percent (3%) of the refunded bond issue.
2	(e) Any provision of law to the contrary notwithstanding, the commissioner of
3	elementary and secondary education shall cause to be monitored the potential for refunding
4	outstanding bonds of local communities or municipal public building authorities or of the Rhode
5	Island Health and Educational Building Corporation or the Rhode Island Infrastructure Bank
6	issued for the benefit of local communities or municipal public building authorities and benefiting
7	from any aid referenced in this section. In the event it is determined by said monitoring that the
8	net present value savings which could be achieved by refunding such bonds of the type
9	referenced in the prior sentence including any direct costs normally associated with such
10	refundings is equal to (i) at least one hundred thousand dollars ($100,000) and (ii) for the state
11	and the communities or public building authorities at least three percent (3%) of the bond issue to
12	be refunded including associated costs then, in such event, the commissioner (or his or her
13	designee) may direct the local community or municipal public building authority for the benefit
14	of which the bonds were issued, to refund such bonds. Failure of the local community or
15	municipal public buildings authority to timely refund such bonds, except due to causes beyond
16	the reasonable control of such local community or municipal public building authority, shall
17	result in the reduction by the state of the aid referenced in this § 16-7-4.1 associated with the
18	bonds directed to be refunded in an amount equal to ninety percent (90%) of the net present value
19	savings reasonably estimated by the commissioner of elementary and secondary education (or his
20	or her designee) which would have been achieved had the bonds directed to be refunded been
21	refunded by the ninetieth (90th) day (or if such day is not a business day in the state of Rhode
22	Island, the next succeeding business day) following the date of issuance of the directive of the
23	commissioner (or his or her designee) to refund such bonds. Such reduction in the aid shall begin
24	in the fiscal year following the fiscal year in which the commissioner issued such directive for the
25	remaining term of the bond.
26	(f) Payments shall be made in accordance with § 16-7-40 and this section.
27	(g) For purposes of financing or refinancing school facilities in the city of Central Falls
28	through the issuance bonds through the Rhode Island Health and Educational Building
29	Corporation or the Rhode Island Infrastructure Bank, the city of Central Falls shall be considered
30	an "educational institution" within the meaning of subdivision 45-38.1-3(13) of the general laws.
31	16-7-41.1 Eligibility for reimbursement.
32	(a) School districts, not municipalities, may apply for and obtain approval for a project
33	under the necessity of school construction process set forth in the regulations of the board of
34	regents for council on elementary and secondary education, provided, however, in the case of
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1	municipality which issues bonds through the Rhode Island Health and Educational Building
2	Corporation or the Rhode Island Infrastructure Bank to finance or refinance school facilities for a
3	school district which is not part of the municipality, the municipality may apply for and obtain
4	approval for a project. Such approval will remain valid until June 30 of the third fiscal year
5	following the fiscal year in which the board of regents for council on elementary and secondary
6	education's approval is granted. Only those projects undertaken at school facilities under the care
7	and control of the school committee and located on school property may qualify for
8	reimbursement under §§ 16-7-35 – 16-7-47. Facilities with combined school and municipal uses
9	or facilities that are operated jointly with any other profit or non-profit agency that are not
10	primarily used for public elementary or secondary education do not qualify for reimbursement
11	under §§ 16-7-35 – 16-7-47. Projects completed by June 30 of a fiscal year are eligible for
12	reimbursement in the following fiscal year. A project for new school housing or additional
13	housing shall be deemed to be completed when the work has been officially accepted by the
14	school committee or when the housing is occupied for its intended use by the school committee,
15	whichever is earlier.
16	(b) Notwithstanding the provisions of this section, the board of regents shall not grant
17	final approval for any project between June 30, 2011 and May 1, 2015 except for projects that are
18	necessitated by immediate health and safety reasons. In the event that a project is requested
19	during the moratorium because of immediate health and safety reasons, those proposals shall be
20	reported to the chairs of the house and senate finance committees.
21	(c) Any project approval granted prior to the adoption of the school construction
22	regulations in 2007, and which are currently inactive; and any project approval granted prior to
23	the adoption of the school construction regulations in 2007 which did not receive voter approval
24	or which has not been previously financed, are no longer eligible for reimbursement under this
25	chapter. The department of elementary and secondary education shall develop recommendations
26	for further cost containment strategies in the school housing aid program.
27	(d) Beginning July 1, 2015, the council on elementary and secondary education shall
28	approve new necessity of school construction applications on an annual basis. The department of
29	elementary and secondary education shall develop an annual application timeline for LEAs
30	seeking new necessity of school construction approvals.
31	(e) Beginning June 30, 2019, no state funding shall be provided for projects in excess of
32	ten million dollars ($10,000,000) unless the prime contractor for the project has received
33	certification from the school building authority.
34	(f) Beginning July 1, 2019, the necessity of school construction process set forth in the
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1	regulations of the council on elementary and secondary education shall include a single statewide
2	process, developed with the consultation of the department of environmental management, that
3	will ensure community involvement throughout the investigation and remediation of
4	contaminated building sites for possible reuse as the location of a school. That process will fulfill
5	all provisions of § 23-19.14-5 related to the investigation of reuse of such sites for schools.
6	16-7-44 School housing project costs.
7	(a) School housing project costs, the date of completion of school housing projects, and
8	the applicable amount of school housing project cost commitments shall be in accordance with
9	the regulations of the commissioner of elementary and secondary education and the provisions of
10	§§ 16-7-35 – 16-7-47; provided, however, that school housing project costs shall include the
11	purchase of sites, buildings, and equipment, the construction of buildings, and additions or
12	renovations of existing buildings and/or facilities. School housing project costs shall include the
13	cost of interest payment on any bond issued after July 1, 1988, provided that such bond is
14	approved by the voters on or before June 30, 2003, or issued by a municipal public building
15	authority or by the appropriate approving authority on or before June 30, 2003. Except as
16	provided in § 16-7-41(d) and § 46-12.2-4.2(g), those projects approved after June 30, 2003,
17	interest payments may only be included in project costs provided that the bonds for these projects
18	are issued through the Rhode Island Health and Educational Building Corporation or the Rhode
19	Island Infrastructure Bank. School housing project costs shall exclude: (1) any bond issuance
20	costs incurred by the municipality or regional school district; (2) demolition costs for buildings,
21	facilities, or sites deemed surplus by the school committee; and (3) restrictions pursuant to § 16-
22	7-44.1 below. A building, facility, or site is declared surplus by a school committee when the
23	committee no longer has such building, facility, or site under its direct care and control and
24	transfers control to the municipality, § 16-2-15. The board of regents for council on elementary
25	and secondary education will promulgate rules and regulations for the administration of this
26	section. These rules and regulations may provide for the use of lease revenue bonds, capital
27	leases, or capital reserve funding, to finance school housing provided that the term of any bond,
28	or capital lease shall not be longer than the useful life of the project and these instruments are
29	subject to the public review and voter approval otherwise required by law for the issuance of
30	bonds or capital leases. Cities or towns issuing bonds, or leases issued by municipal public
31	buildings authority for the benefit of a local community pursuant to chapter 50 of title 45 shall not
32	require voter approval. Effective January 1, 2008, and except for interim finance mechanisms,
33	refunding bonds, borrowing from the school building authority capital fund, and bonds issued by
34	the Rhode Island Health and Educational Building Corporation or the Rhode Island Infrastructure
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1	Bank to finance school housing projects for towns, cities, or regional school districts borrowing
2	for which has previously been authorized by an enabling act of the general assembly, all bonds,
3	notes and other forms of indebtedness issued in support of school housing projects shall require
4	passage of an enabling act by the general assembly.
5	(b) Beginning July 1, 2019, school housing projects exceeding $1,500,000 subject to
6	inflation shall be assigned an owners program manager and a commissioning agent by the school
7	building authority. The cost of the program manager and commission agent shall be borne by the
8	school building authority.
9	(c) Temporary housing, or swing space, for student shall be a reimbursable expense so
10	long as a district can demonstrate that no other viable option to temporarily house students exists.
11	(d) Environmental site remediation, as defined by the school building authority, shall be a
12	reimbursable expense up to one million dollars ($1,000,000) per project.
13	(e) If, within thirty (30) years of construction, a newly constructed school is sold to a
14	private entity, the state shall receive a portion of a sale proceeds equal to that project’s housing
15	aid reimbursement rate at the time of construction.
16	SECTION 2. Sections 16-105-3, 16-105-7, and 16-105-8 of the General Laws in Chapter
17	16-105 entitled “School Building Authority” are hereby amended to read as follows:
18	16-105-3 Roles and responsibilities.
19	The school building authority roles and responsibilities shall include:
20	(1) Management of a system with the goal of ensuring equitable and adequate school
21	housing for all public school children in the state;
22	(2) Prevention of the cost of school housing from interfering with the effective operation
23	of the schools;
24	(3) Management of school housing aid in accordance with statute;
25	(4) Reviewing and making recommendations to the council on elementary and secondary
26	education on necessity of school construction applications for state school housing aid and the
27	school building authority capital fund, based on the recommendations of the school building
28	authority advisory board;
29	(5) Promulgating, Mmanaging and maintaining school construction regulations,
30	standards, and guidelines applicable to the school housing program, based on the
31	recommendations of the school building authority advisory board, created in § 16-105-8. Said
32	regulations shall require conformance with the minority business enterprise requirements set forth
33	in § 37-14.1-6;
34	(6) Developing a certification and review process for prime contractors seeking to bid on
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1	projects in excess of ten million dollars ($10,000,000) in total costs subject to inflation.
2	Notwithstanding any general laws to the contrary, certifications shall be valid for a maximum of
3	two (2) years from the date of issuance. Factors to be considered by the school building authority
4	in granting certification to prime contractors shall include, but not be limited to, the contractor’s
5	history of completing complex projects on time and on budget, track record of compliance with
6	applicable environmental and safety regulations, evidence that completed prior projects
7	prioritized the facility’s future maintainability, and compliance with applicable requirements for
8	the use of women and minority owned subcontractors.
9	(7) Developing a mandatory statewide maintenance checklist and facilities standards for
10	all school buildings that includes a minimum annual spending requirement for maintenance
11	and/or a requirement for capital reserve funds dedicated exclusively for annual maintenance in
12	accordance with national best practices. Districts shall adhere to the maintenance spending
13	requirements beginning June 30, 2019 and facilities standards beginning June 30, 2021.
14	(6)(8) Providing technical advice and assistance, training, and education to cities, towns,
15	and/or LEAs and to certified general contractors, subcontractors, construction or project
16	managers, designers and others in planning, maintenance, and establishment of school facility
17	space;
18	(7)(9) Developing a project priority system, based on the recommendations of the school
19	building authority advisory board, in accordance with school construction regulations for the state
20	school housing aid set forth in §§ 16-7-35 to 16-7-47 and the school building authority capital
21	fund, subject to review and, if necessary, to be revised on intervals not to exceed five (5) years.
22	Project priorities shall be in accordance with include, but not be limited to, the following order of
23	priorities:
24	(i) Projects to replace or renovate a building that is structurally unsound or otherwise in a
25	condition seriously jeopardizing the health and safety of school children where no alternative
26	exists;
27	(ii) Projects needed to prevent loss of accreditation;
28	(iii) Projects needed for the replacement, renovation, or modernization of the HVAC
29	system in any schoolhouse to increase energy conservation and decrease energy-related costs in
30	said schoolhouse;
31	(iv) Projects needed to replace or add to obsolete buildings in order to provide for a full
32	range of programs consistent with state and approved local requirements; and
33	(v) Projects needed to comply with mandatory, instructional programs.
34	(8)(10) Maintaining a current list of requested school projects and the priority given
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1	them;
2	(9)(11) Collecting and maintaining readily available data on all the public school
3	facilities in the state;
4	(12) Collecting, maintaining, and making publicly available monthly progress reports of
5	ongoing school construction projects that shall include, at a minimum, the costs of the project and
6	the time schedule of each project;
7	(10)(13) Recommending policies and procedures designed to reduce borrowing for
8	school construction programs at both state and local levels;
9	(11)(14) At least every five (5) years, conducting a needs survey to ascertain the capital
10	construction, reconstruction, maintenance, and other capital needs for schools in each district of
11	the state, including public charter schools;
12	(12)(15) Developing a formal enrollment projection model or using projection models
13	already available;
14	(13)(16) Encouraging local education agencies to investigate opportunities for the
15	maximum utilization of space in and around the district;
16	(14)(17) Collecting and maintaining a clearinghouse of prototypical school plans that
17	may be consulted by eligible applicants;
18	(18) Retaining the services of consultants, construction managers, program managers,
19	architects, engineers and experts, as necessary, to effectuate the roles and responsibilities listed
20	within this section;
21	(15)(19) By regulation, offering additional incentive points to the school housing aid ratio
22	calculation set forth in § 16-7-39, as the authority, based upon the recommendation of the
23	advisory board, determines will promote the purposes of this chapter. Said regulations may
24	delineate the type and amounts of any such incentive percentage points; provided, however, that
25	no individual category of incentive points shall exceed two five (2)(5) additional points; and
26	provided further, that no district shall receive a combined total of more than five twenty (5)(20)
27	incentive percentage points for projects that commence construction by December 30, 2023, and
28	five (5) incentive points for projects that commence construction thereafter. Such incentive points
29	may be awarded for a district's use of highly efficient construction delivery methods; remediation
30	of hazardous substances; regionalization with other districts; superior maintenance practices of a
31	district; energy efficient and sustainable design and construction; the use of model schools as
32	adopted by the authority; and other incentives as recommended by the advisory board and
33	determined by the authority to encourage the most cost-effective and quality construction.
34	Notwithstanding any provision of the general laws to the contrary, the reimbursement or aid
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1	received under this chapter or chapter 38.2 of title 45 shall not exceed one hundred percent
2	(100%) of the sum of the total project costs plus interest costs nor shall a district’s share be
3	decreased by more than half of its regular share irrespective of the number of incentive points
4	received.
5	Projects that were approved prior to July 1, 2017, but have not commenced construction
6	as of January 1, 2018 are eligible to receive a total of five (5) combined incentive points so long
7	as an owners program manager and commissioning agent of the school building authority’s
8	choosing has been employed. Any project approved prior to July 1, 2017 that is withdrawn
9	and/or resubmitted for approval shall not be eligible for any incentive points.
10	16-105-7 Expenses incurred by the department school building authority.
11	In order to provide for one-time or limited the expenses of the department of elementary
12	and secondary education school building authority under this chapter, the Rhode Island health and
13	education building corporation shall provide funding from the school building authority capital
14	fund, fees generated from the origination of municipal bonds and other financing vehicles used
15	for school construction, and its own reserves. The school building authority shall, by October 1 of
16	each year, report to the governor and the chairs of the senate and house finance committees, the
17	senate fiscal advisor, and the house fiscal advisor the amount sought for expenses for the next
18	fiscal year.
19	There is also hereby established a restricted receipt account within the budget of the
20	department of elementary and secondary education entitled “school construction services”, to be
21	financed by the Rhode Island health and education building corporation’s sub-allotments of fees
22	generated from the origination of municipal bonds and other financing vehicles used for school
23	construction and its own reserves. Effective July 1, 2018, this account shall be utilized for the
24	express purpose of supporting any departmental expenditures incurred in the administration of the
25	school construction aid program.
26	16-105-8. School building authority advisory board established.
27	(a) There is hereby established a school building authority advisory board that shall
28	advise the school building authority regarding the best use of the school building authority capital
29	fund, including the setting of statewide priorities, criteria for project approval, and
30	recommendations for project approval and prioritization.
31	(b) The school building authority advisory board shall consist of seven nine (7)(9)
32	members as follows:
33	(1) The general treasurer;
34	(2) The director of the department of administration, who shall serve as chair;
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1	(3) A member of the governor's staff, as designated by the governor;
2	(4) The commissioner of elementary and secondary education, or his or her designee;
3	(5) The chair of the Rhode Island health and educational building corporation; and
4	(46) Four (4) members of the public, appointed by the governor, and who serve at the
5	pleasure of the governor, each of whom shall have expertise in education and/or construction, real
6	estate, or finance. At least one of these four members shall represent a local education agency.
7	(c) In addition to the purposes in subsection (a), the school building authority advisory
8	board shall advise the school building authority on, including but not limited to, the following:
9	(1) The project priorities for the school building authority capital fund;
10	(2) Legislation as it may deem desirable or necessary related to the school building
11	authority capital fund and the school housing aid program set forth in §§ 16-7-35 to 16-7-47;
12	(3) Policies and procedures designed to reduce borrowing for school construction
13	programs at both state and local levels;
14	(4) Development of a formal enrollment projection model or consideration of using
15	projection models already available;
16	(5) Processes and procedures necessary to apply for, receive, administer, and comply
17	with the conditions and requirements respecting any grant, gift, or appropriation of property,
18	services, or monies;
19	(6) The collection and maintenance of a clearinghouse of prototypical school plans which
20	may be consulted by eligible applicants and recommend incentives to utilize these prototypes;
21	(7) The determination of eligible cost components of projects for funding or
22	reimbursement, including partial or full eligibility for project components for which the benefit is
23	shared between the school and other municipal and community entities;
24	(8) Development of a long-term capital plan in accordance with needs and projected
25	funding;
26	(9) Collection and maintenance of data on all the public school facilities in the state,
27	including information on size, usage, enrollment, available facility space, and maintenance;
28	(10) Advising districts on the conduct of a needs survey to ascertain the capital
29	construction, reconstruction, maintenance, and other capital needs for schools across the state;
30	(11) The recommendation of policies, rules, and regulations that move the state toward a
31	pay-as-you-go funding system for school construction programs; and
32	(12) Encouraging local education agencies to investigate opportunities for the maximum
33	utilization of space in and around the district.
34	SECTION 3. Section 45-38.2-4 of the General Laws in Chapter 45-38.2 entitled “School
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1	Building Authority Capital Fund” are hereby amended to read as follows:
2	45-38.2-4 Payment of state funds.
3	(a) Subject to the provisions of subsection (b), upon the written request of the
4	corporation, the general treasurer shall pay to the corporation, from time to time, from the
5	proceeds of any bonds or notes issued by the state for the purposes of this chapter or funds
6	otherwise lawfully payable to the corporation for the purposes of this chapter, such amounts as
7	shall have been appropriated or lawfully designated for the fund. All amounts so paid shall be
8	credited to the fund in addition to any other amounts credited or expected to be credited to the
9	fund.
10	(b) The corporation and the state may enter into, execute, and deliver one or more
11	agreements setting forth or otherwise determining the terms, conditions, and procedures for, and
12	the amount, time, and manner of payment of, all amounts available from the state to the
13	corporation under this section.
14	(c) The corporation, per order of the school building authority capital fund, is authorized
15	to grant a district or municipality its state share of an approved project cost, pursuant to §§ 16-7-
16	39 and 16-77.1-5. Construction pay-as-you-go grants received from the school building authority
17	capital fund shall not be considered a form of indebtedness subject to the provisions of § 16-7-44.
18	(d)(1) Notwithstanding the provisions of §§ 45-12-19 and 45-12-20, and notwithstanding
19	city or town charter provisions to the contrary, prior to July 1, 2016, no voter approval shall be
20	required for loans in any amount made to a city or town for the local education agency's share of
21	total project costs.
22	(2) Notwithstanding the provisions of §§ 45-12-19 and 45-12-20, and notwithstanding
23	city or town charter provisions to the contrary, on or after July 1, 2016, up to five hundred
24	thousand dollars ($500,000) may be loaned to a city or town for the local education agency 's
25	share of total project costs without the requirement of voter approval.
26	(e)(1) If the school building authority deems the amount of funding in the capital fund to
27	be in excess of what is necessary to meet the state obligation for projects receiving support from
28	the capital fund in a given year, the school building authority may direct excess funds to support
29	the state share of foundational housing aid.
30	(2) Funds transferred from the capital fund to support the state share of foundational
31	housing aid shall be offered to LEAs on a pay-as-you-go basis and not as a reimbursement of debt
32	service for previously completed projects.
33	(3) Funds transferred from the capital fund to support the state share of foundational
34	housing aid in a given year on a pay-as-you-go basis shall be offered proportionately to LEAs
	LC003937 - Page 233 of 402
1	based on the total state share of foundational housing aid awarded to projects in that year.
2	(e)(f) Notwithstanding any provision to the contrary, the term of any bond, capital lease,
3	or other financing instrument shall not exceed the useful life of the project being financed.
4	SECTION 4. Section 46-12.2-4.2 of the General Laws in Chapter 46-12.2 entitled
5	“Rhode Island Infrastructure Bank” is hereby amended to read as follows:
6	46-12.2-4.2. Establishment of the efficient buildings fund.
7	(a) There is hereby authorized and created within the Rhode Island infrastructure bank an
8	efficient buildings fund for the purpose of providing technical, administrative and financial
9	assistance to local governmental units for energy efficient and renewable energy upgrades to
10	public buildings and infrastructure, including, but not limited to, streetlights. The Rhode Island
11	infrastructure bank shall review and approve all applications for projects to be financed through
12	the efficient buildings fund.
13	The office of energy resources shall promulgate rules and regulations establishing a
14	project priority list for efficient buildings fund and the process through which a local
15	governmental unit may submit an application for inclusion of a project on the project priority list.
16	Upon issuance of the project priority list by the office of energy resources, the project priority list
17	shall be used by the Rhode Island infrastructure bank to determine the order in which financial
18	assistance shall be awarded. The Rhode Island infrastructure bank shall promulgate rules and
19	regulations to effectuate the provisions of this section which may include, without limitation,
20	forms for financial assistance applications, loan agreements, and other instruments. All rules and
21	regulations promulgated pursuant to this chapter shall be promulgated in accordance with the
22	provisions of chapter 35 of title 42. Eligibility for receipt of this financial assistance by a local
23	governmental unit shall be conditioned upon that local governmental unit reallocating their
24	remaining proportional QECB allocation to the state of Rhode Island.
25	(b) The Rhode Island infrastructure bank shall have all the powers necessary and
26	convenient to carry out and effectuate the purposes and provisions of this section including,
27	without limiting the generality of the preceding statement, the authority:
28	(1) To receive and disburse such funds from the state and federal government as may be
29	available for the purpose of the fund subject to the provisions of this section;
30	(2) To make and enter into binding commitments to provide financial assistance to
31	eligible borrowers from amounts on deposit in the fund;
32	(3) To levy administrative fees on eligible borrowers as necessary to effectuate the
33	provisions of this section, provided the fees have been previously authorized by an agreement
34	between the Rhode Island infrastructure bank and the eligible borrower;
	LC003937 - Page 234 of 402
1	(4) To engage the services of third-party vendors to provide professional services;
2	(5) To establish one or more accounts within the fund; and
3	(6) Such other authority as granted to the Rhode Island infrastructure bank under this
4	chapter.
5	(c) Subject to the provisions of this section and to any agreements with the holders of any
6	bonds of the Rhode Island infrastructure bank or any trustee therefor, amounts held by the Rhode
7	Island infrastructure bank for the account of the fund shall be applied by the Rhode Island
8	infrastructure bank, either by direct expenditure, disbursement, or transfer to one or more other
9	funds and accounts held by the Rhode Island infrastructure bank or maintained under any trust
10	agreement pertaining to bonds, either alone or with other funds of the Rhode Island infrastructure
11	bank, to the following purposes:
12	(1) To provide financial assistance to local governmental units to finance costs of
13	approved projects, as set forth in subsection (a), and to refinance the costs of the projects, subject
14	to such terms and conditions, if any, as are determined by the Rhode Island infrastructure bank;
15	(2) To fund reserves for bonds of the Rhode Island infrastructure bank and to purchase
16	insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit
17	and costs of reimbursement to the issuers thereof for any payments made thereon or on any
18	insurance, and to otherwise provide security for, and a source of payment for obligations of the
19	Rhode Island infrastructure bank, by pledge, lien, assignment, or otherwise as provided in this
20	chapter;
21	(3) To pay expenses of the Rhode Island infrastructure bank in administering the fund;
22	(4) To provide a reserve for, or to otherwise secure, amounts payable by borrowers on
23	loans and obligations outstanding in the event of default thereof; amounts in any account in the
24	fund may be applied to defaults on loans outstanding to the borrower for which the account was
25	established and, on a parity basis with all other accounts, to defaults on any loans or obligations
26	outstanding; and
27	(5) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or
28	otherwise as provided in this chapter, any bonds of the Rhode Island infrastructure bank.
29	(d) In addition to other remedies of the Rhode Island infrastructure bank under any loan
30	agreement or otherwise provided by law, the Rhode Island infrastructure bank may also recover
31	from a borrower, in an action in superior court, any amount due the Rhode Island infrastructure
32	bank together with any other actual damages the Rhode Island infrastructure bank shall have
33	sustained from the failure or refusal of the borrower to make the payments or abide by the terms
34	of the loan agreement.
	LC003937 - Page 235 of 402
1	(e) The Rhode Island infrastructure bank may create one or more loan loss reserve funds
2	to serve as further security for any loans made by the Rhode Island infrastructure bank or any
3	bonds of the Rhode Island infrastructure bank issued to fund energy efficiency improvements in
4	public buildings in accordance with this section.
5	(f) To the extent possible, and in accordance with law, the infrastructure bank shall
6	encourage the use of project labor agreements for projects over ten million dollars ($10,000,000)
7	and local hiring on projects funded under this section.
8	(g) Any financial assistance provided by the Rhode Island infrastructure bank to a public
9	entity for the purpose of retrofitting a school building shall not be subject to the match established
10	by Rhode Island general laws §§ 16-7-35 to 16-7-47, and shall be made subject to coordination
11	with the Rhode Island department of education. Notwithstanding any provisions to the contrary in
12	Chapter 16-7, but subject to Section 16-7-41(c), any approved project as set forth in subsection
13	(a) of this section that is also an “approved project” as defined in §16-7-36 and predominately
14	energy or environmental in nature shall be eligible for school housing assistance under §§ 16-7-
15	35 through 16-7-47, and shall include the payment of interest on bonds, lease revenue bonds,
16	capital leases, or capital reserve funding issued by a local governmental unit.
17	SECTION 5. Sections 16-26-7 and 16-26-12 of the General Laws in Chapter 16-26
18	entitled “School for the Deaf” are hereby amended to read as follows:
19	16-26-7. Persons admissible.
20	(a) All children of parents, or under the control of guardians or other persons, legal
21	residents of this state, between the ages from birth to twenty-one (21) years, whose hearing or
22	speech, or both, are impaired as to make it impracticable for this student to make progress toward
23	his or her educational goals by attending the public schools may attend the Rhode Island School
24	for the Deaf, without charge, under any rules and regulations as the board of regents for
25	elementary and secondary education may establish.
26	(b) Deaf persons from birth to twenty-one (21) years, who are legal residents of the state,
27	shall be entitled to the privilege of the school without charge, and for any period of time in each
28	individual case as may be deemed appropriate by the board of regents for elementary and
29	secondary education; residents of other states may be admitted upon the payment of any rates of
30	board and tuition as may be fixed by the board.
31	(c) Students who are not deaf or hard of hearing may be admitted to the Rhode Island
32	School for the Deaf in accordance with rules and regulations promulgated by the commissioner of
33	elementary and secondary education.
34	16-26-12. Other sources of funding.
	LC003937 - Page 236 of 402
1	(a) The 2009 general assembly, through the FY 2010 appropriation act, established a fee
2	for a service program, also known as a tuition program, for the Rhode Island school for the deaf
3	effective July 1, 2009 in accordance with the fee structure developed and implemented by the
4	department of elementary and secondary education. Under this fee for service program, and the
5	provisions of Rhode Island general law § 16-26-7.1 notwithstanding, districts shall be assessed
6	tuition to cover the costs of educational services that are additional to the core deaf and hard-of-
7	hearing education program that is provided to resident students at the Rhode Island school for the
8	deaf.
9	(b) Tuition assessed at the school for the deaf to cover costs of educational services that
10	are additional to the core deaf and hard-of-hearing education program shall be based on a
11	graduated tuition schedule correlating to the varying needs of students. Districts shall receive
12	three (3) times each school year, invoices summarizing the basis for the tuition charged. There
13	shall be deducted from the final aid payment to each school district at the end of the fiscal year
14	any amounts owed to the state for these additional educational services. All tuition paid by
15	districts and any aid deducted for non-payment shall be deposited in a restricted receipt account
16	and shall be exempt from the indirect cost recovery provisions of § 35-4-7.
17	(c) The school for the deaf is hereby authorized to rent or lease space in its school
18	building. The school shall deposit any revenues from such agreements into a restricted receipt
19	account, to be known as the school for the deaf rental income account, to be used for the same
20	educational purposes that its state appropriation is used. Any such rental agreements must receive
21	prior approval from the school's board of trustees and by the state properties committee.
22	(d) For students attending the Rhode Island School for the Deaf, in accordance with § 16-
23	26-7(c), costs for those students shall be funded pursuant to the provisions of § 16-7.2-3, effective
24	as of July 1, 2018. The state share of the permanent foundation education aid shall be paid
25	directly to the Rhode Island School for the Deaf pursuant to the provisions of § 16-7.2-7. The
26	local school district shall transfer the difference between the calculated state share of the
27	permanent foundation education aid and the amount calculated pursuant to the provisions of § 16-
28	7.2-7 to the Rhode Island School for the Deaf, until the transition of the state share is complete. In
29	addition, the local school district shall pay the local share of education funding to the Rhode
30	Island School for the Deaf as outlined in § 16-7.2-5.
31	SECTION 6. This article shall take effect upon passage.
32	ARTICLE 10
33	RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2018
34	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
	LC003937 - Page 237 of 402
1	in this act, the following general revenue amounts are hereby appropriated out of any money in
2	the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
3	2018. The amounts identified for federal funds and restricted receipts shall be made available
4	pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the
5	purposes and functions hereinafter mentioned, the state controller is hereby authorized and
6	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
7	portions thereof as may be required from time to time upon receipt by him or her of properly
8	authenticated vouchers.
9	FY 2018 FY 2018 FY 018
10	Enacted Change Final
11	Administration
12	Central Management
13	General Revenue 3,048,657 103,305 3,151,962
14	Total - Central Management 3,048,657 103,305 3,151,962
15	Legal Services
16	General Revenues 2,170,956 (26,682) 2,144,274
17	Total – Legal Services 2,170,956 (26,682) 2,144,274
18	Accounts and Control
19	General Revenue 4,130,796 870,684 5,001,480
20	Restricted Receipt – OPEB Board
21	Administration 225,000 (257) 224,743
22	Total - Accounts and Control 4,355,796 870,427 5,226,223
23	Office of Management and Budget
24	General Revenue 8,882,351 784,000 9,666,351
25	Restricted Receipts 300,000 109,356 409,356
26	Other Funds 1,719,494 (722,905) 996,589
27	Total – Office of Management and
28	Budget 10,901,845 170,451 11,072,296
29	Purchasing
30	General Revenue 2,630,843 89,499 2,720,342
31	Restricted Receipts 540,000 (796) 539,204
32	Other Funds 233,525 101,936 335,461
33	Total – Purchasing 3,404,368 190,639 3,595,007
34	Human Resources
	LC003937 - Page 238 of 402
1	General Revenue 8,057,188 (6,898,076) 1,159,112
2	Federal Funds 1,014,410 (1,014,410) 0
3	Restricted Receipts 610,995 (610,955) 0
4	Other Funds 1,591,954 (1,591,954) 0
5	Total - Human Resources 11,274,547 (10,115,435) 1,159,112
6	Personnel Appeal Board
7	General Revenue 145,130 2,235 147,365
8	Total – Personnel Appeal Board 145,130 2,235 147,365
9	Information Technology
10	General Revenues 22,146,644 (20,687,630) 1,459,014
11	Federal Funds 6,655,755 (6,473,755) 182,000
12	Restricted Receipts 10,777,319 (794,089) 9,983,230
13	Other Funds 2,699,001 (2,609,827) 89,174
14	Total – Information Technology 42,278,719 (30,565,301) 11,713,418
15	Library and Information Services
16	General Revenue 1,479,475 (2,716) 1,476,759
17	Federal Funds 1,157,870 130,513 1,288,383
18	Restricted Receipts 5,500 0 5,500
19	Total - Library and Information Services 2,642,845 127,797 2,770,642
20	Planning
21	General Revenue 1,271,483 (806,112) 465,371
22	Federal Funds 1,000 14,291 15,291
23	Other Funds
24	Air Quality Modeling 24,000 0 24,000
25	Federal Highway – PL Systems Planning 3,172,497 318,487 3,490,984
26	FTA – Metro Planning Grant 1,033,131 (1,301) 1,031,830
27	Other Funds Total 4,229,628 317,186 4,546,814
28	Total - Planning 5,502,111 (474,635) 5,027,476
29	General
30	General Revenues 100,000 0 100,000
31	Provided that this amount be allocated to City Year for the Whole School Whole Child Program,
32	which provides individualized support to at-risk students.
33	Miscellaneous Grants/Payments
34	Torts - Courts/Awards 400,000 0 400,000
	LC003937 - Page 239 of 402
1	State Employees/Teachers Retiree Health 2,321,057 0 2,321,057
2	Resource Sharing and State Library Aid 9,362,072 0 9,362,072
3	Library Construction Aid 2,161,628 0 2,161,628
4	General Funds Total 14,344,757 0 14,344,757
5	Restricted Receipts 700,000 0 700,000
6	Other Funds
7	Rhode Island Capital Plan Funds
8	Security Measures State Buildings 500,000 (250,000) 250,000
9	Energy Efficiency Improvements 1,000,000 (500,000) 500,000
10	Cranston Street Armory 850,000 (350,000) 500,000
11	Zambarano Building Rehabilitation 6,085,000 0 6,085,000
12	Big River Management Area 100,000 2,307 102,307
13	Veterans Memorial Auditorium 205,000 0 205,000
14	RI Convention Center Authority 1,250,000 (250,000) 1,000,000
15	Dunkin Donuts Center 2,350,000 (850,000) 1,500,000
16	Pastore Center Power Plant Rehab. 800,000 0 800,000
17	Virks Building Renovations 5,236,000 1,631,511 6,867,511
18	Accessibility – Facility Renovations 1,000,000 0 1,000,000
19	Cannon Building 700,000 (6,834) 693,166
20	Chapin Health Laboratory 3,550,000 (2,450,000) 1,100,000
21	Environmental Compliance 200,000 200,000 400,000
22	DoIT Operations Center 770,000 (595,000) 175,000
23	Old Colony House 100,000 0 100,000
24	Old State House 1,000,000 (860,000) 140,000
25	Pastore Center Buildings Demolition 175,000 0 175,000
26	Pastore Center Parking 1,300,000 (250,000) 1,050,000
27	Pastore Medical Center Rehab DOA 3,900,000 1,100,000 5,000,000
28	Pastore Center Strategic Plan 600,000 200,092 800,092
29	Pastore Center Utilities Upgrade 2,000,000 1,377,500 3,377,500
30	Pastore Center Water Tanks & Pipes 280,000 465,118 745,118
31	Replacement of Fueling Tanks 450,000 (106,040) 343,960
32	Shepard Building 395,000 (295,000) 100,000
33	State House Energy Mgt Improvement 2,000,000 (2,000,000) 0
34	State House Renovations 1,250,000 1,037,000 2,287,000
	LC003937 - Page 240 of 402
1	State Office Building 700,000 1,010,577 1,710,577
2	Washington County Government Center 1,400,000 (975,000) 425,000
3	William Powers Administration Bldg. 1,000,000 385,000 1,385,000
4	Hospital Consolidation 0 7,850,000 7,850,000
5	Mathias Building Upgrades 0 510,000 510,000
6	Total General 56,190,757 6,031,231 62,221,988
7	Debt Service Payments
8	General Revenue 138,403,065 (1,232,290) 137,170,775
9	Out of the general revenue appropriations for debt service, the General Treasurer is
10	authorized to make payments for the I-195 Redevelopment District Commission loan up to the
11	maximum debt service due in accordance with the loan agreement.
12	Federal Funds 1,870,830 0 1,870,830
13	Other Funds
14	Transportation Debt Service 40,958,106 (118,865) 39,356,516
15	Investment Receipts – Bond Funds 100,000 0 100,000
16	Total - Debt Service Payments 181,332,001 (1,351,155) 179,980,846
17	Energy Resources
18	Federal Funds 723,171 42,534 765,705
19	Restricted Receipts 11,410,652 (1,621,791) 9,788,861
20	Total – Energy Resources 12,133,823 (1,579,257) 10,554,566
21	Rhode Island Health Benefits Exchange
22	General Revenues 2,625,841 0 2,625,841
23	Federal Funds 135,136 4,123,529 4,258,665
24	Restricted Receipts 6,807,845 (768,351) 6,039,494
25	Total - Rhode Island Health Benefits
26	Exchange 9,568,822 3,355,178 12,924,000
27	Construction Permitting, Approvals and Licensing
28	General Revenues 1,790,975 296,122 2,087,097
29	Restricted Receipts 1,187,870 443,373 1,631,243
30	Total – Construction Permitting,
31	Approvals and Licensing 2,978,845 739,495 3,718,340
32	Office of Diversity, Equity, and Opportunity
33	General Revenue 1,282,250 (195,395) 1,086,855
34	Other Funds 86,623 (1,558) 85,065
	LC003937 - Page 241 of 402
1	Total – Office of Diversity, Equity and
2	Opportunity 1,368,873 (196,953) 1,171,920
3	Capital Asset Management and Maintenance
4	General Revenue 33,868,627 (24,066,846) 9,801,781
5	Federal Funds 1,603,917 (1,603,917) 0
6	Restricted Receipts 660,725 (660,725) 0
7	Other Funds 3,874,844 (3,874,844) 0
8	Total – Capital Asset Management and
9	Maintenance 40,008,113 (30,206,332) 9,801,781
10	Undistributed Savings
11	General Revenues (30,080,124) 21,330,124 (8,750,000)
12	Grand Total – Administration 359,226,084 (41,594,868) 317,631,216
13	Business Regulation
14	Central Management
15	General Revenues 1,296,420 793,668 2,090,088
16	Total – Central Management 1,296,420 793,668 2,090,088
17	Banking Regulation
18	General Revenue 1,743,062 (164,554) 1,578,508
19	Restricted Receipts 50,000 25,000 75,000
20	Total–Banking Regulation 1,793,062 (139,554) 1,653,508
21	Securities Regulation
22	General Revenue 974,364 (21,673) 952,691
23	Restricted Receipts 15,000 0 15,000
24	Total - Securities Regulation 989,364 (21,673) 967,691
25	Insurance Regulation
26	General Revenue 3,925,436 (74,213) 3,851,223
27	Restricted Receipts 1,826,495 102,552 1,929,047
28	Total - Insurance Regulation 5,751,931 28,339 5,780,270
29	Office of the Health Insurance Commissioner
30	General Revenue 1,614,318 (43,562) 1,570,756
31	Federal Funds 892,213 157,056 1,049,269
32	Restricted Receipts 228,768 (103,917) 124,851
33	Total – Office of the Health Insurance
34	Commissioner 2,735,299 (60,423) 2,674,876
	LC003937 - Page 242 of 402
1	Board of Accountancy
2	General Revenue 6,000 0 6,000
3	Total – Board of Accountancy 6,000 0 6,000
4	Commercial Licensing, Racing & Athletics
5	General Revenues 893,038 16,334 909,372
6	Restricted Receipts 1,778,614 (39,463) 1,739,151
7	Total - Commercial Licensing, Racing &
8	Athletics 2,671,652 (23,129) 2,648,523
9	Boards for Design Professionals
10	General Revenue 362,455 (362,455) 0
11	Restricted Receipts 0 323,703 323,703
12	Total – Boards for Design Professionals 362,455 (38,752) 323,703
13	Grand Total - Business Regulation 15,606,183 214,773 15,820,956
14	Executive Office of Commerce
15	Central Management
16	General Revenue 1,138,714 (7,755) 1,130,959
17	Housing and Community Development
18	General Revenue 642,391 258,461 900,852
19	Federal Funds 17,890,642 980,743 18,871,385
20	Restricted Receipts 4,749,911 1,500,000 6,249,911
21	Total – Housing and Community
22	Development 23,282,944 2,739,204 26,022,148
23	Quasi-Public Appropriations
24	General Revenue
25	Rhode Island Commerce Corporation 7,474,514 (250,000) 7,224,514
26	Airport Impact Aid 1,025,000 0 1,025,000
27	Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
28	distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
29	the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
30	(40%) of the first $1,000,000 shall be distributed based on the share of landings during the
31	calendar year 2017 at North Central Airport, Newport-Middletown Airport, Block Island Airport,
32	Quonset Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island
33	Commerce Corporation shall make an impact payment to the towns or cities in which the airport
34	is located based on this calculation. Each community upon which any parts of the above airports
	LC003937 - Page 243 of 402
1	are located shall receive at least $25,000.
2	STAC Research Alliance 1,150,000 (250,000) 900,000
3	Innovative Matching Grants/Internships 1,000,000 0 1,000,000
4	1-195 Redevelopment District Commission 761,000 0 761,000
5	Chafee Center at Bryant 376,200 0 376,200
6	Urban Ventures 140,000 0 140,000
7	Polaris Manufacturing Grant 250,000 0 250,000
8	Other Funds
9	Rhode Island Capital Plan Funds
10	I-195 Redevelopment District Commission 300,000 146,053 446,053
11	Quonset Piers 2,600,000 27,341 2,627,341
12	Total- Quasi-Public Appropriations 15,076,714 (326,606) 14,750,108
13	Economic Development Initiatives Fund
14	General Revenue
15	Innovation Initiative 1,000,000 0 1,000,000
16	I-195 Redevelopment Fund 2,000,000 0 2,000,000
17	Main Street RI Streetscape Improvements 500,000 0 500,000
18	Rebuild RI Tax Credit Fund 12,500,000 (3,000,000) 9,500,000
19	First Wave Closing Fund 1,800,000 0 1,800,000
20	Total- Economic Development
21	Initiatives Fund 17,800,000 (3,000,000) 14,800,000
22	Commerce Programs
23	General Revenue
24	Wavemaker Fellowship 800,000 0 800,000
25	Air Service Development 500,000 0 500,000
26	Total - Commerce Programs 1,300,000 0 1,300,000
27	Grand Total - Executive Office of
28	Commerce 58,598,372 (595,157) 58,003,215
29	Labor and Training
30	Central Management
31	General Revenue 134,315 561,934 696,249
32	Restricted Receipts 687,604 (490,957) 196,647
33	Other Funds
34	Rhode Island Capital Plan Funds
	LC003937 - Page 244 of 402
1	Center General Asset Protection 1,630,000 0 1,630,000
2	Other Funds Total 1,630,000 0 1,630,000
3	Total - Central Management 2,451,919 70,977 2,522,896
4	Workforce Development Services
5	General Revenue 704,517 66,325 770,842
6	Federal Funds 22,792,153 7,739,391 30,531,544
7	Restricted Receipts 12,434,856 8,237,982 20,672,838
8	Other Funds 101,601 205,399 307,000
9	Total - Workforce Development
10	Services 36,033,127 16,249,097 52,282,224
11	Workforce Regulation and Safety
12	General Revenue 2,811,148 175,074 2,986,222
13	Income Support
14	General Revenues 4,046,748 63,054 4,109,802
15	Federal Funds 14,138,705 6,685,476 20,824,181
16	Restricted Receipts 2,500,020 (546,765) 1,953,255
17	Other Funds
18	Temporary Disability Insurance Fund 197,566,522 912,200 198,478,722
19	Employment Security Fund 161,220,000 (4,110,000) 157,110,000
20	Other Funds 40,418 (40,418) 0
21	Total - Income Support 379,512,413 2,963,547 382,475,960
22	Injured Workers Services
23	Restricted Receipts 8,701,434 (909,878) 7,791,556
24	Total – Injured Workers Services 8,701,434 (909,878) 7,791,556
25	Labor Relations Board
26	General Revenue 397,335 15,220 412,555
27	Total - Labor Relations Board 397,335 15,220 412,555
28	Grand Total - Labor and Training 429,907,376 18,564,037 448,471,413
29	Department of Revenue
30	Director of Revenue
31	General Revenues 1,244,266 753,621 1,997,887
32	Total – Director of Revenue 1,244,266 753,621 1,997,887
33	Office of Revenue Analysis
34	General Revenue 788,009 (63,874) 724,135
	LC003937 - Page 245 of 402
1	Total – Office of Revenue Analysis 788,009 (63,874) 724,135
2	Lottery Division
3	Other Funds 375,039,436 (4,814,925) 370,224,511
4	Total – Lottery Division 375,039,436 (4,814,925) 370,224,511
5	Municipal Finance
6	General Revenue 3,111,025 (183,467) 2,927,558
7	Taxation
8	General Revenues 22,775,987 (523,006) 22,243,981
9	Federal Funds 1,361,360 (88,354) 1,273,006
10	Restricted Receipts 945,239 (61,850) 883,389
11	Other Funds
12	Motor Fuel Tax Evasion 176,148 (21,182) 154,966
13	Temporary Disability Insurance 1,004,487 (64,520) 939,967
14	Total – Taxation 26,263,221 (767,912) 25,495,309
15	Registry of Motor Vehicles
16	General Revenues 21,175,553 5,840,340 27,015,893
17	Federal Funds 206,140 8,147 214,287
18	Restricted Receipts 2,094,763 0 2,094,763
19	Total - Registry of Motor Vehicles 23,476,456 5,848,487 29,324,943
20	State Aid
21	General Revenue
22	Distressed Communities Relief Fund 12,384,458 0 12,384,458
23	Payment in Lieu of Tax Exempt Properties 45,205,606 0 45,205,606
24	Motor Vehicle Excise Tax Payments 36,000,000 (1,455,809) 34,544,191
25	Property Revaluation Program 937,228 0 937,228
26	Restricted Receipts 922,013 0 922,013
27	Total – State Aid 95,449,305 (1,455,809) 93,993,496
28	Grand Total – Revenue 525,371,718 (683,879) 524,687,839
29	Legislature
30	General Revenues 40,522,507 4,896,878 45,419,385
31	Restricted Receipts 1,729,957 (85,200) 1,644,757
32	Grand Total – Legislature 42,252,464 4,811,678 47,064,142
33	Lieutenant Governor
34	General Revenues 1,084,217 (36,721) 1,047,496
	LC003937 - Page 246 of 402
1	Grand Total - Lieutenant Governor 1,084,217 (36,721) 1,047,496
2	Secretary of State
3	Administration
4	General Revenue 3,382,625 89,434 3,472,059
5	Total – Administration 3,382,625 89,434 3,472,059
6	Corporations
7	General Revenue 2,224,127 (4,861) 2,219,266
8	Total – Corporations 2,224,127 (4,861) 2,219,266
9	State Archives
10	General Revenue 87,150 9,427 96,577
11	Restricted Receipts 414,478 (2,812) 411,666
12	Other Funds
13	Rhode Island Capital Plan Fund
14	State Archives 0 107,546 107,546
15	Total - State Archives 501,628 114,161 615,789
16	Elections & Civics
17	General Revenue 1,906,470 79,692 1,986,162
18	Federal Funds 0 22,859 22,859
19	Total – Elections & Civics 1,906,470 102,551 2,009,021
20	State Library
21	General Revenue 723,385 (128,922) 594,463
22	Total – State Library 723,385 (128,922) 594,463
23	Provided that $125,000 be allocated to support the Rhode Island Historical Society
24	pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the
25	Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.
26	Office of Public Information
27	General Revenue 587,562 2,212 589,774
28	Restricted Receipts 25,000 0 25,000
29	Total – Office of Public Information 612,562 2,212 614,774
30	Grand Total – Secretary of State 9,350,797 174,575 9,525,372
31	General Treasurer
32	Treasury
33	General Revenue 2,456,017 148,919 2,604,936
34	Federal Funds 290,987 16,356 307,343
	LC003937 - Page 247 of 402
1	Other Funds
2	Temporary Disability Insurance Fund 226,879 45,100 271,979
3	Tuition Savings Program 323,363 48,008 371,371
4	Total – Treasury 3,297,246 258,383 3,555,629
5	State Retirement System
6	Restricted Receipts
7	Admin Expenses - State Retirement System 9,244,408 303,749 9,548,157
8	Retirement - Treasury Investment Operations 1,545,880 115,770 1,661,650
9	Defined Contribution – Administration 178,238 (78,308) 99,930
10	Total - State Retirement System 10,968,526 341,211 11,309,737
11	Unclaimed Property
12	Restricted Receipts 26,324,334 211,948 26,536,282
13	Total – Unclaimed Property 26,324,334 211,948 26,536,282
14	Crime Victim Compensation Program
15	General Revenue 242,675 29,070 271,745
16	Federal Funds 799,350 (72,682) 726,668
17	Restricted Receipts 1,132,319 (192,350) 939,969
18	Total - Crime Victim Compensation
19	Program 2,174,344 (235,962) 1,938,382
20	Grand Total – General Treasurer 42,764,450 575,580 43,340,030
21	Board of Elections
22	General Revenue 1,548,735 141,016 1,689,751
23	Grand Total - Board of Elections 1,548,735 141,016 1,689,751
24	Rhode Island Ethics Commission
25	General Revenue 1,665,873 67,420 1,733,293
26	Grand Total - Rhode Island Ethics 1,665,873 67,420 1,733,293
27	Office of Governor
28	General Revenue 5,147,554 75,556 5,223,110
29	Contingency Fund 250,000 67,089 317,089
30	Grand Total – Office of Governor 5,397,554 142,645 5,540,199
31	Commission for Human Rights
32	General Revenue 1,258,074 34,516 1,292,590
33	Federal Funds 432,028 13,379 445,407
34	Grand Total - Commission for Human
	LC003937 - Page 248 of 402
1	Rights 1,690,102 47,895 1,737,997
2	Public Utilities Commission
3	Federal Funds 129,225 36,368 165,593
4	Restricted Receipt 9,007,118 801,701 9,808,819
5	Grand Total - Public Utilities
6	Commission 9,136,343 838,069 9,974,412
7	Office of Health and Human Services
8	Central Management
9	General Revenue 26,992,150 242,782 27,234,932
10	Federal Funds 97,940,878 32,844,161 130,785,039
11	Restricted Receipts 7,942,269 6,593,843 14,536,112
12	Total – Central Management 132,875,297 39,680,786 172,556,083
13	Medical Assistance
14	General Revenue
15	Managed Care 305,669,199 10,775,609 316,444,808
16	Hospitals 97,204,474 (5,804,130) 91,400,344
17	Nursing Facilities 87,025,458 4,698,642 91,724,100
18	Home and Community Based Services 29,133,178 (2,047,188) 27,085,990
19	Of this amount, $250,000 will be for home modification and accessibility enhancements to
20	construct, retrofit and/or renovate residences to allow individuals to remain in community
21	settings. This will be in consultation with the Governor's Commission on Disabilities.
22	Other Services 66,474,753 (1,820,693) 64,654,060
23	Pharmacy 63,129,216 (33,604) 63,095,612
24	Rhody Health 288,671,528 8,168,043 296,839,571
25	Federal Funds
26	Managed Care 384,843,395 11,186,797 396,030,192
27	, Hospitals 100,778,630 (1,975,393) 98,803,237
28	Nursing Facilities 91,818,475 4,957,425 96,775,900
29	Home and Community Based Services 30,737,717 (2,423,707) 28,314,010
30	Other Services 507,836,076 (20,915,337) 486,920,739
31	Pharmacy (1,060,683) (540) (1,061,223)
32	Rhody Health 302,930,915 8,629,514 311,560,429
33	Other Programs 42,500,000 0 42,500,000
34	Restricted Receipts 11,274,268 0 11,274,268
	LC003937 - Page 249 of 402
1	Total - Medical Assistance 2,408,966,599 13,395,438 2,422,362,037
2	Grand Total – Office of Health and
3	Human Services 2,541,841,896 53,076,224 2,594,918,120
4	Children, Youth, and Families
5	Central Management
6	General Revenue 7,157,480 379,869 7,537,349
7	Federal Funds 2,831,574 1,761,597 4,593,171
8	Total - Central Management 9,989,054 2,141,466 12,130,520
9	Children's Behavioral Health Services
10	General Revenue 5,099,171 1,543,060 6,642,231
11	Federal Funds 5,447,794 199,111 5,646,905
12	Other Funds
13	Rhode Island Capital Plan Funds
14	Training School Repairs/Improvements 550,000 (550,000) 0
15	Total - Children's Behavioral Health
16	Services 11,096,965 1,192,171 12,289,136
17	Juvenile Correctional Services
18	General Revenue 22,824,456 1,707,868 24,532,324
19	Federal Funds Total 280,282 5,006 285,288
20	Other Funds
21	Rhode Island Capital Plan Funds
22	Training School Maintenance 0 550,000 550,000
23	Generators – Rhode Island Training
24	School 500,000 150,000 650,000
25	Total - Juvenile Correctional
26	Services 23,604,738 2,412,874 26,017,612
27	Child Welfare
28	General Revenue 96,928,649 4,146,618 101,075,267
29	18 to 21 Year Olds 13,646,106 (1,046,490) 12,599,616
30	Federal Funds 43,160,424 1,829,388 44,989,812
31	18 to 21 Year Olds 7,295,085 (5,100,068) 2,195,017
32	Restricted Receipts 3,128,707 (544,598) 2,584,109
33	Total - Child Welfare 164,158,971 (715,150) 163,443,821
34	Higher Education Incentive Grants
	LC003937 - Page 250 of 402
1	General Revenue 200,000 0 200,000
2	Grand Total - Children, Youth, and
3	Families 209,049,728 5,031,361 214,081,089
4	Health
5	Central Management
6	General Revenue 789,523 1,210,538 2,000,061
7	Federal Funds 3,646,373 383,016 4,029,389
8	Restricted Receipts 4,976,359 1,151,222 6,127,581
9	Total - Central Management 9,412,255 2,744,776 12,157,031
10	Community Health and Equity
11	General Revenue 691,032 (18,981) 672,051
12	Federal Funds 71,790,291 (4,809,603) 66,980,688
13	Restricted Receipts 32,202,603 1,845,336 34,047,939
14	Total – Community Health and Equity 104,683,926 (2,983,248) 101,700,678
15	Environmental Health
16	General Revenue 5,100,209 65,114 5,165,323
17	Federal Funds 7,325,459 (97,725) 7,227,734
18	Restricted Receipts 239,613 98,117 337,730
19	Total - Environmental Health 12,665,281 65,506 12,730,787
20	Health Laboratories and Medical Examiner
21	General Revenue 9,531,063 562,485 10,093,548
22	Federal Funds 2,034,544 (120,179) 1,914,365
23	Total - Health Laboratories &
24	Medical Examiner 11,565,607 442,306 12,007,913
25	Customer Service
26	General Revenue 6,324,375 (311,501) 6,012,874
27	Federal Funds 4,139,231 (166,613) 4,026,618
28	Restricted Receipts 1,087,647 199,768 1,287,145
29	Total – Customer Service 11,605,253 (278,346) 11,326,907
30	Policy, Information and Communications
31	General Revenue 837,790 94,764 932,554
32	Federal Funds 2,354,457 380,576 2,735,033
33	Restricted Receipts 872,764 638,185 1,510,949
34	Total – Policy, Information
	LC003937 - Page 251 of 402
1	and Communications 4,065,011 1,113,525 5,178,536
2	Preparedness, Response, Infectious Disease & Emergency Services
3	General Revenue 1,619,131 (76,186) 1,542,945
4	Federal Funds 14,028,957 (629,068) 13,399,889
5	Total – Preparedness, Response, Infectious
6	Disease & Emergency Services 15,648,088 (705,254) 14,942,834
7	Grand Total – Health 169,645,421 399,265 170,044,686
8	Human Services
9	Central Management
10	General Revenue 3,410,108 56,089 3,466,197
11	Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide
12	direct services through the Coalition Against Domestic Violence, $250,000 is to support Project
13	Reach activities provided by the RI Alliance of Boys and Girls Club, $217,000 is for outreach and
14	supportive services through Day One, $175,000 is for food collection and distribution through the
15	Rhode Island Community Food Bank, $300,000 for services provided to the homeless at
16	Crossroads Rhode Island, and $520,000 for the Community Action Fund and $200,000 for the
17	Institute for the Study and Practice of Nonviolence's Reduction Stategy.
18	Community Action Fund
19	This amount shall be used to provide services to individuals and families through the nine
20	community action agencies.
21	Federal Funds 3,973,906 797,459 4,771,365
22	Restricted Receipts 507,991 (413,808) 94,183
23	Total - Central Management 7,892,005 439,740 8,331,745
24	Child Support Enforcement
25	General Revenue 3,081,319 229,237 3,310,556
26	Federal Funds 7,868,794 49,172 7,917,966
27	Total – Child Support Enforcement 10,950,113 278,409 11,228,522
28	Individual and Family Support
29	General Revenue 20,663,169 4,350,246 25,013,415
30	Federal Funds 99,042,651 2,570,876 101,613,527
31	Restricted Receipts 386,650 44,901 431,551
32	Other Funds
33	Food Stamp Bonus Funding 0 170,000 170,000
34	Intermodal Surface Transportation Fund 4,428,478 0 4,428,478
	LC003937 - Page 252 of 402
1	Rhode Island Capital Plan Funds
2	Blind Vending Facilities 165,000 0 165,000
3	Total - Individual and Family Support 124,685,948 7,136,023 131,821,971
4	Office of Veterans' Affairs
5	General Revenue 20,601,826 2,178,776 22,780,602
6	Support services through Veterans' Organizations
7	Federal Funds 19,211,211 929,886 20,141,097
8	Restricted Receipts 2,241,167 (531,414) 1,709,753
9	Total - Veterans' Affairs 42,054,204 2,577,248 44,631,452
10	Health Care Eligibility
11	General Revenue 6,045,119 1,190,657 7,235,776
12	Federal Funds 8,001,670 471,989 8,473,659
13	Total - Health Care Eligibility 14,046,789 1,662,646 15,709,435
14	Supplemental Security Income Program
15	General Revenue 18,548,119 913,481 19,461,600
16	Total - Supplemental Security Income
17	Program 18,548,119 913,481 19,461,600
18	Rhode Island Works
19	General Revenue 10,612,819 133,840 10,746,659
20	Federal Funds 82,662,141 696,962 83,359,103
21	Total – Rhode Island Works 93,274,960 830,802 94,105,762
22	Other Programs
23	General Revenue 1,558,951 (223,551) 1,335,400
24	Of this appropriation, $180,000 $90,000 shall be used for hardship contingency
25	payments.
26	Federal Funds 282,060,431 69,325 282,129,756
27	Total - State Funded Programs 283,619,382 (154,226) 283,465,156
28	Elderly Affairs
29	General Revenue 6,592,188 650,093 7,242,281
30	Of this amount, $140,000 is to provide elder services, including respite, through the
31	Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term
32	in accordance with Rhode Island General Law 42-66.7, $85,000 for security for housing for the
33	elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $400,000 for Senior
34	Services Support and $580,000 for elderly nutrition, of which $530,000 is for Meals on Wheels.
	LC003937 - Page 253 of 402
1	Federal Funds 12,763,393 629,253 13,392,646
2	Restricted Receipts 134,428 12,507 146,935
3	RIPAE 120,693 (87,693) 33,000
4	Total – Elderly Affairs 19,610,702 1,204,160 20,814,862
5	Grand Total - Human Services 614,682,222 14,888,283 629,570,505
6	Behavioral Healthcare, Developmental Disabilities, and Hospitals
7	Central Management
8	General Revenue 1,655,306 270,594 1,925,900
9	Total - Central Management 1,655,306 995,594 2,650,900
10	Hospital and Community System Support
11	General Revenue 2,067,954 647,839 2,715,793
12	Rhode Island Capital Plan Funds
13	Medical Center Rehabilitation 250,000 224,784 474,784
14	Community Facilities Fire Code 400,000 (400,000) 0
15	Other Funds Total
16	Total - Hospital and Community System
17	Support 2,717,954 472,623 3,190,577
18	Services for the Developmentally Disabled
19	General Revenue 123,584,106 5,596,853 129,180,959
20	Of this general revenue funding, $3.0 million shall be expended on private provider direct
21	support staff raises and associated payroll costs as authorized by the Department of Behavioral
22	Healthcare, Developmental Disabilities and Hospitals. Any increases for direct support staff in
23	residential or other community based settings must first receive the approval of the Office of
24	Management and Budget and the Executive Office of Health and Human Services.
25	Federal Funds 130,151,094 9,603,726 139,754,820
26	Restricted Receipts 1,872,560 (340,310) 1,532,250
27	Other Funds
28	Rhode Island Capital Plan Funds
29	Community Facilities Fire Code 0 416,061 416,061
30	DD Private Waiver 100,000 183,299 283,299
31	RICAP – Regional Center Repair/Rehab 300,000 240,275 540,275
32	MR Community Facilities/Access to Ind. 500,000 0 500,000
33	Total - Services for the Developmentally
34	Disabled 256,507,760 15,699,904 272,207,664
	LC003937 - Page 254 of 402
1	Behavioral Healthcare Services
2	General Revenue 2,543,780 303,651 2,847,431
3	Federal Funds 24,368,659 210,214 24,578,873
4	Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse
5	Task Forces, $250,000 for the Oasis Wellness and Recovery Center and $128,000 shall be
6	expended on NAMI of RI.
7	Restricted Receipts 100,000 0 100,000
8	Other Funds
9	Rhode Island Capital Plan Funds
10	MH Community Facilities Repair 200,000 0 200,000
11	MH Housing Development Thresholds 800,000 0 800,000
12	Substance Abuse Asset Protection 150,000 9,037 159,037
13	Total – Behavioral Healthcare Services 28,162,439 522,902 28,685,341
14	Hospital and Community Rehabilitative Services
15	General Revenue 46,597,476 8,358,722 54,956,198
16	Federal Funds 49,747,706 8,384,125 58,131,831
17	Restricted Receipts 6,536,595 (2,989,889) 3,546,706
18	Other Funds
19	Rhode Island Capital Plan Funds
20	Zambarano Buildings and Utilities 280,000 100,640 380,640
21	Hospital Consolidation 3,310,000 (3,310,000) 0
22	Eleanor Slater HVAC/Elevators 250,000 2,134,265 2,384,265
23	MR Community Facilities 1,025,000 (275,000) 750,000
24	Hospital Equipment 300,000 (4,908) 295,092
25	Total Hospital and Community
26	Rehabilitative Services 108,046,777 12,397,955 120,444,732
27	Grand Total – Behavioral Healthcare,
28	Developmental Disabilities, and Hospitals 397,090,236 30,088,978 427,179,214
29	Office of the Child Advocate
30	General Revenue 781,499 6,382 787,881
31	Federal Funds 144,621 113,317 257,938
32	Grand Total – Office of the Child Advocate 926,120 119,699 1,045,819
33	Commission on the Deaf and Hard of Hearing
34	General Revenue 498,710 (62,028) 436,682
	LC003937 - Page 255 of 402
1	Restricted Receipts 129,200 0 129,200
2	Grand Total – Com on Deaf and Hard of
3	Hearing 627,910 (62,028) 565,882
4	Governor's Commission on Disabilities
5	General Revenue 454,938 23,969 478,907
6	Federal Funds 343,542 (8,375) 335,167
7	Restricted Receipts 43,710 9,888 53,598
8	Grand Total - Governor's Commission on
9	Disabilities 842,190 25,482 867,672
10	Office of the Mental Health Advocate
11	General Revenue 549,563 79,208 628,771
12	Grand Total - Office of the Mental
13	Health Advocate 549,563 79,208 628,771
14	Elementary and Secondary Education
15	Administration of the Comprehensive Education Strategy
16	General Revenue 20,106,907 346,317 20,453,224
17	Provided that $90,000 be allocated to support the hospital school at Hasbro Children's
18	Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $245,000 be allocated
19	to support child opportunity zones through agreements with the department of elementary and
20	secondary education to strengthen education, health and social services for students and their
21	families as a strategy to accelerate student achievement.
22	Federal Funds 201,868,995 5,466,888 207,335,883
23	Restricted Receipts
24	Restricted Receipts 2,241,390 (195,939) 2,045,451
25	HRIC Adult Education Grants 3,500,000 0 3,500,000
26	Total – Administration of the
27	Comprehensive Education Strategy 227,717,292 5,617,266 233,334,558
28	Davies Career and Technical School
29	General Revenue 13,358,058 (82,699) 13,275,359
30	Federal Funds 1,376,685 54,770 1,431,455
31	Restricted Receipts 3,716,922 (21,004) 3,695,918
32	Other Funds
33	Rhode Island Capital Plan Funds
34	Davies HVAC 1,000,000 6,155 1,006,155
	LC003937 - Page 256 of 402
1	Davies Asset Protection 150,000 324,041 474,041
2	Davies Advanced Manufacturing 3,650,000 0 3,650,000
3	Total - Davies Career and Technical
4	School 23,251,665 281,263 23,532,928
5	RI School for the Deaf
6	General Revenue 6,269,979 (19,832) 6,250,147
7	Federal Funds 254,320 299,504 553,824
8	Restricted Receipts 777,791 55,972 833,763
9	Other Funds
10	RI School for the Deaf - Fee for Service 59,000 0 59,000
11	Total - RI School for the Deaf 7,361,090 335,644 7,696,734
12	Metropolitan Career and Technical School
13	General Revenue 9,342,007 0 9,342,007
14	Other Funds
15	Rhode Island Capital Plan Funds
16	MET Asset Protection 250,000 0 250,000
17	Met School HVAC 2,173,000 428,619 2,601,619
18	Total – Metropolitan Career and
19	Technical School 11,765,007 428,619 12,193,626
20	Education Aid
21	General Revenue 890,282,092 (66,040) 890,216,052
22	Restricted Receipts 20,184,044 2,754,585 22,938,629
23	Other Funds
24	Permanent School Fund Education Aid 300,000 0 300,000
25	Total – Education Aid 910,766,136 2,688,545 913,454,681
26	Central Falls School District
27	General Revenue 39,878,367 0 39,878,367
28	Total – Central Falls School District 39,878,367 0 39,878,367
29	School Construction Aid
30	General Revenue
31	School Housing Aid 70,907,110 (1,827,554) 69,079,556
32	School Building Authority Fund 9,092,890 1,827,554 10,920,444
33	Total – School Construction Aid 80,000,000 0 80,000,000
34	Teachers' Retirement
	LC003937 - Page 257 of 402
1	General Revenue 101,833,986 139,942 101,973,928
2	Grand Total - Elementary and Secondary
3	Education 1,402,573,543 9,491,279 1,412,064,822
4	Public Higher Education
5	Office of Postsecondary Commissioner
6	General Revenue 14,578,459 (496,747) 14,081,712
7	Provided that $355,000 shall be allocated to Rhode Island College Crusade pursuant to
8	Rhode Island General Law, Section 16-70-5 and that $30,000 shall be allocated to Best Buddies
9	Rhode Island to support its programs for children with developmental and intellectual disabilities.
10	It is also provided that $2,750,000 $2,981,086 shall be allocated to the Rhode Island Promise
11	Scholarship program.
12	Federal Funds
13	Federal Funds 3,707,287 394,000 4,101,287
14	Guaranty Agency Administration 5,576,382 (5,264) 5,571,118
15	WaytogoRI Portal 650,000 (175,000) 475,000
16	Guaranty Agency Operating Fund 4,000,000 0 4,000,000
17	Restricted Receipts 1,490,341 492,852 1,983,193
18	Other Funds
19	Tuition Savings Program – Dual Enrollment 1,300,000 1,340,000 2,640,000
20	Tuitions Savings Program – Scholarship/
21	Grants 6,095,000 0 6,095,000
22	Nursing Education Center - Operating 5,052,544 (2,545,418) 2,507,126
23	Rhode Island Capital Plan Funds
24	Westerly Campus 0 98,729 98,729
25	Total – Office of the
26	Postsecondary Commissioner 42,450,013 (896,848) 41,553,165
27	University of Rhode Island
28	General Revenue
29	General Revenue 77,371,073 (366,777) 77,004,296
30	Provided that in order to leverage federal funding and support economic development,
31	$350,000 shall be allocated to the Small Business Development Center and that $50,000 shall be
32	allocated to Special Olympics Rhode Island to support its mission of providing athletic
33	opportunities for individuals with intellectual and developmental disabilities.
34	The University shall not decrease internal student financial aid in the 2017 – 2018 academic year
	LC003937 - Page 258 of 402
1	below the level of the 2016 – 2017 academic year. The President of the institution shall report,
2	prior to the commencement of the 2017-2018 academic year, to the chair of the Council of
3	Postsecondary Education that such tuition charges and student aid levels have been achieved at
4	the start of the FY 2018 as prescribed above.
5	Debt Service 22,657,568 107,338 22,764,906
6	RI State Forensics Laboratory 1,201,087 (3,876) 1,197,211
7	Other Funds
8	University and College Funds 645,715,072 (170,646) 645,544,426
9	Debt – Dining Services 1,007,421 (8,280) 999,141
10	Debt – Education and General 3,491,909 (11,370) 3,480,539
11	Debt – Health Services 136,271 0 136,271
12	Debt – Housing Loan Funds 9,984,968 (233,320) 9,751,648
13	Debt – Memorial Union 320,961 0 320,961
14	Debt – Ryan Center 2,423,089 (29,322) 2,393,767
15	Debt – Alton Jones Services 102,964 0 102,964
16	Debt - Parking Authority 1,126,190 (179,673) 946,517
17	Debt – Sponsored Research 84,913 15,409 100,322
18	Debt – Restricted Energy Conservation 810,170 (341,744) 468,426
19	Debt – URI Energy Conservation 1,831,837 (50,551) 1,781,286
20	Rhode Island Capital Asset Plan Funds
21	Asset Protection 8,030,000 522,287 8,552,287
22	Fine Arts Center Advanced Planning 1,000,000 0 1,000,000
23	White Hall Renovations 0 228,969 228,969
24	Electrical Substation 0 581,000 581,000
25	Fire Safety 0 373,348 373,348
26	Biological Resources Lab 0 4,204,831 4,204,831
27	Total – University of Rhode Island 777,295,493 4,637,623 781,933,116
28	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
29	unencumbered balances as of June 30, 2018 relating to the University of Rhode Island are hereby
30	reappropriated to fiscal year 2019.
31	Rhode Island College
32	General Revenue
33	General Revenue 48,188,791 (364,551) 47,824,240
34	Debt Service 4,867,060 1,325,568 6,192,628
	LC003937 - Page 259 of 402
1	Rhode Island College shall not decrease internal student financial aid in the 2017 – 2018
2	academic year below the level of the 2016 – 2017 academic year. The President of the institution
3	shall report, prior to the commencement of the 2017 – 2018 academic year, to the chair of the
4	Council of Postsecondary Education that such tuition charges and student aid levels have been
5	achieved at the start of the FY 2018 as prescribed above.
6	Other Funds
7	University and College Funds 127,503,637 (870,851) 126,632,786
8	Debt – Education and General 1,473,919 (592,875) 881,044
9	Debt – Housing 368,262 0 368,262
10	Debt – Student Center and Dining 154,095 0 154,095
11	Debt – Student Union 235,556 (29,006) 206,550
12	Debt – G.O. Debt Service 1,640,974 0 1,640,974
13	Debt – Energy Conservation 592,875 0 592,875
14	Rhode Island Capital Plan Funds
15	Asset Protection 3,458,431 1,210,476 4,668,907
16	Infrastructure Modernization 4,500,000 1,032,253 5,532,253
17	Academic Building Phase I 6,100,000 0 6,100,000
18	Total – Rhode Island College 199,083,600 1,711,014 200,794,614
19	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
20	unencumbered balances as of June 30, 2018 relating to Rhode Island College are hereby
21	reappropriated to fiscal year 2019.
22	Community College of Rhode Island
23	General Revenue
24	General Revenue 49,935,710 (314,554) 49,621,156
25	The Community College of Rhode Island College shall not decrease internal student
26	financial aid in the 2017 – 2018 academic year below the level as the 2016 – 2017 academic year.
27	The President of the institution shall report, prior to the commencement of the 2017 – 2018
28	academic year, to the chair of the Council of Postsecondary Education that such tuition charges
29	and student aid levels have been achieved at the start of the FY 2018 as prescribed above.
30	Debt Service 2,082,845 0 2,082,845
31	Restricted Receipts 683,649 0 683,649
32	Other Funds
33	University and College Funds 99,588,610 (830,115) 98,758,495
34	CCRI Debt Service – Energy Conservation 805,025 0 805,025
	LC003937 - Page 260 of 402
1	Rhode Island Capital Plan Funds
2	Asset Protection 2,799,063 1,722,759 4,521,822
3	Knight Campus Lab Renovation 375,000 0 375,000
4	Knight Campus Renewal 5,000,000 2,950,427 7,950,427
5	Total – Community College of RI 161,269,902 3,528,517 164,798,419
6	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
7	unencumbered balances as of June 30, 2018 relating to the Community College of Rhode Island
8	are hereby reappropriated to fiscal year 2019.
9	Grand Total – Public Higher
10	Education 1,180,099,008 8,980,306 1,189,079,314
11	RI State Council on the Arts
12	General Revenue
13	Operating Support Grants 780,056 18,304 798,360
14	Grants 1,165,000 0 1,165,000
15	Provided that $375,000 be provided to support the operational costs of WaterFire
16	Providence art installations.
17	Federal Funds 781,454 (29,658) 751,796
18	Restricted Receipts 0 10,881 10,881
19	Other Funds
20	Arts for Public Facilities 345,800 54,200 400,000
21	Grand Total - RI State Council on the Arts 3,072,310 53,727 3,126,037
22	RI Atomic Energy Commission
23	General Revenue 982,157 38,864 1,021,021
24	Federal Funds 0 36,888 36,888
25	Other Funds
26	URI Sponsored Research 272,216 (454) 271,762
27	Rhode Island Capital Plan Funds
28	RINSC Asset Protection 50,000 0 50,000
29	Grand Total - RI Atomic Energy
30	Commission 1,304,373 75,298 1,379,671
31	RI Historical Preservation and Heritage Commission
32	General Revenue 1,121,134 2,020 1,123,154
33	Provided that $30,000 support the operational costs of the Fort Adams Trust's restoration
34	activities.
	LC003937 - Page 261 of 402
1	Federal Funds 860,963 115,240 976,203
2	Restricted Receipts 427,700 4,451 432,151
3	Other Funds
4	RIDOT – Project Review 80,970 0 80,970
5	Grand Total – RI Historical Preservation
6	and Heritage Commission 2,490,767 121,711 2,612,478
7	Attorney General
8	Criminal
9	General Revenue 16,070,177 93,493 16,163,670
10	Federal Funds 16,988,288 13,012,275 30,000,563
11	Restricted Receipts 164,599 (15,497) 149,102
12	Total – Criminal 33,223,064 13,090,271 46,313,335
13	Civil
14	General Revenue 5,251,678 (20,872) 5,230,806
15	Restricted Receipts 631,559 11,807 643,366
16	Total – Civil 5,883,237 (9,065) 5,874,172
17	Bureau of Criminal Identification
18	General Revenue 1,670,102 (17,972) 1,652,130
19	Total – Bureau of Criminal Identification 1,670,102 (17,972) 1,652,130
20	General
21	General Revenue 3,202,794 (103,339) 3,099,455
22	Other Funds
23	Rhode Island Capital Plan Fund
24	Building Renovations and Repairs 150,000 0 150,000
25	Total – General 3,352,794 (103,339) 3,249,455
26	Grand Total - Attorney General 44,129,197 12,959,895 57,089,092
27	Corrections
28	Central Management
29	General Revenue 9,994,732 6,294,827 16,289,559
30	Federal Funds 3,743 109,571 113,314
31	Total – Central Management 9,998,475 6,404,398 16,402,873
32	Parole Board
33	General Revenue 1,420,791 (165,591) 1,255,200
34	Federal Funds 120,827 0 120,827
	LC003937 - Page 262 of 402
1	Total – Parole Board 1,541,618 (165,591) 1,376,027
2	Custody and Security
3	General Revenue 137,893,460 6,695,292 144,588,752
4	Federal Funds 785,392 79,155 864,547
5	Total – Custody and Security 138,678,852 6,774,447 145,453,299
6	Institutional Support
7	General Revenue 14,915,103 (417,163) 14,497,940
8	Other Funds
9	Rhode Island Capital Plan Fund
10	Correctional Facilities Study 0 1,100,000 1,100,000
11	Asset Protection 3,922,042 (922,042) 3,000,000
12	Maximum – General Renovations 1,300,000 63,091 1,363,091
13	Dix Building Renovations 1,075,000 186,143 1,261,143
14	Building State Match – Reintegration C 150,000 1,133 151,133
15	ISC Exterior Envelope and HVAC 2,027,455 0 2,027,455
16	Medium Infrastructure 7,283,688 411,313 7,695,001
17	Total - Institutional Support 30,673,288 422,465 31,095,763
18	Institutional Based Rehab/Population Management
19	General Revenue 11,694,520 1,703,835 13,398,355
20	Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender
21	discharge planning.
22	Federal Funds 584,942 212,901 797,843
23	Restricted Receipts 44,473 5,043 49,516
24	Total – Institutional Based Rehab/Pop/Mgt. 12,323,935 1,921,779 14,245,714
25	Healthcare Services
26	General Revenue
27	Total – Healthcare Services 23,800,253 (411,888) 23,388,365
28	Community Corrections
29	General Revenue 18,581,969 (2,072,961) 16,509,008
30	Federal Funds 86,980 34,286 121,266
31	Restricted Receipts 14,895 0 14,895
32	Total – Community Corrections 18,683,844 (2,038,675) 16,645,169
33	Grand Total – Corrections 235,700,265 12,906,945 248,607,210
34	Judiciary
	LC003937 - Page 263 of 402
1	Supreme Court
2	General Revenue
3	General Revenue 28,306,302 641,486 28,947,788
4	Provided however, that no more than $1,183,205 in combined total shall be offset to the
5	Public Defender's Office, the Attorney General's Office, the Department of Corrections, the
6	Department of Children Youth and Families, and the Department of Public Safety for square-
7	footage occupancy costs in public courthouses and further provided that $230,000 be allocated to
8	the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy
9	project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to
10	Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.
11	Defense of Indigents 3,803,166 0 3,803,166
12	Federal Funds 121,481 20,270 141,751
13	Restricted Receipts 3,980,969 (598,436) 3,382,533
14	Other Funds
15	Rhode Island Capital Plan Fund
16	Judicial HVAC 900,000 0 900,000
17	Judicial Complexes Asset Protection 950,000 82,391 1,032,391
18	Licht Judicial Complex Restoration 750,000 75,956 825,956
19	Licht Window/Exterior Restoration 500,000 0 500,000
20	Noel Shelled Courtroom Build Out 4,000,000 0 4,000,000
21	Total - Supreme Court 43,311,918 221,667 43,533,585
22	Judicial Tenure and Discipline
23	General Revenue 146,008 1,017 147,025
24	Total – Judicial Tenure and Discipline 146,008 1,017 147,025
25	Superior Court
26	General Revenue 23,379,864 (122,360) 23,257,504
27	Federal Funds 91,739 (485) 91,254
28	Restricted Receipts 370,781 15,170 385,951
29	Total - Superior Court 23,842,384 (107,675) 23,734,709
30	Family Court
31	General Revenue 20,695,682 (33,366) 20,662,316
32	Federal Funds 2,908,095 (129,952) 2,778,143
33	Total - Family Court 23,603,777 (163,318) 23,440,459
34	District Court
	LC003937 - Page 264 of 402
1	General Revenue 13,165,035 (51,513) 13,113,522
2	Federal Funds 289,829 (145,439) 144,390
3	Restricted Receipts 60,000 0 600,000
4	Total - District Court 13,514,864 (196,952) 13,317,912
5	Traffic Tribunal
6	General Revenue 9,468,420 (579,187) 8,889,233
7	Total – Traffic Tribunal 9,468,420 (579,187) 8,889,233
8	Workers' Compensation Court
9	Restricted Receipts 8,118,883 (18,198) 8,100,685
10	Total – Workers' Compensation Court 8,118,883 (18,198) 8,100,685
11	Grand Total – Judiciary 122,006,254 (842,646) 121,163,608
12	Military Staff
13	General Revenue 2,634,057 1,275,103 3,909,160
14	Federal Funds 27,746,960 (1,446,739) 26,300,221
15	Restricted Receipts
16	RI Military Family Relief Fund 100,000 0 100,000
17	Restricted Receipts – Total 100,000 0 100,000
18	Other Funds
19	Rhode Island Capital Plan Fund
20	Armory of Mounted Command Roof
21	Replacement 949,775 37,500 987,275
22	Asset Protection 700,000 300,000 1,000,000
23	Benefit Street Arsenal Rehabilitation 0 12,613 12,613
24	Burrillville Regional Training Institute 22,150 (22,150) 0
25	Bristol Readiness Center 125,000 0 125,000
26	Joint Force Headquarters Building 5,900,000 62,064 5,962,064
27	Grand Total – Military Staff 38,177,942 218,391 38,396,333
28	Public Safety
29	Central Management
30	General Revenue 1,015,489 99,322 1,114,811
31	Federal Funds 10,918,463 (4,321,111) 6,597,352
32	Total – Central Management 11,933,952 (4,221,789) 7,712,163
33	E-911 Emergency Telephone System
34	General Revenue 5,894,522 (444,552) 5,449,970
	LC003937 - Page 265 of 402
1	Total - E-911 Emergency Telephone
2	System 5,894,522 (444,552) 5,449,970
3	State Fire Marshal
4	General Revenue 3,669,361 (286,054) 3,383,307
5	Federal Funds 277,167 95,678 372,845
6	Restricted Receipts 212,166 0 212,166
7	Other Funds
8	Rhode Island Capital Plan Fund
9	Fire Training Academy 0 524,503 524,503
10	Quonset Development Corporation 72,442 (8,979) 63,463
11	Total - State Fire Marshal 4,231,136 325,148 4,556,284
12	Security Services
13	General Revenue 23,937,443 5,748 23,943,191
14	Total – Security Services 23,937,443 5,748 23,943,191
15	Municipal Police Training Academy
16	General Revenue 269,414 4,624 274,038
17	Federal Funds 239,365 231,220 470,585
18	Total - Municipal Police Training
19	Academy 508,779 235,844 744,623
20	State Police
21	General Revenue 65,492,857 1,249,247 66,742,104
22	Federal Funds 3,444,674 2,511,649 5,956,323
23	Restricted Receipts 203,758 492,549 696,307
24	Other Funds
25	Lottery Commission Assistance 1,495,293 (189,547) 1,305,746
26	Airport Commission Assistance 150,000 (320) 149,680
27	Road Construction Reimbursement 2,934,672 (733,161) 2,201,511
28	Weight & Measurement Reimbursement 400,000 (95,011) 304,989
29	Rhode Island Capital Plan Funds
30	DPS Asset Protection 250,000 476,797 726,797
31	Training Academy Upgrades 100,000 427,268 527,268
32	Facilities Master Plan 0 200,000 200,000
33	Total - State Police 74,471,254 4,339,471 78,810,725
34	Grand Total – Public Safety 120,977,086 239,870 121,216,956
	LC003937 - Page 266 of 402
1	Office of Public Defender
2	General Revenue 12,043,006 (217,430) 11,825,576
3	Federal Funds 97,820 3,165 100,985
4	Grand Total - Office of Public Defender 12,140,826 214,265 11,926,561
5	Emergency Management
6	General Revenue 1,734,470 182,792 1,917,262
7	Federal Funds 14,775,673 356,800 15,132,473
8	Restricted Receipts 450,095 (1,013) 449,082
9	Other Funds
10	Rhode Island Capital Plan Fund
11	Emergency Management Building 0 189,750 189,750
12	RI Statewide Communications Network 1,494,414 0 1,494,652
13	Grand Total – Emergency
14	Management 18,454,652 728,329 19,182,981
15	Environmental Management
16	Office of the Director
17	General Revenue 5,541,873 1,588,772 7,130,645
18	Of this general revenue amount, $50,000 is appropriated to the Conservation Districts.
19	Federal Funds 0 503 503
20	Restricted Receipts 4,054,487 (134,408) 3,920,079
21	Total – Office of the Director 9,596,360 1,454,867 11,051,227
22	Natural Resources
23	General Revenue 21,088,161 27,369 21,115,530
24	Federal Funds 23,024,285 711,645 23,735,930
25	Restricted Receipts 3,998,533 426,369 4,424,902
26	Other Funds
27	DOT Recreational Projects 1,178,375 (107) 1,178,268
28	Blackstone Bikepath Design 2,059,579 (107) 2,059,472
29	Transportation MOU 78,350 (120) 78,230
30	Rhode Island Capital Plan Funds
31	Dam Repair 2,245,805 136,838 2,382,643
32	Fort Adams Rehabilitation 300,000 0 300,000
33	Fort Adams Sailing Improvements/
34	Mid-Park 1,750,000 69,851 1,819,851
	LC003937 - Page 267 of 402
1	Recreational Facilities Improvements 2,450,000 1,293,225 3,743,225
2	Galilee Piers Upgrade 1,250,000 28,767 1,278,767
3	Newport Piers 137,500 72,662 210,162
4	Fish & Wildlife Maintenance Facilities 150,000 (150,000) 0
5	Greenway Blackstone Valley Park
6	Improvements 359,170 387,100 746,270
7	Natural Resources Offices/Visitor's
8	Center 1,000,000 (77,256) 922,744
9	Rocky Point Acquisition/Renovations 150,000 87,768 237,768
10	Marine Infrastructure/Pier Development 500,000 100,000 600,000
11	State Recreation Building Demolition 100,000 100,000 200,000
12	World War II Facility 0 50,861 50,861
13	Total - Natural Resources 61,819,758 3,264,685 65,084,443
14	Environmental Protection
15	General Revenue 12,674,150 (485,246) 12,188,904
16	Federal Funds 10,375,027 375,711 10,750,738
17	Restricted Receipts 9,321,063 (11,826) 9,309,237
18	Other Funds
19	Transportation MOU 164,734 (134) 164,600
20	Total - Environmental Protection 32,534,974 (121,495) 32,413,479
21	Grand Total - Environmental Management 103,951,092 4,598,057 108,549,149
22	Coastal Resources Management Council
23	General Revenue 2,487,578 2,945 2,490,523
24	Federal Funds 1,649,291 2,564,530 4,213,821
25	Restricted Receipts 250,000 0 250,000
26	Other Funds
27	Rhode Island Capital Plan Funds
28	Rhode Island Coastal Storm Risk Study 150,000 0 150,000
29	Narragansett Bay SAMP 250,000 (150,000) 100,000
30	Green Pond Dredging Study 50,000 0 50,000
31	Grand Total - Coastal Resources Mgmt. 4,836,869 2,417,475 7,254,344
32	Transportation
33	Central Management
34	Federal Funds 6,756,379 1,305,324 8,061,703
	LC003937 - Page 268 of 402
1	Other Funds
2	Gasoline Tax 4,799,653 99,923 4,899,576
3	Total – Central Management 11,556,032 1,405,247 12,961,279
4	Management and Budget
5	Other Funds
6	Gasoline Tax 2,942,455 2,344,474 5,286,929
7	Infrastructure Engineering – GARVEE/Motor Fuel Tax Bonds
8	Federal Funds
9	Federal Funds 274,247,090 3,641,321 277,888,411
10	Federal Funds – Stimulus 4,386,593 621,134 5,007,727
11	Restricted Receipts 3,168,128 (82,050) 3,086,078
12	Other Funds
13	Gasoline Tax 76,170,795 (1,096,165) 75,074,630
14	Land Sale Revenue 2,673,125 (41,997) 2,631,128
15	Toll Revenue 0 4,000,000 4,000,000
16	Rhode Island Capital Plan Fund
17	RIPTA Land and Buildings 90,000 0 90,000
18	T.F. Greene Airport Improvements 2,000,000 0 2,000,000
19	RIPTA Pawtucket Bus Hub 313,018 0 313,018
20	RIPTA Providence Transit Connector 470,588 0 470,588
21	Highway Improvement Program 35,851,346 7,054,211 42,905,557
22	Total – Infrastructure Engineering 399,370,683 14,096,454 413,467,137
23	Infrastructure Maintenance
24	Other Funds
25	Gasoline Tax 20,612,520 (4,685,719) 15,926,801
26	Non-Land Surplus Property 50,000 0 50,000
27	Outdoor Advertising 100,000 0 100,000
28	Rhode Island Highway Maintenance
29	Account 74,433,382 67,537,472 141,970,854
30	Rhode Island Capital Plan Fund
31	Maintenance Facilities Improvements 400,000 123,989 523,989
32	Salt Storage Facilities 1,750,000 0 1,750,000
33	Maintenance-Capital Equip.
34	Replacement 2,500,000 156,324 2,656,324
	LC003937 - Page 269 of 402
1	Train Station Maintenance and Repairs 350,000 0 350,000
2	Total – Infrastructure Maintenance 100,195,902 63,132,066 163,327,968
3	Grand Total – Transportation 514,065,072 80,978,241 595,043,313
4	Statewide Totals
5	General Revenue 3,767,715,656 34,005,942 3,806,721,598
6	Federal Funds 3,134,144,774 87,899,494 3,222,044,286
7	Restricted Receipts 261,725,805 14,083,993 275,809,798
8	Other Funds 2,079,248,575 78,430,325 2,157,678,900
9	Statewide Grand Total
10	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
11	appropriation.
12	SECTION 3. 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
15	cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
16	managed in a businesslike manner, promote efficient use of services by making agencies pay the
17	full costs associated with providing the services, and allocate the costs of central administrative
18	services across all fund types, so that federal and other non-general fund programs share in the
19	costs of general government support. The controller is authorized to reimburse these accounts for
20	the cost of work or services performed for any other department or agency subject to the
21	following expenditure limitations:
22	FY 2018 FY 2018 FY2018
23	Account Enacted Change Final
24	State Assessed Fringe Benefit Internal Service Fund 41,229,448 (2,787,454) 38,441,994
25	Administration Central Utilities Internal Service Fund 24,910,320 (2,000,000) 22,910,320
26	State Central Mail Internal Service Fund 6,838,505 (252,910) 6,585,595
27	State Telecommunications Internal Service Fund 3,244,413 309,509 3,553,922
28	State Automotive Fleet Internal Service Fund 12,510,602 (198,418) 12,312,184
29	Surplus Property Internal Service Fund 3,000 0 3,000
30	Health Insurance Internal Service Fund 251,804,700 325,267 252,129,967
31	State Fleet Revolving Loan Fund 273,786 0 273,786
32	Other Post-Employment Benefits Fund 63,852,483 0 63,852,483
33	Capital Police Internal Service Fund 1,306,128 (226,206) 1,079,922
34	Corrections Central Distribution Center Internal
	LC003937 - Page 270 of 402
1	Service Fund 6,784,478 333,580 7,118,058
2	Correctional Industries Internal Service Fund 7,581,704 428,666 8,010,370
3	Secretary of State Record Center Internal Service Fund 807,345 133,146 940,491
4	Human Resources Internal Service Fund 0 12,012,230 12,012,230
5	DCAMM Facilities Internal Service Fund 0 37,286,593 37,286,593
6	Information Technology Internal Service Fund 0 32,179,344 32,179,344
7	SECTION 4. Departments and agencies listed below may not exceed the number of full-time
8	equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do not
9	include seasonal or intermittent positions whose scheduled period of employment does not exceed
10	twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-
11	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
17	recommendation and authorization to adjust shall be transmitted to the chairman of the House
18	Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal
19	Advisor.
20	State employees whose funding is from non-state general revenue funds that are time limited shall
21	receive limited term appointment with the term limited to the availability of non-state general
22	revenue funding source.
23	FY 2018 FTE POSITION AUTHORIZATION
24	Departments and Agencies Full-Time Equivalent
25	Administration 696.7
26	Business Regulation 101.0 106.0
27	Executive Office of Commerce 17.0
28	Labor and Training 428.7
29	Revenue 533.5 529.5
30	Legislature 298.5
31	Office of the Lieutenant Governor 8.0
32	Office of the Secretary of State 59.0
33	Office of the General Treasurer 89.0
34	Board of Elections 12.0
	LC003937 - Page 271 of 402
1	Rhode Island Ethics Commission 12.0
2	Office of the Governor 45.0
3	Commission for Human Rights 14.5
4	Public Utilities Commission 51.0 54.0
5	Office of Health and Human Services 285.0
6	Children, Youth, and Families 616.5 612.5
7	Health 493.6 506.6
8	Human Services 981.1
9	Behavioral Health, Developmental Disabilities, and Hospitals 1,319.4
10	Office of the Child Advocate 8.0
11	Commission on the Deaf and Hard of Hearing 4.0
12	Governor's Commission on Disabilities 4.0
13	Office of the Mental Health Advocate 4.0
14	Elementary and Secondary Education 139.1
15	School for the Deaf 60.0
16	Davies Career and Technical School 126.0
17	Office of the Postsecondary Commissioner 37.0 38.0
18	Provided that 1.0 of the total authorization would be available only for positions that are
19	supported by third-party funds.
20	University of Rhode Island 2,489.5
21	Provided that 573.8 of the total authorization would be available only for positions that are
22	supported by third-party funds.
23	Rhode Island College 926.2
24	Provided that 76.0 of the total authorization would be available only for positions that are
25	supported by third-party funds.
26	Community College of Rhode Island 854.1
27	Provided that 89.0 of the total authorization would be available only for positions that are
28	supported by third-party funds.
29	Rhode Island State Council on the Arts 8.6
30	RI Atomic Energy Commission 8.6
31	Historical Preservation and Heritage Commission 15.6
32	Office of the Attorney General 235.1
33	Corrections 1,423.0 1,435.0
34	Judicial 723.3
	LC003937 - Page 272 of 402
1	Military Staff 92.0
2	Public Safety 611.6
3	Office of the Public Defender 93.0
4	Emergency Management 32.0
5	Environmental Management 400.0
6	Coastal Resources Management Council 29.0
7	Transportation 775.0
8	Total 15,160.2 15,186.2
9	SECTION 5. Notwithstanding any provisions of Chapter 12.2 in Title 46 of the Rhode
10	Island General Laws, the Rhode Island Infrastructure Bank shall transfer to the State Controller
11	the sum of three million five hundred thousand dollars ($3,500,000) eight million five hundred
12	thousand dollars ($8,500,000) by June 30, 2018.
13	SECTION 6. Rhode Island Housing. Notwithstanding any provision of Chapter 55 in Title
14	42 of the Rhode Island General Laws, the Rhode Island Housing shall transfer to the State
15	Controller the sum of one million dollars ($1,000,000) six million dollars ($6,000,000) by June
16	30, 2018.
17	SECTION 7. Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode Island
18	General Laws, the Resource Recovery Corporation shall transfer to the State Controller the sum
19	of three million dollars ($3,000,000) by June 30, 2018.
20	SECTION 8. Notwithstanding any provisions of Chapter 12 in Title 24 of the Rhode Island
21	General Laws, the Rhode Island Turnpike and Bridge Authority shall transfer to the State
22	Controller the sum of one million five hundred thousand dollars ($1,500,000) by June 30, 2018.
23	SECTION 9. Notwithstanding any provisions of Chapter 62 in Title 16 of the Rhode Island
24	General Laws, the Rhode Island Student Loan Authority shall transfer to the State Controller the
25	sum of three million dollars ($3,000,000) by June 30, 2018.
26	SECTION 10. Notwithstanding any general laws to the contrary, the Department of
27	Business Regulation shall transfer to the State Controller the sum of seven hundred fifty thousand
28	dollars ($750,000) from the Insurance Companies Assessment for Actuary Costs restricted
29	receipts account by June 30, 2018.
30	SECTION 11. Notwithstanding any general laws to the contrary, the Department of
31	Business Regulation shall transfer to the State Controller the sum of eight hundred thousand
32	dollars ($800,000) from the Commercial Licensing, Racing and Athletics Reimbursement
33	restricted receipts account by June 30, 2018.
34	SECTION 12. Notwithstanding any provisions of Chapter 15.1 in Title 46 of the Rhode
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1	Island General Laws or other laws to the contrary, the Department of Administration shall
2	transfer to the State Controller the sum of one million fifty thousand three hundred thirty nine
3	dollars ($1,050,339) from the Water Resources Board Corporate escrow account by June 30,
4	2018.
5	SECTION 13. This article shall take effect upon passage.
6	ARTICLE 11
7	RELATING TO WORKFORCE DEVELOPMENT
8	SECTION 1. Sections 28-14-19 and 28-14-19.1 and of the General Laws in Chapter 28-
9	14 entitled “Payment of Wages” are hereby amended to read as follows:
10	28-14-19. Enforcement powers and duties of director of labor and training.
11	(a) It shall be the duty of the director to insure compliance with the provisions of this chapter 28-
12	14 and 28-12. The director or his or her designee may investigate any violations thereof, institute
13	or cause to be instituted actions for the collection of wages and institute action for penalties or
14	other relief as provided for within and pursuant to those chapters. The director or his or her
15	authorized representatives are empowered to hold hearings and he or she shall cooperate with any
16	employee in the enforcement of a claim against his or her employer in any case whenever, in his
17	or her opinion, the claim is just and valid.
18	(b) Upon receipt of a complaint or conducting an inspection under applicable law, the
19	director or his or her appropriate departmental designee is authorized to investigate to determine
20	compliance with the chapters 28-12 and/or 28-14.
21	(c) With respect to all complaints deemed just and valid, the director or his or her
22	designee shall order a hearing thereon at a time and place to be specified, and shall give notice
23	thereof, together with a copy of the complaint or the purpose thereof, or a statement of the facts
24	disclosed upon investigation, which notice shall be served personally or by mail on any person,
25	business, corporation, or entity of any kind affected thereby. The hearing shall be scheduled
26	within thirty (30) days of service of a formal complaint as provided herein. The person, business,
27	corporation, or entity shall have an opportunity to be heard in respect to the matters complained
28	of at the time and place specified in the notice. The hearing shall be conducted by the director or
29	his or her designee. The hearing officer in the hearing shall be deemed to be acting in a judicial
30	capacity, and shall have the right to issue subpoenas, administer oaths, and examine witnesses.
31	The enforcement of a subpoena issued under this section shall be regulated by Rhode Island civil
32	practice law and rules. The hearing shall be expeditiously conducted and upon such hearing the
33	hearing officer shall determine the issues raised thereon and shall make a determination and enter
34	an order within thirty (30) days of the close of the hearing, and forthwith serve a copy of the
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1	order, with a notice of the filing thereof, upon the parties to the proceeding, personally or by mail.
2	The order shall dismiss the complaint or direct payment of any wages and/or benefits found to be
3	due and/or award such other appropriate relief or penalties authorized under chapter 28-12 and/or
4	28-14, and the order may direct payment of reasonable attorneys' fees and costs to the
5	complaining party. Interest at the rate of twelve percent (12%) per annum shall be awarded in the
6	order from the date of the nonpayment to the date of payment.
7	(d) The order shall also require payment of a further sum as a civil penalty in an amount
8	up to two (2) times the total wages and/or benefits found to be due, exclusive of interest, which
9	shall be shared equally between the department and the aggrieved party. In determining the
10	amount of any penalty to impose, the director or his or her designee shall consider the size of the
11	employer's business, the good faith of the employer, the gravity of the violation, the previous
12	violations and whether or not the violation was an innocent mistake or willful.
13	(e) The director may institute any action to recover unpaid wages or other compensation
14	or obtain relief as provided under this section with or without the consent of the employee or
15	employees affected.
16	(f) No agreement between the employee and employer to work for less than the
17	applicable wage and/or benefit rate or to otherwise work under and/or conditions in violation of
18	applicable law is a defense to an action brought pursuant to this section.
19	(g) The director shall notify the contractors' registration board of any order issued or any
20	determination hereunder that an employer has violated chapters 28-12, 28-14 and/or 37-13. The
21	director shall notify the tax administrator of any determination hereunder that may affect liability
22	for an employer's payment of wages and/or payroll taxes.
23	(h) There is hereby established a restricted receipt account within the department of labor
24	and training, which shall be entitled the “misclassification task force and workplace fraud unit.”
25	Revenues collected under this section for the department and under § 28-14-19.1 shall be
26	deposited into the misclassification task force and workplace fraud unit account. Any additional
27	revenues, after expenses for the misclassification task force and workplace fraud unit, shall be
28	paid into the state's general fund annually on the last business day of the fiscal year.
29	28-14-19.1. Misclassification of employees.
30	(a) The misclassification of a worker whether performing work as a natural person,
31	business, corporation, or entity of any kind, as an independent contractor when the worker should
32	be considered and paid as an employee shall be considered a violation of this chapter.
33	(b) In addition to any other relief to which any department or an aggrieved party may be
34	entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less
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1	than one thousand five hundred dollars ($1,500) and not greater than three thousand dollars
2	($3,000) for each misclassified employee for a first offense and up to five thousand dollars
3	($5,000) for each misclassified employee for any subsequent offense, which shall be shared
4	equally between the department and the aggrieved party.
5	(c) In determining the amount of any penalty imposed under this section, the director or
6	his or her designee shall consider the size of the employer's business; the good faith of the
7	employer; the gravity of the violation; the history of previous violations; and whether or not the
8	violation was an innocent mistake or willful.
9	(d) A violation of this section may be adjudicated under § 28-14-19 and consolidated
10	with any labor standards violation or under §§ 37-13-14.1 and 37-13-15 and consolidated with
11	any prevailing wage violation.
12	(e) A violation of this section may be brought or adjudicated by any division of the
13	department of labor and training.
14	(f) The department shall notify the contractor's registration board and the tax
15	administrator of any violation of this section.
16	(g) Revenues generated from this section shall be deposited into the misclassification task
17	force and workplace fraud unit fund restricted receipt account established by § 28-14-19(h) to
18	cover the expenses of the misclassification task force and workplace fraud unit. Any additional
19	revenues, after expenses for the misclassification task force and workplace fraud unit, shall be
20	paid into the state's general fund annually on the last business day of the fiscal year..
21	SECTION 2. Section 28-42-84 of the General Laws in Chapter 28-42 entitled
22	“Employment Security – General Provisions” is hereby amended to read as follows:
23	28-42-84. Job development fund – Disbursements – Unexpended balance.
24	(a) The moneys in the job development fund shall be used for the following purposes:
25	(1) To reimburse the department of labor and training for the loss of any federal funds
26	resulting from the collection and maintenance of the fund by the department;
27	(2) To make refunds of contributions erroneously collected and deposited in the fund;
28	(3) To pay any administrative expenses incurred by the department of labor and training
29	associated with the collection of the contributions for employers paid pursuant to § 28-43-8.5, and
30	any other administrative expenses associated with the maintenance of the fund, including the
31	payment of all premiums upon bonds required pursuant to § 28-42-85;
32	(4) To provide for job training, counseling and assessment services, and other related
33	activities and services. Services will include, but are not limited to, research, development,
34	coordination, and training activities to promote workforce development and business
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1	development as established by the governor's workforce board Rhode Island (workforce board);
2	(5) To support the state's job training for economic development;
3	(6) Beginning January 1, 2001, two-hundredths of one percent (0.02%) out of the job
4	development assessment paid pursuant to § 28-43-8.5 shall be used to support necessary, core
5	services in the unemployment insurance and employment services programs operated by the
6	department of labor and training; and
7	(7) Beginning January 1, 2011, and ending in tax year 2014, three tenths of one percent
8	(0.3%) out of the fifty-one hundredths of one percent (0.51%) job development assessment paid
9	pursuant to § 28-43-8.5 shall be deposited into a restricted receipt account to be used solely to pay
10	the principal and/or interest due on Title XII advances received from the federal government in
11	accordance with the provisions of Section 1201 of the Social Security Act [42 U.S.C. § 1321];
12	provided, however, that if the federal Title XII loans are repaid through a state revenue bond or
13	other financing mechanism, then these funds may also be used to pay the principal and/or interest
14	that accrues on that debt. Any remaining funds in the restricted receipt account, after the
15	outstanding principal and interest due has been paid, shall be transferred to the employment
16	security fund for the payment of benefits; and
17	(8) Beginning January 1, 2019, the amount of the job development assessment paid
18	pursuant to § 28-43-8.5, nineteen-hundredths of one percent (0.19%) shall be used to support
19	necessary, core services in the unemployment insurance and employment services programs
20	operated by the department of labor and training.
21	(b) The general treasurer shall pay all vouchers duly drawn by the workforce board upon
22	the fund, in any amounts and in any manner that the workforce board may prescribe. Vouchers so
23	drawn upon the fund shall be referred to the controller within the department of administration.
24	Upon receipt of those vouchers, the controller shall immediately record and sign them and shall
25	promptly transfer those signed vouchers to the general treasurer. Those expenditures shall be used
26	solely for the purposes specified in this section and its balance shall not lapse at any time but shall
27	remain continuously available for expenditures consistent with this section. The general assembly
28	shall annually appropriate the funds contained in the fund for the use of the workforce board and,
29	in addition, for the use of the department of labor and training effective July 1, 2000, and for the
30	payment of the principal and interest due on federal Title XII loans beginning July 1, 2011;
31	provided, however, that if the federal Title XII loans are repaid through a state revenue bond or
32	other financing mechanism, then the funds may also be used to pay the principal and/or interest
33	that accrues on that debt.
34	SECTION 3. Section 28-43-8.5 of the General Laws in Chapter 28-43 entitled
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1	“Employment Security – Contributions” is hereby amended to read as follows:
2	28-43-8.5. Job development assessment.
3	(a) For the tax years 2011 through 2014, each employer subject to this chapter shall be
4	required to pay a job development assessment of fifty-one hundredths of one percent (0.51%) of
5	that employer's taxable payroll, in addition to any other payment which that employer is required
6	to make under any other provision of this chapter; provided, that the assessment shall not be
7	considered as part of the individual employer's contribution rate for the purpose of determining
8	the individual employer's balancing charge pursuant to § 28-43-9; provided, further, upon full
9	repayment of any outstanding principal and/or interest due on Title XII advances received from
10	the federal government in accordance with the provisions of section 1201 of the Social Security
11	Act [42 U.S.C. § 1321], including any principal and/or interest that accrues on debt from a state
12	revenue bond or other financing mechanism used to repay the Title XII advances, then the job
13	development assessment shall be reduced to twenty-one hundredths of one percent (0.21%)
14	beginning the tax quarter after the full repayment occurs. The tax rate for all employer’s subject
15	to the contribution provisions of chapters 42 – 44 of this title shall be reduced by twenty-one
16	hundredths of one percent (0.21%). For tax year 2015 and subsequent years through 2018, each
17	employer subject to this chapter shall be required to pay a job development assessment of twenty-
18	one hundredths of one percent (0.21%) of that employer's taxable payroll, in addition to any other
19	payment which that employer is required to make under any other provision of this chapter;
20	provided, that the assessment shall not be considered as part of the individual employer's
21	contribution rate for the purpose of determining the individual employer's balancing charge
22	pursuant to § 28-43-9. The tax rate for all employers subject to contribution provisions of
23	chapters 42 – 44 of this title shall be reduced by twenty-one hundredths of one percent (0.21%).
24	For tax year 2019 and subsequent years, each employer subject to this chapter shall be required to
25	pay a base job development assessment of twenty-one hundredths of one percent (0.21%) of that
26	employer's taxable payroll, plus a job development assessment add-on as computed annually
27	pursuant to subsection (b) of this section, in addition to any other payment which that employer is
28	required to make under any other provision of this chapter; provided, that the assessment shall not
29	be considered as part of the individual employer's contribution rate for the purpose of determining
30	the individual employer's balancing charge pursuant to § 28-43-9.
31	(b) On September 30, 2018, and each September 30 thereafter, the job development
32	assessment add-on shall be computed by dividing the amount of interest earned by the
33	employment security fund in the prior calendar year by one hundred and ten percent (110%) of
34	the taxable wages in the prior calendar year. The result shall be rounded down to the nearest one
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1	hundredth of a percent (.01%). This amount shall be in effect during the next ensuing calendar
2	year provided, however, that no job development assessment add-on shall apply if:
3	(1) tax schedule I is scheduled to be in effect for the ensuing calendar year; or
4	(2) the employment security fund did not earn interest during the prior calendar year.
5	(c) The tax rate for all employers subject to contribution provisions of chapters 42 – 44 of
6	this title shall be reduced by the total job development assessment as determined under subsection
7	(b) of this section.
8	SECTION 4. Chapter 42-64.6 of the General Laws entitled “Jobs Training Tax Credit
9	Act” is hereby amended by adding thereto the following section:
10	42-64.6-9. Sunset.
11	No credits authorized under this chapter shall be awarded for tax years beginning on or
12	after January 1, 2018.
13	SECTION 5. Section 42-102-11 of the General Laws in Chapter 42-102 entitled
14	“Governor’s Workforce Board Rhode Island” is hereby amended to read as follows:
15	42-102-11. State Work Immersion Program.
16	(a)(1) The workforce board (“board”) shall develop a state work immersion program and
17	a non-trade, apprenticeship program. For the purposes of this section work immersion shall mean
18	a temporary, paid, work experience that provides a meaningful learning opportunity and increases
19	the employability of the participant. The programs shall be designed in order to provide post-
20	secondary school students, recent college graduates, and unemployed adults Rhode Island
21	residents and/or students attending secondary schools, post-secondary schools or training
22	programs with a meaningful work experience, and to assist employers by training individuals for
23	potential employment.
24	(2) Funding for the work immersion program will be allocated from the job development
25	fund account and/or from funds appropriated in the annual appropriations act. Appropriated funds
26	will match investments made by employers in providing meaningful work immersion positions
27	and non-trade apprenticeships.
28	(b) For each participant in the work immersion program, the program shall reimburse
29	eligible employers up to fifty percent (50%) of the cost of not more than four hundred
30	(400) hours of work experience and during a period of ten (10) weeks. If an eligible employer
31	hires a program participant at the completion of such a program, the state may provide
32	reimbursement for a total of seventy-five percent (75%) of the cost of the work immersion
33	position. Employers participating in the work immersion program may be eligible to receive a
34	reimbursement of up to seventy-five percent (75%) of the approved program participant’s wages
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1	paid during their work experience.
2	(c) The board shall create a non-trade apprenticeship program and annually award
3	funding on a competitive basis to at least one (1) new initiative proposed and operated by
4	the
5	Governor's Workforce Board Industry Partnerships. This program shall meet the
6	standards of apprenticeship programs defined pursuant to § 28-45-9 of the general laws. The
7	board shall present the program to the state apprenticeship council, established pursuant to
8	chapter 28-45 of the general laws, for review and consideration.
9	(d) An eligible participant in programs established in subsections (b) and (c) must be at
10	least eighteen (18) years of age and must be a Rhode Island resident. Provided, however,
11	any
12	non-Rhode Island resident, who is enrolled in a college or university, located in Rhode
13	Island, is eligible to participate while enrolled at the college or university.
14	(e) In order to fully implement the provisions of this section, the board is authorized to
15	promulgate rules and regulations. The rules and regulations shall define eligible employers that
16	can participate in the programs created by this section.
17	SECTION 6. Chapter 42-102 of the General Laws entitled “Governor’s Workforce Board
18	Rhode Island” is hereby amended by adding thereto the following sections:
19	42-102-14. Real Jobs Rhode Island program established.
20	(a) There is hereby established within the governor’s workforce board Rhode Island, the
21	“Real Jobs Rhode Island program” to serve as the primary program by which the state creates,
22	coordinates, supports and holds accountable industry-led partnerships to help place new
23	employees into immediate job openings, and up-skill existing employees to remain competitive
24	and create pipelines of talent for future workforce needs; and by this means provide Rhode Island
25	companies with the talent necessary to thrive in a competitive, global economy, and provide
26	Rhode Island residents with opportunity to participate in shared prosperity by securing
27	meaningful employment.
28	42-102-14.1. Definitions.
29	(a) As used in this chapter, the following terms are defined as follows:
30	(1) “Credential” means a recognized:
31	(i) Educational diploma;
32	(ii) Certificate or degree;
33	(iii)Occupational license;
34	(iv)Apprenticeship certificate;
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1	(v)Industry recognized certification; or
2	(vi)Certificate or award issued for skills attainment and/or completion of an approved
3	training program.
4	(2) “Department” means the department of labor and training.
5	(3) “Real Jobs Rhode Island program” means the Real Jobs Rhode Island program as
6	established under this chapter.
7	(4) “Real Jobs Rhode Island partnership” means an industry or sector collaboration that
8	brings together a group that may include employers, institutions of higher education, local
9	government, trade associations, non-profit or community based agencies, or other relevant
10	partners to:
11	(i) Identify common workforce needs within an industry or sector of the state’s economy;
12	and
13	(ii) Develop and implement industry strategies to meet identified workforce needs.
14	42-102-14.2. Administration of Real Jobs Rhode Island.
15	(a) The Real Jobs Rhode Island program shall be administered by the governor’s
16	workforce board Rhode Island as part of the department.
17	(b) The Real Jobs Rhode Island program, shall:
18	(1) Provide grants on a competitive basis for:
19	(i) An approved sector partnership for the development of a strategy consistent with the
20	purpose of the Real Jobs Rhode Island program; and
21	(ii)Workforce training programs and other qualified programs that lead to placement in a
22	job, or provide industry recognized skills training to individuals that result in a credential or
23	attainment of an identifiable skill consistent with an approved Real Jobs Rhode Island partnership
24	strategy.
25	(2) An application for a Real Jobs Rhode Island grant shall include:
26	(i) A description of a specific action plan to be carried out by the partnership, including a
27	description of the workforce need the plan seeks to address; and
28	(ii) A collaborative approach demonstrated by participation from groups with varied
29	backgrounds, which may include, but is not limited to: employers, industry associations, training
30	providers, institutes of higher education and community based or non-profit institutions.
31	(3) Evidence of proactive engagement of Rhode Island’s employer community to
32	ascertain real-time workforce needs and identifiable skills gaps commonly presented by
33	applicants;
34	(4) Develop performance goals and metrics for each approved Real Jobs Rhode Island
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1	partnership and review such goals and metrics with each partnership continuously to ascertain
2	any areas where the partnership or the program should adjust to meet desired outcomes or address
3	issues to better serve employers, their workforce and program participants alike;
4	(c) The governor’s workforce board may revoke grant funding from a Real Jobs Rhode
5	Island partnership for cause, as determined by the department, with an administrative appeal to
6	the governor’s workforce board.
7	42-102-14.3. Regulations.
8	(a) The department may promulgate appropriate guidelines or regulations regarding the
9	implementation of the Real Jobs Rhode Island program and any terms and conditions required to
10	participate in the program.
11	42-102-14.4. Public education and outreach.
12	(a) The governor’s workforce board shall inform employers, employees, industry
13	associations, educational institutions, community based groups, non-profit institutions and the
14	public about the program, its benefits and opportunities.
15	SECTION 7. This Article shall take effect upon passage.
16	ARTICLE 12
17	RELATING TO ECONOMIC DEVELOPMENT
18	SECTION 1. Section 42-64-36 of the General Laws in Chapter 42-64 entitled “Rhode
19	Island Commerce Corporation” is hereby amended to read as follows:
20	42-64-36. Program accountability.
21	(a) The board of the Rhode Island commerce corporation shall be responsible for
22	establishing accountability standards, reporting standards and outcome measurements for each of
23	its programs to include, but not be limited to, the use of tax credits, loans, loan guarantees and
24	other financial transactions managed or utilized by the corporation. Included in the standards shall
25	be a set of principles and guidelines to be followed by the board to include:
26	(1) A set of outcomes against which the board will measure each program's and offering's
27	effectiveness;
28	(2) A set of standards for risk analysis for all of the programs especially the loans and
29	loan guarantee programs; and
30	(3) A process for reporting out all loans, loan guarantees and any other financial
31	commitments made through the corporation that includes the purpose of the loan, financial data
32	as to payment history and other related information.
33	(b) The board shall annually prepare a report starting in January 2015 which shall be
34	submitted to the house and senate.
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1	(c) The report shall summarize the above listed information on each of its programs and
2	offerings and contain recommendations for modification, elimination or continuation.
3	(d) The board shall coordinate its efforts with the office of revenue to not duplicate
4	information on the use of tax credits and other tax expenditures.
5	(e) In addition to its annual reporting process to the General Assembly and public, which
6	includes the corporation’s annual performance report submitted pursuant to this section and § 42-
7	64-28, and reports submitted pursuant to §§ 42-64.20-9(b), 42-64.21-8(a) and (c), 42-64.22-14(a),
8	42-64.23-5(d), 42-64.24-5(d), 42-64.25-12, 42-64.26-6, 42-64.27-4, 42-64.28-9, 42-64.29-7(a),
9	42-64.31-3, 44-48.3-13(b) and (c), the corporation will also specifically assess the performance,
10	effectiveness, and economic impact of the incentive programs associated with §§ 42-64.20, 42-
11	64.21, 42-64.22, 42-64.23, 42-64.24, 42-64.25, 42-64.26, 42-64.27, 42-64.28, 42-64.29, 42-64.31,
12	and 44-48.3-13.
13	(1) The reports required by § 42-64-36(e) shall be provided to the chairpersons of the
14	house and senate finance committees, the director of the office of management and budget, and
15	the board of the commerce corporation by or before January 1 of each year. The reports shall be
16	presented in a public meeting to the board of the commerce corporation.
17	SECTION 2. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled
18	“Rebuild Rhode Island Tax Credit” is hereby repealed.
19	42-64.20-10. Sunset.
20	No credits shall be authorized to be reserved pursuant to this chapter after December 31,
21	2018.
22	SECTION 3. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled
23	“Rhode Island Tax Increment Financing” is hereby repealed.
24	42-64.21-9. Sunset.
25	The commerce corporation shall enter into no agreement under this chapter after
26	December 31, 2018.
27	SECTION 4. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled “Tax
28	Stabilization Incentive” is hereby repealed.
29	42-64.22-15. Sunset.
30	The commerce corporation shall enter into no agreement under this chapter after
31	December 31, 2018.
32	SECTION 5. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled “First
33	Wave Closing Fund” is hereby repealed.
34	42-64.23-8. Sunset.
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1	No financing shall be authorized to be reserved pursuant to this chapter after December
2	31, 2018.
3	SECTION 6. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195
4	Redevelopment Project Fund” is hereby repealed.
5	42-64.24-8. Sunset.
6	No funding, credits, or incentives shall be authorized or authorized to be reserved
7	pursuant to this chapter after December 31, 2018.
8	SECTION 7. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled
9	“Small Business Assistance Program” is hereby repealed.
10	42-64.25-14. Sunset.
11	No grants, funding, or incentives shall be authorized pursuant to this chapter after
12	December 31, 2018.
13	SECTION 8. Section 42-64.26-12 of the General Laws in Chapter 42-64.26 entitled
14	“Stay Invested in RI Wavemaker Fellowship” is hereby repealed.
15	42-64.26-12. Sunset.
16	No incentives or credits shall be authorized pursuant to this chapter after December 31,
17	2018.
18	SECTION 9. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled “Main
19	Street Rhode Island Streetscape Improvement Fund” is hereby repealed.
20	42-64.27-6. Sunset.
21	No incentives shall be authorized pursuant to this chapter after December 31, 2018.
22	SECTION 10. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled
23	“Innovation Initiative” is hereby repealed.
24	42-64.28-10. Sunset.
25	No vouchers, grants, or incentives shall be authorized pursuant to this chapter after
26	December 31, 2018.
27	SECTION 11. Section 42-64.29-8 of the General Laws in Chapter 42-64.29 entitled
28	“Industry Cluster Grants” is hereby repealed.
29	42-64.29-8. Sunset.
30	No grants or incentives shall be authorized to be reserved pursuant to this chapter after
31	December 31, 2018.
32	SECTION 12. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled
33	“High School, College, and Employer Partnerships” is hereby repealed.
34	42-64.31-4. Sunset.
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1	No grants shall be authorized pursuant to this chapter after December 31, 2018.
2	SECTION 13. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled
3	“Rhode Island New Qualified Jobs Incentive Act 2015” is hereby repealed.
4	44-48.3-14. Sunset.
5	No credits shall be authorized to be reserved pursuant to this chapter after December 31,
6	2018.
7	SECTION 14. Sections 42-64.20-3 and 42-64.20-5 of the General Laws in Chapter 42-
8	64.20 entitled "Rebuild Rhode Island Tax Credit" are hereby amended to read as follows:
9	42-64.20-3. Definitions.
10	As used in this chapter:
11	(1) "Adaptive reuse" means the conversion of an existing structure from the use for which
12	it was constructed to a new use by maintaining elements of the structure and adapting such
13	elements to a new use.
14	(2) "Affiliate" means an entity that directly or indirectly controls, is under common
15	control with, or is controlled by the business. Control exists in all cases in which the entity is a
16	member of a controlled group of corporations as defined pursuant to § 1563 of the Internal
17	Revenue Code of 1986 (26 U.S.C. § 1563) or the entity is an organization in a group of
18	organizations under common control as defined pursuant to subsection (b) or (c) of § 414 of the
19	Internal Revenue Code of 1986 (26 U.S.C. § 414). A taxpayer may establish by clear and
20	convincing evidence, as determined by the tax administrator, that control exists in situations
21	involving lesser percentages of ownership than required by those statutes. An affiliate of a
22	business may contribute to meeting either the capital investment or full-time employee
23	requirements of a business that applies for a credit under this chapter.
24	(3) "Affordable housing" means housing for sale or rent with combined rental costs or
25	combined mortgage loan debt service, property taxes, and required insurance that do not exceed
26	thirty percent (30%) of the gross annual income of a household earning up to eighty percent
27	(80%) of the area median income, as defined annually by the United States Department of
28	Housing and Urban Development.
29	(4) "Applicant" means a developer applying for a rebuild Rhode Island tax credit under
30	this chapter.
31	(5) "Business" means a corporation as defined in general laws § 44-11-1(4), or a
32	partnership, an S corporation, a non-profit corporation, a sole proprietorship, or a limited liability
33	corporation. A business shall include an affiliate of the business if that business applies for a
34	credit based upon any capital investment made by an affiliate.
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1	(6) "Capital investment" in a real estate project means expenses by a developer incurred
2	after application for:
3	(i) Site preparation and construction, repair, renovation, improvement, equipping, or
4	furnishing on real property or of a building, structure, facility, or improvement to real property;
5	(ii) Obtaining and installing furnishings and machinery, apparatus, or equipment,
6	including but not limited to material goods for the operation of a business on real property or in a
7	building, structure, facility, or improvement to real property.
8	In addition to the foregoing, if a developer acquires or leases a qualified development
9	project, the capital investment made or acquired by the seller or owner, as the case may be, if
10	pertaining primarily to the premises of the qualified development project, shall be considered a
11	capital investment by the developer and, if pertaining generally to the qualified development
12	project being acquired or leased, shall be allocated to the premises of the qualified development
13	project on the basis of the gross leasable area of the premises in relation to the total gross leasable
14	area in the qualified development project. The capital investment described herein shall be
15	defined through rules and regulations promulgated by the commerce corporation.
16	(7) "Certified historic structure" means a property which is located in the state of Rhode
17	Island and is
18	(i) Listed individually on the national register of historic places; or
19	(ii) Listed individually in the state register of historic places; or
20	(iii) Located in a registered historic district and certified by either the Rhode Island
21	historical preservation and heritage commission created pursuant to § 42-45-2 or the Secretary of
22	the Interior as being of historic significance to the district.
23	(8) "Commerce corporation" means the Rhode Island commerce corporation established
24	pursuant to general laws § 42-64-1 et seq.
25	(9) "Commercial" shall mean non-residential development.
26	(10) "Developer" means a person, firm, business, partnership, association, political
27	subdivision, or other entity that proposes to divide, divides, or causes to be divided real property
28	into a subdivision or proposes to build, or builds a building or buildings or otherwise improves
29	land or existing structures, which division, building, or improvement qualifies for benefits under
30	this chapter.
31	(11) "Development" means the improvement of land through the carrying out of building,
32	engineering, or other operations in, on, over, or under land, or the making of any material change
33	in the use of any buildings or land for the purposes of accommodating land uses.
34	(12) "Eligibility period" means the period in which a developer may claim a tax credit
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1	under this act, beginning with the tax period in which the commerce corporation accepts
2	certification from the developer that it has met the requirements of the act and extending
3	thereafter for a term of five (5) years.
4	(13) "Full-time employee" means a person who is employed by a business for
5	consideration for a minimum of at least thirty-five (35) hours per week, or who renders any other
6	standard of service generally accepted by custom or practice as full-time employment, or who is
7	employed by a professional employer organization pursuant to an employee leasing agreement
8	between the business and the professional employer organization for a minimum of thirty-five
9	(35) hours per week, or who renders any other standard of service generally accepted by custom
10	or practice as full-time employment, and whose wages are subject to withholding.
11	(14) "Hope community" means a municipality for which the five (5) year average
12	percentage of families with income below the federal poverty level exceeds the state five (5) year
13	average percentage, both as most recently reported by the U.S. Department of Commerce, Bureau
14	of the Census.
15	(15) "Mixed use" means a development comprising both commercial and residential
16	components.
17	(16) “Manufacturer” shall mean any entity that:
18	(a) Uses any premises within the state primarily for the purpose of transforming raw
19	materials into a finished product for trade through any or all of the following operations:
20	adapting, altering, finishing, making, processing, refining, metalworking, and ornamenting, but
21	shall not include fabricating processes incidental to warehousing or distribution of raw materials,
22	such as alteration of stock for the convenience of a customer; or
23	(b) Is described in codes 31-33 of the North American Industry Classification System, as
24	revised from time to time.
25	(16)(17) "Partnership" means an entity classified as a partnership for federal income tax
26	purposes.
27	(17)(18) "Placed in service" means the earlier of i) substantial construction or
28	rehabilitation work has been completed which would allow for occupancy of an entire structure or
29	some identifiable portion of a structure, as established in the application approved by the
30	commerce corporation board or ii) receipt by the developer of a certificate, permit or other
31	authorization allowing for occupancy of the project or some identifiable portion of the project by
32	the municipal authority having jurisdiction.
33	(18)(19) "Project" means qualified development project as defined under subsection (22).
34	(19)(20) "Project area" means land or lands under common ownership or control in which
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1	a qualified development project is located.
2	(20)(21) "Project cost" means the costs incurred in connection with the qualified
3	development project or qualified residential or mixed use project by the applicant until the
4	issuance of a permanent certificate of occupancy, or until such other time specified by the
5	commerce corporation, for a specific investment or improvement, as defined through rules and
6	regulations promulgated by the commerce corporation.
7	(21)(22) "Project financing gap" means
8	(i) The part of the total project cost that remains to be financed after all other sources of
9	capital have been accounted for (such sources will include, but not be limited to, developer-
10	contributed capital), which shall be defined through rules and regulations promulgated by the
11	commerce corporation, or
12	(ii) The amount of funds that the state may invest in a project to gain a competitive
13	advantage over a viable and comparable location in another state by means described in this
14	chapter.
15	(22)(23) "Qualified development project" means a specific construction project or
16	improvement, including lands, buildings, improvements, real and personal property or any
17	interest therein, including lands under water, riparian rights, space rights and air rights, acquired,
18	owned, leased, developed or redeveloped, constructed, reconstructed, rehabilitated or improved,
19	undertaken by a developer, owner or tenant, or both, within a specific geographic area, meeting
20	the requirements of this chapter, as set forth in an application made to the commerce corporation.
21	(24) “Qualified small business project” means a commercial project that is located
22	within one block of a project awarded funding under the Main Street Rhode Island
23	Streetscape Improvement Fund Act, chapter 64.27 of title 42, or as determined by the commerce
24	corporation to be located in a local business district consistent with the purposes of chapter 64.27
25	of title 42.
26	(23)(25) "Recognized historical structure" means a property which is located in the state
27	of Rhode Island and is commonly considered to be of historic or cultural significance as
28	determined by the commerce corporation in consultation with the state historic preservation
29	officer.
30	(24)(26) "Residential" means a development of residential dwelling units.
31	(25)(27) "Targeted industry" means any advanced, promising or otherwise prioritized
32	industry identified in the economic development vision and policy promulgated pursuant General
33	Laws § 42-64.17-1 or, until such time as any such economic development vision and policy is
34	promulgated, as identified by the commerce corporation.
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1	(26)(28) "Transit oriented development area" means an area in proximity to transit
2	infrastructure that will be further defined by regulation of the commerce corporation in
3	consultation with the Rhode Island department of transportation.
4	(27)(29) "Workforce housing" means housing for sale or rent with combined rental costs
5	or combined mortgage loan debt service, property taxes, and required insurance that do not
6	exceed thirty percent (30%) of the gross annual income of a household earning between eighty
7	percent (80%) and one hundred and forty percent (140%) of the area median income, as defined
8	annually by the United States Department of Housing and Urban Development.
9	42-64.20-5. Tax Credits.
10	(a) An applicant meeting the requirements of this chapter may be allowed a credit as set
11	forth hereinafter against taxes imposed upon such person under applicable provisions of title 44
12	of the general laws for a qualified development project.
13	(b) To be eligible as a qualified development project entitled to tax credits, an applicant's
14	chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the
15	time of application, that:
16	(1) The applicant has committed capital investment or owner equity of not less than
17	twenty percent (20%) of the total project cost;
18	(2) There is a project financing gap in which after taking into account all available private
19	and public funding sources, the project is not likely to be accomplished by private enterprise
20	without the tax credits described in this chapter; and
21	(3) The project fulfills the state's policy and planning objectives and priorities in that:
22	(i) The applicant will, at the discretion of the commerce corporation, obtain a tax
23	stabilization agreement from the municipality in which the real estate project is located on such
24	terms as the commerce corporation deems acceptable;
25	(ii) It (A) is a commercial development consisting of at least 25,000 square feet occupied
26	by at least one business employing at least 25 full-time employees after construction or such
27	additional full-time employees as the commerce corporation may determine; (B) is a multi-family
28	residential development in a new, adaptive reuse, certified historic structure, or recognized
29	historical structure consisting of at least 20,000 square feet and having at least 20 residential units
30	in a hope community; or (C) is a mixed-use development in a new, adaptive reuse, certified
31	historic structure, or recognized historical structure consisting of at least 25,000 square feet
32	occupied by at least one business, subject to further definition through rules and regulations
33	promulgated by the commerce corporation; and
34	(iii) Involves a total project cost of not less than $5,000,000, except for a qualified
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1	development project located in a hope community or redevelopment area designated under § 45-
2	32-4 or in which event the commerce corporation shall have the discretion to modify the
3	minimum project cost requirement.
4	(c) Applicants qualifying for a tax credit pursuant to chapter 33.6 of title 44 shall be
5	exempt from the requirements of subparagraphs (b)(3)(ii) and (b)(3)(iii). The following procedure
6	shall apply to such applicants:
7	(1) The division of taxation shall remain responsible for determining the eligibility of an
8	applicant for tax credits awarded under chapter 33.6 of title 44;
9	(2) The commerce corporation shall retain sole authority for determining the eligibility of
10	an applicant for tax credits awarded under this chapter; and
11	(3) The commerce corporation shall not award in excess of fifteen percent (15%) of the
12	annual amount appropriated in any fiscal year to applicants seeking tax credits pursuant to
13	subsection (c).
14	(d) Applicants whose project is occupied by at least one manufacturer or is a qualified
15	small business project shall be exempt from the requirements of subparagraphs (b)(3)(ii) and
16	(b)(3)(iii), and the commerce corporation may establish minimum project cost amounts required
17	for eligibility under this paragraph. In the case of qualified small business projects, the commerce
18	corporation may require a plan for the area and/or demonstration of support from a municipality,
19	local business association, or chamber of commerce.
20	(d)(e) Maximum project credit.
21	(i) For qualified development projects, the maximum tax credit allowed under this
22	chapter shall be the lesser of (1) thirty percent (30%) of the total project cost; or (2) the amount
23	needed to close a project financing gap (after taking into account all other private and public
24	funding sources available to the project), as determined by the commerce corporation.
25	(ii) The credit allowed pursuant to this chapter shall not exceed fifteen million dollars
26	($15,000,000) for any qualified development project under this chapter. No building or qualified
27	development project to be completed in phases or in multiple projects shall exceed the maximum
28	project credit of fifteen million dollars ($15,000,000) for all phases or projects involved in the
29	rehabilitation of such building. Provided, however, that for purposes of this subsection and no
30	more than once in a given fiscal year, the commerce corporation may consider the development
31	of land and buildings by a developer on the "I-195 land" (as defined in section 42-64.24-3(6) of
32	the general laws) as a separate, qualified development project from a qualified development
33	project by a tenant or owner of a commercial condominium or similar legal interest including
34	leasehold improvement, fit out, and capital investment. Such qualified development project by a
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1	tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be
2	exempted from subparagraph (d)(i)(1).
3	(e)(f) Credits available under this chapter shall not exceed twenty percent (20%) of the
4	project cost, provided, however, that the applicant shall be eligible for additional tax credits of not
5	more than ten percent (10%) of the project cost, if the qualified development project meets any of
6	the following criteria or other additional criteria determined by the commerce corporation from
7	time to time in response to evolving economic or market conditions:
8	(1) The project includes adaptive reuse or development of a recognized historical
9	structure;
10	(2) The project is undertaken by or for a targeted industry;
11	(3) The project is located in a transit-oriented development area;
12	(4) The project includes residential development of which at least twenty percent (20%)
13	of the residential units are designated as affordable housing or workforce housing;
14	(5) The project includes the adaptive reuse of property subject to the requirements of the
15	industrial property remediation and reuse act, sections 23-19.14-1 et seq.; or
16	(6) The project includes commercial facilities constructed in accordance with the
17	minimum environmental and sustainability standards, as certified by the commerce corporation
18	pursuant to Leadership in Energy and Environmental Design or other equivalent standards.
19	(f)(g) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter
20	shall not exceed one hundred and fifty million dollars ($150,000,000).
21	(g)(h) Tax credits shall not be allowed under this chapter prior to the taxable year in
22	which the project is placed in service.
23	(h)(i) The amount of a tax credit allowed under this chapter shall be allowable to the
24	taxpayer in up to five, annual increments; no more than thirty percent (30%) and no less than
25	fifteen percent (15%) of the total credits allowed to a taxpayer under this chapter may be
26	allowable for any taxable year, except for projects with a project financing gap of less than
27	$500,000.
28	(i)(j) If the portion of the tax credit allowed under this chapter exceeds the taxpayer's total
29	tax liability for the year in which the relevant portion of the credit is allowed, the amount that
30	exceeds the taxpayer's tax liability may be carried forward for credit against the taxes imposed for
31	the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits
32	allowed to a partnership, a limited liability company taxed as a partnership, or multiple owners of
33	property shall be passed through to the persons designated as partners, members, or owners
34	respectively pro rata or pursuant to an executed agreement among such persons designated as
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1	partners, members, or owners documenting an alternate distribution method without regard to
2	their sharing of other tax or economic attributes of such entity.
3	(j)(k) The commerce corporation in consultation with the division of taxation shall
4	establish, by regulation, the process for the assignment, transfer, or conveyance of tax credits.
5	(k)(l) For purposes of this chapter, any assignment or sales proceeds received by the
6	taxpayer for its assignment or sale of the tax credits allowed pursuant to this section shall be
7	exempt from taxation under title 44. If a tax credit is subsequently revoked or adjusted, the
8	seller's tax calculation for the year of revocation or adjustment shall be increased by the total
9	amount of the sales proceeds, without proration, as a modification under chapter 30 of title 44. In
10	the event that the seller is not a natural person, the seller's tax calculation under chapters 11, 13,
11	14, or 17 of title 44 of the general laws, as applicable, for the year of revocation, or adjustment,
12	shall be increased by including the total amount of the sales proceeds without proration.
13	(l)(m) The tax credit allowed under this chapter may be used as a credit against corporate
14	income taxes imposed under chapters 11, 13, 14, or 17, of title 44, or may be used as a credit
15	against personal income taxes imposed under chapter 30 of title 44 for owners of pass-through
16	entities such as a partnership, a limited liability company taxed as a partnership, or multiple
17	owners of property.
18	(m)(n) In the case of a corporation, this credit is only allowed against the tax of a
19	corporation included in a consolidated return that qualifies for the credit and not against the tax of
20	other corporations that may join in the filing of a consolidated tax return.
21	(n)(o) Upon request of a taxpayer and subject to annual appropriation, the state shall
22	redeem such credit, in whole or in part, for ninety percent (90%) of the value of the tax credit.
23	The division of taxation, in consultation with the commerce corporation, shall establish by
24	regulation a redemption process for tax credits.
25	(o)(p) Projects eligible to receive a tax credit under this chapter may, at the discretion of
26	the commerce corporation, be exempt from sales and use taxes imposed on the purchase of the
27	following classes of personal property only to the extent utilized directly and exclusively in such
28	project: (1) Furniture, fixtures and equipment, except automobiles, trucks, or other motor
29	vehicles; or (2) Such other materials, including construction materials and supplies, that are
30	depreciable and have a useful life of one year or more and are essential to the project.
31	(p)(q) The commerce corporation shall promulgate rules and regulations for the
32	administration and certification of additional tax credit under subsection (e), including criteria for
33	the eligibility, evaluation, prioritization, and approval of projects that qualify for such additional
34	tax credit.
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1	(q)(r) The commerce corporation shall not have any obligation to make any award or
2	grant any benefits under this chapter.
3	SECTION 15. Section 42-64.25-6 of the General Laws in Chapter 42-64.25 entitled
4	"Small Business Assistance Program" is hereby amended to read as follows:
5	42-64.25-6. Micro-loan allocation.
6	Notwithstanding anything to the contrary in this chapter, not less than ten percent (10%)
7	and not more than twenty-five percent (25%) of program funds will be allocated to "micro loans"
8	with a principal amount between two thousand dollars ($2,000) and twenty-five thousand dollars
9	($25,000). Micro loans will be administered by lending organizations, which will be selected by
10	the commerce corporation on a competitive basis and shall have experience in providing technical
11	and financial assistance to microenterprises.
12	SECTION 16. Title 42 of the General Laws entitled "State Affairs and Government" is
13	hereby amended by adding thereto the following chapter:
14	CHAPTER 64.33
15	REFUNDABLE INVESTMENT TAX CREDIT ACT
16	42-64.33-1. Short title. This chapter shall be known and may be cited as the “Refundable
17	Investment Tax Credit Act.”
18	42-64.33-2. Legislative findings. Although chapter 31 of title 44 of the Rhode Island
19	general laws (the “Investment Tax Credit statute”) establishes tax credits for eligible taxpayers
20	for certain investments for the construction of facilities, the acquisition of tangible personal
21	property, and the training of employees, the Investment Tax Credit statute does not allow for the
22	taking of such tax credits by certain business entities and further does not provide for refunds to
23	the extent that the tax credits exceed the eligible taxpayers’ tax liability. Through the
24	establishment of a refundable investment tax credit program for manufacturers, Rhode Island can
25	foster further investment by manufacturing businesses and thereby encourage businesses to
26	contribute in a meaningful way to the economic development of this state. In so doing, this
27	program will further advance the competitiveness of Rhode Island and its companies in the
28	national and global economies and result in the creation and/or retention of jobs and tax revenues
29	for the state.
30	42-64.33-3. Definitions.
31	As used in this chapter:
32	(1) “Business” means a manufacturer that is a C corporation, S corporation, partnership,
33	limited partnership, limited liability partnership, limited liability company, or sole proprietorship;
34	(2) “Commerce corporation” means the Rhode Island commerce corporation established
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1	pursuant to general laws 42-64-1 et. seq.;
2	(3) “Eligible taxpayer” means a taxpayer eligible for an investment tax credit pursuant to
3	general law 44-31-1;
4	(4) “Manufacturing” and “Manufacturer” shall have the same meanings as provided in
5	44-
6	31-1(b)(1) and (2) and shall further include any entity described in major groups 20
7	through 39 in the Standard Industrial Classification Manual prepared by the technical committee
8	on industrial classification, office of statistical standards, executive office of the president, United
9	States Bureau of Budget, as revised from time to time.
10	(5) “Refund or redemption” for purposes of this chapter means the taking of a tax credit
11	against a tax liability or obtaining a refund for a tax credit or a portion thereof.
12	(6) “Targeted industries” shall have the same meaning as provide din general law 42-
13	64.20-
14	3 (Rebuild Rhode Island Tax Credit Program) and the regulations promulgated
15	thereunder.
16	(7) “Tax liability” for purposes of this chapter means (i) the amount of tax owed to the
17	state of Rhode Island calculated as the Rhode Island adjusted taxable income minus any Rhode
18	Island tax credit on Schedule B-CR other than credits allowed under this chapter; or (ii) the
19	minimum tax for filers of Form RI 11120S; or (iii) the Rhode Island annual fee for file.
20	42-64.33-4. Establishment of program.
21	A refundable investment tax credit program is hereby established as a program under the
22	jurisdiction of and administered by the commerce corporation.
23	42-64.33-5. Refundable Tax credits.
24	(a) To be eligible to take and or redeem tax credits under this chapter, a business must
25	submit a completed application to the commerce corporation for approval prior to making the
26	investment that will give rise to the requested tax credit. Such application shall be developed by
27	the commerce corporation.
28	(b) The commerce corporation may take into account the following factors in
29	determining whether to approve an application for a refundable investment tax credit pursuant to
30	this chapter: the nature and amount of the business’s investment; the necessity of the investment
31	and/or credit; whether the business is engaged in a targeted industry; the number of jobs created
32	by the business’s investment; whether the investment took place in a Hope community as defined
33	in general law 42-64.20-3 and the regulations promulgated thereunder; and such other factors as
34	the commerce corporation deems relevant.
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1	(c) The refundable tax credit shall be available only to the extent that the business’s
2	investment credit exceeds that business’s tax liability for the tax year in which the credit is
3	available.
4	(d) The amount of the refundable tax credit available to any business in any given tax
5	year shall not exceed the sum of one-hundred thousand dollars ($100,000).
6	(e) Prior to approving an application for refundable credits, the commerce corporation
7	shall require the business to enter into an incentive agreement setting forth the business’s
8	eligibility to use or redeem the tax credits and the terms and conditions governing the approval
9	and receipt of the refundable tax credits.
10	(f) To take or redeem refundable tax credit authorized by the corporation, an eligible
11	business shall apply annually to the commerce corporation for a certification that the business has
12	met all the requirements of this chapter and the incentive agreement. The commerce corporation
13	shall either issue a certification to the business or provide a written response detailing any
14	deficiencies precluding certification. The commerce corporation may deny an applicant for
15	certification, or declare the incentive agreement null and void if the business does not meet all
16	requirements of this chapter and/or any additional terms and conditions of the incentive
17	agreement.
18	(g) Upon issuance of a certification by the commerce corporation under subsection (f)
19	above, and at the request of the business, the division of taxation shall, on behalf of the State of
20	Rhode Island issue redemption tax certificate(s) as specified in the certification issued by the
21	commerce corporation pursuant to section (f) above.
22	(h) A taxpayer shall be entitled to take investment tax credits, up to the limit authorized
23	in this chapter, against taxes imposed pursuant to chapters 11 and 30 of title 44.
24	(i) Subject to annual appropriation in the state budget and upon written request of a
25	taxpayer, the state shall refund the amount of tax credit provided under this chapter in whole or in
26	part up to one hundred percent (100%) of the value of the redemption certificates issued under
27	subsection (g) reduced by the amount of the tax credit taken, if any; provided however, that
28	taxpayer may only claim a refund of a credit amount, in whole or part, for the year for which the
29	tax credit was issued. Credits carried over pursuant to subsection (j) shall not be refundable.
30	(j) If the tax credit allowed under this chapter exceeds the taxpayer's total tax liability for
31	the year in which the credit is allowed, the amount that exceeds the taxpayer's tax liability after
32	taking account any credit taken under this chapter may either be refunded pursuant to subsection
33	(i) or carried forward for credit against the tax liability for the succeeding years, or until the tax
34	credit is used in full, whichever occurs first.
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1	(k) In the case of a corporation that files a consolidated return, this credit shall only be
2	allowed against the tax of a corporation included in a consolidated return that qualifies for the
3	credit and not against the tax of other corporations that may join in the filing of a consolidated tax
4	return.
5	(l) Credits allowed to a partnership, a limited liability company taxed as a partnership, or
6	multiple owners of property shall be passed through to the persons designated as partners,
7	members or owners respectively pro rata or pursuant to an executed agreement among such
8	persons designated as partners, members or owners documenting an alternate distribution method
9	without regard to their sharing of other tax or economic attributes of such entity.
10	(m) Any expenses used for calculating the tax credit under this chapter cannot be used in
11	calculating a tax credit under any other tax credit program in Rhode Island law.
12	(n) In the event any taxpayer seeking a refund under this chapter has outstanding Rhode
13	Island tax obligations, the division of taxation shall be permitted to apply said refund to the
14	outstanding tax obligations.
15	42-64.33-6. Refundable investment tax credit fund.
16	There is hereby established at the commerce corporation a restricted account known as
17	the refundable investment tax credit fund (the “fund”) into which all amounts appropriated in the
18	state budget for the redemption of tax credits under this chapter shall be deposited. The fund shall
19	be used to pay for the redemption of investment tax credits pursuant to the provisions of this
20	chapter and for which a taxpayer is eligible under general laws 44-31-1. The fund shall be exempt
21	from attachment, levy or any other process at law or in equity. The director of the department of
22	revenue shall make a requisition to the commerce corporation for funding during any fiscal year
23	as may be necessary to pay for the redemption pursuant to this chapter. The commerce
24	corporation shall pay from the fund such amounts as requested by the director of the department
25	of revenue necessary to redeem tax credits pursuant to this chapter.
26	42-64.33-7. Program integrity.
27	(a) Program integrity being of paramount importance, the commerce corporation shall
28	establish procedures to ensure ongoing compliance with the terms and conditions of the program
29	established herein, including procedures to safeguard approval of redemption of the credits and to
30	ensure that authorized redemptions further the objectives of the program.
31	(b) The commerce corporation and division of taxation may promulgate such rules and
32	regulations pursuant to chapter 35 of title 42 of the general laws as deemed necessary to carry out
33	the intent, purpose and implementation of the program established under this chapter.
34	42-64.33-8. Reporting requirements.
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1	(a) By September 1, 2018 and each year thereafter, the commerce corporation shall report
2	the name and address of each business entering into an incentive agreement during the previous
3	state fiscal year to the division of taxation. The commerce corporation shall also make this
4	information publicly available on its website. In addition, the commerce corporation shall provide
5	the division of taxation a copy of each incentive agreement as they are executed.
6	(b) By December 1, 2018 and each year thereafter, the office of management and budget
7	shall provide the governor with the sum, if any, to be appropriated to fund the refundable
8	investment tax credit program.
9	SECTION 17. Title 42 of the General Laws entitled "State Affairs and Government" is
10	hereby amended by adding thereto the following chapter:
11	CHAPTER 64.34
12	MANUFACTURING SITE READINESS ACT
13	42-64.34-1. Short title.
14	This chapter shall be known as the “Manufacturing Site Readiness Act.”
15	42-64.34-2. Statement of intent.
16	The purpose of this act is to develop an inventory of vetted, pad-ready sites in the state
17	capable of supporting large scale economic development.
18	42-64.34-3. Definitions.
19	As used in this chapter:
20	(1) “Commerce corporation” means the Rhode Island commerce corporation established
21	pursuant to General Laws section 42-64-1 et. seq.
22	(2) “Program” means the manufacturing site readiness program established by this act.
23	(3) “Qualifying property” means a property capable of supporting large-scale economic
24	development and including, but not limited to, manufacturing, industrial, and distribution uses.
25	42-64.34-4. Establishment of program.
26	There is hereby established the manufacturing site readiness program to be administered
27	by the commerce corporation as set forth in this chapter.
28	42-64.34-4. Establishment of manufacturing site readiness fund.
29	(a) The manufacturing site readiness fund is hereby created within the commerce
30	corporation. The commerce corporation is authorized, within available appropriations, to award
31	grants as more particularly set forth in this chapter. The fund shall consist of:
32	(1) Money appropriated in the state budget to fund the program;
33	(2) Money made available to the program through federal or private sources; and
34	(3) Any other money made available to the program.
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1	(b) Funding for the program shall only be used for program purposes.
2	42-64.34-5. Powers of commerce corporation.
3	(a) The commerce corporation shall issue one or more requests for expressions of interest
4	to solicit participants in the program.
5	(b) Subject to available funding and at its discretion, the commerce corporation may
6	undertake a review of a qualifying property to determine its suitability for funding under the
7	program and may consider, among other attributes, the following in making a grant award:
8	(1) The location, size and suitability of the qualified property for development;
9	(2) Liens and encumbrances on the qualified property;
10	(3) Zoning of the qualified property for industrial use and/ or host community support for
11	rezoning;
12	(4) Site conditions of the qualified property;
13	(5) Existing due diligence on the qualified property;
14	(6) The cost to develop a pad-ready site on the qualified property; and
15	(7) The willingness of the property owner to commit to development of a pad-ready
16	industrial site. The commerce corporation may provide a grant to undertake due diligence for a
17	qualifying property, which may include, but not be limited to, site surveys, topographic surveys,
18	wetland determinations, phase 1 environmental site assessments, applicable zoning reviews,
19	utility availability studies, and preliminary site engineering to determine building potential and
20	site improvement costs.
21	(c) The commerce corporation shall qualify consultants, engineers and/or professionals
22	eligible to complete the due diligence in connection with an award under this chapter.
23	(d) Grant funding under this chapter shall be paid by the commerce corporation to such
24	qualified consultant, engineer and/or professional performing the services of a qualifying
25	property.
26	(e) The commerce corporation shall have no obligation to make any award under this
27	chapter.
28	42-64.34-6. Implementation guidelines, directives, criteria, rules, regulations.
29	The commerce corporation may adopt implementation guidelines, directives, criteria,
30	rules and regulations pursuant to section 42-35-3 of the General Laws as are necessary for the
31	implementation and administration of the program.
32	42-64.34-7. Program integrity.
33	Program integrity being of paramount importance, the commerce corporation shall
34	establish procedures to ensure ongoing compliance with the terms and conditions of the program
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1	established herein, including procedures to safeguard the expenditure of public funds and to
2	ensure that the funds further the objectives of the program.
3	42-64.34-8. Reporting requirements.
4	The commerce corporation shall publish a report on the program at the end of each fiscal
5	year. The report shall contain information on the commitment, disbursement, and use of funds
6	allocated under the program. The report is due no later than sixty (60) days after the end of the
7	fiscal year, and shall be provided to the speaker of the house of representatives and the president
8	of the senate.
9	SECTION 18. Title 42 of the General Laws entitled "State Affairs and Government" is
10	hereby amended by adding thereto the following chapter:
11	CHAPTER 64.35
12	TECHNICAL ASSISTANCE FOR MUNICIPAL ZONING AND PERMITTING FUND
13	42-64.35-1. Short title.- This chapter shall be known and may be cited as the “Technical
14	Assistance for Municipal Zoning and Permitting Fund.”
15	42-64.35-2. Statement of intent. - Outdated and overly burdensome zoning, planning,
16	and permitting codes and processes can inhibit the establishment of sustained economic
17	development at the local level. It is the intention of the general assembly to assist municipalities
18	in addressing and streamlining their respective zoning, planning, and permitting codes and
19	processes by creating a funding program to provide access to technical assistance for the
20	evaluation and betterment of such codes and processes.
21	42-64.35-3. Fund established. - The technical assistance for municipal zoning and
22	permitting fund is hereby created within the Rhode Island commerce corporation (the “fund”).
23	The commerce corporation is authorized, within available appropriations, to award loans, grants,
24	and other forms of financing to provide access by municipalities to technical assistance to
25	evaluate and streamline their respective zoning, planning, and permitting codes and processes to
26	foster economic development and business attraction within their respective municipalities.
27	Applications and awards of grants, loans, and other forms of financing shall be on a rolling basis.
28	The corporation may, however, periodically set deadlines and make awards. There is established
29	an account in the name of the "technical assistance for municipal zoning and permitting fund"
30	under the control of the commerce corporation, and the commerce corporation shall pay into such
31	account any eligible funds available to the commerce corporation from any source, including
32	funds appropriated by the state and any grants made available by the United States or any agency
33	of the United States.
34	42-64.35-4. Rules and regulations. - The commerce corporation is hereby authorized to
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1	promulgate such rules and regulations as are necessary to fulfill the purposes of this chapter,
2	including the criteria by which grant, loan, or other form of financing applications will be judged
3	and awarded.
4	42-64.35-5. Reporting requirements. - The commerce corporation shall publish a report
5	on the fund at the end of each fiscal year, which shall contain information on the commitment,
6	disbursement, and use of funds allocated under the fund. The report shall also, to the extent
7	practicable, track the economic impact of projects that have been completed using the fund. The
8	report is due no later than sixty (60) days after the end of the fiscal year, and shall be provided to
9	the speaker of the house of representatives and the president of the senate.
10	42-64.35-6. Program integrity. - Program integrity being of paramount importance, the
11	commerce corporation shall establish procedures to ensure ongoing compliance with the terms
12	and conditions of the program established herein, including procedures to safeguard the
13	expenditure of public funds and to ensure that the funds further the objectives of the program.
14	SECTION 19. "Rhode Island New Qualified Jobs Incentive Act 2015" are hereby
15	amended to read as follows:
16	44-48.3-3. Definitions.
17	As used in this chapter, unless the context clearly indicates otherwise, the following
18	words and phrases shall have the following meanings:
19	(1) "Affiliate" or "affiliated entity" means an entity that directly or indirectly controls, is
20	under common control with, or is controlled by the business. Control exists in all cases in which
21	the entity is a member of an affiliated group of corporations as defined pursuant to § 1504 of the
22	Internal Revenue Code of 1986 (26 U.S.C. § 1504) or the entity is an organization in a group of
23	organizations under common control as defined pursuant to subsection (b) or (c) of § 414 of the
24	Internal Revenue Code of 1986 (26 U.S.C. § 414). A taxpayer may establish by clear and
25	convincing evidence, as determined by the commerce corporation, that control exists in situations
26	involving lesser percentages of ownership than required by those statutes. An affiliate of a
27	business may contribute to meeting full-time employee requirements of a business that applies for
28	a credit under this chapter.
29	(2) "Business" means an applicant that is a corporation, state bank, federal savings bank,
30	trust company, national banking association, bank holding company, loan and investment
31	company, mutual savings bank, credit union, building and loan association, insurance company,
32	investment company, broker-dealer company or surety company, limited liability company,
33	partnership or sole proprietorship.
34	(3) "Commerce corporation" means the Rhode Island commerce corporation established
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1	pursuant to chapter 64 of title 42.
2	(4) "Commitment period" means the period of time that at a minimum is twenty percent
3	(20%) greater than the eligibility period.
4	(5) "Eligibility period" means the period in which a business may claim a tax credit under
5	the program, beginning at the end of the tax period in which the commerce corporation issues a
6	certification for the business that it has met the employment requirements of the program and
7	extending thereafter for a term of not more than ten (10) years.
8	(6) "Eligible position" or "full-time job" means a full-time position in a business which
9	has been filled with a full-time employee who earns no less than the median hourly wage as
10	reported by the United States Bureau of Labor Statistics for the state of Rhode Island, provided,
11	that for economically fragile industries such as manufacturing, the commerce corporation may
12	reduce the wage threshold. An economically fragile industry shall not include retail.
13	(7) "Full-time employee" means a person who is employed by a business for
14	consideration for at least thirty-five (35) hours a week, or who is employed by a professional
15	employer organization pursuant to an employee leasing agreement between the business and the
16	professional employer organization for at least thirty-five (35) hours a week, and whose wages
17	are subject to withholding.
18	(8) "Hope community" means municipalities with a percentage of families below the
19	poverty level that is greater than the percentage of families below the poverty level for the state as
20	a whole as determined by the United States Census Bureau's most recent American Community
21	Survey.
22	(9) "Incentive agreement" means the contract between the business and the commerce
23	corporation, which sets forth the terms and conditions under which the business shall be eligible
24	to receive the incentives authorized pursuant to the program.
25	(10) "Incentive effective date" means the date the commerce corporation issues a
26	certification for issuance of tax credit based on documentation submitted by a business pursuant
27	to § 44-48.3-7.
28	(11) “Manufacturer” shall mean any entity that:
29	(a) Uses any premises within the state primarily for the purpose of transforming raw
30	materials into a finished product for trade through any or all of the following operations:
31	adapting, altering, finishing, making, processing, refining, metalworking, and ornamenting, but
32	shall not include fabricating processes incidental to warehousing or distribution of raw materials,
33	such as alteration of stock for the convenience of a customer; or
34	(b) Is described in codes 31-33 of the North American Industry Classification System, as
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1	revised from time to time.
2	(11)(12) "New full-time job" means an eligible position created by the business that did
3	not previously exist in this state and which is created after approval of an application to the
4	commerce corporation under the program. Such job position cannot be the result of an acquisition
5	of an existing company located in Rhode Island by purchase, merger, or otherwise. For the
6	purposes of determining the number of new full-time jobs, the eligible positions of an affiliate
7	shall be considered eligible positions of the business so long as such eligible position(s) otherwise
8	meets the requirements of this section.
9	(12)(13) "Partnership" means an entity classified as a partnership for federal income tax
10	purposes.
11	(13)(14) "Program" means the incentive program established pursuant to this chapter.
12	(14)(15) "Targeted industry" means any industry identified in the economic development
13	vision and policy promulgated under § 42-64.17-1 or, until such time as any economic
14	development vision and policy is promulgated, as identified by the commerce corporation.
15	(15)(16) "Taxpayer" means a business granted a tax credit under this chapter or such
16	person entitled to the tax credit because the business is a pass through entity such as a partnership,
17	S corporation, sole proprietorship or limited liability company taxed as a partnership.
18	(16)(17) "Transit oriented development area" means an area in proximity to mass-transit
19	infrastructure including, but not limited to, an airport, rail or intermodal facility that will be
20	further defined by regulation of the commerce corporation in consultation with the Rhode Island
21	department of transportation.
22	44-48.3-4. Rhode Island qualified jobs incentive program. – (a) The Rhode Island
23	qualified jobs incentive program is hereby established as a program under the jurisdiction of and
24	shall be administered by the commerce corporation. The program may provide tax credits to
25	eligible businesses for an eligibility period not to exceed ten (10) years.
26	(b) An eligible business under the program shall be entitled to a credit against taxes
27	imposed pursuant to chapters 11, 13, 14, 17 or 30 of title 44 as further provided under this
28	chapter.
29	(c) The minimum number of new full-time jobs required to be eligible for a tax credit
30	under this program shall be as follows:
31	(1) For a business in a targeted industry that employs not more than one hundred (100)
32	full-time employees on the date of application to the commerce corporation, the creation of at
33	least ten (10) new full-time jobs in this state;
34	(2) For a business in a targeted industry that employs more than one hundred (100) full-
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1	time employees on the date of application to the commerce corporation, either the creation of new
2	full-time jobs in this state in an amount not less than ten percent (10%) of the business's existing
3	number of full-time employees or the creation of at least one hundred (100) new full-time jobs in
4	this state;
5	(3) For a business in a non-targeted industry that employs not more than two hundred
6	(200) full-time employees on the date of application to the commerce corporation, the creation of
7	at least twenty (20) new full-time jobs in this state; or
8	(4) For a business in a non-targeted industry that employs more than two hundred (200)
9	full-time employees on the date of application to the commerce corporation, either the creation of
10	new full-time jobs in this state in an amount not less than ten percent (10%) of the business's
11	existing number of full-time employees or the creation of at least one hundred (100) new full-
12	time jobs in this state.
13	(5) Notwithstanding subsections (c)(1) through (4):
14	(i) For a manufacturer the creation of new full-time jobs in this state in an amount not
15	less than ten percent (10%) of the manufacturer's existing number of full-time employees or the
16	creation of at least one hundred (100) new full-time jobs in this state.
17	(d) When a business applies for an incentive under this chapter, in order to assist the
18	commerce corporation in determining whether the business is eligible for the incentives under
19	this chapter, the business's chief executive officer, or equivalent officer, shall attest under oath:
20	(1) That any projected creation of new full-time jobs would not occur, or would not occur
21	in the state of Rhode Island, but for the provision of tax credits under the program;
22	(2) The business will create new full-time jobs in an amount equal to or greater than the
23	applicable number set forth in subsection (c) of this section;
24	(3) That the business's chief executive officer, or equivalent officer, has reviewed the
25	information submitted to the commerce corporation and that the representations contained therein
26	are accurate and complete.
27	(e) The commerce corporation shall establish, by regulation, the documentation an
28	applicant shall be required to provide under this subsection. Such documentation may include
29	documentation showing that the applicant could reasonably locate the new positions outside of
30	this state, or that the applicant is considering locating the positions outside of this state, or that it
31	would not be financially feasible for the applicant to create the positions without the tax credits
32	provided in this chapter.
33	(f) In the event that this attestation by the business's chief executive officer, or equivalent
34	officer, required under subsection (d) of this section is found to be willfully false, the commerce
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1	corporation may revoke any award of tax credits in their entirety, which revocation shall be in
2	addition to any other criminal or civil penalties that the business and/or the officer may be subject
3	to under applicable law. Additionally, the commerce corporation may revoke any award of tax
4	credits in its entirety if the eligible business is convicted of bribery, fraud, theft, embezzlement,
5	misappropriation, and/or extortion involving the state, any state agency or political subdivision of
6	the state.
7	(g) The definition of manufacturer in this chapter is limited to the eligibility for the
8	program in this chapter only and shall not modify or define the legal standing of a manufacturer
9	for any other purpose in Title 44 of the Rhode Island general laws.
10	SECTION 20. This Article shall take effect upon passage.
11	ARTICLE 13
12	RELATING TO MEDICAL ASSISTANCE
13	SECTION 1. Sections 40-8-4, 40-8-13.4, 40-8-15 and 40-8-19 of the General Laws in
14	Chapter 40-8 entitled “Medical Assistance” are hereby amended to read as follows:
15	40-8-4. Direct vendor payment plan. Medicaid vendor payment and beneficiary
16	copayment.
17	(a) The department executive office of health and human services (“executive office”)
18	shall furnish medical care benefits to eligible beneficiaries through a direct vendor payment plan
19	and/or other methodologies and plans authorized in this chapter. The plan shall include, but need
20	not be limited to, any or all of the following benefits, which benefits shall be contracted for by the
21	director Such plans and methodologies shall cover the services and supports approved as eligible
22	for federal financial participation identified in the Medicaid state plan and any active waivers.:
23	(1) Inpatient hospital services, other than services in a hospital, institution, or facility for
24	tuberculosis or mental diseases;
25	(2) Nursing services for such period of time as the director shall authorize;
26	(3) Visiting nurse service;
27	(4) Drugs for consumption either by inpatients or by other persons for whom they are
28	prescribed by a licensed physician;
29	(5) Dental services; and
30	(6) Hospice care up to a maximum of two hundred and ten (210) days as a lifetime
31	benefit.
32	(b) For purposes of this chapter, the payment of federal Medicare premiums or other
33	health insurance premiums by the department on behalf of eligible beneficiaries in accordance
34	with the provisions of Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., shall
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1	be deemed to be a direct vendor payment.
2	(c) With respect to medical care benefits furnished to eligible individuals under this
3	chapter, or Title XIX, or Title XXI of the federal Social Security Act, the department executive
4	office is authorized and directed to impose:
5	(i) Nominal nominal co-payments or similar charges upon eligible individuals adults over
6	the age of nineteen (19) who are not living with a disability and eligible for Medicaid pursuant to
7	§§ 40-8.4-4(b), 40-8.5-1, 40-8.12-2(a), the total of which is not to exceed five (5) percent of
8	annual countable income in a year eligibility period, as follows:
9	(i) Copayments in the amount of eight dollars ($8.00) per visit for non-emergency
10	services provided in a hospital emergency room; three dollars ($3.00) per inpatient hospital visit;
11	and three dollars ($3.00) per non-preventive health physical office visit.
12	(ii) Co-payments for prescription drugs in the amount of one dollar ($1.00) two dollars
13	and fifty cents ($2.50) for generic drug prescriptions and three four dollars ($3.00 4.00) for brand
14	name drug prescriptions in accordance with the provisions of 42 U.S.C. § 1396, et seq.
15	(d)(b) The department executive office is authorized and directed to promulgate rules and
16	regulations to impose such co-payments or charges and to provide that, with respect to
17	subdivision (ii) above, those regulations shall be effective upon filing.
18	(e) (c) No state agency shall pay a vendor for medical benefits provided to a recipient of
19	assistance beneficiary under this chapter until and unless the vendor has submitted a claim for
20	payment to a commercial insurance plan, Medicare, and/or a Medicaid managed care plan, if
21	applicable for that recipient beneficiary, in that order. This includes payments for skilled nursing
22	and therapy services specifically outlined in Chapter 7, 8 and 15 of the Medicare Benefit Policy
23	Manual.
24	40-8-13.4. Rate methodology for payment for in state and out of state hospital
25	services.
26	(a) The executive office of health and human services ("executive office") shall
27	implement a new methodology for payment for in-state and out-of-state hospital services in order
28	to ensure access to, and the provision of, high-quality and cost-effective hospital care to its
29	eligible recipients.
30	(b) In order to improve efficiency and cost effectiveness, the executive office shall:
31	(1)(i) With respect to inpatient services for persons in fee-for-service Medicaid, which is
32	non-managed care, implement a new payment methodology for inpatient services utilizing the
33	Diagnosis Related Groups (DRG) method of payment, which is a patient-classification method
34	that provides a means of relating payment to the hospitals to the type of patients cared for by the
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1	hospitals. It is understood that a payment method based on DRG may include cost outlier
2	payments and other specific exceptions. The executive office will review the DRG-payment
3	method and the DRG base price annually, making adjustments as appropriate in consideration of
4	such elements as trends in hospital input costs; patterns in hospital coding; beneficiary access to
5	care; and the Centers for Medicare and Medicaid Services national CMS Prospective Payment
6	System (IPPS) Hospital Input Price index. For the twelve-month (12) period beginning July 1,
7	2015, the DRG base rate for Medicaid fee-for-service inpatient hospital services shall not exceed
8	ninety-seven and one-half percent (97.5%) of the payment rates in effect as of July 1, 2014. For
9	the twelve (12) month period beginning July 1, 2018, there shall be no increase in the DRG base
10	rate for Medicaid fee-for-service inpatient hospital services.
11	(ii) With respect to inpatient services, (A) It is required as of January 1, 2011 until
12	December 31, 2011, that the Medicaid managed care payment rates between each hospital and
13	health plan shall not exceed ninety and one tenth percent (90.1%) of the rate in effect as of June
14	30, 2010. Increases in inpatient hospital payments for each annual twelve-month (12) period
15	beginning January 1, 2012 may not exceed the Centers for Medicare and Medicaid Services
16	national CMS Prospective Payment System (IPPS) Hospital Input Price index for the applicable
17	period; (B) Provided, however, for the twenty-four-month (24) period beginning July 1, 2013, the
18	Medicaid managed care payment rates between each hospital and health plan shall not exceed the
19	payment rates in effect as of January 1, 2013, and for the twelve-month (12) period beginning
20	July 1, 2015, the Medicaid managed-care payment inpatient rates between each hospital and
21	health plan shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in
22	effect as of January 1, 2013; (C) Increases in inpatient hospital payments for each annual twelve-
23	month (12) period beginning July 1, 2017, shall be the Centers for Medicare and Medicaid
24	Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index, less
25	Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively
26	to July 1; (D) For the twelve (12) month period beginning July 1, 2018, the Medicaid managed
27	care payment rates between each hospital and health plan shall not exceed the payment rates in
28	effect as of January 1, 2017. The executive office will develop an audit methodology and process
29	to assure that savings associated with the payment reductions will accrue directly to the Rhode
30	Island Medicaid program through reduced managed-care-plan payments and shall not be retained
31	by the managed-care plans; (E) All hospitals licensed in Rhode Island shall accept such payment
32	rates as payment in full; and (F) For all such hospitals, compliance with the provisions of this
33	section shall be a condition of participation in the Rhode Island Medicaid program.
34	(2) With respect to outpatient services and notwithstanding any provisions of the law to
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1	the contrary, for persons enrolled in fee-for-service Medicaid, the executive office will reimburse
2	hospitals for outpatient services using a rate methodology determined by the executive office and
3	in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare
4	payments for similar services. Notwithstanding the above, there shall be no increase in the
5	Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015.
6	For the twelve-month (12) period beginning July 1, 2015, Medicaid fee-for-service outpatient
7	rates shall not exceed ninety-seven and one-half percent (97.5%) of the rates in effect as of July 1,
8	2014. Increases in the outpatient hospital payments for the twelve-month (12) period beginning
9	July 1, 2016, may not exceed the CMS national Outpatient Prospective Payment System (OPPS)
10	Hospital Input Price Index. Effective July 1, 2018, there shall be no increase in the Medicaid fee-
11	for-service outpatient hospital rates. With respect to the outpatient rate, (i) It is required as of
12	January 1, 2011, until December 31, 2011, that the Medicaid managed-care payment rates
13	between each hospital and health plan shall not exceed one hundred percent (100%) of the rate in
14	effect as of June 30, 2010; (ii) Increases in hospital outpatient payments for each annual twelve-
15	month (12) period beginning January 1, 2012 until July 1, 2017, may not exceed the Centers for
16	Medicare and Medicaid Services national CMS Outpatient Prospective Payment System OPPS
17	hospital price index for the applicable period; (iii) Provided, however, for the twenty-four-month
18	(24) period beginning July 1, 2013, the Medicaid managed-care outpatient payment rates between
19	each hospital and health plan shall not exceed the payment rates in effect as of January 1, 2013,
20	and for the twelve-month (12) period beginning July 1, 2015, the Medicaid managed-care
21	outpatient payment rates between each hospital and health plan shall not exceed ninety-seven and
22	one-half percent (97.5%) of the payment rates in effect as of January 1, 2013; (iv) Increases in
23	outpatient hospital payments for each annual twelve-month (12) period beginning July 1, 2017,
24	shall be the Centers for Medicare and Medicaid Services national CMS OPPS Hospital Input
25	Price Index, less Productivity Adjustment, for the applicable period and shall be paid to each
26	hospital retroactively to July 1. For the twelve (12) month period beginning July 1, 2018, the
27	Medicaid managed-care outpatient payment rates between each hospital and health plan shall not
28	exceed the payment rates in effect as of January 1, 2017.
29	(3) "Hospital", as used in this section, shall mean the actual facilities and buildings in
30	existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter
31	any premises included on that license, regardless of changes in licensure status pursuant to
32	chapter 17.14 of title 23 (hospital conversions) and § 23-17-6(b) (change in effective control),
33	that provides short-term, acute inpatient and/or outpatient care to persons who require definitive
34	diagnosis and treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the
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1	preceding language, the Medicaid managed care payment rates for a court-approved purchaser
2	that acquires a hospital through receivership, special mastership or other similar state insolvency
3	proceedings (which court-approved purchaser is issued a hospital license after January 1, 2013)
4	shall be based upon the new rates between the court-approved purchaser and the health plan, and
5	such rates shall be effective as of the date that the court-approved purchaser and the health plan
6	execute the initial agreement containing the new rates. The rate-setting methodology for
7	inpatient-hospital payments and outpatient-hospital payments set forth in subdivisions
8	(b)(1)(ii)(C) and (b)(2), respectively, shall thereafter apply to increases for each annual twelve-
9	month (12) period as of July 1 following the completion of the first full year of the court-
10	approved purchaser's initial Medicaid managed care contract.
11	(c) It is intended that payment utilizing the DRG method shall reward hospitals for
12	providing the most efficient care, and provide the executive office the opportunity to conduct
13	value-based purchasing of inpatient care.
14	(d) The secretary of the executive office is hereby authorized to promulgate such rules
15	and regulations consistent with this chapter, and to establish fiscal procedures he or she deems
16	necessary, for the proper implementation and administration of this chapter in order to provide
17	payment to hospitals using the DRG-payment methodology. Furthermore, amendment of the
18	Rhode Island state plan for Medicaid, pursuant to Title XIX of the federal Social Security Act, is
19	hereby authorized to provide for payment to hospitals for services provided to eligible recipients
20	in accordance with this chapter.
21	(e) The executive office shall comply with all public notice requirements necessary to
22	implement these rate changes.
23	(f) As a condition of participation in the DRG methodology for payment of hospital
24	services, every hospital shall submit year-end settlement reports to the executive office within one
25	year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit
26	a year-end settlement report as required by this section, the executive office shall withhold
27	financial-cycle payments due by any state agency with respect to this hospital by not more than
28	ten percent (10%) until said report is submitted. For hospital fiscal year 2010 and all subsequent
29	fiscal years, hospitals will not be required to submit year-end settlement reports on payments for
30	outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not
31	be required to submit year-end settlement reports on claims for hospital inpatient services.
32	Further, for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include
33	only those claims received between October 1, 2009, and June 30, 2010.
34	(g) The provisions of this section shall be effective upon implementation of the new
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1	payment methodology set forth in this section and § 40-8-13.3, which shall in any event be no
2	later than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15, and
3	27-19-16 shall be repealed in their entirety.
4	40-8-15. Lien on deceased recipient's estate for assistance.
5	(a)(1) Upon the death of a recipient of medical assistance Medicaid under Title XIX of
6	the federal Social Security Act, 42 U.S.C. § 1396 et seq., (42 U.S.C. § 1396 et seq and referred to
7	hereinafter as the “Act”),the total sum of medical assistance for Medicaid benefits so paid on
8	behalf of a recipient beneficiary who was fifty-five (55) years of age or older at the time of
9	receipt of the assistance shall be and constitute a lien upon the estate, as defined in subdivision
10	(a)(2) below, of the recipient beneficiary in favor of the executive office of health and human
11	services (“executive office”). The lien shall not be effective and shall not attach as against the
12	estate of a recipient beneficiary who is survived by a spouse, or a child who is under the age of
13	twenty-one (21), or a child who is blind or permanently and totally disabled as defined in Title
14	XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq. The lien shall attach against
15	property of a recipient beneficiary, which is included or includible in the decedent's probate
16	estate, regardless of whether or not a probate proceeding has been commenced in the probate
17	court by the executive office of health and human services or by any other party. Provided,
18	however, that such lien shall only attach and shall only be effective against the recipient’s
19	beneficiary’s real property included or includible in the recipient’s beneficiary’s probate estate if
20	such lien is recorded in the land evidence records and is in accordance with subsection 40-8-15(f).
21	Decedents who have received medical assistance Medicaid benefits are subject to the assignment
22	and subrogation provisions of §§ 40-6-9 and 40-6-10.
23	(2) For purposes of this section, the term “estate” with respect to a deceased individual
24	shall include all real and personal property and other assets included or includable within the
25	individual's probate estate.
26	(b) The executive office of health and human services is authorized to promulgate
27	regulations to implement the terms, intent, and purpose of this section and to require the legal
28	representative(s) and/or the heirs-at-law of the decedent to provide reasonable written notice to
29	the executive office of health and human services of the death of a recipient beneficiary of
30	medical assistance Medicaid benefits who was fifty-five (55) years of age or older at the date of
31	death, and to provide a statement identifying the decedent's property and the names and addresses
32	of all persons entitled to take any share or interest of the estate as legatees or distributes thereof.
33	(c) The amount of medical assistance reimbursement for Medicaid benefits imposed
34	under this section shall also become a debt to the state from the person or entity liable for the
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1	payment thereof.
2	(d) Upon payment of the amount of reimbursement for medical assistance Medicaid
3	benefits imposed by this section, the secretary of the executive office of health and human
4	services, or his or her designee, shall issue a written discharge of lien.
5	(e) Provided, however, that no lien created under this section shall attach nor become
6	effective upon any real property unless and until a statement of claim is recorded naming the
7	debtor/owner of record of the property as of the date and time of recording of the statement of
8	claim, and describing the real property by a description containing all of the following: (1) tax
9	assessor's plat and lot; and (2) street address. The statement of claim shall be recorded in the
10	records of land evidence in the town or city where the real property is situated. Notice of said lien
11	shall be sent to the duly appointed executor or administrator, the decedent's legal representative,
12	if known, or to the decedent's next of kin or heirs at law as stated in the decedent's last application
13	for medical assistance Medicaid benefits.
14	(f) The executive office of health and human services shall establish procedures, in
15	accordance with the standards specified by the secretary, U.S. Department of Health and Human
16	Services, under which the executive office of health and human services shall waive, in whole or
17	in part, the lien and reimbursement established by this section if such lien and reimbursement
18	would work cause an undue hardship, as determined by the executive office of health and human
19	services, on the basis of the criteria established by the secretary in accordance with 42 U.S.C. § 1396p(b)(3)
20	42 U.S.C. § 1396p(b)(3).
21	(g) Upon the filing of a petition for admission to probate of a decedent's will or for
22	administration of a decedent's estate, when the decedent was fifty-five (55) years or older at the
23	time of death, a copy of said petition and a copy of the death certificate shall be sent to the
24	executive office of health and human services. Within thirty (30) days of a request by the
25	executive office of health and human services, an executor or administrator shall complete and
26	send to the executive office of health and human services a form prescribed by that office and
27	shall provide such additional information as the office may require. In the event a petitioner fails
28	to send a copy of the petition and a copy of the death certificate to the executive office of health
29	and human services and a decedent has received medical assistance Medicaid benefits for which
30	the executive office of health and human services is authorized to recover, no distribution and/or
31	payments, including administration fees, shall be disbursed. Any person and /or entity that receive
32	a distribution of assets from the decedent's estate shall be liable to the executive office of health
33	and human services to the extent of such distribution.
34	(h) Compliance with the provisions of this section shall be consistent with the
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1	requirements set forth in § 33-11-5 and the requirements of the affidavit of notice set forth in § 33-11-5.2
2	§ 33-11-5.2. Nothing in these sections shall limit the executive office of health and human services
3	from recovery, to the extent of the distribution, in accordance with all state and federal laws.
4	(i)To assure the financial integrity of the Medicaid eligibility determination, benefit
5	renewal, and estate recovery processes in this and related sections, the secretary of health and
6	human services is authorized and directed to, by no later than August 1, 2018: (1), implement an
7	automated asset verification system, as mandated by §1940 of the of Act that uses electronic data
8	sources to verify the ownership and value of countable resources held in financial institutions and
9	any real property for applicants and beneficiaries subject to resource and asset tests pursuant in
10	the Act in §1902(e)(14)(D); (2) Apply the provisions required under §§1902(a)(18) and 1917(c)
11	of the Act pertaining to the disposition of assets for less than fair market value by applicants and
12	beneficiaries for Medicaid long-term services and supports and their spouses, without regard to
13	whether they are subject to or excepted from resources and asset tests as mandated by federal
14	guidance; and.(3) Pursue any state plan or waiver amendments from the U.S. Centers for
15	Medicare and Medicaid Services and promulgate such rules, regulations, and procedures he or
16	she deems necessary to carry out the requirements set forth herein and ensure the state plan and
17	Medicaid policy conform and comply with applicable provisions Title XIX.
18	40-8-19. Rates of payment to nursing facilities.
19	(a) Rate reform.
20	(1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of
21	title 23, and certified to participate in the Title XIX Medicaid program for services rendered to
22	Medicaid-eligible residents, shall be reasonable and adequate to meet the costs which must be
23	incurred by efficiently and economically operated facilities in accordance with 42 U.S.C.
24	§1396a(a)(13). The executive office of health and human services ("executive office") shall
25	promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1,
26	2011 to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq.,
27	of the Social Security Act.
28	(2) The executive office shall review the current methodology for providing Medicaid
29	payments to nursing facilities, including other long-term care services providers, and is
30	authorized to modify the principles of reimbursement to replace the current cost based
31	methodology rates with rates based on a price based methodology to be paid to all facilities with
32	recognition of the acuity of patients and the relative Medicaid occupancy, and to include the
33	following elements to be developed by the executive office:
34	(i) A direct care rate adjusted for resident acuity;
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1	(ii) An indirect care rate comprised of a base per diem for all facilities;
2	(iii) A rearray of costs for all facilities every three (3) years beginning October, 2015,
3	which may or may not result in automatic per diem revisions;
4	(iv) Application of a fair rental value system;
5	(v) Application of a pass-through system; and
6	(vi) Adjustment of rates by the change in a recognized national nursing home inflation
7	index to be applied on October 1st of each year, beginning October 1, 2012. This adjustment will
8	not occur on October 1, 2013 or October 1, 2015, but will occur on April 1, 2015. The rate
9	adjustment that occurs on October 1, 2018 will not exceed an increase of one (1) percent. Said
10	inflation index shall be applied without regard for the transition factors in subsections (b)(1) and
11	(b)(2) below. For purposes of October 1, 2016, adjustment only, any rate increase that results
12	from application of the inflation index to subparagraphs (a)(2)(i) and (a)(2)(ii) shall be dedicated
13	to increase compensation for direct-care workers in the following manner: Not less than 85% of
14	this aggregate amount shall be expended to fund an increase in wages, benefits, or related
15	employer costs of direct-care staff of nursing homes. For purposes of this section, direct-care staff
16	shall include registered nurses (RNs), licensed practical nurses (LPNs), certified nursing
17	assistants (CNAs), certified medical technicians, housekeeping staff, laundry staff, dietary staff,
18	or other similar employees providing direct care services; provided, however, that this definition
19	of direct-care staff shall not include: (i) RNs and LPNs who are classified as "exempt employees"
20	under the Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.); or (ii) CNAs, certified
21	medical technicians, RNs, or LPNs who are contracted, or subcontracted, through a third-party
22	vendor or staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary, or
23	designee, a certification that they have complied with the provisions of this subparagraph
24	(a)(2)(vi) with respect to the inflation index applied on October 1, 2016. Any facility that does not
25	comply with terms of such certification shall be subjected to a clawback, paid by the nursing
26	facility to the state, in the amount of increased reimbursement subject to this provision that was
27	not expended in compliance with that certification.
28	(b) Transition to full implementation of rate reform. For no less than four (4) years after
29	the initial application of the price-based methodology described in subdivision (a)(2) to payment
30	rates, the executive office of health and human services shall implement a transition plan to
31	moderate the impact of the rate reform on individual nursing facilities. Said transition shall
32	include the following components:
33	(1) No nursing facility shall receive reimbursement for direct-care costs that is less than
34	the rate of reimbursement for direct-care costs received under the methodology in effect at the
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1	time of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-
2	care costs under this provision will be phased out in twenty-five-percent (25%) increments each
3	year until October 1, 2021, when the reimbursement will no longer be in effect. No nursing
4	facility shall receive reimbursement for direct care costs that is less than the rate of
5	reimbursement for direct care costs received under the methodology in effect at the time of
6	passage of this act; and
7	(2) No facility shall lose or gain more than five dollars ($5.00) in its total per diem rate
8	the first year of the transition. An adjustment to the per diem loss or gain may be phased out by
9	twenty-five percent (25%) each year; except, however, for the years beginning October 1, 2015,
10	there shall be no adjustment to the per diem gain or loss, but the phase out shall resume
11	thereafter; and
12	(3) The transition plan and/or period may be modified upon full implementation of
13	facility per diem rate increases for quality of care related measures. Said modifications shall be
14	submitted in a report to the general assembly at least six (6) months prior to implementation.
15	(4) Notwithstanding any law to the contrary, for the twelve (12) month period beginning
16	July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section
17	shall not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015.
18	SECTION 2. Section 40-8.3-10 of the General Laws in Chapter 40-8.3 entitled
19	“Uncompensated Care” is hereby amended to read as follows:
20	40-8.3-10. Hospital adjustment payments.
21	Effective July 1, 2012 and for each subsequent year, the executive office of health and
22	human services is hereby authorized and directed to amend its regulations for reimbursement to
23	hospitals for inpatient and outpatient services as follows:
24	(a) Each hospital in the state of Rhode Island, as defined in subdivision 23-17-38.1(c)(1),
25	shall receive a quarterly outpatient adjustment payment each state fiscal year of an amount
26	determined as follows:
27	(1) Determine the percent of the state's total Medicaid outpatient and emergency
28	department services (exclusive of physician services) provided by each hospital during each
29	hospital's prior fiscal year;
30	(2) Determine the sum of all Medicaid payments to hospitals made for outpatient and
31	emergency department services (exclusive of physician services) provided during each hospital's
32	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
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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 outpatient and emergency department services
3	as determined in subdivision (1) to obtain the total outpatient adjustment for each hospital to be
4	paid each year;
5	(4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one
6	quarter (1/4) of its total outpatient adjustment as determined in subdivision (3) above.
7	(b) Each hospital in the state of Rhode Island, as defined in subdivision 3-17-38.19(b)(1),
8	shall receive a quarterly inpatient adjustment payment each state fiscal year of an amount
9	determined as follows:
10	(1) Determine the percent of the state's total Medicaid inpatient services (exclusive of
11	physician services) provided by each hospital during each hospital's prior fiscal year;
12	(2) Determine the sum of all Medicaid payments to hospitals made for inpatient services
13	(exclusive of physician services) provided during each hospital's prior fiscal year;
14	(3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by a
15	percentage defined as the total identified upper payment limit for all hospitals divided by the sum
16	of all Medicaid payments as determined in subdivision (2); and then multiply that result by each
17	hospital's percentage of the state's total Medicaid inpatient services as determined in subdivision
18	(1) to obtain the total inpatient adjustment for each hospital to be paid each year;
19	(4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one
20	quarter (1/4) of its total inpatient adjustment as determined in subdivision (3) above.
21	(c b) The amounts determined in subsections (a) and (b) are in addition to Medicaid
22	inpatient and outpatient payments and emergency services payments (exclusive of physician
23	services) paid to hospitals in accordance with current state regulation and the Rhode Island Plan
24	for Medicaid Assistance pursuant to Title XIX of the Social Security Act and are not subject to
25	recoupment or settlement.
26	SECTION 3. Section 40-8.4-12 of the General Laws in Chapter 40-8.4 entitled “Health
27	Care for Families” is hereby amended to read as follows:
28	40-8.4-12. RIte Share Health Insurance Premium Assistance Program.
29	(a) Basic RIte Share Health Insurance Premium Assistance Program. The office of health
30	and human services is authorized and directed to amend the medical assistance Title XIX state
31	plan to implement the provisions of section 1906 of Title XIX of the Social Security Act, 42
32	U.S.C. section 1396e, and establish the Rhode Island health insurance premium assistance
33	program for RIte Care eligible families with incomes up to two hundred fifty percent (250%) of
34	the federal poverty level who have access to employer-based health insurance. The state plan
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1	amendment shall require eligible families with access to employer-based health insurance to
2	enroll themselves and/or their family in the employer-based health insurance plan as a condition
3	of participation in the RIte Share program under this chapter and as a condition of retaining
4	eligibility for medical assistance under chapters 5.1 and 8.4 of this title and/or chapter 12.3 of title
5	42 and/or premium assistance under this chapter, provided that doing so meets the criteria
6	established in section 1906 of Title XIX for obtaining federal matching funds and the department
7	has determined that the person's and/or the family's enrollment in the employer-based health
8	insurance plan is cost-effective and the department has determined that the employer-based health
9	insurance plan meets the criteria set forth in subsection (d). The department shall provide
10	premium assistance by paying all or a portion of the employee's cost for covering the eligible
11	person or his or her family under the employer-based health insurance plan, subject to the cost
12	sharing provisions in subsection (b), and provided that the premium assistance is cost-effective in
13	accordance with Title XIX, 42 U.S.C. section 1396 et seq. - Under the terms of Section 1906 of
14	Title XIX of the U.S. Social Security Act, states are permitted to pay a Medicaid eligible person's
15	share of the costs for enrolling in employer-sponsored health insurance (ESI) coverage if it is cost
16	effective to do so. Pursuant to general assembly’s direction in Rhode Island Health Reform Act of
17	2000, the Medicaid agency requested and obtained federal approval under § 1916 to establish the
18	RIte Share premium assistance program to subsidize the costs of enrolling Medicaid eligible
19	persons and families in employer sponsored health insurance plans that have been approved as
20	meeting certain cost and coverage requirements. The Medicaid agency also obtained, at the
21	general assembly’s direction, federal authority to require any such persons with access to ESI
22	coverage to enroll as a condition of retaining eligibility providing that doing so meets the criteria
23	established in Title XIX for obtaining federal matching funds.
24	(b) Individuals who can afford it shall share in the cost. The office of health and human
25	services is authorized and directed to apply for and obtain any necessary waivers from the
26	secretary of the United States Department of Health and Human Services, including, but not
27	limited to, a waiver of the appropriate sections of Title XIX, 42 U.S.C. section 1396 et seq., to
28	require that families eligible for RIte Care under this chapter or chapter 12.3 of title 42 with
29	incomes equal to or greater than one hundred fifty percent (150%) of the federal poverty level pay
30	a share of the costs of health insurance based on the person's ability to pay, provided that the cost
31	sharing shall not exceed five percent (5%) of the person's annual income. The department of
32	human services shall implement the cost-sharing by regulation, and shall consider co-payments,
33	premium shares or other reasonable means to do so. Definitions. - For the purposes of this
34	subsection, the following definitions apply:
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1	(1) “Cost-effective” means that the portion of the ESI that the state would subsidize, as
2	well as wrap-around costs, would on average cost less to the State than enrolling that same
3	person/family in a managed care delivery system.
4	(2) “Cost sharing” means any co-payments, deductibles or co-insurance associated with
5	ESI.
6	(3) “Employee premium” means the monthly premium share a person or family is
7	required to pay to the employer to obtain and maintain ESI coverage.
8	(4) “Employer-Sponsored Insurance or ESI” means health insurance or a group health
9	plan offered to employees by an employer. This includes plans purchased by small employers
10	through the State health insurance marketplace, Healthsource, RI (HSRI).
11	(5) “Policy holder” means the person in the household with access to ESI, typically the
12	employee.
13	(6) “RIte Share-approved employer-sponsored insurance (ESI)” means an employer-
14	sponsored health insurance plan that meets the coverage and cost-effectiveness criteria for RIte
15	Share.
16	(7) “RIte Share buy-in” means the monthly amount an Medicaid-ineligible policy holder
17	must pay toward RIte Share-approved ESI that covers the Medicaid-eligible children, young
18	adults or spouses with access to the ESI. The buy-in only applies in instances when household
19	income is above 150% the FPL.
20	(8) “RIte Share premium assistance program” means the Rhode Island Medicaid
21	premium assistance program in which the State pays the eligible Medicaid member’s share of the
22	cost of enrolling in a RIte Share-approved ESI plan. This allows the State to share the cost of the
23	health insurance coverage with the employer.
24	(9) “RIte Share Unit” means the entity within EOHHS responsible for assessing the cost-
25	effectiveness of ESI, contacting employers about ESI as appropriate, initiating the RIte Share
26	enrollment and disenrollment process, handling member communications, and managing the
27	overall operations of the RIte Share program.
28	(10) “Third Party Liability (TPL)” means other health insurance coverage. This insurance
29	is in addition to Medicaid and is usually provided through an employer. Since Medicaid is always
30	the payer of last resort, the TPL is always the primary coverage.
31	(11) “Wrap-around services or coverage” means any health care services not included in
32	the ESI plan that would have been covered had the Medicaid member been enrolled in a RIte
33	Care or Rhody Health Partners plan. Coverage of deductibles and co-insurance is included in the
34	wrap. Co-payments to providers are not covered as part of the wrap-around coverage.
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1	(c) Current RIte Care enrollees with access to employer-based health insurance. The
2	office of health and human services shall require any family who receives RIte Care or whose
3	family receives RIte Care on the effective date of the applicable regulations adopted in
4	accordance with subsection (f) to enroll in an employer-based health insurance plan at the
5	person's eligibility redetermination date or at an earlier date determined by the department,
6	provided that doing so meets the criteria established in the applicable sections of Title XIX, 42
7	U.S.C. section 1396 et seq., for obtaining federal matching funds and the department has
8	determined that the person's and/or the family's enrollment in the employer-based health
9	insurance plan is cost-effective and has determined that the health insurance plan meets the
10	criteria in subsection (d). The insurer shall accept the enrollment of the person and/or the family
11	in the employer-based health insurance plan without regard to any enrollment season restrictions.
12	RIte Share Populations. Medicaid beneficiaries subject to RIte Share include: children, families,
13	parent and caretakers eligible for Medicaid or the Children’s Health Insurance Program under this
14	chapter or chapter 42-12.3; and adults between the ages of 19 and 64 who are eligible under
15	chapters 40-8.5 and 40-8.12, not receiving or eligible to receive Medicare, and are enrolled in
16	managed care delivery systems. The following conditions apply:
17	(1) The income of Medicaid beneficiaries shall affect whether and in what manner they
18	must participate in RIte Share as follows:
19	(i) Income at or below 150% of FPL -- Persons and families determined to have
20	household income at or below 150% of the Federal Poverty Level (FPL) guidelines based on the
21	modified adjusted gross income (MAGI) standard or other standard approved by the secretary are
22	required to participate in RIte Share if a Medicaid-eligible adult or parent/caretaker has access to
23	cost-effective ESI. Enrolling in ESI through RIte Share shall be a condition of maintaining
24	Medicaid health coverage for any eligible adult with access to such coverage.
25	(ii) Income above 150% FPL and policy holder is not Medicaid-eligible -- Premium
26	assistance is available when the household includes Medicaid-eligible members, but the ESI
27	policy holder (typically a parent/ caretaker or spouse) is not eligible for Medicaid. Premium
28	assistance for parents/caretakers and other household members who are not Medicaid-eligible
29	may be provided in circumstances when enrollment of the Medicaid-eligible family members in
30	the approved ESI plan is contingent upon enrollment of the ineligible policy holder and the
31	executive office of health and human services (executive office) determines, based on a
32	methodology adopted for such purposes, that it is cost-effective to provide premium assistance for
33	family or spousal coverage.
34	(d) RIte Share Enrollment as a Condition of Eligibility. For Medicaid beneficiaries over
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1	the age of nineteen (19) enrollment in RIte Share shall be a condition of eligibility except as
2	exempted below and by regulations promulgated by the executive office.
3	(1) Medicaid-eligible children and young adults up to age nineteen (19) shall not be
4	required to enroll in a parent/caretaker relative’s ESI as a condition of maintaining Medicaid
5	eligibility if the person with access to RIte Share-approved ESI does not enroll as required. These
6	Medicaid-eligible children and young adults shall remain eligible for Medicaid and shall be
7	enrolled in a RIte Care plan
8	(2) There shall be a limited six (6) month exemption from the mandatory enrollment
9	requirement for persons participating in the RI Works program pursuant to § 40-5.2.
10	(d) (e) Approval of health insurance plans for premium assistance. The office of health
11	and human services shall adopt regulations providing for the approval of employer-based health
12	insurance plans for premium assistance and shall approve employer-based health insurance plans
13	based on these regulations. In order for an employer-based health insurance plan to gain approval,
14	the department executive office must determine that the benefits offered by the employer-based
15	health insurance plan are substantially similar in amount, scope, and duration to the benefits
16	provided to RIte Care Medicaid-eligible persons by the RIte Care program enrolled in Medicaid
17	managed care plan, when the plan is evaluated in conjunction with available supplemental
18	benefits provided by the office. The office shall obtain and make available as sto persons
19	otherwise eligible for RIte Care Medicaid identified in this section as supplemental benefits those
20	benefits not reasonably available under employer-based health insurance plans which are required
21	for RIte Care eligible persons Medicaid beneficiaries by state law or federal law or regulation.
22	Once it has been determined by the Medicaid agency that the ESI offered by a particular
23	employer is RIte Share-approved, all Medicaid members with access to that employer's plan are
24	required participate in RIte Share. Failure to meet the mandatory enrollment requirement shall
25	result in the termination of the Medicaid eligibility of the policy holder and other Medicaid
26	members nineteen (19) or older in the household that could be covered under the ESI until the
27	policy holder complies with the RIte Share enrollment procedures established by the executive
28	office.
29	(f) Premium Assistance. The executive office shall provide premium assistance by paying
30	all or a portion of the employee's cost for covering the eligible person and/or his or her family
31	under such a RIte Share-approved ESI plan subject to the buy-in provisions in this section.
32	(g) Buy-in. Persons who can afford it shall share in the cost. - The executive office is
33	authorized and directed to apply for and obtain any necessary state plan and/or waiver
34	amendments from the secretary of the U.S. DHHS to require that person enrolled in a RIte Share-
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1	approved employer-based health plan who have income equal to or greater than one hundred fifty
2	percent (150%) of the FPL to buy-in to pay a share of the costs based on the ability to pay,
3	provided that the buy-in cost shall not exceed five percent (5%) of the person's annual income.
4	The executive office shall implement the buy-in by regulation, and shall consider co-payments,
5	premium shares or other reasonable means to do so.
6	(e) (h) Maximization of federal contribution. The office of health and human services is
7	authorized and directed to apply for and obtain federal approvals and waivers necessary to
8	maximize the federal contribution for provision of medical assistance coverage under this section,
9	including the authorization to amend the Title XXI state plan and to obtain any waivers necessary
10	to reduce barriers to provide premium assistance to recipients as provided for in Title XXI of the
11	Social Security Act, 42 U.S.C. section 1397 et seq.
12	(f) (i) Implementation by regulation. The office of health and human services is
13	authorized and directed to adopt regulations to ensure the establishment and implementation of
14	the premium assistance program in accordance with the intent and purpose of this section, the
15	requirements of Title XIX, Title XXI and any approved federal waivers.
16	SECTION 4. Section 15 of Article 5 of Chapter 141 of the Public Laws of 2015 is hereby
17	amended to read as follows:
18	A pool is hereby established of up to $4.0 1.5 million to support Medicaid Graduate
19	Education funding for Academic Medical Centers with level I Trauma Centers who provide care
20	to the state's critically ill and indigent populations. The office of Health and Human Services shall
21	utilize this pool to provide up to $5 million per year in additional Medicaid payments to support
22	Graduate Medical Education programs to hospitals meeting all of the following criteria:
23	(a) Hospital must have a minimum of 25,000 inpatient discharges per year for all patients
24	regardless of coverage.
25	(b) Hospital must be designated as Level I Trauma Center.
26	(c) Hospital must provide graduate medical education training for at least 250 interns and
27	residents per year.
28	The Secretary of the Executive Office of Health and Human Services shall determine the
29	appropriate Medicaid payment mechanism to implement this program and amend any state plan
30	documents required to implement the payments.
31	Payments for Graduate Medical Education programs shall be made annually.
32	SECTION 5. This Article shall take effect upon passage.
33	ARTICLE 14
34	RELATING TO MEDICAID REFORM ACT OF 2008 RESOLUTION
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1	SECTION 1. Rhode Island Medicaid Reform Act of 2008 Resolution.
2	WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode
3	Island Medicaid Reform Act of 2008”; and
4	WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws
5	42-12.4-1, et seq.; and
6	WHEREAS, Rhode Island General Law 42-7.2-5(3)(a) provides that the Secretary of the
7	Executive Office of Health and Human Services (“Executive Office”) is responsible for the
8	review and coordination of any Medicaid section 1115 demonstration waiver requests and
9	renewals as well as any initiatives and proposals requiring amendments to the Medicaid state plan
10	or category II or III changes as described in the demonstration, “with potential to affect the scope,
11	amount, or duration of publicly-funded health care services, provider payments or
12	reimbursements, or access to or the availability of benefits and services provided by Rhode Island
13	general and public laws”; and
14	WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
15	fiscally sound and sustainable, the Secretary requests legislative approval of the following
16	proposals to amend the demonstration:
17	(a) Provider Rates -- Adjustments. The Executive Office proposes to:
18	(i) Maintain in-patient and out-patient hospital payment rates at SFY 2018 levels.
19	(ii) The nursing facility rate adjustment that would otherwise take-effect on October 1,
20	2018 will not exceed an increase of one percent; and
21	(iii) Reduce rates for Medicaid managed care plan administration.
22	Implementation of adjustments may require amendments to the Rhode Island’s Medicaid
23	State Plan and/or Section 1115 waiver under the terms and conditions of the demonstration.
24	Further, adoption of new or amended rules, regulations and procedures may also be required.
25	(b) Section 1115 Demonstration Waiver – Implementation of Existing Authorities. To
26	achieve the objectives of the State’s demonstration waiver, the Executive Office proposes to
27	implement the following approved authorities:
28	(i) Upon meeting federal guidelines for the timely processing of applications, elimination
29	of retroactive coverage for Medicaid beneficiaries, except for pregnant women and newborn
30	infants, and promulgate rules, regulations, and/or procedures that establish criteria to provide a
31	hardship exemption for eligible persons who have a significant need;
32	(ii) Expanded expedited eligibility for long-term services and supports (LTSS) applicants
33	who are transitioning to a home or community-based setting from a health facility, including a
34	hospital or nursing home; and
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1	(iii) Institute the multi-tiered needs-based criteria for determining the level of care and
2	scope of services available to applicants with developmental disabilities seeking Medicaid home
3	and community-based services in lieu of institutional care.
4	(c) Section 1115 Demonstration Waiver – Extension Request – The Executive Office
5	proposes to seek approval from our federal partners to extend the Section 1115 demonstration as
6	authorized in §42-12.4. In addition to maintaining existing waiver authorities, the Executive
7	Office proposes to seek additional federal authorities to:
8	(i) Further the goals of LTSS rebalancing set forth in §40-8.9, by expanding the array of
9	health care stabilization and maintenance services eligible for federal financial participation
10	which are available to beneficiaries residing in home and community-based settings. Such
11	services include adaptive and home-based monitoring technologies, transition help, and peer and
12	personal supports that assist beneficiaries in better managing and optimizing their own care. The
13	Executive Office proposes to pursue alternative payment strategies financed through the Health
14	System Transformation Project (HSTP) to cover the state’s share of the cost for such services and
15	to expand on-going efforts to identify and provide cost-effective preventive services to persons
16	at-risk for LTSS and other high cost interventions.
17	(ii) Leverage existing resources and the flexibility of alternative payment methodologies
18	to provide integrated medical and behavioral services to children and youth at risk and in
19	transition, including targeted family visiting nurses, peer supports, and specialized networks of
20	care.
21	(d) Financial Integrity – Asset Verification and Transfers. To comply with federal
22	mandates pertaining to the integrity of the determination of eligibility and estate recoveries, the
23	Executive Office plans to adopt an automated asset verification system which uses electronic data
24	sources to verify ownership and the value of the financial resources and real property of
25	applicants and beneficiaries and their spouses who are subject to asset and resource limits under
26	Title XIX. In addition, the Executive Office proposes to adopt new or amended rules, policies and
27	procedures for LTSS applicants and beneficiaries, inclusive of those eligible pursuant to §40-
28	8.12, that conform to federal guidelines related to the transfer of assets for less than fair market
29	value established in Title XIX and applicable federal guidelines. State plan amendments are
30	required to comply fully with these mandates.
31	(e) Service Delivery. To better leverage all available health care dollars and promote
32	access and service quality, the Executive Office proposes to:
33	(i) Restructure delivery systems for dual Medicare and Medicaid eligible LTSS
34	beneficiaries who have chronic or disabling conditions to provide the foundation for
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1	implementing more cost-effective and sustainable managed care LTSS arrangements. Additional
2	state plan authorities may be required.
3	(ii) Expand the reach of the RIte Share premium assistance program through amendments
4	to the Medicaid state plan to cover all adults, ages 19 and older, who have access to a cost-
5	effective Executive Office approved employer-sponsored health insurance program.
6	(f) Non-Emergency Transportation Program (NEMT). To implement cost effective
7	delivery of services and to enhance consumer satisfaction with transportation services by:
8	(i) Expanding reimbursement methodologies; and
9	(ii) Removing transportation restrictions to align with Title XIX of Federal law.
10	(g) Community First Choice (CFC). To seek Medicaid state plan and any additional
11	waiver authority necessary to implement the CFC option.
12	(h) Alternative Payment Methodology. To develop, in collaboration with the Department
13	of Behavioral Healthcare, Development Disabilities and Hospitals (BHDDH), a health home for
14	providing conflict free person-centered planning and a quality and value based alternative
15	payment system that advances the goal of improving service access, quality and value.
16	(i) Opioid and Behavioral Health Crisis Management. To implement in collaboration
17	with the Department of Behavioral Healthcare, Development Disabilities and Hospitals
18	(BHDDH), a community based alternative to emergency departments for addiction and mental
19	health emergencies.
20	(j) Federal Financing Opportunities. The Executive Office proposes to review Medicaid
21	requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of
22	2010 (PPACA) and various other recently enacted federal laws and pursue any changes in the
23	Rhode Island Medicaid program that promote service quality, access and cost-effectiveness that
24	may warrant a Medicaid State Plan amendment or amendment under the terms and conditions of
25	Rhode Island’s Section 1115 Waiver, its successor, or any extension thereof. Any such actions by
26	the Executive Office shall not have an adverse impact on beneficiaries or cause there to be an
27	increase in expenditures beyond the amount appropriated for state fiscal year 2019.
28	Now, therefore, be it: RESOLVED, the General Assembly hereby approves proposals
29	and be it further;
30	RESOLVED, the Secretary of the Executive Office is authorized to pursue and
31	implement any waiver amendments, State Plan amendments, and/or changes to the applicable
32	department’s rules, regulations and procedures approved herein and as authorized by 42-12.4; and
33	be it further
34	RESOLVED, that this Joint Resolution shall take effect upon passage.
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1	SECTION 2. This Article shall take effect upon passage.
2	ARTICLE 15
3	RELATING TO CHILDREN AND FAMILIES
4	SECTION 1. Sections 14-1-3, 14-1-6 and 14-1-11.1 of the General Laws in Chapter 14-1
5	entitled "Proceedings in Family Court" are hereby amended to read as follows:
6	14-1-3. Definitions.
7	The following words and phrases when used in this chapter shall, unless the context
8	otherwise requires, be construed as follows:
9	(1) "Adult" means a person eighteen (18) years of age or older, except that "adult"
10	includes any person seventeen (17) years of age or older who is charged with a delinquent offense
11	involving murder, first-degree sexual assault, first-degree child molestation, or assault with intent
12	to commit murder, and that person shall not be subject to the jurisdiction of the family court as set
13	forth in §§ 14-1-5 and 14-1-6 if, after a hearing, the family court determines that probable cause
14	exists to believe that the offense charged has been committed and that the person charged has
15	committed the offense.
16	(2) "Appropriate person", as used in §§ 14-1-10 and 14-1-11, except in matters relating to
17	adoptions and child marriages, means and includes:
18	(i) Any police official of this state, or of any city or town within this state;
19	(ii) Any duly qualified prosecuting officer of this state, or of any city or town within this
20	state;
21	(iii) Any director of public welfare of any city or town within this state, or his or her duly
22	authorized subordinate;
23	(iv) Any truant officer or other school official of any city or town within this state;
24	(v) Any duly authorized representative of any public or duly licensed private agency or
25	institution established for purposes similar to those specified in § 8-10-2 or 14-1-2; or
26	(vi) Any maternal or paternal grandparent, who alleges that the surviving parent, in those
27	cases in which one parent is deceased, is an unfit and improper person to have custody of any
28	child or children.
29	(3) "Child" means a person under eighteen (18) years of age.
30	(4) "The court" means the family court of the state of Rhode Island.
31	(5) "Delinquent", when applied to a child, means and includes any child who has
32	committed any offense that, if committed by an adult, would constitute a felony, or who has on
33	more than one occasion violated any of the other laws of the state or of the United States or any
34	of the ordinances of cities and towns, other than ordinances relating to the operation of motor
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1	vehicles.
2	(6) "Dependent" means any child who requires the protection and assistance of the court
3	when his or her physical or mental health or welfare is harmed, or threatened with harm, due to
4	the inability of the parent or guardian, through no fault of the parent or guardian, to provide the
5	child with a minimum degree of care or proper supervision because of:
6	(i) The death or illness of a parent; or
7	(ii) The special medical, educational, or social-service needs of the child which the parent
8	is unable to provide.
9	(7) "Justice" means a justice of the family court.
10	(8) "Neglect" means a child who requires the protection and assistance of the court when
11	his or her physical or mental health or welfare is harmed, or threatened with harm, when the
12	parents or guardian:
13	(i) Fails to supply the child with adequate food, clothing, shelter, or medical care, though
14	financially able to do so or offered financial or other reasonable means to do so;
15	(ii) Fails to provide the child proper education as required by law; or
16	(iii) Abandons and/or deserts the child.
17	(9) "Wayward", when applied to a child, means and includes any child:
18	(i) Who has deserted his or her home without good or sufficient cause;
19	(ii) Who habitually associates with dissolute, vicious, or immoral persons;
20	(iii) Who is leading an immoral or vicious life;
21	(iv) Who is habitually disobedient to the reasonable and lawful commands of his or her
22	parent or parents, guardian, or other lawful custodian;
23	(v) Who, being required by chapter 19 of title 16 to attend school, willfully and habitually
24	absents himself or herself from school or habitually violates the rules and regulations of the
25	school when he or she attends;
26	(vi) Who has, on any occasion, violated any of the laws of the state or of the United
27	States or any of the ordinances of cities and towns, other than ordinances relating to the operation
28	of motor vehicles; or
29	(vii) Any child under seventeen (17) years of age who is in possession of one ounce (1
30	oz.) or less of marijuana, as defined in § 21-28-1.02, and who is not exempted from the penalties
31	pursuant to chapter 28.6 of title 21.
32	(l0) "Young adult" means an individual who has attained the age of eighteen (18) years
33	but has not reached the age of twenty-one (21) years and was in the legal custody of the
34	department on their eighteenth birthday pursuant to an abuse, neglect or dependency petition; or
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1	was a former foster child who was adopted or placed in a guardianship after attaining age sixteen
2	(16).
3	(11) "Voluntary placement agreement for extension of care" means a written agreement
4	between the state agency and a young adult who meets the eligibility conditions specified in §14-
5	1-6(c), acting as their own legal guardian that is binding on the parties to the agreement. At a
6	minimum, the agreement recognizes the voluntary nature of the agreement, the legal status of the
7	young adult and the rights and obligations of the young adult, as well as the services and supports
8	the agency agrees to provide during the time that the young adult consents to giving the
9	department legal responsibility for care and placement.
10	(12) "Supervised independent living setting" means a supervised setting in which a young
11	adult is living independently, that meets any safety and or licensing requirements established by
12	the department for this population, and is paired with a supervising agency or a supervising
13	worker, including, but not limited to, single or shared apartments or houses, host homes, relatives'
14	and mentors' homes, college dormitories or other post-secondary educational or vocational
15	housing. All or part of the financial assistance that secures an independent supervised setting for a
16	young adult may be paid directly to the young adult if there is no provider or other child placing
17	intermediary, or to a landlord, a college, or to a supervising agency, or to other third parties on
18	behalf of the young adult in the discretion of the department.
19	(10) (13) The singular shall be construed to include the plural, the plural the singular, and
20	the masculine the feminine, when consistent with the intent of this chapter.
21	(11) (14) For the purposes of this chapter, "electronic surveillance and monitoring
22	devices" means any "radio frequency identification device (RFID)" or "global positioning device"
23	that is either tethered to a person or is intended to be kept with a person and is used for the
24	14-1-6. Retention of jurisdiction.
25	(a) When the court shall have obtained jurisdiction over any child prior to the child
26	having attained the age of eighteen (18) years by the filing of a petition alleging that the child is
27	wayward or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in
28	this chapter, continue under the jurisdiction of the court until he or she becomes nineteen (19)
29	years of age, unless discharged prior to turning nineteen (19).
30	(b) When the court shall have obtained jurisdiction over any child prior to the child's
31	eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the
32	child is dependent, neglected, and or abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14,
33	including any child under the jurisdiction of the family court on petitions filed and/or pending
34	before the court prior to July 1, 2007, the child shall, except as specifically provided in this
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1	chapter, continue under the jurisdiction of the court until he or she becomes eighteen (18) years of
2	age; provided, that at least six (6) months prior to a child turning eighteen (18) years of age, the
3	court shall require the department of children, youth and families to provide a description of the
4	transition services including the child's housing, health insurance, education and/or employment
5	plan, available mentors and continuing support services, including workforce supports and
6	employment services afforded the child in placement or a detailed explanation as to the reason
7	those services were not offered. As part of the transition planning, the child shall be informed by
8	the department of the opportunity to voluntarily agree to extended care and placement by the
9	department and legal supervision by the court until age twenty-one (21). The details of a child's
10	transition plan shall be developed in consultation with the child, wherever possible, and approved
11	by the court prior to the dismissal of an abuse, neglect, dependency, or miscellaneous petition
12	before the child's twenty-first birthday.
13	(c) A child, who is in foster care on their eighteenth birthday due to the filing of a
14	miscellaneous petition or a petition alleging that the child is dependent, neglected, or abused
15	pursuant to §§14-1-5, 40-11-7 or 42-72-14 may voluntarily elect to continue responsibility for
16	care and placement from DCYF and to remain under the legal supervision of the court as a young
17	adult until age twenty-one (21), provided:
18	(1) The young adult was in the legal custody of the department at age eighteen (18); or
19	(2) Was a former foster child who was adopted or placed in a guardianship with an
20	adoption assistance agreement that was effective upon attaining age sixteen (16); and
21	(3) The young adult is participating in at least one of the following:
22	(i) Completing the requirements to receive a high school diploma or GED;
23	(ii) Completing a secondary education or a program leading to an equivalent credential;
24	enrolled in an institution that provides post-secondary or vocational education;
25	(iii) Participating in a job training program or an activity designed to promote or remove
26	barriers to employment;
27	(iv) Be employed for at least eighty (80) hours per month; or
28	(v) Incapable of doing any of the foregoing due to a medical condition that is regularly
29	updated and documented in the case plan;
30	(4) Upon the request of the young adult, the court's legal supervision and the department's
31	responsibility for care and placement may be terminated. Provided, however, the young adult may
32	request reinstatement of responsibility and resumption of the court's legal supervision at any time
33	prior to their twenty-first birthday if the young adult meets the requirements set forth in §14-l-
34	6(c)(3). If the department wishes to terminate the court's legal supervision and its responsibility
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1	for care and placement, it may file a motion for good cause. The court may exercise its discretion
2	to terminate legal supervision over the young adult at any time.
3	(b) (d) The court may retain jurisdiction of any child who is seriously emotionally
4	disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age
5	twenty-one (21) when the court shall have obtained jurisdiction over any child prior to the child's
6	eighteenth birthday by the filing of a miscellaneous petition or a petition alleging that the child is
7	dependent, neglected and or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14.
8	(c) (e) The department of children, youth and families shall work collaboratively with the
9	department of behavioral healthcare, developmental disabilities and hospitals, and other agencies,
10	in accordance with § 14-1-59, to provide the family court with a transition plan for those
11	individuals who come under the court's jurisdiction pursuant to a petition alleging that the child is
12	dependent, neglected, and/or abused and who are seriously emotionally disturbed or
13	developmentally delayed pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan
14	presented to the court by the department of children, youth and families and the department of
15	behavioral healthcare, developmental disabilities and hospitals. The plan shall include the
16	behavioral healthcare, developmental disabilities and hospitals' community or residential service
17	level, health insurance option, education plan, available mentors, continuing support services,
18	workforce supports and employment services, and the plan shall be provided to the court at least
19	twelve (12) months prior to discharge. At least three (3) months prior to discharge, the plan shall
20	identify the specific placement for the child, if a residential placement is needed. The court shall
21	monitor the transition plan. In the instance where the department of behavioral healthcare,
22	developmental disabilities and hospitals has not made timely referrals to appropriate placements
23	and services, the department of children, youth and families may initiate referrals.
24	(d) (f) The parent and/or guardian and/or guardian ad litem of a child who is seriously
25	emotionally disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v), and who is
26	before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), 40-11-7 or 42-72-14, shall be
27	entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no
28	appropriate transition plan has been submitted to the court by the department of children, person
29	and families and the department of behavioral healthcare, developmental disabilities and
30	hospitals. The family court shall require that the department of behavioral healthcare,
31	developmental disabilities, and hospitals shall immediately identify a liaison to work with the
32	department of children, youth, and families until the child reaches the age of twenty-one (21) and
33	an immediate transition plan be submitted if the following facts are found:
34	(1) No suitable transition plan has been presented to the court addressing the levels of
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1	service appropriate to meet the needs of the child as identified by the department of behavioral
2	healthcare, developmental disabilities and hospitals; or
3	(2) No suitable housing options, health insurance, educational plan, available mentors,
4	continuing support services, workforce supports, and employment services have been identified
5	for the child.
6	(e) Provided, further, that any youth who comes within the jurisdiction of the court by the
7	filing of a wayward or delinquent petition based upon an offense that was committed prior to July
8	1, 2007, including youth who are adjudicated and committed to the Rhode Island training school
9	and who are placed in a temporary community placement as authorized by the family court, may
10	continue under the jurisdiction of the court until he or she turns twenty one (21) years of age.
11	(f) (g) In any case where the court shall not have acquired jurisdiction over any person
12	prior to the person's eighteenth (18th) birthday by the filing of a petition alleging that the person
13	had committed an offense, but a petition alleging that the person had committed an offense that
14	would be punishable as a felony if committed by an adult has been filed before that person attains
15	the age of nineteen (19) years of age, that person shall, except as specifically provided in this
16	chapter, be subject to the jurisdiction of the court until he or she becomes nineteen (19) years of
17	age, unless discharged prior to turning nineteen (19).
18	(g) (h) In any case where the court shall not have acquired jurisdiction over any person
19	prior to the person attaining the age of nineteen (19) years by the filing of a petition alleging that
20	the person had committed an offense prior to the person attaining the age of eighteen (18) years
21	which would be punishable as a felony if committed by an adult, that person shall be referred to
22	the court that had jurisdiction over the offense if it had been committed by an adult. The court
23	shall have jurisdiction to try that person for the offense committed prior to the person attaining
24	the age of eighteen (18) years and, upon conviction, may impose a sentence not exceeding the
25	maximum penalty provided for the conviction of that offense.
26	(h) (i) In any case where the court has certified and adjudicated a child in accordance
27	with the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the
28	power and authority to sentence the child to a period in excess of the age of nineteen (19) years.
29	However, in no case shall the sentence be in excess of the maximum penalty provided by statute
30	for the conviction of the offense.
31	(i) (j) Nothing in this section shall be construed to affect the jurisdiction of other courts
32	over offenses committed by any person after he or she reaches the age of eighteen (18) years.
33	14-1-11.1. Commitment of voluntary placements.
34	(a) The department of children, youth, and families shall petition the family court and
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1	request the care, custody, and control of any child who is voluntarily placed with the department
2	for the purpose of foster care by a parent or other person previously having custody and who
3	remains in foster care for a period of twelve (12) months. However, there shall be no requirement
4	for the department to seek custody of any child with an emotional, behavioral or mental disorder
5	or developmental or physical disability if the child is voluntarily placed with the department by a
6	parent or guardian of the child for the purpose of accessing an out-of-home program for the child
7	in a program which provides services for children with disabilities, including, but not limited to,
8	residential treatment programs, residential counseling centers, and therapeutic foster care
9	programs.
10	(b) In a hearing on a petition alleging that a child is dependent, competent and creditable
11	evidence that the child has remained in foster care for a period of twelve (12) months shall
12	constitute prima facie evidence sufficient to support the finding by the court that the child is
13	"dependent" in accordance with § 14-1-3.
14	(c) In those cases where a young adult who meets the eligibility criteria in §14-1-6(c)
15	wishes to continue in foster care after age eighteen (18), the young adult and an authorized
16	representative of DCYF shall, before the youth reaches age eighteen (18), discuss the terms of a
17	voluntary placement agreement for extension of care to be executed upon or after the young
18	adult's eighteenth birthday.
19	(d) In those cases where a young adult who meets the eligibility criteria in §14-1-6(c)
20	exits foster care at or after age eighteen (18), but wishes to return to foster care before age
21	twenty-one (21), DCYF shall file a petition for legal supervision of the young adult, with a
22	voluntary placement agreement for extension of care, executed by the young adult and an
23	authorized representative of DCYF attached.
24	SECTION 2. Section 40-11-14 of the General Laws in Chapter 40-11 entitled "Abused
25	and Neglected Children" is hereby amended to read as follows:
26	40-11-14. Right to representation in court proceedings.
27	(a) Any child who is alleged to be abused or neglected as a subject of a petition filed in
28	family court under this chapter, shall have a guardian ad litem appointed by the court to represent
29	this child. In addition, any young adult, who is eligible for extended foster care pursuant to §14-1-
30	6(c) and who has executed a voluntary agreement for extension of care may request the
31	appointment of guardian ad litem or court-appointed counsel. An appointment shall be in the
32	discretion of the court. The cost of counsel in those instances shall be paid by the state.
33	(b) A volunteer court-appointed special advocate may be assigned to assist the guardian
34	ad litem, in the court-appointed special advocate's office (CASA):
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1	(1) In order to assist the family court with the ability to ensure that these volunteers,
2	whose activity involves routine contact with minors, are of good moral character, all persons
3	seeking to volunteer for CASA shall be required to undergo a national criminal records check for
4	the purpose of determining whether the prospective volunteer has been convicted of any crime.
5	(i) A national criminal records check shall include fingerprints submitted to the Federal
6	Bureau of Investigation (FBI) by the department of children, youth and families (DCYF) for a
7	national criminal records check. The national criminal records check shall be processed prior to
8	the commencement of volunteer activity.
9	(ii) For the purposes of this section, "conviction" means, in addition to judgments of
10	conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances
11	where the defendant has entered a plea of nolo contendere and has received a sentence of
12	probation and that sentence has not expired and those instances where a defendant has entered
13	into a deferred sentence agreement with the attorney general.
14	(iii) For the purposes of this section, "disqualifying information" means information
15	produced by a national criminal records check pertaining to conviction for the offenses
16	designated as "disqualifying information" pursuant to DCYF policy.
17	(iv) The department of children, youth and families (DCYF) shall inform the applicant, in
18	writing, of the nature of the disqualifying information; and, without disclosing the nature of the
19	disqualifying information, shall notify the family court, in writing, that disqualifying information
20	has been discovered.
21	(v) In those situations in which no disqualifying information has been found, DCYF shall
22	inform the applicant and the family court, in writing, of this fact.
23	(vi) The family court shall maintain on file evidence that national criminal records checks
24	have completed on all volunteer court-appointed special advocates.
25	(vii) The criminal record check shall be conducted without charge to the prospective
26	CASA volunteers. At the conclusion of the background check required pursuant to this section,
27	DCYF shall promptly destroy the fingerprint record of the applicant obtained pursuant to this
28	chapter.
29	(2) All persons seeking to volunteer for CASA must submit a satisfactory DCYF
30	clearance and participate in a program of training offered by the CASA office.
31	(c) If the parent or other person responsible for the child's care is financially unable to
32	engage counsel as determined by the court, the court may, at the request of that person, and in its
33	discretion, appoint the public defender, or other counsel, to represent the person. The cost of other
34	counsel in those instances shall be paid by the state. In every court proceeding under this chapter
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1	in which it is a party, the department shall be represented by its legal counsel.
2	SECTION 3. Chapter 40-11 of the General Laws entitled "Abused and Neglected
3	Children" is hereby amended by adding thereto the following section:
4	40-11-12.5. Review of young adults under the court's legal supervision and receiving
5	care and placement services from DCYF.
6	(a) In the case of a young adult, between the ages of eighteen (18) and twenty-one (21),
7	who has executed a voluntary placement agreement for continued care and placement
8	responsibility from the department and for legal supervision of the court, the permanency plan
9	shall document the reasonable efforts made by the department and the young adult to finalize a
10	permanency plan that addresses the goal of preparing the young adult for independence and
11	successful adulthood. This includes, but is not limited to, housing assistance to obtain supervised
12	independent living arrangements, shared living arrangements or extended foster and kinship care:
13	education, vocational assessment, job training and employment plan needed to transition the
14	young adult to self-sufficiency: assisting the young adult in obtaining educational goals: a job,
15	employment/vocational skills: any other services and supports that will assist the young adult in
16	accessing available services; applying for public benefits; acquiring important documents, such as
17	ID card, driver's license, birth certificate, social security card, health insurance cards, medical
18	records; attending to physical and mental health needs; maintaining relationships with individuals
19	who are important to them and acquiring information about siblings and other maternal and
20	paternal relatives.
21	(b) Initial judicial determination - Within one hundred eighty (180) days of signing the
22	voluntary placement agreement, the department must petition the court to make a determination
23	whether remaining in foster care is in the young adult's best interests.
24	(c) The court shall conduct a permanency hearing within one year after the young adult
25	and the department execute a voluntary placement agreement and annually thereafter. At the
26	permanency hearing, the department shall present a written case plan to the court for approval
27	that details the necessary services, care and placement the young adult shall receive to assist the
28	transition to independence and successful adulthood. The court shall also review the efforts made
29	to assist the youth in forming permanent connections with caring adults, or otherwise establish
30	positive, supportive relationships. The young adult is expected to be present at each permanency
31	hearing, except for good cause shown. The young adult shall be expected to guide the
32	development of the permanency plan. The court shall determine permanency plan for the young
33	adult and whether continued care and placement responsibility from the department is in the best
34	interests of the young adult. The best interests of the young adult shall be paramount.
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1	(d) Notice of the court hearings shall be served by the department upon all parties in
2	interest in accordance with the rules of child welfare procedure of the family court.
3	(e) Periodic formal reviews, shall be held not less than once every one hundred eighty
4	(180) days to assess the progress and case plan of any young adult under the court's legal
5	supervision and under the care and placement responsibility of DCYF pursuant to a voluntary
6	agreement for extension of care.
7	The permanency plan shall be reviewed by the court at least once every twelve (12)
8	months at a permanency hearing and by the department in an administrative review within one
9	hundred eighty (180) days after the permanency hearing. The young adult is expected to
10	participate in case planning and periodic reviews.
11	(f) At the administrative review and the permanency hearing the department and the court
12	shall ascertain:
13	(1) Whether the young adult continues to be compliant with the conditions for eligibility
14	for extended care and placement responsibility;
15	(2) Whether the department has made reasonable efforts to finalize a permanency plan
16	that prepares the young adult for a successful transition to independence;
17	(3) Whether the young adult is safe in their placement and continued foster care is
18	appropriate;
19	(4) Whether the young adult has been provided appropriate services or requires additional
20	services and support to achieve the goals documented in the case plan for a successful transition
21	under state or federal law;
22	(5) Whether progress has been made to achieve independence on a projected date;
23	(g) The court may order the department or any other department of state government,
24	consistent with §14-1-59 to take action to access transition services, particularly those necessary
25	to secure affordable housing, to provide vocational testing, assessment and guidance, to acquire
26	job training opportunities and apprenticeships and to apply for any applicable state or federal
27	benefits to ensure that the young adult receives the support and care necessary to achieve
28	independence and successful adulthood.
29	SECTION 4. Section 42-102-10 of the General Laws in Chapter 42-102 entitled
30	"Governor's Workforce Board Rhode Island" is hereby amended to read as follows:
31	42-102-10. State Career-Pathways System.
32	The workforce board ("board") shall support and oversee statewide efforts to develop and
33	expand career pathways that enable individuals to secure employment within a specific industry
34	or occupational sector and to advance over time to successively higher levels of education and
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1	employment in that sector. Towards this purpose, the board shall convene an advisory committee
2	comprised of representatives from business, labor, adult education, secondary education, higher
3	education, the department of corrections, the executive office of health and human services, the
4	department of children, youth and families, the department of behavioral healthcare,
5	developmental disabilities and hospitals, the office of library and information services,
6	community-based organizations, consumers, and the public-workforce system. Included in the
7	state career-pathways system, shall be the creation of pathways and workforce training programs
8	to fill skill gaps and employment opportunities in the clean-energy sector.
9	SECTION 5. Sections 40-72.1-2, 42-72.1-3, and 42-72.1-6 of the General Laws in
10	Chapter 40-72.1 entitled "Licensing and Monitoring of Child Care Providers and Child-Placing
11	Agencies" are hereby amended to read as follows:
12	42-72.1-2. Definitions.As used in this chapter:
13	(1) "Administrator of licensing" means the director of the licensing unit (or his/her
14	designee) that carries out the provisions of this chapter, hereafter referred to as the
15	"administrator".
16	(2) "Applicant" means a child-placing agency or childcare provider that applies for a
17	license to operate.
18	(3) "Child" means any person less than eighteen (18) years of age; provided, that a child
19	over eighteen (18) years of age who is nevertheless subject to continuing jurisdiction of the
20	family court, pursuant to chapter 1 of title 14, or defined as emotionally disturbed according to
21	chapter 7 of title 40.1, shall be considered a child for the purposes of this chapter.
22	(4) "Childcare provider" means a person or agency, which offers residential or
23	nonresidential care and/or treatment for a child outside of his/her natural home.
24	(5) "Child day care or child care" means daily care and/or supervision offered
25	commercially to the public for any part of a twenty-four (24) hour day to children away from
26	their homes.
27	(6) "Child day care center or child care center" means any person, firm, corporation,
28	association, or agency who, on a regular or irregular basis, receives any child under the age of
29	sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart
30	from the child's parent or guardian for any part of a twenty-four (24) hour day irrespective of
31	compensation or reward. It shall include childcare programs that are offered to employees at the
32	worksite. It does not include nursery schools or other programs of educational services subject to
33	approval by the commissioner of elementary and secondary education.
34	(7) "Child-placing agency" means any private or public agency, which receives children
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1	for placement into independent living arrangements, supervised apartment living, residential
2	group care facilities, family foster homes, or adoptive homes.
3	(8) "Department" means the department of children, youth, and families (DCYF).
4	(9) "Director" means the director of the department of children, youth, and families, or
5	the director's designee.
6	(10) "Family day care home" means any home other than the child's home in which child
7	day care in lieu of parental care and/or supervision is offered at the same time to four (4) or more
8	children who are not relatives of the care giver.
9	(11) "Group family day care home" means a residence occupied by an individual of at
10	least twenty-one (21) years of age who provides care for not less than nine (9) and not more than
11	twelve (12) children, with the assistance of one or more approved adults, for any part of a twenty-
12	four (24) hour day. The maximum of twelve (12) children shall include children under six (6)
13	years of age who are living in the home, school-age children under the age of twelve (12) years
14	whether they are living in the home or are received for care, and children related to the provider
15	who are received for care. These programs shall be subject to yearly licensing as addressed in this
16	chapter and shall comply with all applicable state and local fire, health, and zoning regulations.
17	(12) "Licensee" means any person, firm, corporation, association, or agency, which holds
18	a valid license under this chapter.
19	(13) "Regulation" means any requirement for licensure, promulgated pursuant to this
20	chapter having the force of law.
21	(14) "Related" means any of the following relationships, by marriage, blood or adoption,
22	even following the death or divorce of a natural parent: parent, grandparent, brother, sister, aunt,
23	uncle, and first cousin. In a prosecution under this chapter or of any law relating thereto, a
24	defendant who relies for a defense upon the relationship of any child to him or herself, the
25	defendant shall have the burden of proof as to the relationship.
26	42-72.1-3. Powers and scope of activities.
27	(a) The department shall issue, deny, and revoke licenses for, and monitor the operation
28	of, facilities and programs by child placing agencies and child care providers, as defined in § 42-
29	72.1-2 or assess administrative penalty under the provisions of §42-72.11 of this chapter relating
30	to licensed child care centers, family child care homes, group family child care homes.
31	(b) The department shall adopt, amend, and rescind regulations in accordance with this
32	chapter and implement its provisions. The regulations shall be promulgated and become effective
33	in accordance with the provisions of the Administrative Procedures Act, chapter 35 of title 42.
34	(c) The department through its licensing unit shall administer and manage the regulations
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1	pertaining to the licensing and monitoring of those agencies, and shall exercise all statutory and
2	administrative powers necessary to carry out its functions.
3	(d) The administrator shall investigate complaints of noncompliance, and shall take
4	licensing action as required.
5	(e) Regulations formulated pursuant to the foregoing authority shall include, but need not
6	be limited to, the following:
7	(1) Financial, administrative and organizational ability, and stability of the applicant;
8	(2) Compliance with specific fire and safety codes and health regulations;
9	(3) Character, health suitability, qualifications of child care providers;
10	(4) Staff/child ratios and workload assignments of staff providing care or supervision to
11	children;
12	(5) Type and content of records or documents that must be maintained to collect and
13	retain information for the planning and caring for children;
14	(6) Procedures and practices regarding basic child care and placing services to ensure
15	protection to the child regarding the manner and appropriateness of placement;
16	(7) Service to families of children in care;
17	(8) Program activities, including components related to physical growth, social,
18	emotional, educational, and recreational activities, social services and habilitative or rehabilitative
19	treatment;
20	(9) Investigation of previous employment, criminal record check and department records
21	check; and
22	(10) Immunization and testing requirements for communicable diseases, including, but
23	not limited to, tuberculosis, of child care providers and children at any child day-care center or
24	family day-care home as is specified in regulations promulgated by the director of the department
25	of health. Notwithstanding the foregoing, all licensing and monitoring authority shall remain with
26	the department of children, youth, and families.
27	(f) The administrator may:
28	(1) Prescribe any forms for reports, statements, notices, and other documents deemed
29	necessary;
30	(2) Prepare and publish manuals and guides explaining this chapter and the regulations to
31	facilitate compliance with and enforcement of the regulations;
32	(3) Prepare reports and studies to advance the purpose of this chapter;
33	(4) Provide consultation and technical assistance, as requested, to assist licensees in
34	maintaining compliance; and
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1	(5) Refer to the advisory council for children and families for advice and consultation on
2	licensing matter.
3	(g) The department may promulgate rules and regulations for the establishment of child
4	day care centers located on the second floor.
5	(h) When the department is otherwise unsuccessful in remedying noncompliance with the
6	provisions of this chapter and the regulations promulgated under it, it shall may petition the
7	family court for an order enjoining the noncompliance or for any order that equity and justice
8	may require.
9	(i) The department shall collaborate with the departments of human services, elementary
10	and secondary education, and health to provide monitoring, mentoring, training, technical
11	assistance, and other services which are necessary and appropriate to improving the quality of
12	child care offered by child care providers who are certified, licensed, or approved by the
13	department or the department of elementary and secondary education or who are seeking
14	certification, licensure, or approval pursuant to § 42-72-1 or § 16-48-2, including non-English
15	speaking providers.
16	(j) The department shall adopt, amend, and rescind regulations in the same manner as set
17	forth above in order to permit the placement of a pregnant minor in a group residential facility
18	which provides a shelter for pregnant adults as its sole purpose.
19	42-72.1-6. Violations, suspensions and revocations of license.
20	(a) When a licensee violates the terms of the license, the provisions of this chapter, or any
21	regulation thereunder, the department may pursue the administrative remedies herein provided,
22	including the assessment administrative penalties under the provisions of §42-72.11 of this
23	chapter relating to licensed child care centers, family child care homes, group family child care
24	homes, in addition to other civil or criminal remedies according to the general laws.
25	(b) After notice and hearing, as provided by the Administrative Procedures Act, chapter
26	35 of title 42, the administrator may revoke the license, or suspend the license for a period not
27	exceeding six (6) months.
28	(c) During a suspension, the agency, facility or program shall cease operation.
29	(d) To end a suspension, the licensee shall, within thirty (30) days of the notice of
30	suspension, submit a plan of corrective action to the administrator. The plan shall outline the
31	steps and timetables for immediate correction of the areas of noncompliance and is subject to the
32	approval of the administrator.
33	(e) At the end of the suspension, the administrator may reinstate the license for the term
34	of the original license, revoke the license, issue a new license, or deny a reapplication.
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1	(f) Upon revocation, the licensed agency, program or facility shall cease operation. The
2	licensee whose license has been revoked may not apply for a similar license within a three (3)
3	year period from the date of revocation.
4	(g) Except in those instances wherein there is a determination that there exists a danger to
5	the public health, safety, or welfare or there is a determination that the child care provider has
6	committed a serious breach of State law, orders, or regulation, the director shall utilize
7	progressive penalties for noncompliance of any rule, regulation or order relating to child care
8	providers. Progressive penalties could include written notice of noncompliance, education and
9	training, suspending enrollment to the program, assessing fines, suspension of license, and
10	revocation of license.
11	SECTION 6. Title 42 of the General Laws entitled "State Affairs and Government" is
12	hereby amended by adding thereto the following chapter:
13	CHAPTER 42-72.11
14	ADMINISTRATIVE PENALTIES FOR CHILD CARE LICENSING VIOLATIONS
15	42-72.11-1. Definitions.
16	As used in this chapter, the following words, unless the context clearly requires
17	otherwise, shall have the following meanings:
18	(1) "Administrative penalty" means a monetary penalty not to exceed the civil penalty
19	specified by statute or, where not specified by statute, an amount not to exceed five hundred
20	dollars ($500).
21	(2) "Director" means the director of the department of children, youth and families or his
22	or her duly authorized agent.
23	(3) "Person" means any public or private corporation, individual, partnership, association,
24	or other entity that is licensed as a child care center, family child care home, group family child
25	care home or any officer, employee or agent thereof.
26	(4) “Citation” means a notice of an assessment of an administrative penalty issued by the
27	director or his or her duly authorized agent.
28	42-72.11-2. Authority of director to assess penalty.
29	The director may assess an administrative penalty on a person who fails to comply with
30	any provision of any rule, regulation, order, permit, license, or approval issued or adopted by the
31	director, or of any law which the director has the authority or responsibility to enforce.
32	42-72.11-3. Notice of violation and assessment of penalty.
33	(a) Whenever the director seeks to assess an administrative penalty on any person, the
34	director shall cause to be served upon the person, either by service, in hand, or by certified mail,
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1	return receipt requested, a written notice of its intent to assess an administrative penalty which
2	shall include:
3	(1) A concise statement of the alleged act or omission for which the administrative
4	penalty is sought to be assessed;
5	(2) Each law, rule, regulation, or order which has not been complied with as a result of
6	the alleged act or omission;
7	(3) The amount which the director seeks to assess as an administrative penalty for each
8	alleged act or omission;
9	(4) A statement of the person's right to an adjudicatory hearing on the proposed
10	assessment;
11	(5) The requirements the person must comply with to avoid being deemed to have waived
12	the right to an adjudicatory hearing; and
13	(6) The manner of payment thereof if the person elects to pay the penalty and waive an
14	adjudicatory hearing.
15	42-72.11-4. Right to adjudicatory hearing.
16	(a) Whenever the director seeks to assess an administrative penalty on any person the
17	person shall have the right to an adjudicatory hearing under chapter 35 of this title, the provisions
18	of which shall apply except when they are inconsistent with the provisions of this chapter.
19	(b) A person shall be deemed to have waived his or her right to an adjudicatory hearing
20	unless, within ten (10) days of the date of the director's notice that he or she seeks to assess an
21	administrative penalty, the person files with the director a written statement denying the
22	occurrence of any of the acts or omissions alleged by the director in the notice, or asserting that
23	the money amount of the proposed administrative penalty is excessive. In any adjudicatory
24	hearing authorized pursuant to chapter 35 of title 42, the director shall, by a preponderance of the
25	evidence, prove the occurrence of each act or omission alleged by the director.
26	(c) If a person waives his or her right to an adjudicatory hearing, the proposed
27	administrative penalty shall be final immediately upon the waiver.
28	42-72.11-5. Judicial review.
29	(a) If an administrative penalty is assessed at the conclusion of an adjudicatory hearing
30	the administrative penalty shall be final upon the expiration of thirty (30) days if no action for
31	judicial review of the decision is commenced pursuant to chapter 35 of this title.
32	(b) The family court shall have exclusive jurisdiction to review all appeals filed under
33	this chapter.
34	42-72.11-6. Determination of administrative penalty.
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1	In determining the amount of each administrative penalty, the director shall include, but
2	not be limited to, the following to the extent practicable in his or her considerations:
3	(1) The actual and potential impact on health, safety and welfare of children impacted the
4	alleged noncompliance;
5	(2) Whether the person being assessed the administrative penalty took steps to prevent
6	noncompliance, and to promptly come into compliance;
7	(3) Whether the person being assessed the administrative penalty has previously failed to
8	comply with any rule, regulation, or order issued or adopted by the director, or any law which the
9	director has the authority or responsibility to enforce;
10	(4) Making compliance less costly than noncompliance;
11	(5) Deterring future noncompliance;
12	(7) The amount necessary to eliminate the economic advantage of noncompliance;
13	(8) Whether the failure to comply was intentional, willful, or knowing or was the result of
14	error;
15	(9) Any amount specified by state and/or federal statute for a similar violation or failure
16	to comply;
17	(10) Any other factor(s) that may be relevant in determining the amount of a penalty,
18	provided that the other factors shall be set forth in the written notice of assessment of the penalty;
19	and
20	(11) The public interest.
21	42-72.11-7. Limitations on amount of penalty.
22	The administrative penalty shall be not more than one thousand dollars ($1,000) for each
23	violation or failure to comply unless a different amount is authorized by statute as a civil penalty
24	for the subject violation. Each and every occurrence and/or day during which the violation or
25	failure to comply is repeated shall constitute a separate and distinct violation.
26	42-72.11-8. Rules and regulations.
27	No administrative penalty shall be assessed by the director pursuant to this chapter until
28	the director has promulgated rules and regulations for assessing administrative penalties in
29	accordance with the provisions of chapter 35 of this title.
30	42-72.11-9. Severability.
31	If any provision of this chapter or the application thereof to any person or circumstances
32	is held invalid, that invalidity shall not affect other provisions or applications of the chapter,
33	which can be given effect without the invalid provision or application, and to this end the
34	provisions of this chapter are declared to be severable.
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1	SECTION 7. Sections 23-24.6-14 and 23-24.6-14.1 of the General Laws in Chapter 23-
2	24.6 entitled “Lead Poisoning Prevention Act” are hereby amended to read as follows:
3	23-24.6-14. Inspection of child care facilities.
4	(a) The director shall promulgate regulations requiring that as a condition of licensure all
5	preschools, day care facilities, nursery schools, group family child care homes, family child care
6	homes, child care centers, residential facilities, and public and private elementary schools and
7	schoolyards, and public playgrounds, and shelters and foster homes serving children under the
8	age of six (6) years in Rhode Island:
9	(1) Receive comprehensive environmental lead inspections at specified intervals; and
10	(2) Demonstrate that they are either lead free or lead safe.
11	(b) The director, shall, using state inspectors, conduct comprehensive environmental lead
12	inspections for all these facilities at the specified intervals.
13	23-24.6-14.1. Inspection of foster homes.
14	(a) The director shall promulgate regulations that subject foster homes to, at a minimum,
15	a visual lead inspection to assess whether there are any potential lead hazards in the home. The
16	department of health shall review the results of all lead inspections of foster homes and shall
17	ensure that owners receive all information needed to remediate the lead hazards identified in the
18	inspection.
19	SECTION 8. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The
20	Rhode Island Works Program" is hereby amended to read as follows:
21	40-5.2-20. Child-care assistance.
22	Families or assistance units eligible for childcare assistance.
23	(a) The department shall provide appropriate child care to every participant who is
24	eligible for cash assistance and who requires child care in order to meet the work requirements in
25	accordance with this chapter.
26	(b) Low-Income child care. The department shall provide child care to all other working
27	families with incomes at or below one hundred eighty percent (180%) of the federal poverty level
28	if, and to the extent, such other families require child care in order to work at paid employment as
29	defined in the department's rules and regulations. Beginning July 1, 2018, and contingent on the
30	availability of funding, the department shall provide child care to families with incomes at or
31	below one hundred eighty percent (180%) of the federal poverty level if, and to the extent, such
32	families are enrolled in studies, as defined in the department’s rules and regulations, at a Rhode
33	Island institution of higher education, and need child care in order to attend. Beginning October 1,
34	2013, the department shall also provide child care to families with incomes at or below one
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1	hundred eighty percent (180%) of the federal poverty level if, and to the extent, such families
2	require child care to participate on a short-term basis, as defined in the department's rules and
3	regulations, in training, apprenticeship, internship, on-the-job training, work experience, work
4	immersion, or other job-readiness/job-attachment program sponsored or funded by the human
5	resource investment council (governor's workforce board) or state agencies that are part of the
6	coordinated program system pursuant to § 42-102-11.
7	(c) No family/assistance unit shall be eligible for child care assistance under this chapter
8	if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid
9	resources are defined as any interest(s) in property in the form of cash or other financial
10	instruments or accounts that are readily convertible to cash or cash equivalents. These include,
11	but are not limited to: cash, bank, credit union, or other financial institution savings, checking,
12	and money market accounts; certificates of deposit or other time deposits; stocks; bonds; mutual
13	funds; and other similar financial instruments or accounts. These do not include educational
14	savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held
15	jointly with another adult, not including a spouse. The department is authorized to promulgate
16	rules and regulations to determine the ownership and source of the funds in the joint account.
17	(d) As a condition of eligibility for child care assistance under this chapter, the parent or
18	caretaker relative of the family must consent to, and must cooperate with, the department in
19	establishing paternity, and in establishing and/or enforcing child support and medical support
20	orders for all children in the family in accordance with title 15, as amended, unless the parent or
21	caretaker relative is found to have good cause for refusing to comply with the requirements of this
22	subsection.
23	(e) For purposes of this section, "appropriate child care" means child care, including
24	infant, toddler, pre-school, nursery school, school-age, that is provided by a person or
25	organization qualified, approved, and authorized to provide such care by the department of
26	children, youth, and families, or by the department of elementary and secondary education, or
27	such other lawful providers as determined by the department of human services, in cooperation
28	with the department of children, youth and families and the department of elementary and
29	secondary education.
30	(f) (1) Families with incomes below one hundred percent (100%) of the applicable
31	federal poverty level guidelines shall be provided with free childcare. Families with incomes
32	greater than one hundred percent (100%) and less than one hundred eighty (180%) of the
33	applicable federal poverty guideline shall be required to pay for some portion of the childcare
34	they receive, according to a sliding-fee scale adopted by the department in the department's rules.
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1	(2) Families who are receiving childcare assistance and who become ineligible for
2	childcare assistance as a result of their incomes exceeding one hundred eighty percent (180%) of
3	the applicable federal poverty guidelines shall continue to be eligible for childcare assistance until
4	their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty
5	guidelines. To be eligible, such families must continue to pay for some portion of the childcare
6	they receive, as indicated in a sliding-fee scale adopted in the department's rules and in
7	accordance with all other eligibility standards.
8	(g) In determining the type of childcare to be provided to a family, the department shall
9	take into account the cost of available childcare options; the suitability of the type of care
10	available for the child; and the parent's preference as to the type of child care.
11	(h) For purposes of this section, "income" for families receiving cash assistance under §
12	40-5.2-11 means gross earned income and unearned income, subject to the income exclusions in
13	subdivisions §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean
14	gross, earned and unearned income as determined by departmental regulations.
15	(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast
16	the expenditures for childcare in accordance with the provisions of § 35-17-1.
17	(j) In determining eligibility for child care assistance for children of members of reserve
18	components called to active duty during a time of conflict, the department shall freeze the family
19	composition and the family income of the reserve component member as it was in the month prior
20	to the month of leaving for active duty. This shall continue until the individual is officially
21	discharged from active duty.
22	SECTION 9. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled “Child
23	Care – State Subsidies” is hereby amended to read as follows:
24	40-6.2-1.1. Rates established.
25	(a) Through June 30, 2015, subject to the payment limitations in section (b), the
26	maximum reimbursement rates to be paid by the departments of human services and children,
27	youth and families for licensed child care centers and certified licensed family-child care
28	providers shall be based on the following schedule of the 75th percentile of the 2002 weekly
29	market rates adjusted for the average of the 75th percentile of the 2002 and the 2004 weekly
30	market rates:
31	LICENSED CHILD CARE CENTERS 75th PERCENTILE OF WEEKLY MARKET RATE
32	INFANT $182.00
33	PRESCHOOL $150.00
34	SCHOOL-AGE $135.00
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1	CERTIFIED FAMILY CHILD CARE 75th PERCENTILE OF WEEKLY MARKET RATE
2	CHILD CARE PROVIDERS
3	INFANT $150.00
4	PRESCHOOL $150.00
5	SCHOOL-AGE $135.00
6	Effective July 1, 2015, Through June 30, 2018, subject to the payment limitations in
7	subsection (b), the maximum reimbursement rates to be paid by the departments of human
8	services and children, youth and families for licensed child care centers and certified licensed
9	family-child care providers shall be based on the above schedule of the 75th percentile of the
10	2002 weekly market rates adjusted for the average of the 75th percentile of the 2002 and the 2004
11	weekly market rates. These rates shall be increased by ten dollars ($10.00) per week for
12	infant/toddler care provided by certified licensed family-child care providers and license-exempt
13	providers and then the rates for all providers for all age groups shall be increased by three percent
14	(3%). Effective July 1, 2018, subject to the payment limitations in subsection (b), the maximum
15	infant/toddler reimbursement rate to be paid by the departments of human services and children,
16	youth and families for licensed child care centers and licensed family-child care providers shall
17	be implemented in a tiered manner, reflective of the quality rating the provider has achieved
18	within the State’s Quality Rating System outlined in § 42-12-23.1. The rates shall be based on the
19	2015 market rate survey and shall be updated when future market rate surveys are completed.
20	Rates will be established by the department of human services. No rate shall be below $193 for
21	licensed child care centers, and $169 for licensed family child care homes, and the rate for
22	Providers achieving a five-star rating in the quality rating system will be no less than the 75th
23	percentile of the market rate.
24	(b) The departments shall pay child care providers based on the lesser of the applicable
25	rate specified in subsection (a), or the lowest rate actually charged by the provider to any of its
26	public or private child care customers with respect to each of the rate categories, infant, preschool
27	and school-age.
28	(c) By June 30, 2004 and biennially through June 30, 2014, the department of labor and
29	training shall conduct an independent survey or certify an independent survey of the then current
30	weekly market rates for child care in Rhode Island and shall forward such weekly market rate
31	survey to the department of human services. The next survey shall be conducted by June 30,
32	2016, and triennially thereafter. The departments of human services and labor and training will
33	jointly determine the survey criteria including, but not limited to, rate categories and sub-
34	categories.
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1	(d) In order to expand the accessibility and availability of quality child care, the
2	department of human services is authorized to establish by regulation alternative or incentive
3	rates of reimbursement for quality enhancements, innovative or specialized child care and
4	alternative methodologies of child care delivery, including non-traditional delivery systems and
5	collaborations.
6	(e) On or before Effective January 1, 2007, all child care providers have the option to be
7	paid every two (2) weeks and have the option of automatic direct deposit and/or electronic funds
8	transfer of reimbursement payments.
9	SECTION 10. This Article shall take effect upon passage.
10	ARTICLE 16
11	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
12	SECTION 1. This article shall serve as joint resolution required pursuant to Rhode Island
13	General Law § 35-18-1, et seq.
14	SECTION 2. University of Rhode Island - Repaving, Hardscape & Landscape
15	WHEREAS, the Rhode Island Council on Postsecondary Education is proposing a project
16	which involves the re-pavement and reconstruction of major parking facilities, internal roadways,
17	and walkways and associated infrastructure on the University’s Kingston, Narragansett Bay, and
18	W. Alton Jones; and
19	WHEREAS, the University has made progress in the improvement of its extensive
20	inventory of paved surfaces on its Campuses, the scope of repaving and reconstruction of major
21	parking facilities, internal roadways, and walkways and associated infrastructure is substantial and
22	ongoing; and
23	WHEREAS, a recent Transportation and Parking Master Plan recommends the
24	redevelopment of campus roadways into “complete streets” allowing safe travel for pedestrians,
25	cyclists, vehicles and other modes of travel; and
26	WHEREAS, the design and execution of this Master Plan will improve the campus’s
27	environmental impact; and
28	WHEREAS, these timely project commitments serve the objectives of both the University
29	and the local community; and
30	WHEREAS, the Rhode Island Public Corporation Debt Management Act requires the
31	General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island
32	and other public agencies of certain obligations including financing guarantees or other
33	agreements; and
34	WHEREAS, the design and paving work will be financed through Rhode Island Health
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1	and Education Building Corporation revenue bonds, with an expected term of twenty (20) years;
2	and
3	WHEREAS, the project costs associated with completion of the project and proposed
4	financing method is eleven million dollars ($11,000,000), including cost of issuance. Debt
5	Service payments would be supported by both University’s unrestricted general revenues and
6	enterprise funding from the University of Rhode Island Parking Services operation. Total debt
7	service on the bonds is not expected to exceed eight hundred eighty three thousand dollars
8	($883,000) annually and seventeen million six hundred sixty thousand dollars ($17,660,000) in
9	the aggregate based on an average interest rate of five percent (5%); now, therefore be it
10	RESOLVED, that this General Assembly hereby approves financing in an amount not to
11	exceed eleven million dollars ($11,000,000) for the Repaving, Hardscape & Landscape project at
12	the University of Rhode Island; and be it further
13	RESOLVED, that, this Joint Resolution shall take effect upon passage by this General
14	Assembly.
15	SECTION 3. University of Rhode Island – Utility Infrastructure Upgrade Phase I.
16	WHEREAS, the Council on Postsecondary Education and the University of Rhode
17	Island are proposing a project which involves the engineering and construction of upgrades and
18	component replacements to five municipal-level Kingston Campus utility systems; and
19	WHEREAS, the University has engaged qualified engineering firms to examine its major
20	infrastructure systems; and
21	WHEREAS, based on the condition and capabilities of these systems, the studies have
22	concluded that replacement of components and reconfiguration was advisable for each of these
23	extensive systems to ensure necessary steam, water, sanitary and electrical support for the next
24	20-40 years; and
25	WHEREAS, the University has also developed the required Storm Water Management
26	Plan for the Kingston Campus, which provides guidelines that are being incorporated into
27	new building projects under development and are driving stand-alone storm water infrastructure
28	projects as well; and
29	WHEREAS, the University has successfully completed many extremely important
30	individual utility infrastructure projects in its continuing progression of work to upgrade and
31	replace infrastructure systems within the Kingston Campus but now needs dedicated
32	investments beyond annual capital resources; and
33	WHEREAS, this project is the first phase in a phased implementation plan to upgrade
34	and improve the reliability of the University of Rhode Island’s Kingston campus infrastructure;
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1	and
2	WHEREAS, the utility infrastructure work will be financed through Rhode Island Health
3	and Education Building Corporation revenue bonds, with an expected term of twenty (20) years;
4	and
5	WHEREAS, the total project costs associated with completion of this project and
6	proposed financing method is six million five hundred thousand dollars ($6,500,000),
7	including cost of issuance. Debt service payments would be supported by revenues derived from
8	the University’s unrestricted general revenues. Total debt service on the bonds is not expected to
9	exceed five hundred twenty two thousand dollars ($522,000) annually and ten million four
10	hundred forty thousand dollars ($10,440,000) in the aggregate based on an average interest rate
11	of five (5%) percent; now, therefore be it
12	RESOLVED, that this General Assembly hereby approves financing in an amount not to
13	exceed six million five hundred thousand dollars ($6,500,000) for the Utility Infrastructure
14	Upgrade Phase I project at the University of Rhode Island; and be it further
15	RESOLVED, that, this Joint Resolution shall take effect upon passage by this General
16	Assembly.
17	SECTION 4. University of Rhode Island – Fire Safety & Protection – Auxiliary
18	Enterprise Buildings Phase Two.
19	WHEREAS, the Council on Postsecondary Education and the University of Rhode
20	Island are proposing a project which involves the installation of upgraded fire alarm and sprinkler
21	systems as well as life safety improvements in auxiliary enterprise buildings, in accordance with
22	the State Fire Code; and
23	WHEREAS, the Council on Postsecondary Education and the University have a long
24	standing commitment to the improvement and maintenance of fire safety conditions in all of the
25	buildings under their responsibility; and
26	WHEREAS, the University has already completed extensive fire safety
27	improvements during the Fire Safety & Protection – Auxiliary Enterprise Buildings Phase One;
28	and
29	WHEREAS, the University engaged a qualified fire code compliance engineering firm to
30	examine all of its occupied buildings and the firm has recommended fire safety improvements
31	needed to satisfy the Rhode Island Fire Code; and
32	WHEREAS, there remains fire safety compliance investments, identified by the
33	University's fire compliance engineering firm, in its Auxiliary Enterprise building complement
34	that the University is prepared to advance; and
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1	WHEREAS, the Rhode Island Public Corporation Debt Management Act requires the
2	General Assembly to provide its consent to the issuance or incurring by the State of Rhode
3	Island and other public agencies of certain obligations including financing guarantees or other
4	agreements; and
5	WHEREAS, the design and construction associated with this fire safety compliance
6	work in Auxiliary Enterprise buildings will be financed through the Rhode Island Health and
7	Education Building Corporation (RIHEBC) revenue bonds, with an expected term of twenty
8	(20) years; and
9	WHEREAS, the total project costs associated with completion of the project and
10	proposed financing method is two million three hundred thousand dollars ($2,300,000),
11	including cost of issuance. Debt service payments would be supported by revenues derived from
12	student fees associated with the respective Auxiliary Enterprises of the University of Rhode Island
13	occupying said facilities. Total debt service on the bonds is not expected to exceed one hundred
14	eighty five thousand dollars ($185,000) annually and three million seven hundred thousand
15	dollars ($3,700,000) in the aggregate based on an average interest rate of five (5%) percent; now,
16	therefore be it
17	RESOLVED, that this General Assembly hereby approves financing in an amount
18	not to exceed two million three hundred thousand dollars ($2,300,000) for the fire safety and
19	protection project for the auxiliary enterprise buildings on the University of Rhode Island
20	campus; and be it further
21	RESOLVED, that, this Joint Resolution shall take effect upon passage by this General
22	Assembly.
23	SECTION 5. This Article shall take effect upon passage.
24	ARTICLE 17
25	RELATING TO THE EDWARD O. HAWKINS AND THOMAS C. SLATER MEDICAL
26	MARIJUANA ACT
27	SECTION 1. Sections 21-28.6-3, 21-28.6-4, 21-28.6-5, 21-28.6-6, 21-28.6-7, 21-28.6-8,
28	21-28.6-9, 21-28.6-12, 21-28.6-15, 21-28.6-16, and 21-28.6-17 of the General Laws in Chapter
29	21-28.6 entitled “The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act” are
30	hereby amended as follows:
31	21-28.6-3. Definitions.
32	For the purposes of this chapter:
33	(1) “Acute pain” means the normal, predicted physiological response to a noxious
34	chemical, thermal, or mechanical stimulus and typically is associated with invasive procedures,
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1	trauma, and disease. Acute pain generally is resulting from nociceptor activation due to damage
2	to tissues. Acute pain typically resolves once the tissue damage is repaired. The duration of acute
3	pain varies.
4	(1)(2) "Authorized purchaser" means a natural person who is at least twenty-one (21)
5	years old and who is registered with the department of health holds a registry identification card
6	for the purposes of assisting a qualifying patient in purchasing marijuana from a compassion
7	center. An authorized purchaser may assist no more than one patient, and is prohibited from
8	consuming marijuana obtained for the use of the qualifying patient. An authorized purchaser shall
9	be registered with the department of health division and shall possesses a valid registry
10	identification card.
11	(2)(3) "Cardholder" means a person who has been registered or licensed with the
12	department of health or the department of business regulation pursuant to this chapter and
13	possesses a valid registry identification card or license.
14	(3)(4) "Commercial unit" means a building, office, suite, or room within a commercial or
15	industrial building for use by one business or person and is rented or owned by that business or
16	person.
17	(4)(5)(i) "Compassion center" means a not-for-profit corporation, subject to the
18	provisions of chapter 6 of title 7, and registered under § 21-28.6-12, that acquires, possesses,
19	cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses marijuana, and/or
20	related supplies and educational materials, to patient cardholders and/or their registered caregiver
21	cardholder or authorized purchaser pursuant to regulations promulgated by the department of
22	business regulation.
23	(ii) "Compassion center cardholder" means a principal officer, board member, employee,
24	volunteer, or agent of a compassion center who has registered with the department of health or
25	the department of business regulation and has been issued and possesses a valid, registry
26	identification card.
27	(5)(6) "Debilitating medical condition" means:
28	(i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired
29	immune deficiency syndrome, Hepatitis C, post-traumatic stress disorder, acute pain, or the
30	treatment of these conditions;
31	(ii) A chronic or debilitating disease or medical condition, or its treatment, that produces
32	one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain;
33	severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe
34	and persistent muscle spasms, including but not limited to, those characteristic of multiple
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1	sclerosis or Crohn's disease; or agitation of Alzheimer's Disease; or
2	(iii) Any other medical condition or its treatment approved by the department, as
3	provided for in § 21-28.6-5.
4	(6)(7) "Department of business regulation" means the Rhode Island department of
5	business regulation or its successor agency.
6	(7)(8) "Department of health" means the Rhode Island department of health or its
7	successor agency.
8	(9) “Division” means the marijuana regulation division within the department of business
9	regulation, or its successor division or unit within the department of business regulation.
10	(8)(10) "Department of public safety" means the Rhode Island department of public
11	safety or its successor agency.
12	(9)(11) "Dried, useable marijuana" means the dried leaves and flowers of the marijuana
13	plant as defined by regulations promulgated by the departments of health and business regulation.
14	(10)(12) "Dwelling unit" means the room, or group of rooms, within a dwelling used or
15	intended for use by one family or household, or by no more than three (3) unrelated individuals,
16	for living, sleeping, sanitation, cooking, and eating.
17	(11)(13) "Equivalent amount" means the portion of usable marijuana, be it in extracted,
18	edible, concentrated, or any other form, found to be equal to a portion of dried, usable marijuana,
19	as defined by regulations promulgated by the departments of health and business regulation.
20	(12)(14) "Licensed cultivator" means a person or entity, as identified in § 43-3-6, who
21	has been licensed by the department of business regulation to cultivate marijuana pursuant to §
22	21-28.6-16.
23	(15)“Licensed manufacturer” means a person or entity, as identified in § 43-3-6, who has
24	been licensed by the department of business regulation to manufacture and/or process marijuana
25	products pursuant to § 21-28.6-16.1.
26	(13)(16) "Marijuana" has the meaning given that term in § 21-28-1.02(29).
27	(14)(17) "Mature marijuana plant" means a marijuana plant that has flowers or buds that
28	are readily observable by an unaided visual examination.
29	(18) “Medical marijuana emporium” means any establishment, or club, whether for-profit
30	or nonprofit, or any commercial unit or other premises as further defined through regulations
31	promulgated by the department of business regulation, at which the sale, distribution, transfer or
32	use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or
33	among registered patients, registered caregivers, authorized purchaser cardholders or other
34	persons as further defined through regulations promulgated by the department of business
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1	regulation. This shall not include a compassion center regulated and licensed by the department
2	of business regulation pursuant to the terms of this chapter.
3	(15)(19) "Medical use" means the acquisition, possession, cultivation, manufacture, use,
4	delivery, transfer, or transportation of marijuana or paraphernalia relating to the consumption of
5	marijuana to alleviate a patient cardholder's debilitating medical condition or symptoms
6	associated with the medical condition in accordance with the provisions of this chapter.
7	(20) “Medical marijuana plant tag set” or “plant tag” means any tag, identifier,
8	registration, certificate, or inventory tracking system authorized or issued by the division or
9	which the division requires be used for the lawful possession and cultivation of medical
10	marijuana plants in accordance with this chapter.
11	(21) “Medical marijuana testing laboratory” means a third party analytical testing
12	laboratory licensed by the department of health to collect and test samples of medical marijuana
13	pursuant to regulations promulgated by the department.
14	(16)(22) "Practitioner" means a person who is licensed with authority to prescribe drugs
15	pursuant to chapter 37 of title 5 or a physician licensed with authority to prescribe drugs in
16	Massachusetts or Connecticut, who may provide a qualifying patient with a written certification
17	in accordance with regulations promulgated by the departments of health and business regulation.
18	(17)(23) "Primary caregiver" means a natural person who is at least twenty-one (21) years
19	old. A primary caregiver may assist no more than five (5) qualifying patients with their medical
20	use of marijuana in accordance with regulations promulgated by the department of business
21	regulation.
22	(18)(24) "Qualifying patient" means a person who has been diagnosed by a practitioner as
23	having a debilitating medical condition and is a resident of Rhode Island.
24	(19)(25) "Registry identification card" means a document issued by the department of
25	health or the division that identifies a person as a registered qualifying patient, a registered
26	primary caregiver, or authorized purchaser, or a document issued by the department of business
27	regulation that identifies a person as a registered principal officer, board member, employee,
28	volunteer, or agent of a compassion center, licensed cultivator, manufacturer, testing lab, or any
29	other medical marijuana licensee.
30	(20)(26) “Seedling Immature marijuana plant " means a marijuana plant with no
31	observable flowers or buds.
32	(21)(27) "Unusable marijuana" means marijuana seeds, stalks, seedlings, and unusable
33	roots.
34	(22)(28) "Usable marijuana" means the dried leaves and flowers of the marijuana plant,
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1	and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the
2	plant.
3	(23)(29) "Wet marijuana" means the harvested leaves and flowers of the marijuana plant
4	before they have reached a dry useable state, as defined by regulations promulgated by the
5	departments of health and business regulation.
6	(24)(30) "Written certification" means the qualifying patient's medical records, and a
7	statement signed by a practitioner, stating that, in the practitioner's professional opinion, the
8	potential benefits of the medical use of marijuana would likely outweigh the health risks for the
9	qualifying patient. A written certification shall be made only in the course of a bona fide,
10	practitioner-patient relationship after the practitioner has completed a full assessment of the
11	qualifying patient's medical history. The written certification shall specify the qualifying patient's
12	debilitating medical condition or conditions and include any other information required by
13	regulations promulgated by the department of health which may include the qualifying patient’s
14	medical records.
15	21-28.6-4. Protections for the medical use of marijuana.
16	(a) A qualifying patient cardholder who has in his or her possession a registry
17	identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied
18	any right or privilege, including, but not limited to, civil penalty or disciplinary action by a
19	business or occupational or professional licensing board or bureau, for the medical use of
20	marijuana; provided;
21	(1) Before July 1, 2018, tThe qualifying patient cardholder possesses an amount of
22	marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12) immature
23	marijuana plants that are accompanied by valid medical marijuana tags (provided that if a
24	qualifying patient cardholder has valid medical marijuana tags that were ordered and processed
25	prior to July 1, 2018, and such tags have an expiration date that is on or after July 1, 2018, the
26	plant possession limits set forth in this subsection shall apply to such qualifying patient until the
27	expiration date of the issued tags), two and one-half (2.5) three (3) ounces of dried usable
28	marijuana, or its equivalent amount, and an amount of wet marijuana to be set by regulations
29	promulgated by the departments of health and business regulation. Said plants shall be stored in
30	an indoor facility. Marijuana plants and the marijuana they produce shall be grown, stored,
31	manufactured, and processed in accordance with regulations promulgated by the department of
32	business regulation; and
33	(2) On and after July 1, 2018, a qualifying patient cardholder who has in his or her
34	possession a registry identification card shall not be subject to arrest, prosecution, or penalty in
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1	any manner, or denied any right or privilege, including, but not limited to, civil penalty or
2	disciplinary action by a business or occupational or professional licensing board or bureau, for the
3	medical use of marijuana; provided, that the qualifying patient cardholder possesses an amount of
4	marijuana that does not exceed eight (8) mature marijuana plants and eight (8) immature
5	marijuana plants that are accompanied by valid medical marijuana tags (provided that if a
6	qualifying patient cardholder has valid medical marijuana tags that were ordered and processed
7	prior to July 1, 2018, and such tags have an expiration date that is on or after July 1, 2018, the
8	plant possession limits set forth in subsection (1) above shall apply to such qualifying patient
9	until the expiration date of the issued tags), three (3) ounces of dried usable marijuana, or its
10	equivalent amount, and an amount of wet marijuana to be set by regulations promulgated by the
11	department of business regulation. Said plants shall be stored in an indoor facility. Marijuana
12	plants and the marijuana they produce shall be grown, stored, manufactured, and processed in
13	accordance with regulations promulgated by the department of business regulation.
14	(b) An authorized purchaser who has in his or her possession a registry identification card
15	shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or
16	privilege, including, but not limited to, civil penalty or disciplinary action by a business or
17	occupational or professional licensing board or bureau, for the possession of marijuana; provided
18	that the authorized purchaser possesses an amount of marijuana that does not exceed two and
19	one-half (2.5) three (3) ounces of dried usable marijuana, or its equivalent amount, and this
20	marijuana was purchased legally from a compassion center for the use of their designated
21	qualifying patient.
22	(c) A qualifying patient cardholder, who has in his or her possession a registry
23	identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied
24	any right or privilege, including, but not limited to, civil penalty or disciplinary action by a
25	business or occupational or professional licensing board or bureau, for selling, giving, or
26	distributing, on or before December 31, 2016 to a compassion center cardholder, marijuana of the
27	type, and in an amount not to exceed, that set forth in subsection (a), that he or she has cultivated
28	or manufactured pursuant to this chapter.
29	(d) No school, employer, or landlord may refuse to enroll, employ, or lease to, or
30	otherwise penalize, a person solely for his or her status as a cardholder. Provided, however, due to
31	the safety and welfare concern for other tenants, the property, and the public, as a whole, a
32	landlord may have the discretion not to lease, or continue to lease, to a cardholder who cultivates
33	marijuana in the leased premises.
34	(e) A primary caregiver cardholder, who has in his or her possession a registry
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1	identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied
2	any right or privilege, including, but not limited to, civil penalty or disciplinary action by a
3	business or occupational or professional licensing board or bureau, for assisting a patient
4	cardholder, to whom he or she is connected through the department of health division's
5	registration process, with the medical use of marijuana; provided, that;
6	(1) Before July 1, 2018, the primary caregiver cardholder possesses an amount of
7	marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12) immature
8	marijuana plants that are accompanied by valid medical marijuana tags (provided that if a primary
9	caregiver cardholder has valid medical marijuana tags that were ordered and processed prior to
10	July 1, 2018, and such tags have an expiration date that is on or after July 1, 2018, the plant
11	possession limits set forth in this subsection shall apply to such primary caregiver until the
12	expiration date of the issued tags), two and one-half (2.5) three (3) ounces of dried usable
13	marijuana, or its equivalent amount, and an amount of wet marijuana set in regulations
14	promulgated by the departments of health and business regulation for each qualified patient
15	cardholder to whom he or she is connected through the department of health division's
16	registration process. Said plants shall be stored in an indoor facility. Marijuana plants and the
17	marijuana they produce shall be grown, stored, manufactured, processed, and distributed to
18	qualified patient cardholders in accordance with regulations promulgated by the department of
19	business regulation; and
20	(2) On and after July 1, 2018, the primary caregiver cardholder possesses an amount of
21	marijuana that does not exceed eight (8) mature marijuana plants and eight (8) immature
22	marijuana plants that are accompanied by valid medical marijuana tags (provided that if a primary
23	caregiver cardholder has valid medical marijuana tags that were ordered and processed prior to
24	July 1, 2018, and such tags have an expiration date that is on or after July 1, 2018, the plant
25	possession limits set forth in subsection (1) above shall apply to such primary caregiver until the
26	expiration date of the issued tags), three (3) ounces of dried usable marijuana, or its equivalent
27	amount, and an amount of wet marijuana set in regulations promulgated by the department of
28	business regulation for each qualified patient cardholder to whom he or she is connected through
29	the division's registration process. Said plants shall be stored in an indoor facility. Marijuana
30	plants and the marijuana they produce shall be grown, stored, manufactured, processed, and
31	distributed to qualified patient cardholders in accordance with regulations promulgated by the
32	department of business regulation.
33	(f) A qualifying patient cardholder shall be allowed to possess a reasonable amount of
34	unusable marijuana, including up to twelve (12) seedlings that are accompanied by valid medical
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1	marijuana tags. A primary caregiver cardholder shall be allowed to possess a reasonable amount
2	of unusable marijuana, including up to twenty-four (24) seedlings that are accompanied by valid
3	medical marijuana tags and an amount of wet marijuana set in regulations promulgated by the
4	departments of health and business regulation.
5	(g)(f) There shall exist a presumption that a cardholder is engaged in the medical use of
6	marijuana if the cardholder:
7	(1) Is in possession of a registry identification card; and
8	(2) Is in possession of an amount of marijuana that does not exceed the amount permitted
9	under this chapter. Such presumption may be rebutted by evidence that conduct related to
10	marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical
11	condition or symptoms associated with the medical condition.
12	(h)(g) A primary caregiver cardholder may receive reimbursement for costs associated
13	with assisting a qualifying patient cardholder's medical use of marijuana. Compensation shall not
14	constitute sale of controlled substances. The department of business regulation may promulgate
15	regulations for the documentation and tracking of reimbursements and the transfer of marijuana
16	between caregivers and their registered patients.
17	(i)(h) A primary caregiver cardholder, who has in his or her possession a registry
18	identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied
19	any right or privilege, including, but not limited to, civil penalty or disciplinary action by a
20	business or occupational or professional licensing board or bureau, for selling, giving, or
21	distributing, on or before December 31, 2016 to a compassion center cardholder, marijuana, of
22	the type, and in an amount not to exceed that set forth in subsection (e), if:
23	(1) The primary caregiver cardholder cultivated the marijuana pursuant to this chapter,
24	not to exceed the limits of subsection (e); and
25	(2) Each qualifying patient cardholder the primary caregiver cardholder is connected with
26	through the department of health's registration process has been provided an adequate amount of
27	the marijuana to meet his or her medical needs, not to exceed the limits of subsection (a).
28	(j)(i) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner,
29	or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action
30	by the Rhode Island board of medical licensure and discipline, or by any other business or
31	occupational or professional licensing board or bureau solely for providing written certifications
32	in accordance with this chapter and regulations promulgated hereunder, or for otherwise stating
33	that, in the practitioner's professional opinion, the potential benefits of the medical marijuana
34	would likely outweigh the health risks for a patient.
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1	(k)(j) Any interest in, or right to, property that is possessed, owned, or used in connection
2	with the lawful medical use of marijuana, or acts incidental to such use, shall not be forfeited.
3	(l)(k) No person shall be subject to arrest or prosecution for constructive possession,
4	conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the
5	presence or vicinity of the medical use of marijuana as permitted under this chapter, or for
6	assisting a qualifying patient cardholder with using or administering marijuana.
7	(m)(l) A practitioner, nurse, nurse practitioner, physician's assistant, or pharmacist shall
8	not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege,
9	including, but not limited to, civil penalty or disciplinary action by a business or occupational or
10	professional licensing board or bureau solely for discussing the benefits or health risks of medical
11	marijuana or its interaction with other substances with a patient.
12	(n)(m) A qualifying patient or primary caregiver registry identification card, or its
13	equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia, to
14	permit the medical use of marijuana by a patient with a debilitating medical condition, or to
15	permit a person to assist with the medical use of marijuana by a patient with a debilitating
16	medical condition, shall have the same force and effect as a registry identification card.
17	(o)(n) Notwithstanding the provisions of § 21-28.6-4(e), no primary caregiver cardholder
18	shall;
19	(1) Before July 1, 2018, pPossess an amount of marijuana in excess of twenty-four (24)
20	mature marijuana plants and twenty-four (24) immature marijuana plants that are accompanied by
21	valid medical marijuana tags (provided that if a primary caregiver cardholder has valid medical
22	marijuana tags that were ordered and processed prior to July 1, 2018, and such tags have an
23	expiration date that is on or after July 1, 2018, the plant possession limits set forth in this
24	subsection (1) shall apply to such primary caregiver until the expiration date of the issued tags)
25	and five (5) six (6) ounces of dried usable marijuana, or its equivalent, and an amount of wet
26	marijuana set in regulations promulgated by the departments of health and business regulation for
27	patient cardholders to whom he or she is connected through the department of health division's
28	registration process.
29	(2) On or after July 1, 2018, possess an amount of marijuana in excess of sixteen (16)
30	mature marijuana plants and sixteen (16) immature marijuana plants that are accompanied by
31	valid medical marijuana tags (provided that if a primary caregiver cardholder has valid medical
32	marijuana tags that were ordered and processed prior to July 1, 2018, and such tags have an
33	expiration date that is on or after July 1, 2018, the plant possession limits set forth in subsection
34	(1) above shall apply to such primary caregiver until the expiration date of the issued tags) and
	LC003937 - Page 355 of 402
1	six (6) ounces of dried usable marijuana, or its equivalent, and an amount of wet marijuana set in
2	regulations promulgated by the department of business regulation for patient cardholders to
3	whom he or she is connected through the division 's registration process.
4	(o) Notwithstanding any other provision of this chapter, a qualifying patient whose
5	written certification specifies that their debilitating medical condition is acute pain shall:
6	(1) Be issued a patient registration card which shall be valid for a period of time
7	determined by the recommending practitioner and noted on the written certification in accordance
8	with regulations promulgated by the department of health and which shall expire no later than six
9	(6) months after issuance.
10	(2) Not be eligible to obtain medical marijuana grow tags nor have the protections to
11	grow, cultivate, manufacture, or process marijuana unless they have also been issued a valid
12	primary caregiver registration card.
13	(3) Only lawfully obtain marijuana and marijuana products from a licensed Compassion
14	Center.
15	(4) Not be eligible to appoint or register with a primary caregiver.
16	(p) A qualifying patient or primary caregiver cardholder may give marijuana to another
17	qualifying patient or primary caregiver cardholder to whom they are not connected by the
18	department's registration process, provided that no consideration is paid for the marijuana, and
19	that the recipient does not exceed the limits specified in § 21-28.6-4.
20	(q)(p) Qualifying patient cardholders and primary caregiver cardholders electing to grow
21	marijuana shall only grow at one premises, and this premises shall be registered with the division
22	department of health. Except for compassion centers, cooperative cultivations, and licensed
23	cultivators, no more than twenty-four (24) sixteen (16) mature marijuana plants and sixteen (16)
24	immature marijuana plants that are accompanied by valid medical marijuana tags shall be grown
25	or otherwise located at any one dwelling unit or commercial unit (provided that if a qualifying
26	patient cardholder or a primary caregiver cardholder has valid medical marijuana tags for the
27	plants grown at such registered premises that were ordered and processed prior to July 1, 2018,
28	and such tags have an expiration date that is on or after July 1, 2018, the plant possession limit of
29	twenty-four (24) mature marijuana plants and twenty-four (24) immature marijuana plants shall
30	apply to such qualifying patient or primary caregiver until the expiration date of the issued tags).
31	The number of qualifying patients or primary caregivers residing, owning, renting, growing, or
32	otherwise operating at a dwelling or commercial unit does not affect this limit. The department of
33	health business regulation shall promulgate regulations to enforce this provision.
34	(r)(q) For the purposes of medical care, including organ transplants, a patient cardholder's
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1	authorized use of marijuana shall be considered the equivalent of the authorized use of any other
2	medication used at the direction of a physician, and shall not constitute the use of an illicit
3	substance.
4	(s)(r) Notwithstanding any other provisions of the general laws, the manufacture of
5	marijuana using a solvent extraction process that includes the use of a compressed, flammable gas
6	as a solvent by a patient cardholder or primary caregiver cardholder shall not be subject to the
7	protections of this chapter.
8	21-28.6-5. Departments of health and business regulation to issue regulations.
9	(a) Not later than ninety (90) days after the effective date of this chapter, the department
10	of health shall promulgate regulations governing the manner in which it shall consider petitions
11	from the public to add debilitating medical conditions to those included in this chapter. In
12	considering such petitions, the department of health shall include public notice of, and an
13	opportunity to comment in a public hearing, upon such petitions. The department of health shall,
14	after hearing, approve or deny such petitions within one hundred eighty (180) days of submission.
15	The approval or denial of such a petition shall be considered a final department of health action,
16	subject to judicial review. Jurisdiction and venue for judicial review are vested in the superior
17	court. The denial of a petition shall not disqualify qualifying patients with that condition, if they
18	have a debilitating medical condition as defined in § 21-28.6-3(5 6). The denial of a petition shall
19	not prevent a person with the denied condition from raising an affirmative defense.
20	(b) Not later than ninety (90) days after the effective date of this chapter, the department
21	of health shall promulgate regulations governing the manner in which it shall consider
22	applications for, and renewals of, registry identification cards for qualifying patients, primary
23	caregivers, and authorized purchasers. The department of health's regulations shall establish
24	application and renewal fees that generate revenues sufficient to offset all expenses of
25	implementing and administering this chapter. The department of health may vary the application
26	and renewal fees along a sliding scale that accounts for a qualifying patient's or caregiver's
27	income. The department of health may accept donations from private sources in order to reduce
28	the application and renewal fees.
29	(c) Not later than October 1, 2018, the department of business regulation shall
30	promulgate regulations governing the manner in which it shall consider applications for, and
31	renewals of, registry identification cards for, primary caregivers, and authorized purchasers. The
32	division’s regulations shall establish application and renewal fees. The department of business
33	regulation may vary the application and renewal fees along a sliding scale that accounts for a
34	qualifying patient's or caregiver's income. The department of business regulation may accept
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1	donations from private sources in order to reduce the application and renewal fees.
2	21-28.6-6. Administration of department of health and business regulation
3	regulations.
4	(a) The department of health shall issue registry identification cards to qualifying patients
5	who submit the following, in accordance with the department's regulations:. Applications shall
6	include but not be limited to:
7	(1) Written certification as defined in § 21-28.6-3(24 30) of this chapter;
8	(2) Application or renewal fee;
9	(3) Name, address, and date of birth of the qualifying patient; provided, however, that if
10	the patient is homeless, no address is required;
11	(4) Name, address, and telephone number of the qualifying patient's practitioner;
12	(5) Whether the patient elects to grow medical marijuana plants for himself or herself;
13	and
14	(6) Name, address, and date of birth of one primary caregiver of the qualifying patient
15	and one any authorized purchasers for the qualifying patient, if any is chosen by the patient or
16	allowed in accordance with regulations promulgated by the department of business regulation.
17	(b) The department of health shall not issue a registry identification card to a qualifying
18	patient under the age of eighteen (18) unless:
19	(1) The qualifying patient's practitioner has explained the potential risks and benefits of
20	the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having
21	legal custody of the qualifying patient; and
22	(2) A parent, guardian, or person having legal custody consents in writing to:
23	(i) Allow the qualifying patient's medical use of marijuana;
24	(ii) Serve as the qualifying patient's primary caregiver or authorized purchaser; and
25	(iii) Control the acquisition of the marijuana, the dosage, and the frequency of the
26	medical use of marijuana by the qualifying patient.
27	(c) The department of health shall renew registry identification cards to qualifying
28	patients in accordance with regulations promulgated by the department of health.
29	(d) The department of health shall not issue a registry identification card to a qualifying
30	patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen
31	(18).
32	(c)(e) The department of health shall verify the information contained in an application or
33	renewal submitted pursuant to this section, and shall approve or deny an application or renewal
34	within thirty-five (35) days of receiving it. The department may deny an application or renewal
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1	only if the applicant did not provide the information required pursuant to this section, or if the
2	department determines that the information provided was falsified, or if the renewing patient has
3	violated this chapter under their previous registration. Rejection of an application or renewal is
4	considered a final department action, subject to judicial review. Jurisdiction and venue for
5	judicial review are vested in the superior court.
6	(d)(f) If the qualifying patient's practitioner notifies the department in a written statement
7	that the qualifying patient is eligible for hospice care or chemotherapy, the department of health
8	and department of business regulation shall give priority to these applications when verifying the
9	information in accordance with subsection (c)(e) . Effective January 1, 2017, the department of
10	health shall approve or deny and issue a registry identification card to these qualifying patients,
11	primary caregivers and authorized purchasers within five (5) days seventy-two (72) hours of
12	receipt of an the completed application. The departments shall not charge a registration fee to the
13	patient, caregivers or authorized purchasers named in the application. The department of health
14	may identify through regulation a list of other conditions qualifying a patient for expedited
15	application processing.
16	(e)(g) The department of health shall division may issue or renew a registry identification
17	card to the qualifying patient cardholder's primary caregiver or authorized purchaser(s), if any,
18	who is named in the qualifying patient's approved application provided the qualifying patient is
19	eligible to appoint a primary caregiver or authorized purchaser(s) pursuant to regulations
20	promulgated by the division and the caregiver or authorized purchaser applicant has submitted all
21	necessary application or renewal materials and fees pursuant to regulations promulgated by the
22	department of business regulation. The division shall verify the information contained in
23	applications and renewal forms submitted pursuant to this chapter prior to issuing any registry
24	identification card. The department of business regulation may deny an application or renewal
25	only if the applicant or appointing patient did not provide the information required pursuant to
26	this section, or if the department determines that the information provided was falsified, or if the
27	applicant or appointing patient has violated this chapter under their previous registration.
28	Rejection of an application or renewal is considered a final department action, subject to judicial
29	review. Jurisdiction and venue for judicial review are vested in the superior court.
30	(1) Any qualifying patient who elects to grow medical marijuana for themselves shall not
31	be allowed to appoint a caregiver unless said qualifying patient is able to demonstrate the
32	necessity of appointing a caregiver in accordance with regulations promulgated by the department
33	of business regulation.
34	(2) A primary caregiver shall only be registered with and assist one patient cardholder
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1	with their medical use of marijuana except as allowed in subdivision (g)(3) of this section.
2	(3) A primary caregiver may be registered with and assist more than one patient
3	cardholder with their medical use of marijuana provided that any additional patient is an
4	immediate family member of the primary caregiver or is able to demonstrate the necessity of
5	appointing the caregiver in accordance with regulations promulgated by the department of
6	business regulation.
7	(1)(4) A primary caregiver applicant or an authorized purchaser applicant shall apply to
8	the bureau of criminal identification of the department of attorney general, department of public
9	safety division of state police, or local police department for a national criminal records check
10	that shall include fingerprints submitted to the Federal Bureau of Investigation. Upon the
11	discovery of any disqualifying information as defined in subdivision (e)(4) (g)(8), and in
12	accordance with the rules promulgated by the director, the bureau of criminal identification of the
13	department of attorney general, department of public safety division of state police, or the local
14	police department shall inform the applicant, in writing, of the nature of the disqualifying
15	information; and, without disclosing the nature of the disqualifying information, shall notify the
16	department division, in writing, that disqualifying information has been discovered.
17	(2)(5) In those situations in which no disqualifying information has been found, the
18	bureau of criminal identification of the department of attorney general, department of public
19	safety division of state police, or the local police shall inform the applicant and the department
20	division in writing, of this fact.
21	(3)(6) The department of health division shall maintain on file evidence that a criminal
22	records check has been initiated on all applicants seeking a primary caregiver registry
23	identification card or an authorized purchaser registry identification card and the results of the
24	checks. The primary caregiver cardholder shall not be required to apply for a national criminal
25	records check for each patient he or she is connected to through the department's registration
26	process, provided that he or she has applied for a national criminal records check within the
27	previous two (2) years in accordance with this chapter. The department division shall not require
28	a primary caregiver cardholder or an authorized purchaser cardholder to apply for a national
29	criminal records check more than once every two (2) years.
30	(7) Notwithstanding any other provision of this chapter, the division may revoke or refuse
31	to issue any class or type of registry identification card or license if it determines that failing to do
32	so would conflict with any federal guidance intended to help states, businesses, or other
33	institutions avoid federal intervention or enforcement. This provision shall not be construed to
34	prohibit the overall implementation and administration of this chapter on account of the federal
	LC003937 - Page 360 of 402
1	classification of marijuana as a class I substance or any other federal prohibitions or restrictions.
2	(4)(8) Information produced by a national criminal records check pertaining to a
3	conviction for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled
4	Substances Act"), murder, manslaughter, rape, first-degree sexual assault, second-degree sexual
5	assault, first-degree child molestation, second-degree child molestation, kidnapping, first-degree
6	arson, second-degree arson, mayhem, robbery, burglary, breaking and entering, assault with a
7	dangerous weapon, assault or battery involving grave bodily injury, and/or assault with intent to
8	commit any offense punishable as a felony or a similar offense from any other jurisdiction shall
9	result in a letter to the applicant and the department of health division disqualifying the applicant.
10	If disqualifying information has been found, the department division may use its discretion to
11	issue a primary caregiver registry identification card or an authorized purchaser registry
12	identification card if the applicant's connected patient is an immediate family member and the
13	card is restricted to that patient only.
14	(5)(9) The primary caregiver or authorized purchaser applicant shall be responsible for
15	any expense associated with the national criminal records check.
16	(6)(10) For purposes of this section, "conviction" means, in addition to judgments of
17	conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances
18	where the defendant has entered a plea of nolo contendere and has received a sentence of
19	probation and those instances where a defendant has entered into a deferred sentence agreement
20	with the attorney general.
21	(f )(h) On or before December 31, 2016, the department of health shall issue registry
22	identification cards within five (5) business days of approving an application or renewal that shall
23	expire two (2) years after the date of issuance.
24	(ii) Effective January 1, 2017, and thereafter, the department of health or the division, as
25	applicable, shall issue registry identification cards within five (5) business days of approving an
26	application or renewal that shall expire one year after the date of issuance.
27	(iii) Registry identification cards shall contain:
28	(1) The date of issuance and expiration date of the registry identification card;
29	(2) A random registry identification number;
30	(3) A photograph; and
31	(4) Any additional information as required by regulation or the department of health or
32	business regulation.
33	(g)(i) Persons issued registry identification cards by the department of health or division
34	shall be subject to the following:
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1	(1) A qualifying patient cardholder shall notify the department of health of any change in
2	his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to
3	have his or her debilitating medical condition, within ten (10) days of such change.
4	(2) A qualifying patient cardholder who fails to notify the department of health of any of
5	these changes is responsible for a civil infraction, punishable by a fine of no more than one
6	hundred fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating
7	medical condition, the card shall be deemed null and void and the person shall be liable for any
8	other penalties that may apply to the person's nonmedical use of marijuana.
9	(3) A primary caregiver cardholder or authorized purchaser shall notify the department of
10	health division of any change in his or her name or address within ten (10) days of such change.
11	A primary caregiver cardholder or authorized purchaser who fails to notify the department
12	division of any of these changes is responsible for a civil infraction, punishable by a fine of no
13	more than one hundred fifty dollars ($150).
14	(4) When a qualifying patient cardholder or primary caregiver cardholder notifies the
15	department of health or division of any changes listed in this subsection, the department of health
16	or division shall issue the qualifying patient cardholder and each primary caregiver cardholder a
17	new registry identification card within ten (10) days of receiving the updated information and a
18	ten-dollar ($10.00) fee.
19	(5) When a qualifying patient cardholder changes his or her primary caregiver or
20	authorized purchaser, the department of health division shall notify the primary caregiver
21	cardholder or authorized purchaser within ten (10) days. The primary caregiver cardholder's
22	protections as provided in this chapter as to that patient shall expire ten (10) days after
23	notification by the department division. If the primary caregiver cardholder or authorized
24	purchaser is connected to no other qualifying patient cardholders in the program, he or she must
25	return his or her registry identification card to the department division.
26	(6) If a cardholder or authorized purchaser loses his or her registry identification card, he
27	or she shall notify the department of health or division that issued the card and submit a ten-dollar
28	($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department of health
29	or division shall issue a new registry identification card with new random identification number.
30	(7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her
31	registration with regard to the growing of medical marijuana for himself or herself, he or she shall
32	notify the department division prior to the purchase of medical marijuana tags or the growing of
33	medical marijuana plants.
34	(8) If a cardholder or authorized purchaser willfully violates any provision of this chapter
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1	as determined by the department of health or the division, his or her registry identification card
2	may be revoked.
3	(h)(j) Possession of, or application for, a registry identification card shall not constitute
4	probable cause or reasonable suspicion, nor shall it be used to support the search of the person or
5	property of the person possessing or applying for the registry identification card, or otherwise
6	subject the person or property of the person to inspection by any governmental agency.
7	(i)(k)(1) Applications and supporting information submitted by qualifying patients,
8	including information regarding their primary caregivers, authorized purchaser, and practitioners,
9	are confidential and protected under in accordance with the federal Health Insurance Portability
10	and Accountability Act of 1996, and shall be exempt from the provisions of chapter 2 of title 38
11	et seq. (Rhode Island access to public records act) and not subject to disclosure, except to
12	authorized employees of the departments of health and business regulation as necessary to
13	perform official duties of the departments, and pursuant to subsection (j)(l) and (m).
14	(2) The application for qualifying patient's registry identification card shall include a
15	question asking whether the patient would like the department of health to notify him or her of
16	any clinical studies about marijuana's risk or efficacy. The department of health shall inform
17	those patients who answer in the affirmative of any such studies it is notified of, that will be
18	conducted in Rhode Island. The department of health may also notify those patients of medical
19	studies conducted outside of Rhode Island.
20	(3) The department of health and the division shall maintain a confidential list of the
21	persons to whom the department of health or division has issued registry identification cards.
22	Individual names and other identifying information on the list shall be confidential, exempt from
23	the provisions of Rhode Island access to public information, chapter 2 of title 38, and not subject
24	to disclosure, except to authorized employees of the departments of health and business
25	regulation as necessary to perform official duties of the departments and pursuant to subsections
26	(l) and (m).
27	(j)(l) Notwithstanding subsections (i)(k) and (m), the departments of health and business
28	regulation shall may verify to law enforcement personnel whether a registry identification card is
29	valid or whether a cardholder is compliant with the provisions of this chapter and the regulations
30	promulgated hereunder. solely by confirming the random registry identification number or name.
31	This verification may occur through the use of a shared database, provided that any medical
32	records or confidential information in this database related to a cardholder’s specific medical
33	condition is protected in accordance with subdivision (i)(k)(1).
34	(k)(m) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a
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1	one thousand dollar ($1,000) fine, for any person, including an employee or official of the
2	departments of health, business regulation, public safety, or another state agency or local
3	government, to breach the confidentiality of information obtained pursuant to this chapter.
4	Notwithstanding this provision, the department of health and department of business regulation
5	employees may notify law enforcement about falsified or fraudulent information submitted to the
6	department or violations of this chapter.
7	(l)(m) On or before the fifteenth day of the month following the end of each quarter of
8	the fiscal year, the department of health and the division shall report to the governor, the speaker
9	of the House of Representatives, and the president of the senate on applications for the use of
10	marijuana for symptom relief. The report shall provide:
11	(1) The number of applications for registration as a qualifying patient, primary caregiver,
12	or authorized purchaser that have been made to the department of health and the division during
13	the preceding quarter, the number of qualifying patients, primary caregivers, and authorized
14	purchasers approved, the nature of the debilitating medical conditions of the qualifying patients,
15	the number of registrations revoked, and the number and specializations, if any, of practitioners
16	providing written certification for qualifying patients.
17	(m)(n) On or before September 30 of each year, the department of health and the division
18	shall report to the governor, the speaker of the House of Representatives, and the president of the
19	senate on the use of marijuana for symptom relief. The report shall provide:
20	(1) The total number of applications for registration as a qualifying patient, primary
21	caregiver, or authorized purchaser that have been made to the department of health and the
22	division, the number of qualifying patients, primary caregivers, and authorized purchasers
23	approved, the nature of the debilitating medical conditions of the qualifying patients, the number
24	of registrations revoked, and the number and specializations, if any, of practitioners providing
25	written certification for qualifying patients;
26	(2) The number of active qualifying patient, primary caregiver, and authorized purchaser
27	registrations as of June 30 of the preceding fiscal year;
28	(3) An evaluation of the costs permitting the use of marijuana for symptom relief,
29	including any costs to law enforcement agencies and costs of any litigation;
30	(4) Statistics regarding the number of marijuana-related prosecutions against registered
31	patients and caregivers, and an analysis of the facts underlying those prosecutions;
32	(5) Statistics regarding the number of prosecutions against physicians for violations of
33	this chapter; and
34	(6) Whether the United States Food and Drug Administration has altered its position
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1	regarding the use of marijuana for medical purposes or has approved alternative delivery systems
2	for marijuana.
3	21-28.6-7. Scope of chapter.
4	(a) This chapter shall not permit:
5	(1) Any person to undertake any task under the influence of marijuana, when doing so
6	would constitute negligence or professional malpractice;
7	(2) The smoking of marijuana:
8	(i) In a school bus or other form of public transportation;
9	(ii) On any school grounds;
10	(iii) In any correctional facility;
11	(iv) In any public place;
12	(v) In any licensed drug treatment facility in this state; or
13	(vi) Where exposure to the marijuana smoke significantly adversely affects the health,
14	safety, or welfare of children.
15	(3) Any person to operate, navigate, or be in actual physical control of any motor vehicle,
16	aircraft, or motorboat while under the influence of marijuana. However, a registered qualifying
17	patient shall not be considered to be under the influence solely for having marijuana metabolites
18	in his or her system.
19	(4) Any person to operate a medical marijuana emporium, and the operation of a medical
20	marijuana emporium is prohibited in this state.
21	(b) Nothing in this chapter shall be construed to require:
22	(1) A government medical assistance program or private health insurer to reimburse a
23	person for costs associated with the medical use of marijuana; or
24	(2) An employer to accommodate the medical use of marijuana in any workplace.
25	(c) Fraudulent representation to a law enforcement official of any fact or circumstance
26	relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a
27	fine of five hundred dollars ($500) which shall be in addition to any other penalties that may
28	apply for making a false statement for the nonmedical use of marijuana.
29	21-28.6-8. Affirmative defense and dismissal.
30	(a) Except as provided in § 21-28.6-7, a qualifying patient may assert the medical
31	purpose for using marijuana as a defense to any prosecution involving marijuana, and such
32	defense shall be presumed valid where the evidence shows that:
33	(1) The qualifying patient's practitioner has stated that, in the practitioner's professional
34	opinion, after having completed a full assessment of the person's medical history and current
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1	medical condition made in the course of a bona fide practitioner-patient relationship, the potential
2	benefits of using marijuana for medical purposes would likely outweigh the health risks for the
3	qualifying patient; and
4	(2) The qualifying patient was compliant with this chapter and all regulations
5	promulgated hereunder and in possession of a quantity of marijuana that was not more than what
6	is permitted under this chapter to ensure the uninterrupted availability of marijuana for the
7	purpose of alleviating the person's medical condition or symptoms associated with the medical
8	condition.
9	(b) A person may assert the medical purpose for using marijuana in a motion to dismiss,
10	and the charges shall be dismissed following an evidentiary hearing where the defendant shows
11	the elements listed in subsection (a) of this section.
12	(c) Any interest in, or right to, property that was possessed, owned, or used in connection
13	with a qualifying patient's use of marijuana for medical purposes shall not be forfeited if the
14	qualifying patient demonstrates the qualifying patient's medical purpose for using marijuana
15	pursuant to this section.
16	21-28.6-9. Enforcement.
17	(a) If the department of health fails to adopt regulations to implement this chapter within
18	one hundred twenty (120) days of the effective date of this act, a qualifying patient may
19	commence an action in a court of competent jurisdiction to compel the department to perform the
20	actions mandated pursuant to the provisions of this chapter.
21	(b) If the department of health or the department of business regulation fails to issue a
22	valid registry identification card in response to a valid application submitted pursuant to this
23	chapter within thirty-five (35) days of its submission, the registry identification card shall be
24	deemed granted and a copy of the registry identification application shall be deemed a valid
25	registry identification card.
26	(c) The department of health and the department of business regulation shall revoke and
27	shall not reissue, the registry identification card of any cardholder or licensee who is convicted of;
28	placed on probation; whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo
29	contendere; or whose case is deferred pursuant to § 12-19-19 where the defendant pleads nolo
30	contendere for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled
31	Substances Act") or a similar offense from any other jurisdiction.
32	(d) If a cardholder exceeds the possession limits set forth in §§ 21-28.6-4 or 21-28.6-14,
33	or is in violation of any other section of this chapter or the regulations promulgated hereunder he
34	or she shall be subject to arrest and prosecution under chapter 28 of title 21 ("Rhode Island
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1	Controlled Substances Act").
2	(e) (1) Notwithstanding any other provison of this chapter, if the department of business
3	regulation has reason to believe that any person or entity has in the course of medical marijuana
4	cultivation, manufacturing, and/or distribution violated any provision of chapter 21-28.6 under
5	the department’s jurisdiction or violated any rule or regulation promulgated thereunder, including
6	but not limited to engaging in operations or other activity that requires a medical marijuana
7	license without obtaining the appropriate license, and the department finds that public health,
8	safety, or welfare imperatively requires emergency action, and incorporates a finding to that
9	effect in its order, the department may issue an immediate compliance order listing the violation
10	and ordering the person or entity to cease and desist from the violation and/or otherwise remedy
11	the public health, safety, or welfare threat presented by the violation. If a person or entity that is
12	the subject of an immediate compliance order contests the order by requesting a hearing, the order
13	shall remain in effect pending administrative proceedings, which shall be promptly instituted and
14	determined. Orders issued under this section shall be enforceable in the Superior Court for
15	Providence County.
16	(2) In addition its authority to issue immediate compliance orders under section § 21-
17	28.6-9(e)(1), the department of business regulation may issue an order to show cause to any
18	person or entity for whom/which the department has reason to believe has in the course of
19	medical marijuana cultivation, manufacturing, and/or distribution violated any provision of
20	chapter 21-28.6 under the department’s jurisdiction or violated any rule or regulation
21	promulgated thereunder, including but not limited to engaging in operations or other activity that
22	requires a medical marijuana license without obtaining the appropriate license, ordering that
23	person or entity to appear before the department at a hearing to show cause why the department
24	should not issue an order to that person or entity to cease and desist from the violation and/or
25	otherwise remedy the violation. By decision after hearing pursuant to this subsection (e)(2),
26	approved by the director, the department may issue a permanent order to cease and desist.
27	21-28.6-12. Compassion centers.
28	(a)A compassion center registered under this section may acquire, possess, cultivate,
29	manufacture, deliver, transfer, transport, supply, or dispense marijuana, or related supplies and
30	educational materials, to registered qualifying patients and their registered primary caregivers or
31	authorized purchasers. Except as specifically provided to the contrary, all provisions of the
32	Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, §§ 21-28.6-1 – 21-28.6-11,
33	apply to a compassion center unless they conflict with a provision contained in § 21-28.6-12.
34	(b) Registration of compassion centers–authority of the departments of health and
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1	business regulation:
2	(1) Not later than ninety (90) days after the effective date of this chapter, the department
3	of health shall promulgate regulations governing the manner in which it shall consider
4	applications for registration certificates for compassion centers, including regulations governing:
5	(i) The form and content of registration and renewal applications;
6	(ii) Minimum oversight requirements for compassion centers;
7	(iii) Minimum record-keeping requirements for compassion centers;
8	(iv) Minimum security requirements for compassion centers; and
9	(v) Procedures for suspending, revoking, or terminating the registration of compassion
10	centers that violate the provisions of this section or the regulations promulgated pursuant to this
11	subsection.
12	(2) Within ninety (90) days of the effective date of this chapter, the department of health
13	shall begin accepting applications for the operation of a single compassion center.
14	(3) Within one hundred fifty (150) days of the effective date of this chapter, the
15	department of health shall provide for at least one public hearing on the granting of an application
16	to a single compassion center.
17	(4) Within one hundred ninety (190) days of the effective date of this chapter, the
18	department of health shall grant a single registration certificate to a single compassion center,
19	providing at least one applicant has applied who meets the requirements of this chapter.
20	(5) If at any time after fifteen (15) months after the effective date of this chapter, there is
21	no operational compassion center in Rhode Island, the department of health shall accept
22	applications, provide for input from the public, and issue a registration certificate for a
23	compassion center if a qualified applicant exists.
24	(6) Within two (2) years of the effective date of this chapter, the department of health
25	shall begin accepting applications to provide registration certificates for two (2) additional
26	compassion centers. The department shall solicit input from the public, and issue registration
27	certificates if qualified applicants exist.
28	(7)(i) Any time a compassion center registration certificate is revoked, is relinquished, or
29	expires on or before December 31, 2016, the department of health shall accept applications for a
30	new compassion center.
31	(ii) Any time a compassion center registration certificate is revoked, is relinquished, or
32	expires on or after January 1, 2017, the department of business regulation shall accept
33	applications for a new compassion center.
34	(8) If at any time after three (3) years after the effective date of this chapter and on or
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1	before December 31, 2016, fewer than three (3) compassion centers are holding valid registration
2	certificates in Rhode Island, the department of health shall accept applications for a new
3	compassion center. If at any time on or after January 1, 20178, fewer than three (3) fifteen (15)
4	compassion centers are holding valid registration certificates in Rhode Island, the department of
5	business regulation shall accept applications for a new compassion center. No more than three (3)
6	compassion centers may hold valid registration certificates at one time.
7	(9) Any compassion center application selected for approval by the department of health
8	on or before December 31, 2016, or selected for approval by the department of business
9	regulation on or after January 1, 2017, shall remain in full force and effect, notwithstanding any
10	provisions of this chapter to the contrary, and shall be subject to state law adopted herein and
11	rules and regulations adopted by the departments of health and business regulation subsequent to
12	passage of this legislation.
13	(c) Compassion center and agent applications and registration:
14	(1) Each application for a compassion center shall include be submitted in accordance
15	with regulations promulgated by the department of business regulation and shall include but not
16	be limited to:
17	(i) A non-refundable application fee paid to the department in the amount of two hundred
18	fifty dollars ($250) ten thousand dollars ($10,000);
19	(ii) The proposed legal name and proposed articles of incorporation of the compassion
20	center;
21	(iii) The proposed physical address of the compassion center, if a precise address has
22	been determined, or, if not, the general location where it would be located. This may include a
23	second location for the cultivation of medical marijuana;
24	(iv) A description of the enclosed, locked facility that would be used in the cultivation of
25	marijuana;
26	(v) The name, address, and date of birth of each principal officer and board member of
27	the compassion center;
28	(vi)(v) Proposed security and safety measures that shall include at least one security
29	alarm system for each location, planned measures to deter and prevent the unauthorized entrance
30	into areas containing marijuana and the theft of marijuana, as well as a draft, employee-
31	instruction manual including security policies, safety and security procedures, personal safety,
32	and crime-prevention techniques; and
33	(vii)(vi) Proposed procedures to ensure accurate record keeping;
34	(2)(i) For applications submitted on or before December 31, 2016, any time one or more
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1	compassion center registration applications are being considered, the department of health shall
2	also allow for comment by the public and shall solicit input from registered qualifying patients,
3	registered primary caregivers; and the towns or cities where the applicants would be located;
4	(ii) For applications submitted on or after January 1, 2017, any time one or more
5	compassion center registration applications are being considered, the department of business
6	regulation shall also allow for comment by the public and shall solicit input from registered
7	qualifying patients, registered primary caregivers; and the towns or cities where the applicants
8	would be located.
9	(3) Each time a new compassion center certificate registration is granted issued, the
10	decision shall be based upon the overall health needs of qualified patients and the safety of the
11	public, including, but not limited to, the following factors:
12	(i) Convenience to patients from underserved areas throughout the state of Rhode Island.
13	to the compassion centers if the applicant were approved;
14	(ii) The applicant's ability to provide a steady supply to the registered qualifying patients
15	in the state;
16	(iii) The applicant's experience running a non-profit or business;
17	(iv) The interests of qualifying patients regarding which applicant be granted a
18	registration certificate;
19	(v) The interests of the city or town where the dispensary would be located;
20	(vi) The sufficiency of the applicant's plans for record keeping and security, which
21	records shall be considered confidential health-care information under Rhode Island law and are
22	intended to be deemed protected health-care information for purposes of the Federal Health
23	Insurance Portability and Accountability Act of 1996, as amended; and
24	(vii) The sufficiency of the applicant's plans for safety and security, including proposed
25	location, security devices employed, and staffing;
26	(4) A compassion center approved by the department of health on or before December
27	31, 2016, shall submit the following to the department before it may begin operations:
28	(i) A fee paid to the department in the amount of five thousand dollars ($5,000);
29	(ii) The legal name and articles of incorporation of the compassion center;
30	(iii) The physical address of the compassion center; this may include a second address for
31	the secure cultivation of marijuana;
32	(iv) The name, address, and date of birth of each principal officer and board member of
33	the compassion center; and
34	(v) The name, address, and date of birth of any person who will be an agent of, employee,
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1	or volunteer of the compassion center at its inception.
2	(5) A compassion center approved or renewed by the department of business regulation
3	on or after January 1, 2017, shall submit materials pursuant to regulations promulgated by the
4	department of business regulation the following to the department before it may begin operations
5	which shall include but not be limited to:
6	(i) A fee paid to the department in the amount of five thirty thousand dollars ($530,000);
7	(ii) The legal name and articles of incorporation of the compassion center;
8	(iii) The physical address of the compassion center; this may include a second address for
9	the secure cultivation of marijuana
10	(iv) The name, address, and date of birth of each principal officer and board member of
11	the compassion center;
12	(v) The name, address, and date of birth of any person who will be an agent of, employee,
13	or volunteer of the compassion center at its inception.
14	(6) Except as provided in subdivision (7), the department of health or the department of
15	business regulation shall issue each principal officer, board member, agent, volunteer, and
16	employee of a compassion center a registry identification card or renewal card after receipt of the
17	person's name, address, date of birth; a fee in an amount established by the department of health
18	or the department of business regulation; and notification to the department of health or the
19	department of business regulation by the department of public safety division of state police,
20	attorney general’s office, or local law enforcement that the registry identification card applicant
21	has not been convicted of a felony drug offense or has not entered a plea of nolo contendere for a
22	felony drug offense and received a sentence of probation. Each card shall specify that the
23	cardholder is a principal officer, board member, agent, volunteer, or employee of a compassion
24	center and shall contain the following:
25	(i) The name, address, and date of birth of the principal officer, board member, agent,
26	volunteer, or employee;
27	(ii) The legal name of the compassion center to which the principal officer, board
28	member, agent, volunteer, or employee is affiliated;
29	(iii) A random identification number that is unique to the cardholder;
30	(iv) The date of issuance and expiration date of the registry identification card; and
31	(v) A photograph, if the department of health or the department of business regulation
32	decides to require one; and
33	(vi) Any other information or card classification that the department of business
34	regulation requires.
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1	(7) Except as provided in this subsection, neither the department of health nor the
2	department of business regulation shall issue a registry identification card to any principal officer,
3	board member, agent, volunteer, or employee of a compassion center who has been convicted of a
4	felony drug offense or has entered a plea of nolo contendere for a felony drug offense and
5	received a sentence of probation. If a registry identification card is denied, the compassion center
6	will be notified in writing of the purpose for denying the registry identification card. A registry
7	identification card may be granted if the offense was for conduct that occurred prior to the
8	enactment of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act or that was
9	prosecuted by an authority other than the state of Rhode Island and for which the Edward O.
10	Hawkins and Thomas C. Slater Medical Marijuana Act would otherwise have prevented a
11	conviction.
12	(i) All registry identification card applicants shall apply to the department of public safety
13	division of state police, the attorney general’s office, or local law enforcement for a national
14	criminal identification records check that shall include fingerprints submitted to the federal
15	bureau of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo
16	contendere for a felony drug offense with a sentence of probation, and in accordance with the
17	rules promulgated by the department of health and the department of business regulation, the
18	department of public safety division of state police, the attorney general’s office, or local law
19	enforcement shall inform the applicant, in writing, of the nature of the felony and the department
20	of public safety division of state police shall notify the department of health or the department of
21	business regulation, in writing, without disclosing the nature of the felony, that a felony drug
22	offense conviction or a plea of nolo contendere for a felony drug offense with probation has been
23	found.
24	(ii) In those situations in which no felony drug offense conviction or plea of nolo
25	contendere for a felony drug offense with probation has been found, the department of public
26	safety division of state police, the attorney general’s office, or local law enforcement shall inform
27	the applicant and the department of health or the department of business regulation, in writing, of
28	this fact.
29	(iii) All registry identification card applicants shall be responsible for any expense
30	associated with the criminal background check with fingerprints.
31	(8) A registry identification card of a principal officer, board member, agent, volunteer,
32	or employee, or any other designation required by the division shall expire one year after its
33	issuance, or upon the expiration of the registered organization's registration certificate, or upon
34	the termination of the principal officer, board member, agent, volunteer or employee's
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1	relationship with the compassion center, whichever occurs first.
2	(9) A compassion center cardholder shall notify and request approval from the
3	department of business regulation of any change in his or her name or address within ten (10)
4	days of such change. A compassion center cardholder who fails to notify the department of
5	business regulation of any of these changes is responsible for a civil infraction, punishable by a
6	fine of no more than one hundred fifty dollars ($150).
7	(10) When a compassion center cardholder notifies the department of health or the
8	department of business regulation of any changes listed in this subsection, the department shall
9	issue the cardholder a new registry identification card within ten (10) days of receiving the
10	updated information and a ten-dollar ($10.00) fee.
11	(11) If a compassion center cardholder loses his or her registry identification card, he or
12	she shall notify the department of health or the department of business regulation and submit a ten
13	dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department
14	shall issue a new registry identification card with new random identification number.
15	(12) On or before December 31, 2016, a compassion center cardholder shall notify the
16	department of health of any disqualifying criminal convictions as defined in subdivision (c)(7).
17	The department of health may choose to suspend and/or revoke his or her registry identification
18	card after such notification.
19	(13) On or after January 1, 2017, a compassion center cardholder shall notify the
20	department of business regulation of any disqualifying criminal convictions as defined in
21	subdivision (c)(7). The department of business regulation may choose to suspend and/or revoke
22	his or her registry identification card after such notification.
23	(14) If a compassion center cardholder violates any provision of this chapter or
24	regulations promulgated hereunder as determined by the departments of health and business
25	regulation, his or her registry identification card may be suspended and/or revoked.
26	(d) Expiration or termination of compassion center:
27	(1) On or before December 31, 2016, a compassion center's registration shall expire two
28	(2) years after its registration certificate is issued. On or after January 1, 2017, a compassion
29	center's registration shall expire one year after its registration certificate is issued. The
30	compassion center may submit a renewal application beginning sixty (60) days prior to the
31	expiration of its registration certificate;
32	(2) The department of health or the department of business regulation shall grant a
33	compassion center's renewal application within thirty (30) days of its submission if the following
34	conditions are all satisfied:
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1	(i) The compassion center submits the materials required under subdivisions (c)(4) and
2	(c)(5), including a five thirty thousand dollar ($530,000) fee;
3	(ii) The compassion center's registration has never been suspended for violations of this
4	chapter or regulations issued pursuant to this chapter; and
5	(iii) The department of health and the department of business regulation find that the
6	compassion center is adequately providing patients with access to medical marijuana at
7	reasonable rates;
8	(3) If the department of health or the department of business regulation determines that
9	any of the conditions listed in paragraphs (d)(2)(i) – (iii) have not been met, the department shall
10	may begin an open application process for the operation of a compassion center. In granting a
11	new registration certificate, the department of health or the department of business regulation
12	shall consider factors listed in subdivision (c)(3);
13	(4) The department of health or the department of business regulation shall issue a
14	compassion center one or more thirty-day (30) temporary registration certificates after that
15	compassion center's registration would otherwise expire if the following conditions are all
16	satisfied:
17	(i) The compassion center previously applied for a renewal, but the department had not
18	yet come to a decision;
19	(ii) The compassion center requested a temporary registration certificate; and
20	(iii) The compassion center has not had its registration certificate suspended or revoked
21	due to violations of this chapter or regulations issued pursuant to this chapter.
22	(5) A compassion center's registry identification card shall be subject to revocation if the
23	compassion center:
24	(i) Possesses an amount of marijuana exceeding the limits established by this chapter;
25	(ii) Is in violation of the laws of this state;
26	(iii) Is in violation of other departmental regulations; or
27	(iv) Employs or enters into a business relationship with a medical practitioner who
28	provides written certification of a qualifying patient's medical condition.
29	(e) Inspection Compassion centers are subject to reasonable inspection by the department
30	of health, division of facilities regulation and the department of business regulation. During an
31	inspection, the departments may review the compassion center's confidential records, including
32	its dispensing records, which shall track transactions according to qualifying patients' registry
33	identification numbers to protect their confidentiality.
34	(f) Compassion center requirements:
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1	(1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit
2	of its patients. A compassion center need not be recognized as a tax-exempt organization by the
3	Internal Revenue Service; . A compassion center shall be subject to regulations promulgated by
4	the department of business regulation for general operations and record keeping which shall
5	include but not be limited to:
6	(i) Minimum security and surveillance requirements;
7	(ii) Minimum requirements for workplace safety and sanitation;
8	(iii) Minimum requirements for product safety and testing;
9	(iv) Minimum requirements for inventory tracking and monitoring;
10	(v) Minimum requirements for the secure transport and transfer of medical marijuana;
11	(vi) Minimum requirements to address odor mitigation;
12	(vii) Minimum requirements for product packaging and labeling;
13	(vii) Minimum requirements for advertising;
14	(ix) Minimum requirements for the testing and destruction of marijuana. Wherever
15	destruction of medical marijuana and medical marijuana product is required to bring a person or
16	entity into compliance with any provision of chapter 21-28.6, any rule or regulation promulgated
17	thereunder, or any administrative order issued in accordance therewith, the director of the
18	department of business regulation may designate his or her employees or agents to facilitate said
19	destruction.
20	(x) If a compassion center violates this chapter, or any regulation thereunder, and the
21	department of business regulation determines that violation does not pose an immediate threat to
22	public health or public safety, the compassion center shall pay to the department of business
23	regulation a fine of no less than five-hundred dollars ($500).
24	(xi) If a compassion center violates this chapter, or any regulation promulgated
25	hereunder, and the department of business regulation determines that violation poses an
26	immediate threat to public health or public safety, the compassion center shall pay to the
27	department of business regulation a fine of no less than two-thousand dollars ($2,000) and the
28	department shall be entitled to pursue any other enforcement action provided for under this
29	chapter and the regulations.
30	(2) A compassion center may not be located within one thousand feet (1000') of the
31	property line of a preexisting public or private school;
32	(3) On or before December 31, 2016, a compassion center shall notify the department of
33	health within ten (10) days of when a principal officer, board member, agent, volunteer, or
34	employee ceases to work at the compassion center. On or after January 1, 2017, a compassion
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1	center shall notify the department of business regulation within ten (10) days of when a principal
2	officer, board member, agent, volunteer, or employee ceases to work at the compassion center.
3	His or her card shall be deemed null and void and the person shall be liable for any penalties that
4	may apply to any nonmedical possession or use of marijuana by the person;
5	(4)(i) On or before December 31, 2016, a compassion center shall notify the department
6	of health in writing of the name, address, and date of birth of any new principal officer, board
7	member, agent, volunteer or employee and shall submit a fee in an amount established by the
8	department for a new registry identification card before that person begins his or her relationship
9	with the compassion center;
10	(ii) On or after January 1, 2017, a compassion center shall notify the department of
11	business regulation, in writing, of the name, address, and date of birth of any new principal
12	officer, board member, agent, volunteer, or employee and shall submit a fee in an amount
13	established by the department of business regulation for a new registry identification card before
14	that person begins his or her relationship with the compassion center;
15	(5) A compassion center shall implement appropriate security measures to deter and
16	prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and
17	shall insure that each location has an operational security alarm system. Each compassion center
18	shall request that the department of public safety division of state police visit the compassion
19	center to inspect the security of the facility and make any recommendations regarding the security
20	of the facility and its personnel within ten (10) days prior to the initial opening of each
21	compassion center. Said recommendations shall not be binding upon any compassion center, nor
22	shall the lack of implementation of said recommendations delay or prevent the opening or
23	operation of any center. If the department of public safety division of state police does not inspect
24	the compassion center within the ten-day (10) period, there shall be no delay in the compassion
25	center's opening.
26	(6) The operating documents of a compassion center shall include procedures for the
27	oversight of the compassion center and procedures to ensure accurate record keeping.
28	(7) A compassion center is prohibited from acquiring, possessing, cultivating,
29	manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any
30	purpose except to assist registered qualifying patients with the medical use of marijuana directly
31	or through the qualifying patient's primary caregiver or authorized purchaser.
32	(8) All principal officers and board members of a compassion center must be residents of
33	the state of Rhode Island.
34	(9) Each time a new, registered, qualifying patient visits a compassion center, it shall
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1	provide the patient with a frequently asked questions sheet, designed by the department, that
2	explains the limitations on the right to use medical marijuana under state law.
3	(10) Effective July 1, 2017, each compassion center shall be subject to any regulations
4	promulgated by the departments of health and business regulation that specify how usable
5	marijuana must be tested for items included but not limited to cannabinoid profile and
6	contaminants.
7	(11) Effective January 1, 2017, each compassion center shall be subject to any product
8	labeling requirements promulgated by the department of business regulation.
9	(12) Each compassion center shall develop, implement, and maintain on the premises
10	employee, volunteer, and agent policies and procedures to address the following requirements:
11	(i) A job description or employment contract developed for all employees and agents, and
12	a volunteer agreement for all volunteers, that includes duties, authority, responsibilities,
13	qualifications, and supervision; and
14	(ii) Training in, and adherence to, state confidentiality laws.
15	(13) Each compassion center shall maintain a personnel record for each employee, agent,
16	and volunteer that includes an application and a record of any disciplinary action taken.
17	(14) Each compassion center shall develop, implement, and maintain on the premises an
18	on-site training curriculum, or enter into contractual relationships with outside resources capable
19	of meeting employee training needs, that includes, but is not limited to, the following topics:
20	(i) Professional conduct, ethics, and patient confidentiality; and
21	(ii) Informational developments in the field of medical use of marijuana.
22	(15) Each compassion center entity shall provide each employee, agent, and volunteer, at
23	the time of his or her initial appointment, training in the following:
24	(i) The proper use of security measures and controls that have been adopted; and
25	(ii) Specific procedural instructions on how to respond to an emergency, including
26	robbery or violent accident.
27	(16) All compassion centers shall prepare training documentation for each employee and
28	volunteer and have employees and volunteers sign a statement indicating the date, time, and place
29	the employee and volunteer received said training and topics discussed, to include name and title
30	of presenters. The compassion center shall maintain documentation of an employee's and a
31	volunteer's training for a period of at least six (6) months after termination of an employee's
32	employment or the volunteer's volunteering.
33	(g) Maximum amount of usable marijuana to be dispensed:
34	(1) A compassion center or principal officer, board member, agent, volunteer, or
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1	employee of a compassion center may not dispense more than two and one-half (2.5) three (3 oz.)
2	of dried usable marijuana, or its equivalent, to a qualifying patient directly or through a qualifying
3	patient's primary caregiver or authorized purchaser during a fifteen-day (15) period;
4	(2) A compassion center or principal officer, board member, agent, volunteer, or
5	employee of a compassion center may not dispense an amount of usable marijuana, or its
6	equivalent, seedlings, or mature marijuana plants, to a qualifying patient, a qualifying patient's
7	primary caregiver, or a qualifying patient's authorized purchaser that the compassion center,
8	principal officer, board member, agent, volunteer, or employee knows would cause the recipient
9	to possess more marijuana than is permitted under the Edward O. Hawkins and Thomas C. Slater
10	Medical Marijuana Act.
11	(3) Compassion centers shall utilize a database administered by the departments of health
12	and business regulation. The database shall contains all compassion centers' transactions
13	according to qualifying patients', authorized purchasers', and primary caregivers', registry
14	identification numbers to protect the confidentiality of patient personal and medical information.
15	Compassion centers will not have access to any applications or supporting information submitted
16	by qualifying patients, authorized purchasers or primary caregivers. Before dispensing marijuana
17	to any patient or authorized purchaser, the compassion center must utilize the database to ensure
18	that a qualifying patient is not dispensed more than two and one-half (2.5) three (3) ounces of
19	dried usable marijuana or its equivalent directly or through the qualifying patient's primary
20	caregiver or authorized purchaser during a fifteen-day (15) period.
21	(h) Immunity:
22	(1) No registered compassion center shall be subject to prosecution; search, except by the
23	departments pursuant to subsection (e); seizure; or penalty in any manner, or denied any right or
24	privilege, including, but not limited to, civil penalty or disciplinary action by a business,
25	occupational, or professional licensing board or entity, solely for acting in accordance with this
26	section to assist registered qualifying patients.
27	(2) No registered compassion center shall be subject to prosecution, seizure, or penalty in
28	any manner, or denied any right or privilege, including, but not limited to, civil penalty or
29	disciplinary action, by a business, occupational, or professional licensing board or entity, for
30	selling, giving, or distributing marijuana in whatever form, and within the limits established by,
31	the department of health or the department of business regulation to another registered
32	compassion center.
33	(3) No principal officers, board members, agents, volunteers, or employees of a registered
34	compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any
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1	manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary
2	action by a business, occupational, or professional licensing board or entity, solely for working
3	for or with a compassion center to engage in acts permitted by this section.
4	(4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or
5	denied any right or privilege, including, but not limited to, civil penalty, disciplinary action,
6	termination, or loss of employee or pension benefits, for any and all conduct that occurs within
7	the scope of his or her employment regarding the administration, execution and/or enforcement of
8	this act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.
9	(i) Prohibitions:
10	(1) A compassion center must limit its inventory of seedlings, plants, and usable
11	marijuana to reflect the projected needs of qualifying patients; (i) A compassion center may not
12	cultivate marijuana or manufacture or process marijuana products pursuant to its compassion
13	center registration, provided that cultivation, processing and manufacture may be conducted
14	under a cultivator license or a manufacturer license which has been issued to the compassion
15	center by the department of business regulation pursuant to regulations promulgated by the
16	department.
17	(ii) A compassion center which was approved by the department of health or renewed by
18	the department of business regulation prior to July 1, 2018 may also hold a cultivator license and
19	a manufacturer license and shall be issued said license or licenses in accordance with regulations
20	promulgated by the department of business regulation, provided that the class or classes of said
21	cultivator license and manufacturer license shall correspond to the size of any growing,
22	manufacturing, or processing facility or facilities which were in operation or were approved prior
23	to July 1, 2018.
24	(iii) A compassion center which is approved by the department of health or renewed by
25	the department of business regulation after July 1, 2018 may also hold a cultivator license and a
26	manufacturer license in accordance with regulations promulgated by the department of business
27	regulation, provided the class or classes of said cultivator license and manufacturer license shall
28	correspond to the size of any growing, manufacturing, or processing facility or facilities which
29	were in operation or were approved prior to July 1, 2018.
30	(2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a
31	person other than a qualifying patient cardholder or to such patient's primary caregiver or
32	authorized purchaser;
33	(3) A person found to have violated paragraph (2) of this subsection may not be an
34	employee, agent, volunteer, principal officer, or board member of any compassion center;
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1	(4) An employee, agent, volunteer, principal officer or board member of any compassion
2	center found in violation of paragraph (2) shall have his or her registry identification revoked
3	immediately; and
4	(5) No person who has been convicted of a felony drug offense or has entered a plea of
5	nolo contendere for a felony drug offense with a sentence or probation may be the principal
6	officer, board member, agent, volunteer, or employee of a compassion center unless the
7	department has determined that the person's conviction was for the medical use of marijuana or
8	assisting with the medical use of marijuana in accordance with the terms and conditions of this
9	chapter. A person who is employed by or is an agent, volunteer, principal officer, or board
10	member of a compassion center in violation of this section is guilty of a civil violation punishable
11	by a fine of up to one thousand dollars ($1,000). A subsequent violation of this section is a
12	misdemeanor.
13	(j) Legislative oversight committee:
14	(1) The general assembly shall appoint a nine-member (9) oversight committee
15	comprised of: one member of the house of representatives; one member of the senate; one
16	physician to be selected from a list provided by the Rhode Island medical society; one nurse to be
17	selected from a list provided by the Rhode Island state nurses association; two (2) registered
18	qualifying patients; one registered primary caregiver; one patient advocate to be selected from a
19	list provided by the Rhode Island patient advocacy coalition; and the superintendent of the
20	department of public safety, or his/her designee.
21	(2) The oversight committee shall meet at least six (6) times per year for the purpose of
22	evaluating and making recommendations to the general assembly regarding:
23	(i) Patients' access to medical marijuana;
24	(ii) Efficacy of compassion centers;
25	(iii) Physician participation in the Medical Marijuana Program;
26	(iv) The definition of qualifying medical condition; and
27	(v) Research studies regarding health effects of medical marijuana for patients.
28	(3) On or before January 1 of every even numbered year, the oversight committee shall
29	report to the general assembly on its findings.
30	21-28.6-15. Medical Marijuana Plant Tags.
31	(a) Effective January 1, 2017, the department of business regulation shall make medical
32	marijuana tag sets available for purchase. Effective April 1, 2017, every marijuana plant, either
33	mature or seedling immature, grown by a registered patient or primary caregiver must be
34	accompanied by a physical medical marijuana tag purchased through the department of business
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1	regulation and issued by the department of health division to qualifying patients and primary
2	caregivers or by the department of business regulation to licensed cultivators.
3	(1) The department of business regulation shall charge an annual fee for each medical
4	marijuana tag set which shall include one tag for a mature medical marijuana plant and one tag
5	for a seedling an immature plant. If the required fee has not been paid, those medical marijuana
6	tags shall be considered expired and invalid. The fee established by the department of business
7	regulation shall be in accordance with the following requirements:
8	(i) For patient cardholders authorized to grow medical marijuana by the department of
9	health division, the fee per tag set shall not exceed twenty-five dollars ($25);
10	(ii) For primary caregivers, the fee per tag set shall not exceed twenty-five dollars ($25);
11	(iii) For patients that qualify for reduced-registration due to income or disability status,
12	there shall be no fee per tag set;
13	(iv) For caregivers who provide care for a patient cardholder who qualifies for reduced-
14	registration due to income or disability status, there shall be no fee per tag set for such qualifying
15	patient; and
16	(v) For licensed cultivators, the fee per tag set shall be established in regulations
17	promulgated by the department of business regulation.
18	(2) Effective January 1, 2017, the department of business regulation shall verify with the
19	department of health that all medical marijuana tag purchases are made by qualifying patient
20	cardholders or primary caregiver cardholders. The department of health shall provide this
21	verification according to qualifying patients' and primary caregivers’ registry identification
22	numbers and without providing access to any applications or supporting information submitted by
23	qualifying patients to protect patient confidentiality;
24	(3) Effective January 1, 2019 and thereafter, the department of business regulation shall
25	verify with the department of health that all medical marijuana tag purchases are made by
26	registered patient cardholders who have notified the department of health or the division of their
27	election to grow medical marijuana or primary caregiver cardholders. The department of health
28	shall provide this verification according to qualifying patients' and primary caregivers’ registry
29	identification numbers and without providing access to any applications or supporting
30	information submitted by qualifying patients to protect patient confidentiality;
31	(4) The department of business regulation shall maintain information pertaining to
32	medical marijuana tags and shall share that information with the department of health.
33	(5) All primary caregivers shall purchase at least one medical marijuana tag set for each
34	patient under their care and all patients growing medical marijuana for themselves shall purchase
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1	at least one medical marijuana tag set.
2	(6) All licensed cultivators shall purchase at least one medical marijuana tag set or utilize
3	a seed to sale tracking system in accordance with regulations promulgated by the department of
4	business regulation.
5	(7) The departments of business regulation and health shall jointly promulgate
6	regulations to establish a process by which medical marijuana tags may be returned to either
7	department. The department of business regulation may choose to reimburse a portion or the
8	entire amount of any fees paid for medical marijuana tags that are subsequently returned.
9	(b) Enforcement:
10	(1) If a patient cardholder, primary caregiver cardholder or licensed cultivator violates
11	any provision of this chapter or the regulations promulgated hereunder as determined by the
12	departments of business regulation and health, his or her medical marijuana tags may be revoked.
13	In addition, the department that issued the cardholder’s registration or the license may revoke the
14	cardholder’s registration or license pursuant to §21-28.6-9.
15	(2) The department of business regulation may revoke and not reissue, pursuant to
16	regulations, medical marijuana tags to any cardholder or licensee who is convicted of; placed on
17	probation; whose case is filed pursuant to §12-10-12 where the defendant pleads nolo contendere;
18	or whose case is deferred pursuant to §12-19-19 where the defendant pleads nolo contendere for
19	any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act") or a
20	similar offense from any other jurisdiction.
21	(3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation
22	or licensed cultivator is found to have mature marijuana plants without valid medical marijuana
23	tags sets or which are not tracked in accordance with regulation, the department or health or
24	department of business regulation division shall impose an administrative penalty on the patient
25	cardholder, primary caregiver cardholder, licensed cooperative cultivation or licensed cultivator
26	for each untagged mature marijuana plant not in excess of the limits set forth in §21-28.6-4, §21-
27	28.6-14 and §21-28.6-16 of no more than the total fee that would be paid by a cardholder or
28	licensee who purchased medical marijuana tags for such plants in compliance with this chapter.
29	(4) If a patient cardholder, primary caregiver cardholder, or licensed cooperative
30	cultivation is found to have mature marijuana plants exceeding the limits set forth in §21-28.6-4,
31	§21-28.6-14, and §21-28.6-16 in addition to any penalties that may be imposed pursuant to §21
32	28.6-9, the department of health or department of business regulation may impose an
33	administrative penalty on that cardholder or license holder for each mature marijuana plant in
34	excess of the applicable statutory limit of no less than the total fee that would be paid by a
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1	cardholder who purchased medical marijuana tags for such plants in compliance with this chapter.
2	21-28.6-16. Licensed cultivators.
3	(a) A licensed cultivator licensed under this section may acquire, possess, cultivate,
4	deliver, or transfer marijuana to licensed compassion centers or to a licensed manufacturer. A
5	licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative
6	cultivation license. Except as specifically provided to the contrary, all provisions of the Edward
7	O. Hawkins and Thomas C. Slater Medical Marijuana Act, §§ 21-28.6-1 – 21-28.6-15, apply to a
8	licensed cultivator unless they conflict with a provision contained in § 21-28.6-16.
9	(b) Licensing of cultivators – Department of business regulation authority. The
10	department of business regulation shall promulgate regulations governing the manner in which it
11	shall consider applications for the licensing of cultivators, including regulations governing:
12	(1) The form and content of licensing and renewal applications;
13	(2) Minimum oversight requirements for licensed cultivators;
14	(3) Minimum record-keeping requirements for cultivators;
15	(4) Minimum security requirements for cultivators; and
16	(5) Procedures for suspending, revoking, or terminating the license of cultivators that
17	violate the provisions of this section or the regulations promulgated pursuant to this subsection.
18	(c) A licensed cultivator license issued by the department of business regulation shall
19	expire one year after it was issued and the licensed cultivator may apply for renewal with the
20	department in accordance with its regulations pertaining to licensed cultivators.
21	(d) The department of business regulation shall promulgate regulations that govern how
22	many marijuana plants, how many marijuana seedlings mature and immature, how much wet
23	marijuana, and how much usable marijuana a licensed cultivator may possess. Every marijuana
24	plant possessed by a licensed cultivator must be accompanied by valid medical marijuana tag
25	issued by the department of business regulation pursuant to § 21-28.6-15 or catalogued in a seed
26	to sale inventory tracking system in accordance with regulations promulgated by the department
27	of business regulation. Each cultivator must purchase at least one medical marijuana tag or in
28	order to remain a licensed cultivator.
29	(e) Cultivators shall only sell marijuana to compassion centers or a licensed
30	manufacturer. All marijuana possessed by a cultivator in excess of the possession limit
31	established pursuant to subsection (d) shall be under formal agreement to be purchased by a
32	compassion center or by a licensed manufacturer. If such excess marijuana is not under formal
33	agreement to be purchased, the cultivator will have a period of time, specified in regulations
34	promulgated by the department of business regulation, to sell or destroy that excess marijuana.
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1	The department may suspend and/or revoke the cultivator's license and the license of any officer,
2	director, employee, or agent of such cultivator and/or impose an administrative penalty in
3	accordance with such regulations promulgated by the department for any violation of this section
4	or the regulations. In addition, any violation of this section or the regulations promulgated
5	pursuant to this subsection and subsection (d) shall cause a licensed cultivator to lose the
6	protections described in subsection (m) and may subject the licensed cultivator to arrest and
7	prosecution under Chapter 28 of title 21 (the Rhode Island Controlled Substances Act).
8	(f) Cultivators shall be subject to any regulations promulgated by the department of
9	health or department of business regulation that specify how marijuana must be tested for items,
10	including, but not limited to, potency, cannabinoid profile, and contaminants;
11	(g) Cultivators shall be subject to any product labeling requirements promulgated by the
12	department of business regulation and the department of health;
13	(h) Notwithstanding any other provisions of the general laws, the manufacture of
14	marijuana using a solvent extraction process that includes the use of a compressed, flammable gas
15	as a solvent by a licensed cultivator shall not be subject to the protections of this chapter.
16	(i) Cultivators shall only be licensed to grow, marijuana at a single location, registered
17	with the department of business regulation and the department of public safety unless the
18	cultivator’s license is held by a compassion center which was approved by the department of
19	health or renewed by the department of business regulation prior to July 1, 2018. The department
20	of business regulation may promulgate regulations governing where cultivators are allowed to
21	grow. Cultivators must abide by all local ordinances, including zoning ordinances.
22	(j) Inspection Cultivators shall be subject to reasonable inspection by the department of
23	business regulation or the department of health for the purposes of enforcing regulations
24	promulgated pursuant to this chapter and all applicable Rhode Island general laws.
25	(k) The cultivator applicant shall apply to the bureau of criminal identification of the
26	department of attorney general, department of public safety division of state police, or local
27	police department for a national criminal records check that shall include fingerprints submitted
28	to the Federal Bureau of Investigation. Upon the discovery of any disqualifying information as
29	defined in subdivision (k)(2), and in accordance with the rules promulgated by the director of the
30	department of business regulation, the bureau of criminal identification of the department of
31	attorney general, department of public safety division of state police, or the local police
32	department shall inform the applicant, in writing, of the nature of the disqualifying information;
33	and, without disclosing the nature of the disqualifying information, shall notify the department of
34	business regulation, in writing, that disqualifying information has been discovered.
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1	(1) In those situations in which no disqualifying information has been found, the bureau
2	of criminal identification of the department of attorney general, department of public safety
3	division of state police, or the local police department shall inform the applicant and the
4	department of business regulation, in writing, of this fact.
5	(2) Information produced by a national criminal records check pertaining to a conviction
6	for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a
7	sentence of probation shall result in a letter to the applicant and the department of business
8	regulation disqualifying the applicant.
9	(3) The cultivator applicant shall be responsible for any expense associated with the
10	national criminal records check.
11	(l) Persons issued cultivator licenses shall be subject to the following:
12	(1) A licensed cultivator cardholder shall notify and request approval from the
13	department of business regulation of any change in his or her name or address within ten (10)
14	days of such change. A cultivator cardholder who fails to notify the department of business
15	regulation of any of these changes is responsible for a civil infraction, punishable by a fine of no
16	more than one hundred fifty dollars ($150).
17	(2) When a licensed cultivator cardholder notifies the department of business regulation
18	of any changes listed in this subsection, the department of business regulation shall issue the
19	cultivator cardholder a new license registry identification card after the department approves the
20	changes and receives from the licensee payment of a fee specified in regulation.
21	(3) If a licensed cultivator cardholder loses his or her license card, he or she shall notify
22	the department of business regulation and submit a fee specified in regulation within ten (10)
23	days of losing the license card. The department of business regulation shall issue a new license
24	card with a new random identification number.
25	(4) A licensed cultivator cardholder shall notify the department of business regulation of
26	any disqualifying criminal convictions as defined in subdivision (k)(2). The department of
27	business regulation may choose to suspend and/or revoke his or her license card after such
28	notification.
29	(5) If a licensed cultivator or cultivator cardholder violates any provision of this chapter
30	or regulations promulgated hereunder as determined by the department of business regulation, his
31	or her card and the issued license may be suspended and/or revoked.
32	(m) Immunity:
33	(1) No licensed cultivator shall be subject to prosecution; search, except by the
34	departments pursuant to subsection (j); seizure; or penalty in any manner, or denied any right or
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1	privilege, including, but not limited to, civil penalty or disciplinary action by a business,
2	occupational, or professional licensing board or entity, solely for acting in accordance with this
3	section to assist registered qualifying;
4	(2) No licensed cultivator shall be subject to prosecution, seizure, or penalty in any
5	manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary
6	action by a business, occupational, or professional licensing board or entity, for selling, giving, or
7	distributing marijuana in whatever form and within the limits established by the department of
8	business regulation to a licensed manufacturer or registered compassion center;
9	(3) No principal officers, board members, agents, volunteers, or employees of a licensed
10	cultivator shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, or
11	denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a
12	business, occupational, or professional licensing board or entity, solely for working for or with a
13	licensed cultivator to engage in acts permitted by this section.
14	(4) No state employee shall be subject to arrest, prosecution, or penalty in any manner, or
15	denied any right or privilege, including, but not limited to, civil penalty, disciplinary action,
16	termination, or loss of employee or pension benefits, for any and all conduct that occurs within
17	the scope of his or her employment regarding the administration, execution, and/or enforcement
18	of this act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.
19	21-28.6-17. Revenue.
20	(a) Effective July 1, 2016, all fees collected by the departments of health and business
21	regulation from applicants, registered patients, primary caregivers, authorized purchasers,
22	licensed cultivators, licensed manufacturers, cooperative cultivations, compassion centers, other
23	licensees licensed pursuant to this chapter, and compassion-center and other registry
24	identification cardholders shall be placed in restricted-receipt accounts to support the state's
25	medical marijuana program, including but not limited to, payment of expenses incurred by the
26	departments of health and business regulation for the administration of the program.
27	(b) All revenues remaining in the restricted-receipt accounts after payments specified in
28	subsection (a) of this section shall first be paid to cover any existing deficit in the department of
29	health's restricted-receipt account or the department of business regulation's restricted-receipt
30	account. These transfers shall be made annually on the last business day of the fiscal year.
31	(c) All revenues remaining in the restricted-receipt accounts after payments specified in
32	subsections (a) and (b) shall be paid into the state's general fund. These payments shall be made
33	annually on the last business day of the fiscal year.
34	SECTION 2. Chapter 21-28.6 of the General Laws entitled “The Edward O. Hawkins and
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1	Thomas C. Slater Medical Marijuana Act” are hereby amended by adding thereto the following
2	sections:
3	21-28.6-16.1. Licensed manufacturers.
4	(a) A marijuana manufacturer licensed under this section may acquire marijuana from
5	licensed cultivators or compassion centers. A licensed manufacturer may possess, manufacture, or
6	process marijuana into marijuana products in accordance with regulations promulgated by the
7	department of business regulation. A licensed manufacturer may deliver, or transfer marijuana
8	products to licensed compassion centers or another licensed manufacturer in accordance with
9	regulations promulgated by the department of business regulation. A licensed manufacturer shall
10	not be a primary caregiver cardholder and shall not hold a cooperative cultivation license. A
11	licensed manufacturer shall not grow, cultivate, sell, or dispense medical marijuana unless the
12	licensed manufacturer has also been issued a cultivator license or compassion center registration
13	pursuant to regulations promulgated by the department of business regulation. The department of
14	business regulation may restrict the number, types, and classes of medical marijuana licenses an
15	applicant may be issued through regulations promulgated by the department. Except as
16	specifically provided to the contrary, all provisions of the Edward O. Hawkins and Thomas C.
17	Slater Medical Marijuana Act, §§ 21-28.6-1 – 21-28.6-15, apply to a licensed manufacturer
18	unless they conflict with a provision contained in § 21-28.6-16.1.
19	(b) Licensing of manufacturers – Department of business regulation authority. The
20	department of business regulation shall promulgate regulations governing the manner in which it
21	shall consider applications for the licensing of manufacturers, including but not limited to
22	regulations governing:
23	(1) The form and content of licensing and renewal applications;
24	(2) Minimum oversight requirements for licensed manufacturers;
25	(3) Minimum record-keeping requirements for manufacturers;
26	(4) Minimum security requirements for manufacturers; and
27	(5) Procedures for suspending, revoking, or terminating the license of manufacturers that
28	violate the provisions of this section or the regulations promulgated pursuant to this subsection.
29	(6) Applicable application and license fees.
30	(c) A manufacturer license issued by the department of business regulation shall expire
31	one year after it was issued and the licensed manufacturer may apply for renewal with the
32	department in accordance with its regulations pertaining to licensed manufacturers.
33	(d) The department of business regulation may promulgate regulations that govern how
34	much marijuana a licensed manufacturer may possess. All marijuana possessed by a licensed
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1	manufacturer must be catalogued in a seed to sale inventory tracking system in accordance with
2	regulations promulgated by the department of business regulation.
3	(e) Manufacturers shall only sell manufactured marijuana products to compassion centers
4	or another licensed manufacturer. The department may suspend and/or revoke the manufacturer's
5	license and the license of any officer, director, employee, or agent of such manufacturer and/or
6	impose an administrative penalty in accordance with such regulations promulgated by the
7	department for any violation of this section or the regulations. In addition, any violation of this
8	section or the regulations promulgated pursuant to this subsection and subsection (d) shall cause a
9	licensed manufacturer to lose the protections described in subsection (m) and may subject the
10	licensed manufacturer to arrest and prosecution under Chapter 28 of title 21 (the Rhode Island
11	Controlled Substances Act).
12	(f) manufacturers shall be subject to any regulations promulgated by the department of
13	health or department of business regulation that specify how marijuana must be tested for items,
14	including, but not limited to, potency, cannabinoid profile, and contaminants;
15	(g) manufacturers shall be subject to any product labeling requirements promulgated by
16	the department of business regulation and the department of health;
17	(i) manufacturers shall only be licensed to manufacture marijuana at a single location,
18	registered with the department of business regulation and the department of public safety unless
19	the manufacturer license is held by a compassion center which was approved by the department
20	of health or renewed by the department of business regulation prior to July 1, 2018. The
21	department of business regulation may promulgate regulations governing where manufacturers
22	are allowed to grow. Manufacturers must abide by all local ordinances, including zoning
23	ordinances.
24	(j) Inspection. Manufacturers shall be subject to reasonable inspection by the department
25	of business regulation or the department of health for the purposes of enforcing regulations
26	promulgated pursuant to this chapter and all applicable Rhode Island general laws.
27	(k) The manufacturer applicant shall apply to the bureau of criminal identification of the
28	department of attorney general, department of public safety division of state police, or local
29	police department for a national criminal records check that shall include fingerprints submitted
30	to the Federal Bureau of Investigation. Upon the discovery of any disqualifying information as
31	defined in subdivision (k)(2), and in accordance with the rules promulgated by the director of the
32	department of business regulation, the bureau of criminal identification of the department of
33	attorney general, department of public safety division of state police, or the local police
34	department shall inform the applicant, in writing, of the nature of the disqualifying information;
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1	and, without disclosing the nature of the disqualifying information, shall notify the department of
2	business regulation, in writing, that disqualifying information has been discovered.
3	(1) In those situations in which no disqualifying information has been found, the bureau
4	of criminal identification of the department of attorney general, department of public safety
5	division of state police, or the local police department shall inform the applicant and the
6	department of business regulation, in writing, of this fact.
7	(2) Information produced by a national criminal records check pertaining to a conviction
8	for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a
9	sentence of probation shall result in a letter to the applicant and the department of business
10	regulation disqualifying the applicant.
11	(3) The manufacturer applicant shall be responsible for any expense associated with the
12	national criminal records check.
13	(l) Persons issued manufacturer licenses or registration card shall be subject to the
14	following:
15	(1) A licensed manufacturer cardholder shall notify and request approval from the
16	department of business regulation of any change in his or her name or address within ten (10)
17	days of such change. A manufacturer cardholder who fails to notify the department of business
18	regulation of any of these changes is responsible for a civil infraction, punishable by a fine of no
19	more than one hundred fifty dollars ($150).
20	(2) When a licensed manufacturer cardholder notifies the department of business
21	regulation of any changes listed in this subsection, the department of business regulation shall
22	issue the manufacturer cardholder a new license or registry identification card after the
23	department approves the changes and receives from the licensee payment of a fee specified in
24	regulation.
25	(3) If a licensed manufacturer cardholder loses his or her registry identification card, he
26	or she shall notify the department of business regulation and submit a fee specified in regulation
27	within ten (10) days of losing the registry identification cared. The department of business
28	regulation shall issue a new registry identification card with a new random identification number.
29	(4) A licensed manufacturer cardholder shall notify the department of business regulation
30	of any disqualifying criminal convictions as defined in subdivision (k)(2). The department of
31	business regulation may choose to suspend and/or revoke his or her card after such notification.
32	(5) If a licensed manufacturer or manufacturer cardholder violates any provision of this
33	chapter or regulations promulgated hereunder as determined by the department of business
34	regulation, his or her card or the issued license may be suspended and/or revoked.
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1	(m) Immunity:
2	(1) No licensed manufacturer shall be subject to prosecution; search, except by the
3	departments pursuant to subsection (j); seizure; or penalty in any manner, or denied any right or
4	privilege, including, but not limited to, civil penalty or disciplinary action by a business,
5	occupational, or professional licensing board or entity, solely for acting in accordance with this
6	chapter;
7	(2) No licensed manufacturer shall be subject to prosecution, seizure, or penalty in any
8	manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary
9	action by a business, occupational, or professional licensing board or entity, for selling, giving, or
10	distributing marijuana in whatever form and within the limits established by the department of
11	business regulation to another licensed manufacturer or registered compassion center;
12	(3) No principal officers, board members, agents, volunteers, or employees of a licensed
13	manufacturer shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, or
14	denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a
15	business, occupational, or professional licensing board or entity, solely for working for or with a
16	licensed manufacturer to engage in acts permitted by this section.
17	(4) No state employee shall be subject to arrest, prosecution, or penalty in any manner, or
18	denied any right or privilege, including, but not limited to, civil penalty, disciplinary action,
19	termination, or loss of employee or pension benefits, for any and all conduct that occurs within
20	the scope of his or her employment regarding the administration, execution, and/or enforcement
21	of this act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.
22	21-28.6-16.2. Other Supporting Medical Marijuana Licenses.
23	(a) The department of business regulation shall have the authority to promulgate
24	regulations to create and implement additional types and classes of commercial medical
25	marijuana licenses, including but not limited to, licenses for businesses to engage in marijuana
26	destruction, delivery, disposal, research and development, transportation or any other commercial
27	activity needed to support licensed cultivators, licensed manufacturers, compassion centers,
28	licensed testing facilities, and patient need; provided no license created by the department shall
29	allow for the retail sale of medical marijuana to registered cardholders.
30	(b) The department of business regulation shall promulgate regulations governing the
31	manner in which it shall consider applications for issuing additional medical marijuana licenses,
32	including but not limited to, regulations governing:
33	(1) The form and content of licensing and renewal applications;
34	(2) Minimum oversight requirements for additional medical marijuana license holders;
	LC003937 - Page 390 of 402
1	(3) Minimum record-keeping requirements for additional medical marijuana license
2	holders;
3	(4) Minimum security requirements for additional medical marijuana license holders;
4	(5) Procedures for suspending, revoking, or terminating the licenses of licensees that
5	violate the provisions of this chapter or the regulations promulgated pursuant to this chapter; and
6	(6) Applicable application and license fees.
7	(c) Any applicant, or employee, officer, director, manager, member or agent of a holder
8	of a license issued by the department of business regulation pursuant to this section and the
9	regulations shall be required to obtain a registry identification card from the division subject to
10	the requirements and fees set by the department pursuant to the regulations.
11	(d) With respect to any licenses and registrations issued by the department of business
12	regulation pursuant to this chapter, the department of business regulation shall be entitled to
13	charge application, license and registration fees as set by the department of business regulation
14	and set forth in regulations promulgated here under.
15	SECTION 3. Section 21-28.6-6.1 of the General Laws in Chapter 21-28.6 entitled “The
16	Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act” is hereby repealed.
17	21-28.6-6.1. Administration of regulations.
18	(a) The department of health shall issue registry identification cards to qualifying patients
19	who submit the following, in accordance with the department's regulations:
20	(1) Written certification as defined in § 21-28.6-3(24) of this chapter;
21	(2) Application or renewal fee;
22	(3) Name, address, and date of birth of the qualifying patient; provided, however, that if
23	the patient is homeless, no address is required;
24	(4) Name, address, and telephone number of the qualifying patient's practitioner;
25	(5) Name, address, and date of birth of each primary caregiver of the qualifying patient, if
26	any.
27	(b) The department of health shall not issue a registry identification card to a qualifying
28	patient under the age of eighteen (18) unless:
29	(1) The qualifying patient's practitioner has explained the potential risks and benefits of
30	the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having
31	legal custody of the qualifying patient; and
32	(2) A parent, guardian, or person having legal custody consents in writing to:
33	(i) Allow the qualifying patient's medical use of marijuana;
34	(ii) Serve as one of the qualifying patient's primary caregivers; and
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1	(iii) Control the acquisition of the marijuana, the dosage, and the frequency of the
2	medical use of marijuana by the qualifying patient.
3	(c) The department shall not issue a registry identification card to a qualifying patient
4	seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen (18).
5	(d) The department shall verify the information contained in an application or renewal
6	submitted pursuant to this section, and shall approve or deny an application or renewal within
7	fifteen (15) days of receiving it. The department may deny an application or renewal only if the
8	applicant did not provide the information required pursuant to this section, or if the department
9	determines that the information provided was falsified. Rejection of an application or renewal is
10	considered a final department action, subject to judicial review. Jurisdiction and venue for
11	judicial review are vested in the superior court.
12	(e) If the qualifying patient's practitioner notifies the department in a written statement
13	that the qualifying patient is eligible for hospice care, the department shall verify the application
14	information in accordance with subsection (d) and issue a registry identification card to the
15	qualifying patient and primary caregivers named in the patient's application within seventy-two
16	(72) hours of receipt of the completed application. The department shall not charge a registration
17	fee to the patient or caregivers named in the application.
18	(f) The department shall issue a registry identification card to each primary caregiver, if
19	any, who is named in a qualifying patient's approved application, up to a maximum of two (2)
20	primary caregivers per qualifying patient.
21	(1) The primary caregiver applicant shall apply to the bureau of criminal identification of
22	the department of attorney general, state police, or local police department for a national criminal
23	records check that shall include fingerprints submitted to the Federal Bureau of Investigation.
24	Upon the discovery of any disqualifying information as defined in subdivision (f)(4), and in
25	accordance with the rules promulgated by the director, the bureau of criminal identification of the
26	department of attorney general, state police, or the local police department shall inform the
27	applicant, in writing, of the nature of the disqualifying information; and, without disclosing the
28	nature of the disqualifying information, shall notify the department, in writing, that disqualifying
29	information has been discovered.
30	(2) In those situations in which no disqualifying information has been found, the bureau
31	of criminal identification of the department of attorney general, state police, or the local police
32	shall inform the applicant and the department, in writing, of this fact.
33	(3) The department shall maintain on file evidence that a criminal records check has been
34	initiated on all applicants seeking a primary caregiver registry identification card and the results
	LC003937 - Page 392 of 402
1	of the checks. The primary caregiver cardholder shall not be required to apply for a national
2	criminal records check for each patient he or she is connected to through the department's
3	registration process, provided that he or she has applied for a national criminal records check
4	within the previous two (2) years in accordance with this chapter. The department shall not
5	require a primary caregiver cardholder to apply for a national criminal records check more than
6	once every two (2) years.
7	(4) Information produced by a national criminal records check pertaining to a conviction
8	for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act"),
9	murder, manslaughter, rape, first-degree sexual assault, second-degree sexual assault, first-degree
10	child molestation, second-degree child molestation, kidnapping, first-degree arson, second-degree
11	arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon,
12	assault or battery involving grave bodily injury, and/or assault with intent to commit any offense
13	punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the
14	applicant and the department disqualifying the applicant. If disqualifying information has been
15	found, the department may use its discretion to issue a primary caregiver registry identification
16	card if the applicant's connected patient is an immediate family member and the card is restricted
17	to that patient only.
18	(5) The primary caregiver applicant shall be responsible for any expense associated with
19	the national criminal records check.
20	(6) For purposes of this section "conviction" means, in addition to judgments of
21	conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances
22	where the defendant has entered a plea of nolo contendere and has received a sentence of
23	probation and those instances where a defendant has entered into a deferred sentence agreement
24	with the attorney general.
25	(g) The department shall issue registry identification cards within five (5) days of
26	approving an application or renewal that shall expire two (2) years after the date of issuance.
27	Registry identification cards shall contain:
28	(1) The date of issuance and expiration date of the registry identification card;
29	(2) A random registry identification number;
30	(3) A photograph; and
31	(4) Any additional information as required by regulation or the department.
32	(h) Persons issued registry identification cards shall be subject to the following:
33	(1) A patient cardholder shall notify the department of any change in the patient
34	cardholder's name, address, or primary caregiver; or if he or she ceases to have his or her
	LC003937 - Page 393 of 402
1	debilitating medical condition, within ten (10) days of such change.
2	(2) A patient cardholder who fails to notify the department of any of these changes is
3	responsible for a civil infraction, punishable by a fine of no more than one hundred fifty dollars
4	($150). If the patient cardholder has ceased to suffer from a debilitating medical condition, the
5	card shall be deemed null and void and the person shall be liable for any other penalties that may
6	apply to the person's nonmedical use of marijuana.
7	(3) A primary caregiver cardholder or compassion center cardholder shall notify the
8	department of any change in his or her name or address within ten (10) days of such change. A
9	primary caregiver cardholder or compassion center cardholder who fails to notify the department
10	of any of these changes is responsible for a civil infraction, punishable by a fine of no more than
11	one hundred fifty dollars ($150).
12	(4) When a patient cardholder or primary caregiver cardholder notifies the department of
13	any changes listed in this subsection, the department shall issue the patient cardholder and each
14	primary caregiver cardholder a new registry identification card within ten (10) days of receiving
15	the updated information and a ten-dollar ($10.00) fee. When a compassion center cardholder
16	notifies the department of any changes listed in this subsection, the department shall issue the
17	cardholder a new registry identification card within ten (10) days of receiving the updated
18	information and a ten-dollar ($10.00) fee.
19	(5) When a patient cardholder changes his or her primary caregiver, the department shall
20	notify the primary caregiver cardholder within ten (10) days. The primary caregiver cardholder's
21	protections, as provided in this chapter as to that patient, shall expire ten (10) days after
22	notification by the department. If the primary caregiver cardholder is connected to no other
23	patient cardholders in the program, he or she must return his or her registry identification card to
24	the department.
25	(6) If a cardholder loses his or her registry identification card, he or she shall notify the
26	department and submit a ten-dollar ($10.00) fee within ten (10) days of losing the card. Within
27	five (5) days, the department shall issue a new registry identification card with new, random
28	identification number.
29	(7) If a cardholder willfully violates any provision of this chapter as determined by the
30	department, his or her registry identification card may be revoked.
31	(i) Possession of, or application for, a registry identification card shall not constitute
32	probable cause or reasonable suspicion, nor shall it be used to support the search of the person or
33	property of the person possessing or applying for the registry identification card, or otherwise
34	subject the person or property of the person to inspection by any governmental agency.
	LC003937 - Page 394 of 402
1	(j)(1) Applications and supporting information submitted by qualifying patients,
2	including information regarding their primary caregivers and practitioners, are confidential and
3	protected under the federal Health Insurance Portability and Accountability Act of 1996, and shall
4	be exempt from the provisions of chapter 2 of title 38 et seq. (Rhode Island access to public
5	records act) and not subject to disclosure, except to authorized employees of the department as
6	necessary to perform official duties of the department, and pursuant to subsection (k) of this
7	section.
8	(2) The application for qualifying patient's registry identification card shall include a
9	question asking whether the patient would like the department to notify him or her of any clinical
10	studies about marijuana's risk or efficacy. The department shall inform those patients who answer
11	in the affirmative of any such studies it is notified of that will be conducted in Rhode Island. The
12	department may also notify those patients of medical studies conducted outside of Rhode Island.
13	(3) The department shall maintain a confidential list of the persons to whom the
14	department has issued registry identification cards. Individual names and other identifying
15	information on the list shall be confidential, exempt from the provisions of Rhode Island access to
16	public information, chapter 2 of title 38, and not subject to disclosure, except to authorized
17	employees of the department as necessary to perform official duties of the department.
18	(k) Notwithstanding subsection (j) of this section, the department shall verify to law
19	enforcement personnel whether a registry identification card is valid solely by confirming the
20	random registry identification number or name.
21	(l) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one
22	thousand dollar ($1,000) fine, for any person, including an employee or official of the department
23	or another state agency or local government, to breach the confidentiality of information obtained
24	pursuant to this chapter. Notwithstanding this provision, the department employees may notify
25	law enforcement about falsified or fraudulent information submitted to the department.
26	(m) On or before January 1 of each odd numbered year, the department shall report to the
27	house committee on health, education and welfare and to the senate committee on health and
28	human services on the use of marijuana for symptom relief. The report shall provide:
29	(1) The number of applications for registry identification cards, the number of qualifying
30	patients and primary caregivers approved, the nature of the debilitating medical conditions of the
31	qualifying patients, the number of registry identification cards revoked, and the number of
32	practitioners providing written certification for qualifying patients;
33	(2) An evaluation of the costs permitting the use of marijuana for symptom relief,
34	including any costs to law-enforcement agencies and costs of any litigation;
	LC003937 - Page 395 of 402
1	(3) Statistics regarding the number of marijuana-related prosecutions against registered
2	patients and caregivers, and an analysis of the facts underlying those prosecutions;
3	(4) Statistics regarding the number of prosecutions against physicians for violations of
4	this chapter; and
5	(5) Whether the United States Food and Drug Administration has altered its position
6	regarding the use of marijuana for medical purposes or has approved alternative delivery systems
7	for marijuana.
8	SECTION 4. This Article shall take effect upon passage.
9	ARTICLE 18
10	RELATING TO EFFECTIVE DATE
11	SECTION 1. This Act shall take effect as of July 1, 2018, except as otherwise provided
12	herein.
13	SECTION 2. This Article shall take effect upon passage.
	LC003937 - Page 396 of 402
	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL
	YEAR ENDING JUNE 30, 2019
	***
1	ARTICLE 1
2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2019
3	This article makes appropriations from general revenue and authorizes expenditure of
4	federal funds, restricted receipts, and other funds for FY 2019. This article also identifies the FTE
5	position authorizations for each agency and department for fiscal year 2019; provides multi-year
6	appropriations for Rhode Island Capital Plan Fund projects; provides for the reappropriation of
7	unexpended and unencumbered funds from the Rhode Island Capital Plan Fund project
8	appropriations in the ensuing fiscal year; provides expenditure limits for internal service funds;
9	provides appropriations for all Temporary Disability Insurance funds, Employment Security
10	funds, University and College funds, and Lottery Division funds.
11	ARTICLE 2
12	RELATING TO STATE FUNDS
13	This article adds Municipal Police Training Tuition and Fees, School for the Deaf –
14	School Breakfast and Lunch Program, and School Construction Services to the list of indirect
15	cost recovery restricted receipt accounts to be exempt from transferring 10% of cash receipts to
16	the general fund. Additionally, this article allows the State Budget Officer to implement an indirect
17	cost for the purpose of funding direct project management costs of state employees. This article also
18	expands the Westerly Higher Education Center’s restricted receipt account to allow for revenues
19	collected from future, additional Higher Education Centers to be deposited in the account to allow
20	for the Westerly Center and future Centers to be self-sustaining. Additionally, this article creates
21	a restricted receipt account for the atomic energy commission reactor fees generated from use of
22	the reactor facilities and related services. This article also shifts the date for the approval of
23	reappropriations by the Governor from August 15th to September 1st to coincide with the issuance
24	of the preliminary closing by the State Controller. Lastly, this article establishes the Government
25	Performance Improvement Fund, dedicated to purpose funding “pay for success contracts”
26	throughout state government.
	LC003937 - Page 397 of 402
1	ARTICLE 3
2	RELATING TO GOVERNMENT REFORM
3	This article moves the State Building Code Commission, the Fire Safety Code Board
4	Appeal and Review, and the Contractor’s Registration and Licensing Board from the Department
5	of Administration to the Department of Business Regulation. The article also moves the Office of
6	the Fire Marshal from the Department of Public Safety to the Department of Business Regulation.
7	Additionally, the article requires application for accidental disability benefits by Injured on Duty
8	(IOD) recipients to be governed by the IOD statute; and provides for IOD benefits to be
9	terminated upon final ruling of the State Retirement Board, the Worker’s Compensation Court, or
10	any court of competent jurisdiction. The article also transfers the responsibilities of the Water
11	Resources Boarrd from the Department of Administration’s Division of Planning to the Division
12	of Public Utilities. Furthermore, this article makes several membership changes to the Tobacco
13	Settlement Finance Corporation Board. This article also clarifies a section of law to reflect a 2015
14	legislative change that moved the Film Office out of the Department of Administration. Lastly,
15	this article amends the law to allow the state to withhold state aid from cities and towns that owe
16	funds to the state.
17	ARTICLE 4
18	RELATING TO TAXES AND REVENUE
19	This article requires the lottery to: (1) study, evaluate and, where appropriate, implement
20	new lottery-related initiatives; (2) beginning in fiscal year 2018, for the purpose of determining
21	revenues remaining to be transferred to the state general fund, to reflect actuarially determined
22	expenses for employer contributions to the State Employees and Electing Teachers” OPEB System
23	as expenses incurred by the Lottery in the operation of the Lottery; and (3) to operate legalized
24	sports wagering in the state at the Twin River Casino in Lincoln and Twin River Casino in
25	Tiverton provided sports-wagering is allowed under federal law; authorizes the Director of the
26	Department of Revenue to establish a collections unit for the purpose of assisting state agencies
27	with the collection of debts. Additionally, the article imposes sales tax on vendor-hosted
28	prewritten computer software also referred to as software as a service; repeal a technical error
29	related to exemption of certain seeds and plants from sales tax which is already codified in 44-18-
30	30; and imposes sales tax on certain investigation, guard, and armored car services; imposes the
31	other tobacco products tax on electronic cigarettes, requires other tobacco products be purchased
32	from licensed manufacturers, importers, distributors; increases the maximum per cigar tax by
33	thirty cents ($.30); and, increases the cigarette tax by twenty-five cents ($.25); and imposes a
34	floor tax on existing inventory of cigarettes.
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1	ARTICLE 5
2	RELATING TO CAPITAL DEVELOPMENT PROGRAM
3	This article submits to the voters of Rhode Island in November 2018, for their approval or
4	rejection, three capital development referenda totaling $368,500,000. This consists of one five-year
5	school construction referendum, one higher education referendum consisting of two projects, and one
6	environmental and recreation referendum consisting of ten components. The proposition would
7	authorize the issuance of bonds, refunding bonds, or temporary notes of the State for capital projects.
8	ARTICLE 6
9	RELATING TO LICENSING
10	This article is a modern economy omnibus package that includes amendments to existing
11	legislation that simplify the process of doing business in Rhode Island and promote the
12	modernization of the State’s economy through the: (1) elimination of unnecessary and duplicative
13	licenses; (2) removal of small fees for filing complaints or business applications; (3)
14	consolidation or elimination of fees for secondary business activities; (4) amendment of
15	documentation requirements to enable the digital submission of application materials; (5)
16	elimination of unnecessary notarization and oath requirements for business owners and
17	professionals; and (6) alignment of various certification and permit renewal periods. Lastly, this
18	article transfers oversight for nine licenses from the RI Department of Health to the Department
19	of Business Regulation.
20	ARTICLE 7
21	RELATING TO FEES
22	This article makes adjustments to fees collected from companies that sell mutual funds
23	and insurance claims adjustors to make Rhode Island more competitive. This article authorizes
24	the State to continue its collection of the Hospital Licensing Fee for one additional fiscal year.
25	Lastly, this article authorizes municipal police training school to collect tuition and fees and
26	deposit funds into a newly created restricted receipt account for the purposes of supporting the
27	operations of the training school.
28	ARTICLE 8
29	RELATING TO MOTOR VEHICLES
30	This article delays the requirement that the Division of Motor Vehicles (DMV) issue a
31	new fully reflective license plate from January 1, 2019 to January 1, 2020 and merges the update
32	fee and duplicate license fee into one category. This article also exempts the update and duplicate
33	license fee from the transfer to the Highway Maintenance Fund to provide the DMV with
34	additional resources to implement the federal requirements of REAL-ID. Finally, it changes the
	LC003937 - Page 399 of 402
1	percentage of the transfer to the Highway Maintenance Fund in FY 2018 from eighty percent to
2	sixty percent.
3	ARTICLE 9
4	RELATING TO SCHOOL CONSTRUCTION AND EDUCATION
5	This article proposes to improve the condition of school buildings in Rhode Island
6	consistent with the recommendations made by the Governor’s School Building Task Force. This
7	article proposes to temporarily expand the incentives to the school housing aid ratio to encourage
8	school construction projects that address health and safety deficiencies, provide educational and
9	technological enhancements, and utilize school buildings efficiently. The expansion of the school
10	construction program requires additional responsibilities and oversight by the school building
11	authority and therefore, this proposal creates additional roles and responsibilities for the school
12	building authority. To further support school construction projects, the financing for energy and
13	environmental projects funded by the Rhode Island Infrastructure Bank are made eligible for state
14	school housing aid reimbursement. To ensure that school building projects are conducted in an
15	efficient and cost-effective manner, owners program managers and commissioning agents will be
16	assigned to projects exceeding $1,500,000, and state certification of prime contractors will be
17	required for projects exceeding $10,000,000. Finally, to ensure that school buildings are properly
18	maintained into the future, the article requires the introduction of maintenance requirements and
19	minimum facility standards for school buildings statewide.
20	ARTICLE 10
21	RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2018
22	This article makes revised appropriations from general revenue and authorizes
23	expenditure of federal funds, restricted receipts, and other funds for FY 2018. This article also
24	provides that each line in Section 10 constitutes an appropriation; provides expenditures limits for
25	internal service funds; identifies revised FTE position authorizations for each agency and
26	department for fiscal year 2018; and provides for an effective date of “upon passage”.
27	ARTICLE 11
28	RELAITNG TO WORKFORCE DEVELOPMENT
29	This article amends Chapter 42-102 to codify the Real Jobs RI program into law –
30	establishing a permanent presence for the administration’s sector driven workforce strategy.
31	Amends Section 28-43-8 to establish additional funding for the Real Jobs RI program by
32	adjusting the JDF assessment and Unemployment Insurance (UI) tax rates annually via formula to
33	capture any interest earned by the UI Trust Fund. Amends Section 28-43-8.5 to sunset the Jobs
34	Training Tax Credit program, which would eliminate duplicative incentives and align investments
	LC003937 - Page 400 of 402
1	with the administration’s priorities. Amends Section 42-102-11 to provide flexibility around the
2	administration of the Governor’s Workforce Board’s Work Immersion program. This article also
3	establishes a restricted receipt account for the misclassification task force and workplace fraud
4	unit.
5	ARTICLE 12
6	RELATING TO COMMERCE CORPORATION AND ECONOMIC DEVELOPMENT
7	This article authorizes new programs and funds intended to promote economic
8	development. Each program contains program integrity requirements to ensure proper use of
9	public funds. The article amends and extends existing programs to better promote economic
10	growth, manufacturing, and small business activity. The article also contains new reporting
11	requirements for the Commerce Corporation to provide information regarding the use and effect
12	of the disbursed tax credits/funds from incentive programs.
13	ARTICLE 13
14	RELATING TO MEDICAL ASSISTANCE
15	This article implements several changes to the organization, financing and delivery of the
16	Medicaid program that build on the foundation of the Reinventing Medicaid Act. Toward this
17	end, the Article seeks to adjust provider payment levels and leverage funding opportunities to
18	ensure continued access to high quality, coordinated health care services and promote better
19	health outcomes through performance-based payment incentives and reforms.
20	ARTICLE 14
21	RELATING TO MEDICAID REFORM ACT OF 2008
22	This article establishes the legal authority for the Secretary of the Executive Office of
23	Health and Human Services to review and coordinate any Medicaid section 1115 demonstration
24	waiver requests and renewals, as well as any initiatives and proposals requiring amendments to
25	the Medicaid state plan or category II or III changes as described in the demonstration, with “the
26	potential to affect the scope, amount, or duration of publicly-funded health care services, provider
27	payments or reimbursements, or access to or the availability of benefits and services provided by
28	Rhode Island general and public laws and cost-effective consumer choice system of care that is
29	fiscally sound and sustainable”.
30	ARITCLE 15
31	RELATING TO CHILDREN AND FAMILIES
32	This article contains changes to the powers and duties of the Department of Children, Youth
33	and Families, the regulation of childcare facilities and the administration of the childcare assistance
34	program.
	LC003937 - Page 401 of 402
1	ARTICLE 16
2	RELATING TO DEBT MANAGEMENT
3	This article contains four sections that pertain to the issuance of revenue bonds by the
4	Rhode Island Health and Educational Building (RIHEBC) as a conduit issuer on behalf of the
5	University of Rhode Island. There are three RIHEBC debt-financed capital projects scheduled to
6	begin in FY 2019 at the University, thus requiring legislative authorization pursuant to RIGL 35-
7	18-1 et seq, the Rhode Island Public Corporation Debt Management Act.
8	ARTICLE 17
9	RELATING TO THE EDWARD O. HAWKINS AND THOMAS C. SLATER MEDICAL
10	MARIJUANA ACT
11	This article expands the number of compassion centers from three to fifteen and
12	restructures compassion center licenses to increase competition in the medical marijuana industry
13	and increase patient access to regulated medical marijuana. It also creates a new commercial
14	manufacturing license for the manufacturing and processing of medical marijuana products. The
15	article consolidates the registration and oversight of caregivers and authorized purchasers under
16	the department of business regulation, which already enforces regulations for the cultivation of
17	medical marijuana and the use of marijuana plant tags.
18	ARTICLE 18
19	RELATING TO EFFECTIVE DATE
20	This article provides that the act shall take effect as of July 1, 2018, except as otherwise
21	provided herein.
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