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art.002/1

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     ARTICLE 2

RELATING TO STATE FUNDS

     SECTION 1. Section 5-20.7-15 of the General Laws in Chapter 5-20.7 entitled "Real Estate

Appraiser Certification Act" is hereby amended to read as follows:

     5-20.7-15. Fees.

     (a) The director is empowered and directed to establish a fee schedule for the application,

review, examination, and re-examination of applicants for certification and licensing and for the

issuance and renewal of certificates and for late fees; provided, that the annual fee for a residential

or general appraiser certificate is two hundred dollars ($200).

     (b) There is hereby created a restricted receipt account within the general fund of the state

to be known as the real estate appraisers – registration – CLRA account. Fees collected pursuant to

§ 5-20.7-15(a) shall be deposited into this account and be used to finance costs associated with real

estate appraisers registration. The restricted receipt account will be included in the budget of the

department of business regulation.

     SECTION 2. Section 5-20.9-7 of the General Laws in Chapter 5-20.9 entitled "Real Estate

Appraisal Management Company Registration Act" is hereby amended to read as follows:

     5-20.9-7. Initial registration, renewals, forms and fees.

     (a) An applicant for registration as an appraisal management company shall submit to the

department an application on forms prescribed by the department and pay the required fee(s).

     (b) The fees for initial registration, renewal, and late renewals shall be determined by the

director and established by regulation.

     (c) There is hereby created a restricted receipt account within the general fund of the state

to be known as the appraisal management company – registration account. Fees collected pursuant

to § 5-20.9-7 shall be deposited into this account and be used to finance costs associated with

appraisal management company registration and operations. The restricted receipt account will be

included in the budget of the department of business regulation.

     (c)(d) Every appraisal management company that desires to renew a registration for the

next term shall apply for the renewal of the registration upon a form furnished by the director and

containing information that is required by this chapter. Renewal of a registration is subject to the

same provisions as the initial registration.

     (d)(e) The department shall receive applications for registration for initial licensing and

renewal and establish administrative procedures for processing applications and issuing and

renewing registrations.

     (e)(f) The department shall have the authority to assess and collect from registered entities,

the AMC federal registry fee in any amount assessed by the appraisal subcommittee of the Federal

Financial Institutions Examination Council or its successor entity, and transmit the fee to the

Federal Financial Institutions Examinations Council.

     (f)(g) A federally regulated appraisal management company operating in this state shall

report to the department any information necessary for the department to assess, collect, and

forward the AMC federal registry fee in any amount assessed by the appraisal subcommittee of the

Federal Financial Institutions Examination Council or its successor entity.

     SECTION 3. Section 16-59-6 of the General Laws in Chapter 16-59 entitled "Council on

Postsecondary Education" is hereby amended to read as follows:

     16-59-6. Commissioner of postsecondary education.

     The council on postsecondary education, with approval of the board, shall appoint a

commissioner of postsecondary education, who shall serve at the pleasure of the council, provided

that his or her initial engagement by the council shall be for a period of not more than three (3)

years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary

education, the governor shall serve as an additional voting member of the council. The position of

commissioner shall be in the unclassified service of the state and he or she shall serve as the chief

executive officer of the council on postsecondary education, the chief administrative officer of the

office of postsecondary commissioner, and the executive director of the division of higher

education assistance. The commissioner of postsecondary education shall have any duties that are

defined in this section and in this title and other additional duties as may be determined by the

council, and shall perform any other duties as may be vested in him or her by law. In addition to

these duties and general supervision of the office of postsecondary commissioner and the

appointment of the several officers and employees of the office, it shall be the duty of the

commissioner of postsecondary education:

     (1) To develop and implement a systematic program of information gathering, processing,

and analysis addressed to every aspect of higher education in the state, especially as that

information relates to current and future educational needs.

     (2) To prepare a strategic plan for higher education in the state aligned with the goals of

the board of education's strategic plan; to coordinate the goals and objectives of the higher public

education sector with the goals of the council on elementary and secondary education and activities

of the independent higher education sector where feasible.

     (3) To communicate with, and seek the advice of those concerned with, and affected by the

board of education's and council's determinations.

     (4) To implement broad policy as it pertains to the goals and objectives established by the

board of education and council on postsecondary education; to promote better coordination

between higher public education in the state, independent higher education in the state as provided

in subdivision (10) of this section, and pre k-12 education; to assist in the preparation of the budget

for public higher education; and to be responsible, upon direction of the council, for the allocation

of appropriations, the acquisition, holding, disposition of property.

     (5) To be responsible for the coordination of the various higher educational functions of

the state so that maximum efficiency and economy can be achieved.

     (6) To assist the board of education in preparation and maintenance of a five-year (5)

strategic funding plan for higher education; to assist the council in the preparation and presentation

annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational

budget.

     (7) To recommend to the council on postsecondary education, after consultation with the

presidents, a clear and definitive mission for each public institution of higher learning.

     (8) To annually recommend to the council on postsecondary education, after consultation

with the presidents, the creation, abolition, retention, or consolidation of departments, divisions,

programs, and courses of study within the public colleges and universities to eliminate unnecessary

duplication in public higher education, to address the future needs of public higher education in the

state, and to advance proposals recommended by the presidents of the public colleges and

universities pursuant to §§ 16-32-2.1, 16-33-2.1 and 16-33.1-2.1.

     (9) To supervise the operations of the office of postsecondary commissioner, including the

division of higher education assistance, and any other additional duties and responsibilities that

may be assigned by the council.

     (10) To perform the duties vested in the council with relation to independent higher

educational institutions within the state under the terms of chapter 40 of this title and any other

laws that affect independent higher education in the state.

     (11) To be responsible for the administration of policies, rules, and regulations of the

council on postsecondary education with relation to the entire field of higher education within the

state, not specifically granted to any other department, board, or agency and not incompatible with

law.

     (12) To prepare standard accounting procedures for public higher education and all public

colleges and universities.

     (13) To carry out the policies and directives of the board of education and the council on

postsecondary education through the office of postsecondary commissioner and through utilization

of the resources of the public institutions of higher learning.

     (14) To enter into interstate reciprocity agreements regarding the provision of

postsecondary distance education; to administer such agreements; to approve or disapprove

applications to voluntarily participate in such agreements from postsecondary institutions that have

their principal place of business in Rhode Island; and to establish annual fees, with the approval of

the council on postsecondary education, for aforesaid applications to participate in an interstate

postsecondary distance education reciprocity agreement. There is hereby established a restricted

receipt account entitled “State Authorization Reciprocity Agreement (SARA)” within the general

fund of the state for the express purpose of the collection and disbursement of all fees related to

interstate reciprocity agreements regarding the provision of postsecondary distance education. The

restricted receipt account will be included in the budget of the office of the postsecondary

commissioner.

     (15) To the extent necessary for participation, and to the extent required and stated in any

distance learning reciprocity agreement, to implement procedures to address complaints received

from out-of-state students in connection with, or related to, any Rhode Island postsecondary

institution, public or private, that has been approved to participate in said reciprocity agreement.

     (16) To exercise all powers and duties of the division of higher education assistance as set

forth under the terms of chapter 57 of this title.

     SECTION 4. Section 23-1-20 of the General Laws in Chapter 23-1 entitled "Department

of Health" is hereby amended to read as follows:

     23-1-20. Compliance order.

     (a) Whenever the director determines that there are reasonable grounds to believe that there

is a violation of any law administered by him or her or of any rule or regulation adopted pursuant

to authority granted to him or her, the director may give notice of the alleged violation to the person

responsible for it. The notice shall be in writing, shall set forth the alleged violation, shall provide

for a time within which the alleged violation shall be remedied, and shall inform the person to

whom it is directed that a written request for a hearing on the alleged violation may be filed with

the director within ten (10) days after service of the notice. The notice will be deemed properly

served upon a person if a copy of the notice is served upon him or her personally, or sent by

registered or certified mail to the last known address of that person, or if that person is served with

notice by any other method of service now or later authorized in a civil action under the laws of

this state. If no written request for a hearing is made to the director within ten (10) days of the

service of notice, the notice shall automatically become a compliance order.

     (b) Any administrative fees and/or penalties imposed pursuant to a compliance order

described in subsection (a) of this section shall be deposited in a restricted receipt account within

the general fund of the state and included in the budget of the department of health. The title of the

restricted receipt account shall be designated as “health systems monitoring and compliance”.

     SECTION 5. Section 23-77-2 of the General Laws in Chapter 23-77 entitled "Healthcare

Information Technology and Infrastructure Development Fund" is hereby amended to read as

follows:

     23-77-2. Establishment of the healthcare information technology and infrastructure

development fund.

     (a) There is established in the department of health, the healthcare information technology

and infrastructure development fund to be administered by the director of the department of health

for the purpose of promoting the development and adoption of healthcare information technologies

designed to improve the quality, safety and efficiency of healthcare services and the security of

individual patient data.

     (b) Moneys in the fund shall be used for projects authorized by the director of health and

may be expended by contract, loan, or grant, to develop, maintain, expand, and improve the state's

healthcare information technology infrastructure and to assist healthcare facilities and health

service providers in adopting healthcare information technologies shown to improve healthcare

quality, safety or efficiency. Such projects shall incorporate the goal of maintaining the security

and confidentiality of individual patient data, and separate projects for that purpose may also be

authorized from the fund. The director of health shall develop criteria for the selection of projects

to be funded from the fund in consultation with the healthcare information technology and

infrastructure advisory committee created in § 23-77-4.

     (c) Any moneys provided by loan shall be disbursed for periods not exceeding twenty-five

(25) years and at an annual rate of interest not exceeding five percent (5%).

     (d) The director of the department of health, in consultation with the state healthcare

information technology advisory committee, shall establish criteria for eligible healthcare

information technology and infrastructure projects to be funded under this chapter.

     (e) The healthcare information technology and infrastructure development fund, as herein

described, shall constitute a restricted receipt account within the general fund of the state and

housed within the budget of the department of health. The short title of the restricted receipt

account shall henceforth be designated as “health information technology”.

     SECTION 6. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

     Executive Office of Health and Human Services

     Organ Transplant Fund

     HIV Care Grant Drug Rebates

     Medical Marijuana Licensing

     Adult Use Marijuana Licensing

     Industrial Hemp Licensing

     Health System Transformation Project

     Department of Human Services

     Veterans' home -- Restricted account

     Veterans' home -- Resident benefits

     Pharmaceutical Rebates Account

     Demand Side Management Grants

     Veteran's Cemetery Memorial Fund

     Donations -- New Veterans' Home Construction

     Department of Health

     Pandemic medications and equipment account

     Miscellaneous Donations/Grants from Non-Profits

     State Loan Repayment Match

     Adult Use Marijuana Licensing Program

     Adult Use Marijuana Licensing

     Industrial Hemp Licensing

     Medical Marijuana Patient Licenses

     Healthcare Information Technology

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

     Eleanor Slater non-Medicaid third-party payor account

     Hospital Medicare Part D Receipts

     RICLAS Group Home Operations

     Commission on the Deaf and Hard of Hearing

     Emergency and public communication access account

     Department of Environmental Management

     National heritage revolving fund

     Environmental response fund II

     Underground storage tanks registration fees

     De Coppett Estate Fund

     Rhode Island Historical Preservation and Heritage Commission

     Historic preservation revolving loan fund

     Historic Preservation loan fund -- Interest revenue

     Department of Public Safety

     Forfeited property -- Retained

     Forfeitures -- Federal

     Forfeited property -- Gambling

     Donation -- Polygraph and Law Enforcement Training

     Rhode Island State Firefighter's League Training Account

     Fire Academy Training Fees Account

     Industrial Hemp Licensing Program

     Medical Marijuana Licensing Program

     Adult Use Marijuana Licensing Program

     Attorney General

     Forfeiture of property

     Federal forfeitures

     Attorney General multi-state account

     Forfeited property -- Gambling

     Department of Administration

     OER Reconciliation Funding

     RI Health Benefits Exchange

     Information Technology Investment Fund

     Restore and replacement -- Insurance coverage

     Convention Center Authority rental payments

     Investment Receipts -- TANS

     OPEB System Restricted Receipt Account

     Car Rental Tax/Surcharge-Warwick Share

     Executive Office of Commerce

     Housing Resources Commission Restricted Account

     Department of Revenue

     DMV Modernization Project

     Jobs Tax Credit Redemption Fund

     Marijuana Cash Use Surcharge

     Industrial Hemp Licensing

     Adult Use Marijuana Licensing

     Medical Marijuana Licensing

     Legislature

     Audit of federal assisted programs

     Department of Children, Youth and Families

     Children's Trust Accounts -- SSI

     Military Staff

     RI Military Family Relief Fund

     RI National Guard Counterdrug Program

     Treasury

     Admin. Expenses -- State Retirement System

     Retirement -- Treasury Investment Options

     Defined Contribution -- Administration - RR

     Violent Crimes Compensation -- Refunds

     Treasury Research Fellowship

     Business Regulation

     Banking Division Reimbursement Account

     Office of the Health Insurance Commissioner Reimbursement Account

     Securities Division Reimbursement Account

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

     Insurance Division Reimbursement Account

     Historic Preservation Tax Credit Account

     Industrial Hemp Licensing

     Adult Use Marijuana Licensing

     Medical Marijuana Licensing

     Judiciary

     Arbitration Fund Restricted Receipt Account

     Third-Party Grants

     RI Judiciary Technology Surcharge Account

     Department of Elementary and Secondary Education

     Statewide Student Transportation Services Account

     School for the Deaf Fee-for-Service Account

     School for the Deaf -- School Breakfast and Lunch Program

     Davies Career and Technical School Local Education Aid Account

     Davies -- National School Breakfast & Lunch Program

     School Construction Services

     Office of the Postsecondary Commissioner

     Higher Education and Industry Center

     State Authorization Reciprocity Agreement (SARA)

     Department of Labor and Training

     Job Development Fund

     SECTION 7. Section 42-7.2-10 of the General Laws in Chapter 42-7.2 entitled "Office of

Health and Human Services" is hereby amended to read as follows:

     42-7.2-10. Appropriations and disbursements.

     (a) The general assembly shall annually appropriate such sums as it may deem necessary

for the purpose of carrying out the provisions of this chapter. The state controller is hereby

authorized and directed to draw his or her orders upon the general treasurer for the payment of such

sum or sums, or so much thereof as may from time to time be required, upon receipt by him or her

of proper vouchers approved by the secretary of the executive office of health and human services,

or his or her designee.

     (b) For the purpose of recording federal financial participation associated with qualifying

healthcare workforce development activities at the state’s public institutions of higher education,

and pursuant to the Rhode Island Designated State Health Programs (DSHP), as approved by CMS

October 20, 2016 in the 11-W-00242/1 amendment to Rhode Island’s section 1115 Demonstration

Waiver, there is hereby established a restricted receipt account entitled “Health System

Transformation Project” in the general fund of the state and included in the budget of the office of

health and human services.

     SECTION 8. This article shall take effect upon passage.