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art.003/7/003/6/003/5/003/4/003/3/003/2/003/1 | ||
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1 | ARTICLE 3 AS AMENDED | |
2 | RELATING TO GOVERNMENT REFORM AND REORGANIZATION | |
3 | SECTION 1. Transferring certain revenue collection functions of the Department of | |
4 | Revenue, Division of Taxation, to the Department of Labor and Training. | |
5 | In any General or Special Law of the State of Rhode Island, and specifically in Title 28, | |
6 | Chapters 39, 40, 42 and 43 of the General Laws of Rhode Island, 1956, as amended, reference to | |
7 | the collection of temporary disability insurance, employment security taxes or job development | |
8 | fund by the division of taxation within the department of administration, now within the department | |
9 | of revenue, shall be construed to refer to the department of labor and training. Any reference to the | |
10 | tax administrator within the department of administration, now within the department of revenue, | |
11 | with reference to the collection of temporary disability insurance, employment security taxes or job | |
12 | development fund revenues shall be construed to refer to the director of the department of labor | |
13 | and training. Any revenue collection duties conferred upon the division of taxation or the tax | |
14 | administrator by said Title 28, Chapters 39, 40, 42 and 43 shall be construed to refer to the | |
15 | department of labor and training or the director of the department of labor and training. | |
16 | The law revision director of the joint committee on legislative services is authorized and | |
17 | empowered to make appropriate changes in said Title 28, Chapters 39, 40, 42 and 43 and any other | |
18 | section of the laws to carry out the intent of this act. | |
19 | SECTION 2. Section 27-4.6-3 of the General Laws in Chapter 27-4.6 entitled "Risk-Based | |
20 | Capital (RBC) for Insurers Act" is hereby amended to read as follows: | |
21 | 27-4.6-3. Company action level event. | |
22 | (a) "Company action level event" means any of the following events: | |
23 | (1) The filing of an RBC report by an insurer that indicates that: | |
24 | (i) The insurer's total adjusted capital is greater than or equal to its regulatory action level | |
25 | RBC but less than its company action level RBC; | |
26 | (ii) If a life and/or health insurer, the insurer has total adjusted capital that is greater than | |
27 | or equal to its company action level RBC but less than the product of its authorized control level | |
28 | RBC and 2.5 3.0 and has a negative trend; or | |
29 | (iii) If a property and casualty insurer, the insurer has total adjusted capital which is greater | |
30 | than or equal to its company action level RBC but less than the product of its authorized control | |
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1 | level RBC and 3.0 and triggers the trend test determined in accordance with the trend test | |
2 | calculation included in the property and casualty RBC instructions. | |
3 | (2) The notification by the commissioner to the insurer of an adjusted RBC report that | |
4 | indicates an event in subdivision (a)(1), provided the insurer does not challenge the adjusted RBC | |
5 | report under § 27-4.6-7; or | |
6 | (3) If, pursuant to § 27-4.6-7, an insurer challenges an adjusted RBC report that indicates | |
7 | the event in subdivision (a)(1), the notification by the commissioner to the insurer that the | |
8 | commissioner has, after a hearing, rejected the insurer's challenge. | |
9 | (b) In the event of a company action level event, the insurer shall prepare and submit to the | |
10 | commissioner an RBC plan which shall: | |
11 | (1) Identify the conditions that contribute to the company action level event; | |
12 | (2) Contain proposals of corrective actions that the insurer intends to take and would be | |
13 | expected to result in the elimination of the company action level event; | |
14 | (3) Provide projections of the insurer's financial results in the current year and at least the | |
15 | four (4) succeeding years, both in the absence of proposed corrective actions and giving effect to | |
16 | the proposed corrective actions, including projections of statutory operating income, net income, | |
17 | capital and/or surplus. (The projections for both new and renewal business might include separate | |
18 | projections for each major line of business and separately identify each significant income, expense | |
19 | and benefit component); | |
20 | (4) Identify the key assumptions impacting the insurer's projections and the sensitivity of | |
21 | the projections to the assumptions; and | |
22 | (5) Identify the quality of, and problems associated with, the insurer's business, including, | |
23 | but not limited to, its assets, anticipated business growth and associated surplus strain, | |
24 | extraordinary exposure to risk, mix of business and use of reinsurance, if any, in each case. | |
25 | (c) The RBC plan shall be submitted: | |
26 | (1) Within forty-five (45) days of the company action level event; or | |
27 | (2) If the insurer challenges an adjusted RBC report pursuant to § 27-4.6-7, within forty- | |
28 | five (45) days after notification to the insurer that the commissioner has, after a hearing, rejected | |
29 | the insurer's challenge. | |
30 | (d) Within sixty (60) days after the submission by an insurer of an RBC plan to the | |
31 | commissioner, the commissioner shall notify the insurer whether the RBC plan shall be | |
32 | implemented or is, in the judgment of the commissioner, unsatisfactory. If the commissioner | |
33 | determines that the RBC plan is unsatisfactory, the notification to the insurer shall set forth the | |
34 | reasons for the determination, and may set forth proposed revisions which will render the RBC plan | |
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1 | satisfactory in the judgment of the commissioner. Upon notification from the commissioner, the | |
2 | insurer shall prepare a revised RBC plan, which may incorporate by reference any revisions | |
3 | proposed by the commissioner, and shall submit the revised RBC plan to the commissioner: | |
4 | (1) Within forty-five (45) days after the notification from the commissioner; or | |
5 | (2) If the insurer challenges the notification from the commissioner under § 27-4.6-7, | |
6 | within forty-five (45) days after a notification to the insurer that the commissioner has, after a | |
7 | hearing, rejected the insurer's challenge. | |
8 | (e) In the event of a notification by the commissioner to an insurer that the insurer's RBC | |
9 | plan or revised RBC plan is unsatisfactory, the commissioner may at the commissioner's discretion, | |
10 | subject to the insurer's right to a hearing under § 27-4.6-7, specify in the notification that the | |
11 | notification constitutes a regulatory action level event. | |
12 | (f) Every domestic insurer that files an RBC plan or revised RBC plan with the | |
13 | commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance | |
14 | commissioner in any state in which the insurer is authorized to do business if: | |
15 | (1) That state has an RBC provision substantially similar to § 27-4.6-8(a); and | |
16 | (2) The insurance commissioner of that state has notified the insurer of its request for the | |
17 | filing in writing, in which case the insurer shall file a copy of the RBC plan or revised RBC plan | |
18 | in that state no later than the later of: | |
19 | (i) Fifteen (15) days after the receipt of notice to file a copy of its RBC plan or revised | |
20 | RBC plan with the state; or | |
21 | (ii) The date on which the RBC plan or revised RBC plan is filed under subsections (c) and | |
22 | (d) of this section. | |
23 | SECTION 3. Section 30-15-9 of the General Laws in Chapter 30-15 entitled "Emergency | |
24 | Management" is hereby amended to read as follows: | |
25 | 30-15-9. Governor's responsibilities relating to disaster emergencies. | |
26 | (a) The governor shall be responsible for meeting the dangers to the state and people | |
27 | presented by disasters. | |
28 | (b) A state of emergency shall be declared by executive order or proclamation of the | |
29 | governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is | |
30 | imminent. The state of disaster emergency shall continue until the governor finds that the threat or | |
31 | danger has passed or the disaster has been dealt with to the extent that emergency conditions no | |
32 | longer exist and terminates the state of disaster emergency by executive order or proclamation, but | |
33 | no state of disaster emergency may continue for longer than thirty (30) days unless renewed by the | |
34 | governor. The general assembly, by concurrent resolution, may terminate a state of disaster | |
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1 | emergency at any time. Thereupon, the governor shall issue an executive order or proclamation | |
2 | ending the state of disaster emergency and what actions are being taken to control the emergency | |
3 | and what action the public should take to protect themselves. All executive orders or proclamations | |
4 | issued under this subsection shall indicate the nature of the disaster, the area or areas threatened, | |
5 | and the conditions that have brought it about or that make possible termination of the state of | |
6 | disaster emergency. An executive order or proclamation shall be disseminated promptly by means | |
7 | calculated to bring its contents to the attention of the general public and, unless the circumstances | |
8 | attendant upon the disaster prevent or impede, promptly filed with the agency, the secretary of state, | |
9 | and the city and town clerks in the area to which it applies. | |
10 | (c) An executive order or proclamation of a state of disaster emergency, shall activate the | |
11 | state and local disaster emergency plans applicable to the political subdivision or area in question | |
12 | and shall be authority for the deployment and use of any forces to which the plan or plans apply | |
13 | and for the use or distribution of any supplies, equipment, and materials and facilities assembled, | |
14 | stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law | |
15 | relating to disaster emergencies. | |
16 | (d) During the continuance of any state of disaster emergency the governor is commander- | |
17 | in-chief of the organized and unorganized militia and of all other forces available for emergency | |
18 | duty. To the greatest extent practicable, the governor shall delegate or assign command authority | |
19 | by prior arrangement embodied in appropriate executive orders or regulations, but nothing herein | |
20 | restricts the governor's authority to do so by orders issued at the time of the disaster emergency. | |
21 | (e) In addition to any other powers conferred upon the governor by law, the governor may | |
22 | exercise the following powers, subject to the provisions of subsection (g) of this section, limited in | |
23 | scope and duration as is reasonably necessary for emergency response: | |
24 | (1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct | |
25 | of state business, or the orders, rules, or regulations of any state agency, if strict compliance with | |
26 | the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay | |
27 | necessary action in coping with the emergency, provided that the suspension of any statute, order, | |
28 | rule or regulation will be limited in duration and scope to the emergency action requiring said | |
29 | suspension; | |
30 | (2) Utilize all available resources of the state government as reasonably necessary to cope | |
31 | with the disaster emergency and of each political subdivision of the state; | |
32 | (3) Transfer the direction, personnel, or functions of state departments and agencies or units | |
33 | thereof for the purpose of performing or facilitating emergency services; | |
34 | (4) Subject to any applicable requirements for compensation under § 30-15-11, | |
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1 | commandeer or utilize any private property if the governor finds this necessary to cope with the | |
2 | disaster emergency; | |
3 | (5) Direct and compel the evacuation of all or part of the population from any stricken or | |
4 | threatened area within the state if the governor deems this action necessary for the preservation of | |
5 | life or other disaster mitigation, response, or recovery; | |
6 | (6) Prescribe routes, modes of transportation, and destinations in connection with | |
7 | evacuation; | |
8 | (7) Control ingress and egress to and from a high risk area, the movement of persons within | |
9 | the area, and the occupancy of premises therein; | |
10 | (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, | |
11 | explosives, and combustibles; | |
12 | (9) Make provision for the availability and use of temporary emergency shelter; | |
13 | (10) Make and promulgate such rules and regulations as the governor may deem advisable | |
14 | for the assigning, detailing, and making available for duty and use in any city or town of this state | |
15 | any of the personnel, apparatus, or equipment of any police or fire department of any other city or | |
16 | town, or of any volunteer fire company, or of any fire district, and that personnel shall have the | |
17 | same powers, duties, rights, privileges, and immunities as if performing their duties in the city or | |
18 | town in which they normally would be employed, but the personnel shall obey the orders of the | |
19 | police and fire authorities of the city or town to which assigned, detailed, or made available. When | |
20 | assigned, detailed, or made available as aforesaid, the city or town in which the police or firemen | |
21 | shall perform outside duties shall provide them with subsistence or pay them a reasonable | |
22 | allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred | |
23 | while being so used; provided, however, that a city or town shall be reimbursed by the state out of | |
24 | the general fund of the state for all expenses incurred under the foregoing provisions of this | |
25 | subsection; | |
26 | (11) Designate as a special emergency health and sanitation area, any area within the state | |
27 | that has been seriously damaged by disaster, or in which the existence of any military, naval, or air | |
28 | establishment of the United States of America or of any industrial establishment constructed or | |
29 | enlarged for purposes of national defense, has caused an increase in the population of that area to | |
30 | such an extent as to produce unusual problems of health and sanitation. It is the duty of state health | |
31 | authorities and the local code enforcement officials to make and enforce rules and regulations | |
32 | designed to prevent the introduction of any contagious or infectious disease and to safeguard the | |
33 | public health within the area. The governor may promulgate and enforce additional rules and | |
34 | regulations for the protection of the public health within areas as may be necessary; | |
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1 | (12) Whenever, in the governor's opinion, due to a disaster there is liable to be a serious | |
2 | shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other | |
3 | pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal | |
4 | authorities are not adequately dealing with the situation, promulgate such rules and regulations as | |
5 | he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those | |
6 | necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering | |
7 | from, those necessities; additionally, during a declared time of state or national emergency, no | |
8 | person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail | |
9 | immediately prior to the proclamation of emergency or during the proclaimed state of emergency. | |
10 | Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs | |
11 | during the normal course of business. Any person, firm, or corporation who or that violates any | |
12 | provision of this subsection shall be fined not more than one hundred dollars ($100); | |
13 | (13) Do all other things necessary to effectively cope with disasters in the state not | |
14 | inconsistent with other provisions of law; | |
15 | (14) Adopt and enforce measures to provide for the safe disposal of infectious waste as | |
16 | may be reasonable and necessary for emergency response due to a state disaster emergency. Such | |
17 | measures may include, but are not limited to, the collection, storage, handling, destruction, | |
18 | treatment, transportation, and disposal of infectious waste; | |
19 | (15) Adopt and enforce measures to provide for the safe disposal of corpses as may be | |
20 | reasonable and necessary for emergency response due to a state disaster emergency. Such measures | |
21 | may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, | |
22 | transportation, and disposal of corpses; and | |
23 | (16) Compel a person to submit to a physical examination and/or testing as necessary to | |
24 | diagnose or treat the person. The medical examination and/or testing may be performed by any | |
25 | qualified person authorized by the department of health and must not be reasonably likely to result | |
26 | in serious harm to the affected individual. The medical examination and/or testing shall be | |
27 | performed immediately upon the order of the department of health without resort to judicial or | |
28 | quasi-judicial authority. If the department of health is uncertain whether a person who refuses to | |
29 | undergo medical examination and/or testing may have been exposed to an infectious disease or | |
30 | otherwise poses a danger to public health, the department of health may subject the individual to | |
31 | isolation or quarantine pursuant to § 23-8-4. | |
32 | (f) Nothing contained herein shall be construed to limit or restrict the power of the general | |
33 | assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35- | |
34 | 4-22.1. | |
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1 | (g) Powers conferred upon the governor pursuant to the provisions of subsection (e) of this | |
2 | section for disaster emergency response shall not exceed a period of one hundred eighty (180) days | |
3 | from the date of the emergency order or proclamation of a state of disaster emergency, unless and | |
4 | until the general assembly extends the one hundred eighty (180) day period by concurrent | |
5 | resolution. | |
6 | (h) Nothing contained in subsection (g) of this section shall be construed to apply to the | |
7 | following executive orders issued by the governor which shall remain in effect and may be extended | |
8 | by further executive order up to, but not beyond, September 1, 2021: | |
9 | (1) 20-06; | |
10 | (2) 20-19; | |
11 | (3) 20-37; | |
12 | (4) 20-46 as amended by 21-60; | |
13 | (5) 20-72; | |
14 | (6) 21-26; | |
15 | (7) 21-67; and | |
16 | (8) 21-68, limited to paragraph 8. | |
17 | SECTION 4. Section 31-3-33 of the General Laws in Chapter 31-3 entitled “Registration | |
18 | of Vehicles” is hereby amended to read as follows: | |
19 | 31-3-33. Renewal of registration. | |
20 | (a) Application for renewal of a vehicle registration shall be made by the owner on a proper | |
21 | application form and by payment of the registration fee for the vehicle as provided by law. | |
22 | (b) The division of motor vehicles may receive applications for renewal of registration, and | |
23 | may grant the renewal and issue new registration cards and plates at any time prior to expiration of | |
24 | registration. | |
25 | (c) Upon renewal, owners will be issued a renewal sticker for each registration plate that | |
26 | shall be placed at the bottom, right-hand corner of the plate. Owners shall be issued a new, fully | |
27 | reflective plate beginning June 1, 2020 July 1, 2022, at the time of initial registration or at the | |
28 | renewal of an existing registration and reissuance will be conducted no less than every ten (10) | |
29 | years. | |
30 | (d) No later than August 15, 2019, and every fifteenth day of the month through August | |
31 | 15, 2020, the division of motor vehicles shall submit a report outlining the previous month's activity | |
32 | and progress towards the implementation of the license plate reissuance to the chairpersons of the | |
33 | house finance and senate finance committee, the house fiscal advisor, and the senate fiscal advisor. | |
34 | The report shall include, but not be limited to, information on the status of project plans, obstacles | |
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1 | to implementation, and actions taken toward implementation. | |
2 | SECTION 5. Section 31-10.3-20 of the General Laws in Chapter 31-10.3 entitled “Rhode | |
3 | Island Uniform Commercial Driver's License Act” is hereby amended to read as follows: | |
4 | 31-10.3-20. Fees. | |
5 | The fees charged for commercial licenses, endorsements, classifications, restrictions, and | |
6 | required examinations shall be as follows: | |
7 | (1) For every commercial operator's first license, thirty dollars ($30.00); | |
8 | (2) For every renewal of a commercial license, fifty dollars ($50.00); | |
9 | (3) For every duplicate commercial license, ten dollars ($10.00); | |
10 | (4) For every duplicate commercial learner's permit, ten dollars ($10.00); | |
11 | (5) For any change of: | |
12 | (i) Classification(s), ten dollars ($10.00); | |
13 | (ii) Endorsement(s), ten dollars ($10.00); | |
14 | (iii) Restriction(s), ten dollars ($10.00); | |
15 | (6) For every written and/or oral examination, ten dollars ($10.00); | |
16 | (7) The Rhode Island board of education shall establish fees that are deemed necessary for | |
17 | the Community College of Rhode Island For the division of motor vehicles to administer the skill | |
18 | test, not to exceed one hundred dollars ($100); | |
19 | (8) For every commercial learner's permit, sixty dollars ($60.00). | |
20 | (9) [Deleted by P.L. 2019, ch. 49, § 1 and P.L. 2019, ch. 75, § 1]. | |
21 | SECTION 6. Sections 35-17-1 and 35-17-3 of the General Laws in Chapter 35-17 entitled | |
22 | “Medical Assistance and Public Assistance Caseload Estimating Conference” are hereby amended | |
23 | to read as follows: | |
24 | 35-17-1. Purpose and membership. | |
25 | (a) In order to provide for a more stable and accurate method of financial planning and | |
26 | budgeting, it is hereby declared the intention of the legislature that there be a procedure for the | |
27 | determination of official estimates of anticipated medical assistance expenditures and public | |
28 | assistance caseloads, upon which the executive budget shall be based and for which appropriations | |
29 | by the general assembly shall be made. | |
30 | (b) The state budget officer, the house fiscal advisor, and the senate fiscal advisor shall | |
31 | meet in regularly scheduled caseload estimating conferences (C.E.C.). These conferences shall be | |
32 | open public meetings. | |
33 | (c) The chairpersonship of each regularly scheduled C.E.C. will rotate among the state | |
34 | budget officer, the house fiscal advisor, and the senate fiscal advisor, hereinafter referred to as | |
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1 | principals. The schedule shall be arranged so that no chairperson shall preside over two (2) | |
2 | successive regularly scheduled conferences on the same subject. | |
3 | (d) Representatives of all state agencies are to participate in all conferences for which their | |
4 | input is germane. | |
5 | (e) The department of human services shall provide monthly data to the members of the | |
6 | caseload estimating conference by the fifteenth day of the following month. Monthly data shall | |
7 | include, but is not limited to, actual caseloads and expenditures for the following case assistance | |
8 | programs: Rhode Island Works, SSI state program, general public assistance, and child care. For | |
9 | individuals eligible to receive the payment under § 40-6-27(a)(1)(vi), the report shall include the | |
10 | number of individuals enrolled in a managed care plan receiving long-term care services and | |
11 | supports and the number receiving fee-for-service benefits. The executive office of health and | |
12 | human services shall report relevant caseload information and expenditures for the following | |
13 | medical assistance categories: hospitals, long-term care, managed care, pharmacy, and other | |
14 | medical services. In the category of managed care, caseload information and expenditures for the | |
15 | following populations shall be separately identified and reported: children with disabilities, | |
16 | children in foster care, and children receiving adoption assistance and RIte Share enrollees under § | |
17 | 40-8.4-12(j). The information shall include the number of Medicaid recipients whose estate may | |
18 | be subject to a recovery and the anticipated amount to be collected from those subject to recovery, | |
19 | the total recoveries collected each month and number of estates attached to the collections and each | |
20 | month, the number of open cases and the number of cases that have been open longer than three | |
21 | months. | |
22 | (f) Beginning July 1, 2021, behavioral healthcare, developmental disabilities and hospitals | |
23 | shall provide monthly data to the members of the caseload estimating conference by the fifteenth | |
24 | day of the following month. Monthly data shall include, but is not limited to, actual caseloads and | |
25 | expenditures for the private community developmental disabilities services program. Information | |
26 | shall include, but not be limited to the number of cases and expenditures from the beginning of the | |
27 | fiscal year at the beginning of the prior month; cases added and denied during the prior month; | |
28 | expenditures made; and the number of cases and expenditures at the end of the month. The | |
29 | information concerning cases added and denied shall include summary information and profiles of | |
30 | the service-demand request for eligible adults meeting the state statutory definition for services | |
31 | from the division of developmental disabilities as determined by the division, including age, | |
32 | Medicaid eligibility and agency selection placement with a list of the services provided, and the | |
33 | reasons for the determinations of ineligibility for those cases denied. The department shall also | |
34 | provide, monthly, the number of individuals in a shared-living arrangement and how many may | |
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1 | have returned to a 24-hour residential placement in that month. The department shall also report, | |
2 | monthly, any and all information for the consent decree that has been submitted to the federal court | |
3 | as well as the number of unduplicated individuals employed; the place of employment; and the | |
4 | number of hours working. The department shall also provide the amount of funding allocated to | |
5 | individuals above the assigned resource levels; the number of individuals and the assigned resource | |
6 | level; and the reasons for the approved additional resources. The department will also collect and | |
7 | forward to the house fiscal advisor, the senate fiscal advisor, and the state budget officer, by | |
8 | November 1 of each year, the annual cost reports for each community-based provider for the prior | |
9 | fiscal year. The department shall also provide the amount of patient liability to be collected and the | |
10 | amount collected as well as the number of individuals who have a financial obligation. The | |
11 | department will also provide a list of community-based providers awarded an advanced payment | |
12 | for residential and community-based day programs; the address for each property; and the value of | |
13 | the advancement. If the property is sold, the department must report the final sale, including the | |
14 | purchaser, the value of the sale, and the name of the agency that operated the facility. If residential | |
15 | property, the department must provide the number of individuals residing in the home at the time | |
16 | of sale and identify the type of residential placement that the individual(s) will be moving to. The | |
17 | department must report if the property will continue to be licensed as a residential facility. The | |
18 | department will also report any newly licensed twenty-four hour (24) group home; the provider | |
19 | operating the facility; and the number of individuals residing in the facility. Prior to December 1, | |
20 | 2017, the department will provide the authorizations for community-based and day programs, | |
21 | including the unique number of individuals eligible to receive the services and at the end of each | |
22 | month the unique number of individuals who participated in the programs and claims processed. | |
23 | (g) The executive office of health and human services shall provide direct assistance to the | |
24 | department of behavioral healthcare, developmental disabilities and hospitals to facilitate | |
25 | compliance with the monthly reporting requirements in addition to preparation for the caseload | |
26 | estimating conferences. | |
27 | 35-17-3. Additional meetings. | |
28 | (a) Any time during a fiscal year that any principal feels that the recommendations of the | |
29 | caseload estimating conference are no longer valid, then that principal, with the appropriate notice, | |
30 | may convene a caseload estimating conference. The principal requesting the additional conference | |
31 | shall be the chairperson for that conference. | |
32 | (b) If at any time during a fiscal year any participant feels that the recommendations of the | |
33 | caseload estimating conference are no longer valid with the respect to their caseload sources then | |
34 | that participant has a duty to and shall notify each of the principals. The director of the department | |
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1 | of human services secretary of the executive office of health and human services shall review the | |
2 | concerns of each participant and determine whether the problems are sufficient to request an | |
3 | additional conference. | |
4 | SECTION 7. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit | |
5 | System" is hereby amended to read as follows: | |
6 | 36-4-16.4. Salaries of directors. | |
7 | (a) In the month of March of each year, the department of administration shall conduct a | |
8 | public hearing to determine salaries to be paid to directors of all state executive departments for the | |
9 | following year, at which hearing all persons shall have the opportunity to provide testimony, orally | |
10 | and in writing. In determining these salaries, the department of administration will take into | |
11 | consideration the duties and responsibilities of the aforenamed officers, as well as such related | |
12 | factors as salaries paid executive positions in other states and levels of government, and in | |
13 | comparable positions anywhere that require similar skills, experience, or training. Consideration | |
14 | shall also be given to the amounts of salary adjustments made for other state employees during the | |
15 | period that pay for directors was set last. | |
16 | (b) Each salary determined by the department of administration will be in a flat amount, | |
17 | exclusive of such other monetary provisions as longevity, educational incentive awards, or other | |
18 | fringe additives accorded other state employees under provisions of law, and for which directors | |
19 | are eligible and entitled. | |
20 | (c) In no event will the department of administration lower the salaries of existing directors | |
21 | during their term of office. | |
22 | (d) Upon determination by the department of administration, the proposed salaries of | |
23 | directors will be referred to the general assembly by the last day in April of that year to go into | |
24 | effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting | |
25 | concurrently within that time. | |
26 | (e) Notwithstanding the provisions of this section, for 2015 only, the time period for the | |
27 | department of administration to conduct the public hearing shall be extended to July and the | |
28 | proposed salaries shall be referred to the general assembly by August 30. The salaries may take | |
29 | effect before next year, but all other provisions of this section shall apply. | |
30 | (f) Notwithstanding the provisions of this section or any law to the contrary, for 2017 only, | |
31 | the salaries of the director of the department of transportation, the secretary of health and human | |
32 | services, and the director of administration shall be determined by the governor. | |
33 | (g) Notwithstanding the provisions of this section or any law to the contrary, for 2021 only, | |
34 | the salary of the director of the department of children, youth and families shall be determined by | |
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1 | the governor. | |
2 | SECTION 8. Section 40.1-22-39 of the General Laws in Chapter 40.1-22 entitled | |
3 | “Developmental Disabilities” is hereby is hereby repealed. | |
4 | 40.1-22-39. Monthly reports to the general assembly. | |
5 | On or before the fifteenth (15th) day of each month, the department shall provide a | |
6 | monthly report of monthly caseload and expenditure data, pertaining to eligible, developmentally | |
7 | disabled adults, to the chairperson of the house finance committee; the chairperson of the senate | |
8 | finance committee; the house fiscal advisor; the senate fiscal advisor; and the state budget officer. | |
9 | The monthly report shall be in such form, and in such number of copies, and with such explanation | |
10 | as the house and senate fiscal advisors may require. It shall include, but is not limited to, the number | |
11 | of cases and expenditures from the beginning of the fiscal year at the beginning of the prior month; | |
12 | cases added and denied during the prior month; expenditures made; and the number of cases and | |
13 | expenditures at the end of the month. The information concerning cases added and denied shall | |
14 | include summary information and profiles of the service-demand request for eligible adults meeting | |
15 | the state statutory definition for services from the division of developmental disabilities as | |
16 | determined by the division, including age, Medicaid eligibility and agency selection placement with | |
17 | a list of the services provided, and the reasons for the determinations of ineligibility for those cases | |
18 | denied. | |
19 | The department shall also provide, monthly, the number of individuals in a shared-living | |
20 | arrangement and how many may have returned to a 24-hour residential placement in that month. | |
21 | The department shall also report, monthly, any and all information for the consent decree that has | |
22 | been submitted to the federal court as well as the number of unduplicated individuals employed; | |
23 | the place of employment; and the number of hours working. | |
24 | The department shall also provide the amount of funding allocated to individuals above the | |
25 | assigned resource levels; the number of individuals and the assigned resource level; and the reasons | |
26 | for the approved additional resources. The department will also collect and forward to the house | |
27 | fiscal advisor, the senate fiscal advisor, and the state budget officer, by November 1 of each year, | |
28 | the annual cost reports for each community-based provider for the prior fiscal year. | |
29 | The department shall also provide the amount of patient liability to be collected and the | |
30 | amount collected as well as the number of individuals who have a financial obligation. | |
31 | The department will also provide a list of community-based providers awarded an | |
32 | advanced payment for residential and community-based day programs; the address for each | |
33 | property; and the value of the advancement. If the property is sold, the department must report the | |
34 | final sale, including the purchaser, the value of the sale, and the name of the agency that operated | |
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1 | the facility. If residential property, the department must provide the number of individuals residing | |
2 | in the home at the time of sale and identify the type of residential placement that the individual(s) | |
3 | will be moving to. The department must report if the property will continue to be licensed as a | |
4 | residential facility. The department will also report any newly licensed twenty-four hour (24) group | |
5 | home; the provider operating the facility; and the number of individuals residing in the facility. | |
6 | Prior to December 1, 2017, the department will provide the authorizations for community- | |
7 | based and day programs, including the unique number of individuals eligible to receive the services | |
8 | and at the end of each month the unique number of individuals who participated in the programs | |
9 | and claims processed. | |
10 | SECTION 9. Section 42-6-3 of the General Laws in Chapter 42-6 entitled "Departments | |
11 | of State Government" is hereby amended to read as follows: | |
12 | 42-6-3. Appointment of directors. | |
13 | (a) At the January session following his or her election to office, the governor shall appoint | |
14 | a director of administration, a director of revenue, a director of public safety, a director of human | |
15 | services, a director of behavioral healthcare, developmental disabilities and hospitals, a director of | |
16 | transportation, a director of business regulation, a director of labor and training, a director of | |
17 | environmental management, a director for children, youth and families, and a director of | |
18 | corrections. The governor shall, in all cases of appointment of a director while the senate is in | |
19 | session, notify the senate of his or her appointment and the senate shall, within sixty (60) legislative | |
20 | days after receipt of the notice, act upon the appointment. If the senate shall, within sixty (60) | |
21 | legislative days, vote to disapprove the appointment, it shall so notify the governor, who shall | |
22 | forthwith appoint and notify the senate of the appointment of a different person as director and so | |
23 | on in like manner until the senate shall fail to so vote disapproval of the governor's appointment. If | |
24 | the senate shall fail, for sixty (60) legislative days next after notice, to act upon any appointment of | |
25 | which it has been notified by the governor, the person so appointed shall be the director. The | |
26 | governor may withdraw any appointment of which he or she has given notice to the senate, at any | |
27 | time within sixty (60) legislative days thereafter and before action has been taken thereon by the | |
28 | senate. | |
29 | (b) Except as expressly provided in § 42-6-9, and except that the governor may enter into | |
30 | a contract of employment for a director of the department of children, youth and families for a | |
31 | period of time up to three (3) years, no director of any department shall be appointed or employed | |
32 | pursuant to any contract of employment for a period of time greater than the remainder of the | |
33 | governor's current term of office. Any contract entered into in violation of this section after July 1, | |
34 | 1994, is hereby declared null and void. | |
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1 | SECTION 10. Section 42-9-19 of the General Laws in Chapter 42-9 entitled "Department | |
2 | of Attorney General" is hereby amended to read as follows: | |
3 | 42-9-19. Acceptance of settlements -- Attorney General settlement restricted account. | |
4 | (a) The attorney general is hereby authorized and empowered to accept in the name of the | |
5 | state any settlement resulting from a multi-state initiative. The attorney general is additionally | |
6 | authorized and empowered to recover attorney's fees and costs that shall be considered settlement | |
7 | proceeds for purposes of this chapter. | |
8 | (b) The settlement proceeds shall be transferred to the general treasurer for deposit in the | |
9 | general fund. The general treasurer shall transfer ten percent (10%) of such proceeds, up to sixty- | |
10 | five thousand dollars ($65,000) seven hundred and fifty thousand dollars ($750,000) in any fiscal | |
11 | year, to the "attorney general multi-state initiative restricted-receipt account." Any balance in | |
12 | excess of seven hundred and fifty thousand dollars ($750,000) remaining in the account at the end | |
13 | of the fiscal year shall be transferred back to the state general fund. The restricted-receipt account | |
14 | shall be used to pay for staff, operational, and litigation costs associated with multi-state initiatives. | |
15 | (c) Expenditure of all settlement proceeds accepted by the attorney general as part of the | |
16 | terms of the relevant master settlement agreement shall be subject to the annual appropriation | |
17 | process and approval by the general assembly. | |
18 | SECTION 11. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department | |
19 | of Administration" is hereby amended to read as follows: | |
20 | 42-11-2. Powers and duties of department. | |
21 | The department of administration shall have the following powers and duties: | |
22 | (1) To prepare a budget for the several state departments and agencies, subject to the | |
23 | direction and supervision of the governor; | |
24 | (2) To administer the budget for all state departments and agencies, except as specifically | |
25 | exempted by law; | |
26 | (3) To devise, formulate, promulgate, supervise, and control accounting systems, | |
27 | procedures, and methods for the state departments and agencies, conforming to such accounting | |
28 | standards and methods as are prescribed by law; | |
29 | (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and | |
30 | services needed by state departments and agencies, except as specifically exempted by law; | |
31 | (5) To prescribe standard specifications for those purchases and contracts and to enforce | |
32 | compliance with specifications; | |
33 | (6) To supervise and control the advertising for bids and awards for state purchases; | |
34 | (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus | |
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1 | and salvage, and the transfer to or between state departments and agencies of needed supplies, | |
2 | equipment, and materials; | |
3 | (8) To maintain, equip, and keep in repair the state house, state office building, and other | |
4 | premises owned or rented by the state for the use of any department or agency, excepting those | |
5 | buildings, the control of which is vested by law in some other agency; | |
6 | (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and | |
7 | property, real and personal; | |
8 | (10) To require reports from state agencies on the buildings and property in their custody; | |
9 | (11) To issue regulations to govern the protection and custody of the property of the state; | |
10 | (12) To assign office and storage space and to rent and lease land and buildings for the use | |
11 | of the several state departments and agencies in the manner provided by law; | |
12 | (13) To control and supervise the acquisition, operation, maintenance, repair, and | |
13 | replacement of state-owned motor vehicles by state agencies; | |
14 | (14) To maintain and operate central duplicating and mailing service for the several state | |
15 | departments and agencies; | |
16 | (15) To furnish the several departments and agencies of the state with other essential office | |
17 | services; | |
18 | (16) To survey and examine the administration and operation of the state departments and | |
19 | agencies, submitting to the governor proposals to secure greater administrative efficiency and | |
20 | economy, to minimize the duplication of activities, and to effect a better organization and | |
21 | consolidation of functions among state agencies; | |
22 | (17) To operate a merit system of personnel administration and personnel management as | |
23 | defined in § 36-3-3 in connection with the conditions of employment in all state departments and | |
24 | agencies within the classified service; | |
25 | (18) To assign or reassign, with the approval of the governor, any functions, duties, or | |
26 | powers established by this chapter to any agency within the department; | |
27 | (19) To establish, maintain, and operate a data processing center or centers, approve the | |
28 | acquisition and use of electronic data processing services by state agencies, furnish staff assistance | |
29 | in methods, systems and programming work to other state agencies, and arrange for and effect the | |
30 | centralization and consolidation of punch card and electronic data processing equipment and | |
31 | services in order to obtain maximum utilization and efficiency; | |
32 | (20) To devise, formulate, promulgate, supervise, and control a comprehensive and | |
33 | coordinated statewide information system designed to improve the data base used in the | |
34 | management of public resources, to consult and advise with other state departments and agencies | |
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1 | and municipalities to assure appropriate and full participation in this system, and to encourage the | |
2 | participation of the various municipalities of this state in this system by providing technical or other | |
3 | appropriate assistance toward establishing, within those municipalities, compatible information | |
4 | systems in order to obtain the maximum effectiveness in the management of public resources; | |
5 | (i) The comprehensive and coordinated statewide information system may include a Rhode | |
6 | Island geographic information system of land-related economic, physical, cultural and natural | |
7 | resources. | |
8 | (ii) In order to ensure the continuity of the maintenance and functions of the geographic | |
9 | information system, the general assembly may annually appropriate such sum as it may deem | |
10 | necessary to the department of administration for its support. | |
11 | (21) To administer a statewide planning program including planning assistance to the state | |
12 | departments and agencies; | |
13 | (22) To administer a statewide program of photography and photographic services; | |
14 | (23) To negotiate with public or private educational institutions in the state, in cooperation | |
15 | with the department of health, for state support of medical education; | |
16 | (24) To promote the expansion of markets for recovered material and to maximize their | |
17 | return to productive economic use through the purchase of materials and supplies with recycled | |
18 | content by the state of Rhode Island to the fullest extent practically feasible; | |
19 | (25) To approve costs as provided in § 23-19-32; and | |
20 | (26) To provide all necessary civil service tests for child protective investigators and social | |
21 | workers at least twice each year and to maintain an adequate hiring list for these positions at all | |
22 | times. | |
23 | (27)(a) To prepare a report every three (3) months by all current property leases or rentals | |
24 | by any state or quasi-state agency to include the following information: | |
25 | (i) Name of lessor; | |
26 | (ii) Description of the lease (purpose, physical characteristics, and location); | |
27 | (iii) Cost of the lease; | |
28 | (iv) Amount paid to date; | |
29 | (v) Date initiated; | |
30 | (vi) Date covered by the lease. | |
31 | (b) To prepare a report by October 31, 2014, of all current property owned by the state or | |
32 | leased by any state agency or quasi-state agency to include the following information: | |
33 | (i) Total square feet for each building or leased space; | |
34 | (ii) Total square feet for each building and space utilized as office space currently; | |
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1 | (iii) Location of each building or leased space; | |
2 | (iv) Ratio and listing of buildings owned by the state versus leased; | |
3 | (v) Total occupancy costs which shall include capital expenses, provided a proxy should | |
4 | be provided to compare properties that are owned versus leased by showing capital expenses on | |
5 | owned properties as a per square foot cost at industry depreciation rates; | |
6 | (vi) Expiration dates of leases; | |
7 | (vii) Number of workstations per building or leased space; | |
8 | (viii) Total square feet divided by number of workstations; | |
9 | (ix) Total number of vacant workstations; | |
10 | (x) Percentage of vacant workstations versus total workstations available; | |
11 | (xi) Date when an action is required by the state to renew or terminate a lease; | |
12 | (xii) Strategic plan for leases commencing or expiring by June 30, 2016; | |
13 | (xiii) Map of all state buildings which provides: cost per square foot to maintain, total | |
14 | number of square feet, total operating cost, date each lease expires, number of persons per building | |
15 | and total number of vacant seats per building; and | |
16 | (xiv) Industry benchmark report which shall include total operating cost by full-time | |
17 | equivalent employee, total operating cost by square foot and total square feet divided by full-time | |
18 | equivalent employee. | |
19 | (28) To prepare a report to the chairs of the House and Senate finance committees by | |
20 | December 15, 2021, and each year thereafter of all current property owned by the state or leased | |
21 | by any state agency or quasi-state agency to include the following information: | |
22 | (i) Total square feet for each building or leased space; | |
23 | (ii) Total square feet for each building and space utilized as office space currently; | |
24 | (iii) Location of each building or leased space; | |
25 | (iv) Ratio and listing of buildings owned by the state versus leased; | |
26 | (v) Total occupancy costs which shall include capital expenses, provided a proxy should | |
27 | be provided to compare properties that are owned versus leased by showing capital expenses on | |
28 | owned properties as a per square foot cost at industry depreciation rates; | |
29 | (vi) Expiration dates of leases; | |
30 | (vii) Number of workstations per building or leased space; | |
31 | (viii) Total square feet divided by number of workstations; | |
32 | (ix) Total number of vacant workstations; | |
33 | (x) Percentage of vacant workstations versus total workstations available; | |
34 | (xi) Date when an action is required by the state to renew or terminate a lease; | |
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1 | (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each | |
2 | subsequent year thereafter; | |
3 | (xiii) Map of all state buildings which provides: cost per square foot to maintain, total | |
4 | number of square feet, total operating cost, date each lease expires, number of persons per building | |
5 | and total number of vacant seats per building; and | |
6 | (xiv) Industry benchmark report which shall include total operating cost by full-time | |
7 | equivalent employee, total operating cost by square foot and total square feet divided by full-time | |
8 | equivalent employee. | |
9 | (28)(29) To provide by December 31, 1995, the availability of automatic direct deposit to | |
10 | any recipient of a state benefit payment, provided that the agency responsible for making that | |
11 | payment generates one thousand (1,000) or more such payments each month. | |
12 | (29)(30) To encourage municipalities, school districts, and quasi-public agencies to | |
13 | achieve cost savings in health insurance, purchasing, or energy usage by participating in state | |
14 | contracts, or by entering into collaborative agreements with other municipalities, districts, or | |
15 | agencies. To assist in determining whether the benefit levels including employee cost sharing and | |
16 | unit costs of such benefits and costs are excessive relative to other municipalities, districts, or quasi- | |
17 | public agencies as compared with state benefit levels and costs. | |
18 | (30)(31) To administer a health benefit exchange in accordance with chapter 157 of title | |
19 | 42. | |
20 | SECTION 12. Section 42-142-8 of the General Laws in Chapter 42-14 entitled | |
21 | “Department of Revenue” is hereby amended to read as follows: | |
22 | 42-142-8. Collection unit. | |
23 | (a) The director of the department of revenue is authorized to establish within the | |
24 | department of revenue a collection unit for the purpose of assisting state agencies in the collection | |
25 | of debts owed to the state. The director of the department of revenue may enter into an agreement | |
26 | with any state agency(ies) to collect any delinquent debt owed to the state. | |
27 | (b) The director of the department of revenue shall initially implement a pilot program to | |
28 | assist the agency(ies) with the collection of delinquent debts owed to the state. | |
29 | (c) The agency(ies) participating in the pilot program shall refer to the collection unit | |
30 | within the department of revenue, debts owed by delinquent debtors where the nature and amount | |
31 | of the debt owed has been determined and reconciled by the agency and the debt is: (i) The subject | |
32 | of a written settlement agreement and/or written waiver agreement and the delinquent debtor has | |
33 | failed to timely make payments under the agreement and/or waiver and is therefore in violation of | |
34 | the terms of the agreement and/or waiver; (ii) The subject of a final administrative order or decision | |
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1 | and the debtor has not timely appealed the order or decision; (iii) The subject of final order, | |
2 | judgment, or decision of a court of competent jurisdiction and the debtor has not timely appealed | |
3 | the order, judgment, or decision. The collection unit shall not accept a referral of any delinquent | |
4 | debt unless it satisfies subsection (c)(i), (ii) or (iii) of this section. | |
5 | (d) Any agency(ies) entering into an agreement with the department of revenue to allow | |
6 | the collection unit of the department to collect a delinquent debt owed to the state shall indemnify | |
7 | the department of revenue against injuries, actions, liabilities, or proceedings arising from the | |
8 | collection, or attempted collection, by the collection unit of the debt owed to the state. | |
9 | (e) Before referring a delinquent debt to the collection unit, the agency(ies) must notify the | |
10 | debtor of its intention to submit the debt to the collection unit for collection and of the debtor's right | |
11 | to appeal that decision not less than thirty (30) days before the debt is submitted to the collection | |
12 | unit. | |
13 | (f) At such time as the agency(ies) refers a delinquent debt to the collection unit, the agency | |
14 | shall: (i) Represent in writing to the collection unit that it has complied with all applicable state and | |
15 | federal laws and regulations relating to the collection of the debt, including, but not limited to, the | |
16 | requirement to provide the debtor with the notice of referral to the collection unit under subsection | |
17 | (e) of this section; and (ii) Provide the collection unit personnel with all relevant supporting | |
18 | documentation including, but not limited to, notices, invoices, ledgers, correspondence, | |
19 | agreements, waivers, decisions, orders, and judgments necessary for the collection unit to attempt | |
20 | to collect the delinquent debt. | |
21 | (g) The referring agency(ies) shall assist the collection unit by providing any and all | |
22 | information, expertise, and resources deemed necessary by the collection unit to collect the | |
23 | delinquent debts referred to the collection unit. | |
24 | (h) Upon receipt of a referral of a delinquent debt from an agency(ies), the amount of the | |
25 | delinquent debt shall accrue interest at the annual rate of interest established by law for the referring | |
26 | agency or at an annual rate of 13%, whichever percentage rate is greater. | |
27 | (i) Upon receipt of a referral of a delinquent debt from the agency(ies), the collection unit | |
28 | shall provide the delinquent debtor with a "Notice of Referral" advising the debtor that: | |
29 | (1) The delinquent debt has been referred to the collection unit for collection; and | |
30 | (2) The collection unit will initiate, in its names, any action that is available under state law | |
31 | for the collection of the delinquent debt, including, but not limited to, referring the debt to a third | |
32 | party to initiate said action. | |
33 | (j) Upon receipt of a referral of a delinquent debt from an agency(ies), the director of the | |
34 | department of revenue shall have the authority to institute, in its name, any action(s) that are | |
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1 | available under state law for collection of the delinquent debt and interest, penalties, and/or fees | |
2 | thereon and to, with or without suit, settle the delinquent debt. | |
3 | (k) In exercising its authority under this section, the collection unit shall comply with all | |
4 | state and federal laws and regulations related to the collection of debts. | |
5 | (l) Upon the receipt of payment from a delinquent debtor, whether a full or partial payment, | |
6 | the collection unit shall disburse/deposit the proceeds of the payment in the following order: | |
7 | (1) To the appropriate federal account to reimburse the federal government funds owed to | |
8 | them by the state from funds recovered; and | |
9 | (2) The balance of the amount collected to the referring agency. | |
10 | (m) Notwithstanding the above, the establishment of a collection unit within the department | |
11 | of revenue shall be contingent upon an annual appropriation by the general assembly of amounts | |
12 | necessary and sufficient to cover the costs and expenses to establish, maintain, and operate the | |
13 | collection unit including, but not limited to, computer hardware and software, maintenance of the | |
14 | computer system to manage the system, and personnel to perform work within the collection unit. | |
15 | (n) In addition to the implementation of any pilot program, the collection unit shall comply | |
16 | with the provisions of this section in the collection of all delinquent debts under this section. | |
17 | (o) The department of revenue is authorized to promulgate rules and regulations as it deems | |
18 | appropriate with respect to the collection unit. | |
19 | (p) By September 1, 2020, and each year thereafter, the department of revenue shall | |
20 | specifically assess the performance, effectiveness, and revenue impact of the collections associated | |
21 | with this section, including, but not limited to, the total amounts referred and collected by each | |
22 | referring agency during the previous state fiscal year to the governor, the speaker of the house of | |
23 | representatives, the president of the senate, the chairpersons of the house and senate finance | |
24 | committees, and the house and senate fiscal advisors. The report shall include the net revenue | |
25 | impact to the state of the collection unit. | |
26 | (q) No operations of a collection unit pursuant to this chapter shall be authorized after June | |
27 | 30, 2021 2023. | |
28 | SECTION 13. Section 5 shall take effect on January 1, 2022. The remaining shall take | |
29 | effect upon passage. | |
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