2021 -- H 6122 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL

YEAR ENDING JUNE 30, 2022

     

     Introduced By: Representative Marvin L. Abney

     Date Introduced: March 11, 2021

     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 2022

2

ARTICLE 2 RELATING TO STATE FUNDS

3

ARTICLE 3 RELATING TO GOVERNMENT REFORM AND REORGANIZATION

4

ARTICLE 4 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

5

ARTICLE 5 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF

6

FY 2021

7

ARTICLE 6 RELATING TO TAXES AND REVENUE

8

ARTICLE 7 RELATING TO THE ENVIRONMENT

9

ARTICLE 8 RELATING TO PUBLIC UTILITIES AND CARRIERS

10

ARTICLE 9 RELATING TO ECONOMIC DEVELOPMENT

11

ARTICLE 10 RELATING TO EDUCATION

12

ARTICLE 11 RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND

13

OPERATING SPACE

14

ARTICLE 12 RELATING TO MEDICAL ASSISTANCE

15

ARTICLE 13 RELATING TO HUMAN SERVICES

16

ARTICLE 14 RELATING TO HOUSING

17

ARTICLE 15 RELATING TO EFFECTIVE DATE

 

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1

     ARTICLE 1

2

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022

3

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

4

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

5

treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2022.

6

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

7

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

8

and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw

9

his or her orders upon the general treasurer for the payment of such sums or such portions thereof

10

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

11

Administration

12

Central Management

13

General Revenues 2,569,679

14

Federal Funds 261,031,499

15

Total – Central Management 263,601,178

16

Legal Services

17

General Revenues 2,262,149

18

Accounts and Control

19

General Revenues 4,103,385

20

Restricted Receipts – OPEB Board Administration 137,697

21

Restricted Receipts – Grants Management Administration 9,096,567

22

Total – Accounts and Control 13,337,649

23

Office of Management and Budget

24

General Revenues 8,285,227

25

Federal Funds 224,755

26

Restricted Receipts 300,000

27

Other Funds 1,117,615

28

Total – Office of Management and Budget 9,927,597

29

Purchasing

30

General Revenues 3,275,536

 

1

Restricted Receipts 298,059

2

Other Funds 497,386

3

Total – Purchasing 4,070,981

4

Human Resources

5

General Revenues 1,099,549

6

Personnel Appeal Board

7

General Revenues 120,050

8

Information Technology

9

General Revenues 721,340

10

Restricted Receipts 9,625,165

11

Provided that of the total available in the Information Technology Investment Fund as of July

12

1, 2021, $50.0 million shall be made available for the implementation and development of the

13

Enterprise Resource Planning Information Technology Improvements project. Provided further

14

that $17.0 million shall be made available for a new child welfare system to replace the current

15

Rhode Island Children’s Information System.

16

Total – Information Technology 10,346,505

17

Library and Information Services

18

General Revenues 1,640,558

19

Federal Funds 3,796,916

20

Restricted Receipts 6,990

21

Total – Library and Information Services 5,444,464

22

Planning

23

General Revenues 663,930

24

Federal Funds 22,700

25

Other Funds

26

Air Quality Modeling 24,000

27

Federal Highway – PL Systems Planning 3,483,469

28

State Transportation Planning Match 485,673

29

FTA – Metro Planning Grant 1,241,337

30

Total – Planning 5,921,109

31

General

32

General Revenues

33

Miscellaneous Grants/Payments 130,000

34

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

 

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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 2 of 39)

1

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

2

Torts – Courts/Awards 650,000

3

Resource Sharing and State Library Aid 9,562,072

4

Library Construction Aid 2,102,866

5

Restricted Receipts 700,000

6

Other Funds

7

Rhode Island Capital Plan Funds

8

Security Measures State Buildings 500,000

9

Energy Efficiency Improvements 1,250,000

10

Cranston Street Armory 325,000

11

State House Renovations 1,478,000

12

Zambarano Utilities & Infrastructure 350,000

13

Replacement of Fueling Tanks 800,000

14

Environmental Compliance 400,000

15

Big River Management Area 250,000

16

Shepard Building 1,500,000

17

Pastore Center Water Tanks & Pipes 100,000

18

RI Convention Center Authority 2,000,000

19

Pastore Center Power Plant Rehabilitation 734,000

20

Accessibility – Facility Renovations 1,000,000

21

DoIT Enterprise Operations Center 800,000

22

BHDDH MH & Community Facilities – Asset Protection 300,000

23

BHDDH DD & Community Homes – Fire Code 325,000

24

BHDDH DD Regional Facilities – Asset Protection 450,000

25

BHDDH Substance Abuse Asset Protection 375,000

26

BHDDH Group Homes 750,000

27

Statewide Facility Master Plan 116,467

28

Cannon Building 800,000

29

Old State House 100,000

30

State Office Building 100,000

31

State Office Reorganization & Relocation 500,000

32

William Powers Building 1,800,000

33

Pastore Center Utilities Upgrade 175,000

34

Pastore Center Non-Medical Buildings Asset Protection 3,170,000

 

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1

Washington County Government Center 500,000

2

Chapin Health Laboratory 500,000

3

Medical Examiner New Facility 4,500,000

4

560 Jefferson Blvd Asset Protection 150,000

5

Arrigan Center 197,500

6

Dunkin Donuts Center 2,300,000

7

Pastore Center Building Demolition 1,000,000

8

Veterans Auditorium 285,000

9

Total – General 43,025,905

10

Debt Service Payments

11

General Revenues 145,424,890

12

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

13

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

14

maximum debt service due in accordance with the loan agreement.

15

Other Funds

16

Transportation Debt Service 39,205,402

17

Investment Receipts – Bond Funds 100,000

18

Total - Debt Service Payments 184,730,292

19

Energy Resources

20

Federal Funds 761,478

21

Restricted Receipts 8,791,172

22

Total – Energy Resources 9,552,650

23

Rhode Island Health Benefits Exchange

24

General Revenues 2,820,336

25

Federal Funds 5,239,671

26

Restricted Receipts 16,842,483

27

Total – Rhode Island Health Benefits Exchange 24,902,490

28

Office of Diversity, Equity & Opportunity

29

General Revenues 1,245,968

30

Other Funds 112,623

31

Total – Office of Diversity, Equity & Opportunity 1,358,591

32

Capital Asset Management and Maintenance

33

General Revenues 9,354,998

34

Federal Funds 4,363,888

 

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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 4 of 39)

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Total – Capital Asset Management and Maintenance 13,718,886

2

Grand Total – Administration 593,420,045

3

Business Regulation

4

Central Management

5

General Revenues 3,232,684

6

Banking Regulation

7

General Revenues 1,620,824

8

Restricted Receipts 75,000

9

Total – Banking Regulation 1,695,824

10

Securities Regulation

11

General Revenues 817,118

12

Restricted Receipts 15,000

13

Total – Securities Regulation 832,118

14

Insurance Regulation

15

General Revenues 4,152,139

16

Restricted Receipts 2,033,882

17

Total – Insurance Regulation 6,186,021

18

Office of the Health Insurance Commissioner

19

General Revenues 1,659,713

20

Federal Funds 120,000

21

Restricted Receipts 496,092

22

Total – Office of the Health Insurance Commissioner 2,275,805

23

Board of Accountancy

24

General Revenues 5,883

25

Commercial Licensing and Gaming and Athletics Licensing

26

General Revenues 1,053,287

27

Restricted Receipts 890,069

28

Total – Commercial Licensing and Gaming and Athletics Licensing 1,943,356

29

Building, Design and Fire Professionals

30

General Revenues 6,297,958

31

Federal Funds 186,000

32

Restricted Receipts 1,744,025

33

Other Funds

34

Quonset Development Corporation 67,928

 

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Total – Building, Design and Fire Professionals 8,295,911

2

Office of Cannabis Regulation

3

Restricted Receipts 1,034,441

4

Grand Total – Business Regulation 25,502,043

5

Executive Office of Commerce

6

Central Management

7

General Revenues 2,202,211

8

Federal Funds 7,311,225

9

Total – Central Management 9,513,436

10

Housing and Community Development

11

General Revenues 26,046,591

12

Federal Funds 29,553,645

13

Restricted Receipts 7,698,884

14

Total – Housing and Community Development 63,299,120

15

Quasi–Public Appropriations

16

General Revenues

17

Rhode Island Commerce Corporation 7,659,565

18

Airport Impact Aid 1,010,036

19

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

20

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

21

total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)

22

of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2020

23

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

24

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

25

shall make an impact payment to the towns or cities in which the airport is located based on this

26

calculation. Each community upon which any part of the above airports is located shall receive at

27

least $25,000.

28

STAC Research Alliance 900,000

29

Innovative Matching Grants/Internships 1,000,000

30

I-195 Redevelopment District Commission 761,000

31

Polaris Manufacturing Grant 350,000

32

East Providence Waterfront Commission 50,000

33

Urban Ventures 140,000

34

Chafee Center at Bryant 476,200

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 6 of 39)

1

Quonset Development Corporation 1,200,000

2

Municipal Infrastructure Bank Match 1,000,000

3

Other Funds

4

Rhode Island Capital Plan Funds

5

Quonset Point Infrastructure 6,000,000

6

I-195 Redevelopment District Commission 578,000

7

Total – Quasi–Public Appropriations 21,124,801

8

Economic Development Initiatives Fund

9

General Revenues

10

Innovation Initiative 1,000,000

11

Rebuild RI Tax Credit Fund 52,500,000

12

Small Business Promotion 300,000

13

Small Business Assistance 650,000

14

Federal Funds

15

State Small Business Credit Initiative 56,234,176

16

Total – Economic Development Initiatives Fund 110,684,176

17

Commerce Programs

18

General Revenues

19

Wavemaker Fellowship 1,600,000

20

Grand Total – Executive Office of Commerce 206,221,533

21

Labor and Training

22

Central Management

23

General Revenues 712,826

24

Restricted Receipts 126,519

25

Total – Central Management 839,345

26

Workforce Development Services

27

General Revenues 904,898

28

Federal Funds 18,817,837

29

Other Funds 82,525

30

Total – Workforce Development Services 19,805,260

31

Workforce Regulation and Safety

32

General Revenues 3,489,965

33

Income Support

34

General Revenues 3,801,667

 

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1

Federal Funds 407,411,048

2

Restricted Receipts 2,770,811

3

Other Funds

4

Temporary Disability Insurance Fund 205,490,965

5

Employment Security Fund 284,125,000

6

Total – Income Support 903,599,491

7

Injured Workers Services

8

Restricted Receipts 11,172,336

9

Labor Relations Board

10

General Revenues 407,364

11

Governor’s Workforce Board

12

General Revenues 6,050,000

13

Provided that $600,000 of these funds shall be used for enhanced training for direct care and

14

support services staff to improve resident quality of care and address the changing health care needs

15

of nursing facility residents due to higher acuity and increased cognitive impairments pursuant to

16

Rhode Island General Laws, Section 23-17.5-36.

17

Federal Funds 9,536,150

18

Restricted Receipts 13,849,054

19

Total – Governor’s Workforce Board 29,435,204

20

Grand Total – Labor and Training 968,748,965

21

Department of Revenue

22

Director of Revenue

23

General Revenues 1,792,985

24

Office of Revenue Analysis

25

General Revenues 889,151

26

Lottery Division

27

Other Funds 434,215,853

28

Municipal Finance

29

General Revenues 1,718,168

30

Federal Funds 131,957,594

31

Total – Municipal Finance 133,675,762

32

Taxation

33

General Revenues 32,673,073

34

Restricted Receipts 2,221,812

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
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1

Other Funds

2

Motor Fuel Tax Evasion 155,000

3

Total – Taxation 35,049,885

4

Registry of Motor Vehicles

5

General Revenues 30,331,973

6

Federal Funds 462,404

7

Restricted Receipts 1,692,587

8

Total – Registry of Motor Vehicles 32,486,964

9

State Aid

10

General Revenues

11

Distressed Communities Relief Fund 12,384,458

12

Payment in Lieu of Tax Exempt Properties 46,089,504

13

Motor Vehicle Excise Tax Payments 139,656,362

14

Property Revaluation Program 1,503,677

15

Restricted Receipts 995,120

16

Total – State Aid 200,629,121

17

Collections

18

General Revenues 828,769

19

Grand Total – Revenue 839,568,490

20

Legislature

21

General Revenues 44,844,662

22

Restricted Receipts 1,782,425

23

Grand Total – Legislature 46,627,087

24

Lieutenant Governor

25

General Revenues 1,199,161

26

Secretary of State

27

Administration

28

General Revenues 3,633,858

29

Corporations

30

General Revenues 2,539,285

31

State Archives

32

General Revenues 243,954

33

Restricted Receipts 447,148

34

Total – State Archives 691,102

 

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(Page 9 of 39)

1

Elections and Civics

2

General Revenues 2,067,371

3

Federal Funds 1,810,000

4

Total – Elections and Civics 3,877,371

5

State Library

6

General Revenues 768,685

7

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

8

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

9

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

10

Office of Public Information

11

General Revenues 521,918

12

Receipted Receipts 25,000

13

Total – Office of Public Information 546,918

14

Grand Total – Secretary of State 12,057,219

15

General Treasurer

16

Treasury

17

General Revenues 2,582,131

18

Federal Funds 308,416

19

Other Funds

20

Temporary Disability Insurance Fund 263,421

21

Tuition Savings Program – Administration 382,476

22

Total –Treasury 3,536,444

23

State Retirement System

24

Restricted Receipts

25

Admin Expenses – State Retirement System 11,427,273

26

Retirement – Treasury Investment Operations 1,871,467

27

Defined Contribution – Administration 300,234

28

Total – State Retirement System 13,598,974

29

Unclaimed Property

30

Restricted Receipts 28,902,766

31

Crime Victim Compensation Program

32

General Revenues 646,179

33

Federal Funds 422,493

34

Restricted Receipts 713,007

 

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(Page 10 of 39)

1

Total – Crime Victim Compensation Program 1,781,679

2

Grand Total – General Treasurer 47,819,863

3

Board of Elections

4

General Revenues 2,671,768

5

Rhode Island Ethics Commission

6

General Revenues 1,867,351

7

Office of Governor

8

General Revenues

9

General Revenues 6,553,626

10

Contingency Fund 150,000

11

Grand Total – Office of Governor 6,703,626

12

Commission for Human Rights

13

General Revenues 1,486,581

14

Federal Funds 422,418

15

Grand Total – Commission for Human Rights 1,908,999

16

Public Utilities Commission

17

Federal Funds 540,253

18

Restricted Receipts 11,926,093

19

Grand Total – Public Utilities Commission 12,466,346

20

Office of Health and Human Services

21

Central Management

22

General Revenues 44,961,144

23

Federal Funds 121,027,873

24

Restricted Receipts 22,897,651

25

Total – Central Management 188,886,668

26

Medical Assistance

27

General Revenues

28

Managed Care 344,346,294

29

Hospitals 94,772,895

30

Of the general revenue funding, $2.0 million shall be provided for Graduate Medical

31

Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center

32

and $1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care.

33

Nursing Facilities 147,255,515

34

Home and Community Based Services 43,405,421

 

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1

Other Services 128,944,587

2

Pharmacy 69,142,220

3

Rhody Health 188,362,579

4

Other Programs 39,000,000

5

Federal Funds

6

Managed Care 509,180,803

7

Hospitals 120,363,721

8

Nursing Facilities 201,490,261

9

Home and Community Based Services 59,310,041

10

Other Services 751,902,189

11

Pharmacy 57,780

12

Rhody Health 255,260,108

13

Other Programs 36,288,580

14

Restricted Receipts 17,792,796

15

Total – Medical Assistance 3,006,875,790

16

Grand Total – Office of Health and Human Services 3,195,762,458

17

Children, Youth, and Families

18

Central Management

19

General Revenues 14,120,765

20

Federal Funds 4,914,204

21

Total – Central Management 19,034,969

22

Children's Behavioral Health Services

23

General Revenues 7,579,739

24

Federal Funds 6,718,331

25

Total – Children's Behavioral Health Services 14,298,070

26

Juvenile Correctional Services

27

General Revenues 21,401,081

28

Federal Funds 274,541

29

Other Funds

30

Rhode Island Capital Plan Funds

31

Training School Asset Protection 250,000

32

Total – Juvenile Correctional Services 21,925,622

33

Child Welfare

34

General Revenues 149,983,357

 

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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 12 of 39)

1

Federal Funds 69,549,337

2

Restricted Receipts 1,487,111

3

Total – Child Welfare 221,019,805

4

Higher Education Incentive Grants

5

General Revenues 200,000

6

Grand Total – Children, Youth, and Families 276,478,466

7

Health

8

Central Management

9

General Revenues 3,232,283

10

Federal Funds 4,631,858

11

Restricted Receipts 27,871,484

12

     Provided that the disbursement of any indirect cost recoveries on federal grants budgeted

13

in this line item that are derived from grants authorized under The Coronavirus Preparedness and

14

Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus

15

Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-

16

136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); and

17

the Consolidated Appropriations Act, 2021 (P.L. 116-260), are hereby subject to the review and

18

prior approval of the Director of Management and Budget. No obligation or expenditure of these

19

funds shall take place without such approval.

20

Total – Central Management 35,735,625

21

Community Health and Equity

22

General Revenues 1,325,578

23

Federal Funds 70,929,222

24

Restricted Receipts 39,122,956

25

Total – Community Health and Equity 111,377,756

26

Environmental Health

27

General Revenues 5,744,839

28

Federal Funds 7,382,886

29

Restricted Receipts 738,436

30

Total – Environmental Health 13,866,161

31

Health Laboratories and Medical Examiner

32

General Revenues 10,149,765

33

Federal Funds 2,398,469

34

Other Funds

 

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1

Rhode Island Capital Plan Funds

2

Health Laboratories & Medical Examiner Equipment 600,000

3

Total – Health Laboratories and Medical Examiner 13,148,234

4

Customer Services

5

General Revenues 7,729,808

6

Federal Funds 5,158,613

7

Restricted Receipts 2,094,387

8

Total – Customer Services 14,982,808

9

Policy, Information and Communications

10

General Revenues 908,676

11

Federal Funds 2,934,574

12

Restricted Receipts 1,103,113

13

Total – Policy, Information and Communications 4,946,363

14

Preparedness, Response, Infectious Disease & Emergency Services

15

General Revenues 1,939,241

16

Federal Funds 22,016,363

17

Total – Preparedness, Response, Infectious Disease & Emergency Services 23,955,604

18

COVID-19

19

Federal Funds 220,242,053

20

Grand Total - Health 438,254,604

21

Human Services

22

Central Management

23

General Revenues 5,119,898

24

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

25

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

26

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

27

supportive services through Day One, $350,000 is for food collection and distribution through the

28

Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads

29

Rhode Island, $600,000 for the Community Action Fund and $200,000 is for the Institute for the

30

Study and Practice of Nonviolence’s Reduction Strategy.

31

Federal Funds 7,961,909

32

Restricted Receipts 150,000

33

Total – Central Management 13,231,807

34

Child Support Enforcement

 

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(Page 14 of 39)

1

General Revenues 2,933,192

2

Federal Funds 8,889,388

3

Restricted Receipts 4,100,000

4

Total – Child Support Enforcement 15,922,580

5

Individual and Family Support

6

General Revenues 39,027,408

7

Federal Funds 203,976,967

8

Restricted Receipts 255,255

9

Other Funds

10

Rhode Island Capital Plan Funds

11

Blind Vending Facilities 165,000

12

Total – Individual and Family Support 243,424,630

13

Office of Veterans Services

14

General Revenues 28,573,995

15

Of this amount, $200,000 is to provide support services through Veterans’ organizations.

16

Federal Funds 11,296,289

17

Restricted Receipts 1,571,061

18

Other Funds

19

Rhode Island Capital Plan Funds

20

Veterans Home Asset Protection 350,000

21

Veterans Cemetery Crypt Installation/Expansion 380,000

22

Total – Office of Veterans Services 42,171,345

23

Health Care Eligibility

24

General Revenues 8,069,136

25

Federal Funds 13,277,285

26

Total – Health Care Eligibility 21,346,421

27

Supplemental Security Income Program

28

General Revenues 17,950,819

29

Rhode Island Works

30

General Revenues 8,659,085

31

Federal Funds 86,375,347

32

Total – Rhode Island Works 95,034,432

33

Other Programs

34

General Revenues 851,704

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 15 of 39)

1

Of this appropriation, $90,000 shall be used for hardship contingency payments.

2

Federal Funds 254,157,901

3

Restricted Receipts 8,000

4

Total – Other Programs 255,017,605

5

Office of Healthy Aging

6

General Revenues 12,130,918

7

     Of this amount, $325,000 is to provide elder services, including respite, through the

8

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

9

Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 for security for

10

housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $800,000

11

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

12

Wheels.

13

Federal Funds 20,607,297

14

Restricted Receipts 106,161

15

Other Funds

16

Intermodal Surface Transportation Fund 4,269,970

17

Total – Office of Healthy Aging 37,114,346

18

Grand Total – Human Services 741,213,985

19

Behavioral Healthcare, Developmental Disabilities, and Hospitals

20

Central Management

21

General Revenues 5,000,299

22

Federal Funds 1,352,665

23

Total – Central Management 6,352,964

24

Hospital and Community System Support

25

General Revenues 3,433,367

26

Federal Funds 9,899

27

Restricted Receipts 300,000

28

Total – Hospital and Community System Support 3,743,266

29

Services for the Developmentally Disabled

30

General Revenues 145,293,304

31

     Of this general revenue funding, $16,780,500 shall be expended on certain community-

32

based department of behavioral healthcare, developmental disabilities and hospitals (BHDDH)

33

developmental disability private provider and self-directed consumer direct care service worker

34

raises and associated payroll cost as authorized by BHDDH. Any increases for direct support staff

 

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and residential or other community-based setting must first receive the approval of BHDDH. A

2

total of $1,000,000 shall be expended on state infrastructure to implement and manage compliance

3

with most recent consent decree initiatives of which all unexpended or unencumbered balances, at

4

the end of the fiscal year, shall be reappropriated to the ensuing fiscal year and made immediately

5

available for the same purposes.

6

Federal Funds 189,882,388

7

     Of this federal funding, $22,964,880 shall be expended on certain community-based

8

department of behavioral healthcare, developmental disabilities and hospitals (BHDDH)

9

developmental disability private provider and self-directed consumer direct care service worker

10

raises and associated payroll cost as authorized by BHDDH. Any increases for direct support staff

11

and residential or other community-based setting must first receive the approval of BHDDH. A

12

total of $1,000,000 shall be expended on state infrastructure to implement and manage compliance

13

with most recent consent decree initiatives of which all unexpended or unencumbered balances, at

14

the end of the fiscal year, shall be reappropriated to the ensuing fiscal year and made immediately

15

available for the same purposes.

16

Restricted Receipts 1,410,300

17

Other Funds

18

Rhode Island Capital Plan Funds

19

DD Residential Development 100,000

20

Total – Services for the Developmentally Disabled 336,685,992

21

Behavioral Healthcare Services

22

General Revenues 2,245,753

23

Federal Funds 53,811,306

24

Restricted Receipts 2,476,600

25

Total – Behavioral Healthcare Services 58,533,659

26

Hospital and Community Rehabilitative Services

27

General Revenues 115,970,100

28

Federal Funds 2,003,522

29

Restricted Receipts 9,750

30

Other Funds

31

Rhode Island Capital Plan Funds

32

Hospital Equipment 300,000

33

Total - Hospital and Community Rehabilitative Services 118,283,372

34

Grand Total – Behavioral Healthcare, Developmental Disabilities, and

 

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Hospitals 523,599,253

2

Office of the Child Advocate

3

General Revenues 1,036,219

4

Federal Funds 207,307

5

Grand Total – Office of the Child Advocate 1,243,526

6

Commission on the Deaf and Hard of Hearing

7

General Revenues 655,862

8

Restricted Receipts 162,802

9

Grand Total – Comm. On Deaf and Hard-of-Hearing 818,664

10

Governor’s Commission on Disabilities

11

General Revenues

12

General Revenues 582,860

13

Livable Home Modification Grant Program 507,850

14

     Provided that this will be used for home modification and accessibility enhancements to

15

construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.

16

This will be in consultation with the Executive Office of Health and Human Services.

17

Federal Funds 380,316

18

Restricted Receipts 59,455

19

Total – Governor’s Commission on Disabilities 1,530,481

20

Office of the Mental Health Advocate

21

General Revenues 680,190

22

Elementary and Secondary Education

23

Administration of the Comprehensive Education Strategy

24

General Revenues 24,339,679

25

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

26

Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to

27

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

28

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

29

families as a strategy to accelerate student achievement.

30

Federal Funds 324,772,666

31

     Provided that $684,000 from the Department’s administrative share of Individuals with

32

Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to

33

support the Rhode Island Vision Education and Services Program.

34

Restricted Receipts

 

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Restricted Receipts 1,766,808

2

HRIC Adult Education Grants 3,500,000

3

Total – Admin. of the Comprehensive Ed. Strategy 354,379,153

4

Davies Career and Technical School

5

General Revenues 14,437,904

6

Federal Funds 4,546,489

7

Restricted Receipts 4,819,592

8

Other Funds

9

Rhode Island Capital Plan Funds

10

Davies School HVAC 900,000

11

Davies School Asset Protection 665,000

12

Davies School Healthcare Classroom Renovations 500,000

13

Total – Davies Career and Technical School 25,868,985

14

RI School for the Deaf

15

General Revenues 7,402,627

16

Federal Funds 581,126

17

Restricted Receipts 469,779

18

Other Funds

19

School for the Deaf Transformation Grants 59,000

20

Rhode Island Capital Plan Funds

21

School for the Deaf Asset Protection 250,000

22

Total – RI School for the Deaf 8,762,532

23

Metropolitan Career and Technical School

24

General Revenues 9,342,007

25

Federal Funds 4,667,210

26

Other Funds

27

Rhode Island Capital Plan Funds

28

MET School Asset Protection 250,000

29

Total – Metropolitan Career and Technical School 14,259,217

30

Education Aid

31

General Revenues 1,023,707,116

32

     Provided that the criteria for the allocation of early childhood funds shall prioritize

33

prekindergarten seats and classrooms for four-year-olds whose family income is at or below one

34

hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities

 

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with higher concentrations of low performing schools.

2

Federal Funds 508,943,494

3

Restricted Receipts 36,146,758

4

Other Funds

5

Permanent School Fund 300,000

6

Total – Education Aid 1,569,097,368

7

Central Falls School District

8

General Revenues 47,702,746

9

Federal Funds 22,041,316

10

Total – Central Falls School District 69,744,062

11

School Construction Aid

12

General Revenues

13

School Housing Aid 79,409,186

14

School Building Authority Capital Fund 590,814

15

Total – School Construction Aid 80,000,000

16

Teachers' Retirement

17

General Revenues 123,916,166

18

Grand Total – Elementary and Secondary Education 2,246,027,483

19

Public Higher Education

20

Office of Postsecondary Commissioner

21

General Revenues 26,979,920

22

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

23

the Rhode Island General Law, Section 16-70-5 and that $75,000 shall be allocated to Best Buddies

24

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

25

It is also provided that $7,680,838 shall be allocated to the Rhode Island Promise Scholarship

26

program, $9,595,000 shall be allocated to the Last Dollar Scholarship program, and $147,000 shall

27

be used to support Rhode Island’s membership in the New England Board of Higher Education.

28

Federal Funds

29

Federal Funds 6,780,470

30

Guaranty Agency Administration 400,000

31

     Provided that an amount equivalent to not more than ten (10) percent of the guaranty

32

agency operating fund appropriated for direct scholarship and grants in fiscal year 2022 shall be

33

appropriated for guaranty agency administration in fiscal year 2022. This limitation

34

notwithstanding, final appropriations for fiscal year 2022 for guaranty agency administration may

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
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also include any residual monies collected during fiscal year 2022 that relate to guaranty agency

2

operations, in excess of the foregoing limitation.

3

Restricted Receipts 3,485,642

4

Other Funds

5

Tuition Savings Program – Dual Enrollment 2,300,000

6

Nursing Education Center – Operating 2,589,674

7

Rhode Island Capital Plan Funds

8

Higher Education Centers 3,932,500

9

Provided that the state fund no more than 50.0 percent of the total project cost.

10

Total – Office of Postsecondary Commissioner 46,468,206

11

University of Rhode Island

12

General Revenues

13

General Revenues 84,177,615

14

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

15

$700,000 shall be allocated to the Small Business Development Center and that $50,000 shall be

16

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

17

opportunities for individuals with intellectual and developmental disabilities.

18

Debt Service 29,837,239

19

RI State Forensics Laboratory 1,317,901

20

Federal Funds 48,542,655

21

Other Funds

22

University and College Funds 685,449,813

23

Debt – Dining Services 979,827

24

Debt – Education and General 4,833,788

25

Debt – Health Services 119,246

26

Debt – Housing Loan Funds 12,771,303

27

Debt – Memorial Union 322,507

28

Debt – Ryan Center 2,734,158

29

Debt – Parking Authority 1,311,087

30

Debt – Restricted Energy Conservation 530,994

31

Debt – URI Energy Conservation 2,039,606

32

Rhode Island Capital Plan Funds

33

Asset Protection 9,900,000

34

Total – University of Rhode Island 884,867,739

 

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

2

unencumbered balances as of June 30, 2022 relating to the University of Rhode Island are hereby

3

reappropriated to fiscal year 2023.

4

Rhode Island College

5

General Revenues

6

General Revenues 58,108,155

7

Debt Service 6,024,998

8

Federal Funds 34,573,206

9

Other Funds

10

University and College Funds 113,860,455

11

Debt – Education and General 881,355

12

Debt – Housing 366,667

13

Debt – Student Center and Dining 155,000

14

Debt – Student Union 208,800

15

Debt – G.O. Debt Service 1,642,434

16

Debt – Energy Conservation 674,475

17

Rhode Island Capital Plan Funds

18

Asset Protection 4,733,000

19

Infrastructure Modernization 4,550,000

20

Total – Rhode Island College 225,778,545

21

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

22

unencumbered balances as of June 30, 2022 relating to Rhode Island College are hereby

23

reappropriated to fiscal year 2023.

24

Community College of Rhode Island

25

General Revenues

26

General Revenues 52,427,080

27

Debt Service 1,095,685

28

Federal Funds 67,577,643

29

Restricted Receipts 660,191

30

Other Funds

31

University and College Funds 99,556,679

32

Rhode Island Capital Plan Funds

33

Asset Protection 3,037,615

34

Knight Campus Renewal 3,000,000

 

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Knight Campus Lab Renovation 887,902

2

Data, Cabling, and Power Infrastructure 1,500,000

3

Flanagan Campus Renovation and Modernization 2,000,000

4

Total – Community College of RI 231,742,795

5

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

6

unencumbered balances as of June 30, 2022 relating to the Community College of Rhode Island

7

are hereby reappropriated to fiscal year 2023.

8

Grand Total – Public Higher Education 1,388,857,285

9

RI State Council on the Arts

10

General Revenues

11

Operating Support 883,651

12

Grants 1,165,000

13

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

14

Providence art installations.

15

Federal Funds 2,677,642

16

Restricted Receipts 40,000

17

Other Funds

18

Art for Public Facilities 495,000

19

Grand Total – RI State Council on the Arts 5,261,293

20

RI Atomic Energy Commission

21

General Revenues 1,076,170

22

Federal Funds 477,000

23

Restricted Receipts 25,036

24

Other Funds

25

URI Sponsored Research 331,367

26

Rhode Island Capital Plan Funds

27

RINSC Asset Protection 50,000

28

Grand Total – RI Atomic Energy Commission 1,959,573

29

RI Historical Preservation and Heritage Commission

30

General Revenues 1,390,704

31

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

32

activities.

33

Federal Funds 697,162

34

Restricted Receipts 424,100

 

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Other Funds

2

RIDOT Project Review 150,379

3

Grand Total – RI Historical Preservation and Heritage Comm. 2,662,345

4

Attorney General

5

Criminal

6

General Revenues 17,949,759

7

Federal Funds 3,206,560

8

Restricted Receipts 204,734

9

Total – Criminal 21,361,053

10

Civil

11

General Revenues 5,897,317

12

Restricted Receipts 1,172,929

13

Total – Civil 7,070,246

14

Bureau of Criminal Identification

15

General Revenues 1,836,927

16

Federal Funds 238,000

17

Restricted Receipts 1,005,774

18

Total – Bureau of Criminal Identification 3,080,701

19

General

20

General Revenues 4,136,361

21

Other Funds

22

Rhode Island Capital Plan Funds

23

Building Renovations and Repairs 150,000

24

Total – General 4,286,361

25

Grand Total – Attorney General 35,798,361

26

Corrections

27

Central Management

28

General Revenues 15,823,807

29

Parole Board

30

General Revenues 1,402,115

31

Federal Funds 77,534

32

Total – Parole Board 1,479,649

33

Custody and Security

34

General Revenues 138,679,834

 

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Federal Funds 1,044,858

2

Total – Custody and Security 139,724,692

3

Institutional Support

4

General Revenues 24,292,177

5

Other Funds

6

Rhode Island Capital Plan Funds

7

Asset Protection 5,125,000

8

Total – Institutional Support 29,417,177

9

Institutional Based Rehab./Population Management

10

General Revenues 11,727,119

11

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

12

discharge planning.

13

Federal Funds 832,927

14

Restricted Receipts 49,600

15

Total – Institutional Based Rehab/Population Mgt. 12,609,646

16

Healthcare Services

17

General Revenues 25,847,217

18

     Of this general revenue funding, $750,000 shall be expended to expand access to

19

behavioral healthcare for individuals with severe and persistent mental illnesses incarcerated at the

20

Adult Correctional Institutions. Funds shall be dedicated to planning for and, as practicable,

21

creation of a Transitional Care Unit to provide robust behavioral healthcare to individuals in this

22

population whose needs do not rise to the level of requiring care at the existing Residential

23

Treatment Unit at the High Security facility but who nonetheless would require or benefit from a

24

level of care beyond that which is delivered to the general population. All disbursements from this

25

fund must occur in pursuit of collaborative development by the Department of Corrections, the

26

Office of the Governor, and the Office of Management and Budget of a final approved long-term

27

strategy for meeting the needs of the severely and persistently mentally ill population, or in

28

furtherance of the needs and goals identified in the final approved long-term strategy, potentially

29

including but not limited to creation of a Transitional Care Unit and expansion of programming.

30

All unexpended or unencumbered balances of this fund, at the end of any fiscal year, shall be

31

reappropriated to the ensuing fiscal year and made immediately available for the same purposes.

32

Federal Funds 54,000

33

Restricted Receipts 2,274,537

34

Total – Healthcare Services 28,175,754

 

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1

Community Corrections

2

General Revenues 18,577,675

3

Federal Funds 97,867

4

Restricted Receipts 14,883

5

Total – Community Corrections 18,690,425

6

Grand Total – Corrections 245,921,150

7

Judiciary

8

Supreme Court

9

General Revenues

10

General Revenues 29,988,350

11

     Provided however, that no more than $1,435,110 in combined total shall be offset to the

12

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

13

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

14

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

15

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

16

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

17

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

18

Defense of Indigents 5,075,432

19

Federal Funds 138,354

20

Restricted Receipts 3,861,095

21

Other Funds

22

Rhode Island Capital Plan Funds

23

Garrahy Courtroom Restoration 250,000

24

Murray Courtroom Restoration 700,000

25

Judicial Complexes – HVAC 1,000,000

26

Judicial Complexes Asset Protection 1,500,000

27

Judicial Complexes Fan Coil Unit Replacements 750,000

28

Licht Judicial Complex Restoration 750,000

29

Total - Supreme Court 44,013,231

30

Judicial Tenure and Discipline

31

General Revenues 155,863

32

Superior Court

33

General Revenues 25,022,380

34

Federal Funds 111,553

 

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(Page 26 of 39)

1

Restricted Receipts 407,207

2

Total – Superior Court 25,541,140

3

Family Court

4

General Revenues 23,507,538

5

Federal Funds 3,106,857

6

Total – Family Court 26,614,395

7

District Court

8

General Revenues 14,443,083

9

Federal Funds 571,495

10

Restricted Receipts 60,000

11

Total - District Court 15,074,578

12

Traffic Tribunal

13

General Revenues 9,716,034

14

Workers' Compensation Court

15

Restricted Receipts 9,310,113

16

Grand Total – Judiciary 130,425,354

17

Military Staff

18

General Revenues 2,723,714

19

Federal Funds 36,614,294

20

Restricted Receipts

21

RI Military Family Relief Fund 55,000

22

Other Funds

23

Rhode Island Capital Plan Funds

24

Aviation Readiness Center 535,263

25

AMC Roof Replacement 366,500

26

Asset Protection 930,000

27

Grand Total – Military Staff 41,224,771

28

Public Safety

29

Central Management

30

General Revenues 15,917,162

31

Provided that $15,000,000 shall be allocated as the state contribution for the Statewide Body-

32

worn Camera Program, subject to all program and reporting rules, regulations, policies, and

33

guidelines prescribed in the Rhode Island General Laws. No money appropriated shall be

34

distributed for Rhode Island police department body-worn camera expenses prior to the

 

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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 27 of 39)

1

promulgation of rules and regulations. Notwithstanding the provisions of section 35-3-15 of the

2

general laws, all unexpended or unencumbered balances as of June 30, 2022 from this appropriation

3

are hereby reappropriated to fiscal year 2023.

4

Federal Funds 10,902,596

5

Restricted Receipts 189,556

6

Total – Central Management 27,009,314

7

E-911 Emergency Telephone System

8

Restricted Receipts 7,469,769

9

Security Services

10

General Revenues 27,319,253

11

Municipal Police Training Academy

12

General Revenues 262,575

13

Federal Funds 451,295

14

Total – Municipal Police Training Academy 713,870

15

State Police

16

General Revenues 77,105,322

17

Federal Funds 6,110,439

18

Restricted Receipts 856,000

19

Other Funds

20

Airport Corporation Assistance 150,000

21

Road Construction Reimbursement 2,500,000

22

Weight and Measurement Reimbursement 400,000

23

Rhode Island Capital Plan Funds

24

DPS Asset Protection 791,000

25

Portsmouth Barracks 350,000

26

Southern Barracks 2,100,000

27

Training Academy Upgrades 750,000

28

Statewide Communications System Network 237,370

29

Total–State Police 91,350,131

30

Grand Total – Public Safety 153,862,337

31

Office of Public Defender

32

General Revenues 13,431,599

33

Federal Funds 75,665

34

Grand Total – Office of Public Defender 13,507,264

 

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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 28 of 39)

1

Emergency Management Agency

2

General Revenues 2,710,290

3

Federal Funds 16,772,558

4

Restricted Receipts 527,563

5

Other Funds

6

Rhode Island Capital Plan Funds

7

RI Statewide Communications Network 1,494,400

8

Emergency Management Building 250,000

9

Grand Total – Emergency Management Agency 21,754,811

10

Environmental Management

11

Office of the Director

12

General Revenues 7,551,252

13

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

14

Restricted Receipts 4,189,798

15

Total – Office of the Director 11,741,050

16

Natural Resources

17

General Revenues 25,272,202

18

Federal Funds 21,635,240

19

Restricted Receipts 5,454,434

20

Other Funds

21

DOT Recreational Projects 762,000

22

Blackstone Bike Path Design 1,000,000

23

Transportation MOU 10,286

24

Rhode Island Capital Plan Funds

25

Blackstone Valley Park Improvement 500,000

26

Dam Repair 90,000

27

Fort Adams Rehabilitation 300,000

28

Galilee Pier Upgrades 5,420,000

29

Newport Pier Upgrades 150,000

30

Recreation Facility Asset Protection 750,000

31

Recreational Facilities Improvement 3,200,000

32

Total – Natural Resources 64,544,162

33

Environmental Protection

34

General Revenues 13,360,386

 

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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 29 of 39)

1

Federal Funds 10,753,650

2

Restricted Receipts 7,457,559

3

Other Funds

4

Transportation MOU 63,565

5

Total – Environmental Protection 31,635,160

6

Grand Total – Environmental Management 107,920,372

7

Coastal Resources Management Council

8

General Revenues 2,809,533

9

Federal Funds 1,850,628

10

Restricted Receipts 250,000

11

Other Funds

12

Rhode Island Capital Plan Funds

13

Narragansett Bay SAMP 75,115

14

RI Coastal Storm Risk Study 475,000

15

Grand Total – Coastal Resources Mgmt. Council 5,460,276

16

Transportation

17

Central Management

18

Federal Funds 16,066,910

19

Other Funds

20

Gasoline Tax 8,917,792

21

Total – Central Management 24,984,702

22

Management and Budget

23

Other Funds

24

Gasoline Tax 5,380,580

25

Infrastructure Engineering

26

Federal Funds 416,941,030

27

Restricted Receipts 2,589,202

28

Other Funds

29

Gasoline Tax 70,347,728

30

Toll Revenue 35,089,593

31

Land Sale Revenue 5,979,719

32

Rhode Island Capital Plan Funds

33

Highway Improvement Program 63,451,346

34

Bike Path Facilities Maintenance 400,000

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 30 of 39)

1

RIPTA - Land and Buildings 1,330,000

2

RIPTA - Warwick Bus Hub 260,000

3

RIPTA – URI Mobility Hub 600,000

4

Total - Infrastructure Engineering 596,988,618

5

Infrastructure Maintenance

6

Federal Funds 18,038,585

7

Other Funds

8

Gasoline Tax 29,781,566

9

Non-Land Surplus Property 50,000

10

Rhode Island Highway Maintenance Account 87,157,485

11

Rhode Island Capital Plan Funds

12

Maintenance Capital Equipment Replacement 1,499,462

13

Maintenance Facilities Improvements 900,000

14

Welcome Center 150,000

15

Salt Storage Facilities 2,500,000

16

Train Station Maintenance and Repairs 450,000

17

Total – Infrastructure Maintenance 140,527,098

18

Grand Total – Transportation 767,880,998

19

Statewide Totals

20

General Revenues 4,549,831,497

21

Federal Funds 5,859,727,133

22

Restricted Receipts 372,464,155

23

Other Funds 2,332,865,011

24

Statewide Grand Total 13,114,887,796

25

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

26

appropriation.

27

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

28

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

29

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

30

thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when

31

the duties or administrative functions of government are designated by law to be performed within

32

a particular department or agency, no transfer of duties or functions and no re-allocation, in whole

33

or part, or appropriations and full-time equivalent positions to any other department or agency shall

34

be authorized.

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 31 of 39)

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

expenditure limitations:

19

Account Expenditure Limit

20

State Assessed Fringe Benefit Internal Service Fund 37,626,944

21

Administration Central Utilities Internal Service Fund 27,345,573

22

State Central Mail Internal Service Fund 6,736,424

23

State Telecommunications Internal Service Fund 3,100,546

24

State Automotive Fleet Internal Service Fund 12,664,678

25

Surplus Property Internal Service Fund 3,000

26

Health Insurance Internal Service Fund 272,604,683

27

Other Post-Employment Benefits Fund 63,858,483

28

Capitol Police Internal Service Fund 1,731,553

29

Corrections Central Distribution Center Internal Service Fund 7,410,210

30

Correctional Industries Internal Service Fund 8,590,417

31

Secretary of State Record Center Internal Service Fund 1,060,059

32

Human Resources Internal Service Fund 13,962,865

33

DCAMM Facilities Internal Service Fund 43,562,371

34

Information Technology Internal Service Fund 48,951,700

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 32 of 39)

1

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

2

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

3

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

4

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

5

House Finance Committee and in the Senate Finance Committee.

6

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

7

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

8

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

9

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

10

released or granted.

11

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

12

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

13

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

14

and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2022.

15

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

16

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

17

for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2022.

18

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

19

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

20

paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2022.

21

     SECTION 10. Appropriation of CollegeBoundSaver Funds – There is hereby appropriated

22

to the Office of the General Treasurer designated funds received under the CollegeBoundSaver

23

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

24

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

25

2022.

26

     SECTION 11. Departments and agencies listed below may not exceed the number of full-

27

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

28

not include limited period positions or, seasonal or intermittent positions whose scheduled period

29

of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not

30

exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor

31

do they include individuals engaged in training, the completion of which is a prerequisite of

32

employment. Provided, however, that the Governor or designee, Speaker of the House of

33

Representatives or designee, and the President of the Senate or designee may authorize an

34

adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 33 of 39)

1

detailed written recommendation to the Governor, the Speaker of the House, and the President of

2

the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the

3

chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor

4

and the Senate Fiscal Advisor.

5

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

6

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

7

general revenue funding source.

8

FY 2022 FTE POSITION AUTHORIZATION

9

     Departments and Agencies Full-Time Equivalent

10

     Administration 650.7

11

     Provided that no more than 421.5 of the total authorization would be limited to positions

12

that support internal service fund programs.

13

     Business Regulation 162.0

14

     Executive Office of Commerce 16.0

15

     Labor and Training 462.7

16

     Revenue 570.5

17

     Legislature 298.5

18

     Office of the Lieutenant Governor 8.0

19

     Office of the Secretary of State 59.0

20

     Office of the General Treasurer 89.0

21

     Board of Elections 13.0

22

     Rhode Island Ethics Commission 12.0

23

     Office of the Governor 45.0

24

     Commission for Human Rights 14.0

25

     Public Utilities Commission 54.0

26

     Office of Health and Human Services 190.0

27

     Children, Youth, and Families 702.5

28

     Health 530.6

29

     Human Services 753.0

30

     Office of Veterans Services 263.1

31

     Office of Healthy Aging 31.0

32

     Behavioral Healthcare, Developmental Disabilities, and Hospitals 1,190.4

33

     Office of the Child Advocate 10.0

34

     Commission on the Deaf and Hard of Hearing 4.0

 

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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 34 of 39)

1

     Governor’s Commission on Disabilities 4.0

2

     Office of the Mental Health Advocate 4.0

3

     Elementary and Secondary Education 143.1

4

     School for the Deaf 60.0

5

     Davies Career and Technical School 123.0

6

     Office of Postsecondary Commissioner 33.0

7

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

8

supported by third-party funds, 10.0 would be available only for positions at the State’s Higher

9

Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for

10

positions at the Nursing Education Center.

11

     University of Rhode Island 2,555.0

12

     Provided that 357.8 of the total authorization would be available only for positions that are

13

supported by third-party funds.

14

     Rhode Island College 949.2

15

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

16

supported by third-party funds.

17

     Community College of Rhode Island 849.1

18

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

19

supported by third-party funds.

20

     Rhode Island State Council on the Arts 9.6

21

     RI Atomic Energy Commission 8.6

22

     Historical Preservation and Heritage Commission 15.6

23

     Office of the Attorney General 247.1

24

     Corrections 1,424.0

25

     Judicial 726.3

26

     Military Staff 92.0

27

     Emergency Management Agency 33.0

28

     Public Safety 622.6

29

     Office of the Public Defender 99.0

30

     Environmental Management 401.0

31

     Coastal Resources Management Council 30.0

32

     Transportation 755.0

33

     Total 15,313.2

34

     No agency or department may employ contracted employee services where contract

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 35 of 39)

1

employees would work under state employee supervisors without determination of need by the

2

Director of Administration acting upon positive recommendations by the Budget Officer and the

3

Personnel Administrator and 15 days after a public hearing.

4

     Nor may any agency or department contract for services replacing work done by state

5

employees at that time without determination of need by the Director of Administration acting upon

6

the positive recommendations of the State Budget Officer and the Personnel Administrator and 30

7

days after a public hearing.

8

     SECTION 12. The amounts reflected in this Article include the appropriation of Rhode

9

Island Capital Plan funds for fiscal year 2022 and supersede appropriations provided for FY 2022

10

within Section 12 of Article 1 of Chapter 080 of the P.L. of 2020.

11

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

12

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

13

June 30, 2023, June 30, 2024, June 30, 2025, and June 30, 2026. These amounts supersede

14

appropriations provided within Section 12 of Article 1 of Chapter 080 of the P.L. of 2020.

15

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

16

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

17

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

18

authenticated vouchers.

19

FY Ending FY Ending FY Ending FY Ending

20

Project 06/30/2023 06/30/2024 06/30/2025 06/30/2026

21

DOA – 560 Jefferson Boulevard 150,000 150,000 1,550,000 1,050,000

22

DOA – Accessibility 1,000,000 1,000,000 1,000,000 1,000,000

23

DOA – Arrigan Center 825,000 125,000 50,000 200,000

24

DOA – Cannon Building 1,350,000 3,725,000 4,125,000 4,025,000

25

DOA – Convention Center

26

Authority 4,250,000 5,250,000 3,500,000 3,500,000

27

DOA – Cranston Street Armory 750,000 2,250,000 3,250,000 100,000

28

DOA – Zambarano Utilities &

29

Infrastructure 300,000 500,000 0 0

30

DOA – DoIT Enterprise

31

Operations Center 2,300,000 2,050,000 1,150,000 1,050,000

32

DOA – Dunkin Donuts Center 2,300,000 2,300,000 2,775,000 2,775,000

33

DOA – Energy Efficiency 1,250,000 1,000,000 1,000,000 1,000,000

34

DOA – Statewide Facilities

 

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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 36 of 39)

1

Master Plan 200,000 500,000 250,000 0

2

DOA – Pastore Building

3

Demolition 1,000,000 1,000,000 0 0

4

DOA – Pastore Center

5

Non-Medical Buildings

6

Asset Protection 6,250,000 5,500,000 4,500,000 4,000,000

7

DOA – Shepard Building 1,500,000 1,500,000 1,500,000 1,600,000

8

DOA – State House Renovations 2,100,000 2,450,000 1,200,000 1,200,000

9

DOA – State Office

10

Reorganization & Relocation 250,000 250,000 0 0

11

DOA – Veterans Auditorium 765,000 100,000 75,000 100,000

12

DOA – Washington County

13

Gov. Center 650,000 650,000 650,000 350,000

14

DOA – William Powers Building 2,500,000 2,500,000 3,000,000 2,500,000

15

EOC – I-195 Commission 650,000 0 0 0

16

DOH – Laboratory Equipment 400,000 400,000 400,000 400,000

17

DHS – Veterans Cemetery – Crypt

18

Installation/Expansion 200,000 1,000,000 250,000 0

19

ELSEC – Davies School HVAC 900,000 373,500 0 0

20

ELSEC – Davies School

21

Healthcare Classroom

22

Renovations 4,500,000 0 0 0

23

URI – Asset Protection 11,350,000 11,494,395 9,276,000 9,554,280

24

RIC – Asset Protection 5,518,000 5,431,657 4,538,000 4,674,140

25

RIC – Infrastructure

26

Modernization 4,900,000 4,900,000 4,500,000 4,635,000

27

CCRI – Asset Protection 3,246,000 2,653,124 2,719,452 2,719,452

28

CCRI – Data, Cabling and

29

Power Infrastructure 3,300,000 3,700,000 4,650,000 0

30

CCRI – Flanagan Campus

31

Renewal 2,000,000 6,000,000 2,500,000 0

32

CCRI – Knight Campus Renewal 1,390,000 0 0 0

33

DOC – Asset Protection 5,125,000 4,100,000 4,100,000 4,100,000

34

Military Staff – Aviation Readiness 535,263 126,166 574,183 1,092,311

 

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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 37 of 39)

1

EMA – RI Statewide

2

Communications Network 1,494,400 1,494,400 1,494,400 0

3

DPS – Portsmouth Barracks 1,650,000 0 0 0

4

DPS – Southern Barracks 13,000,000 13,000,000 0 0

5

DPS – Training Academy Asset

6

Protection 225,000 180,000 150,000 505,000

7

DPS – RISCON Microwave

8

Replacement 187,370 187,370 187,370 187,370

9

DEM – Dam Repair 1,800,000 2,250,000 2,360,000 2,000,000

10

DEM – Recreational Facilities

11

Improvements 3,700,000 2,560,000 2,400,000 1,930,000

12

DEM – Galilee Piers/Bulkhead 2,000,000 2,000,000 2,000,000 2,000,000

13

DOT – Highway Improvement

14

Program 52,700,000 27,200,000 27,200,000 27,200,000

15

DOT – Bike Path Facilities

16

Maintenance 400,000 400,000 400,000 400,000

17

DOT – Salt Storage Facilities

18

Improvement 1,000,000 1,000,000 0 0

19

DOT – Maintenance –

20

Capital Equipment Replacement 1,500,000 1,800,000 1,800,000 1,800,000

21

DOT – RIPTA –

22

Land and Building Enhancements 500,000 500,000 500,000 500,000

23

DOT – RIPTA – URI Mobility 250,000 0 0 0

24

     SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. –

25

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

26

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

27

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

28

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

29

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

30

     SECTION 14. For the Fiscal Year ending June 30, 2022, the Rhode Island Housing and

31

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

32

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

33

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

34

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

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 38 of 39)

1

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

2

Committee and the State Budget Officer.

3

     SECTION 15. Appropriation of Economic Activity Taxes in accordance with the city of

4

Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year

5

ending June 30, 2022, all State Economic Activity Taxes to be collected pursuant to § 45-33.4-4 of

6

the Rhode Island General Laws, as amended (including, but not limited to, the amount of tax

7

revenues certified by the Commerce Corporation in accordance with § 45-33.4-1(13) of the Rhode

8

Island General Laws), for the purposes of paying debt service on bonds, funding debt service

9

reserves, paying costs of infrastructure improvements in and around the ballpark district, arts

10

district, and the growth center district, funding future debt service on bonds, and funding a

11

redevelopment revolving fund established in accordance with § 45-33-1 of the Rhode Island

12

General Laws.

13

     SECTION 16. The appropriations from federal funds contained in Section 1 shall not be

14

construed to mean any federal funds or assistance appropriated, authorized, allocated or

15

apportioned to the State of Rhode Island from the State Fiscal Recovery Fund, and the Coronavirus

16

Capital Projects Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2.

17

     SECTION 17. This article shall take effect as of July 1, 2021, except as otherwise provided

18

herein.

 

Art1
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF 2022
(Page 39 of 39)

=======

art.002/6/002/5/002/4/002/3/002/2/002/1

=======

1

     ARTICLE 2

2

RELATING TO STATE FUNDS

3

     SECTION 1. Chapter 16-1 of the General Laws entitled "State Department of Elementary

4

and Secondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]"

5

is hereby amended by adding thereto the following section:

6

     16-1-15. Restricted receipts.

7

     There is hereby created a restricted receipt account with the department of elementary and

8

secondary education for the purpose of receiving and expending monies from any other sources,

9

public or private, limited to gifts, grants, and donations. The department shall deposit any revenues

10

from such sources into the restricted receipt account to be used for the same educational purposes

11

that its state appropriation is used, unless otherwise limited by any agreement to use such funds.

12

     SECTION 2. Sections 21-28.10-8 and 21-28.10-10 of the General Laws in Chapter 21-

13

28.10 entitled "Opioid Stewardship Act" are hereby amended to read as follows:

14

     21-28.10-8. Departmental annual reporting.

15

     By January of each calendar year, the department of behavioral healthcare, developmental

16

disabilities and hospitals (BHDDH), the executive office of health and human services (EOHHS),

17

the department of children, youth and families (DCYF), the Rhode Island department of education

18

(RIDE), the Rhode Island office of veterans' services, the department of corrections (DOC), and

19

the department of labor and training (DLT), and any other department or agency receiving opioid

20

stewardship funds shall report annually to the governor, the speaker of the house, and the senate

21

president which programs in their respective departments were funded using monies from the

22

opioid stewardship fund and the total amount of funds spent on each program.

23

     21-28.10-10. Creation of opioid stewardship fund.

24

     (a) There is hereby established, in the custody of the department, a restricted-receipt

25

account to be known as the "opioid stewardship fund."

26

     (b) Monies in the opioid stewardship fund shall be kept separate and shall not be

27

commingled with any other monies in the custody of the department.

28

     (c) The opioid stewardship fund shall consist of monies appropriated for the purpose of

29

such account, monies transferred to such account pursuant to law, contributions consisting of

30

promises or grants of any money or property of any kind or value, or any other thing of value,

 

1

including grants or other financial assistance from any agency of government and monies required

2

by the provisions of this chapter or any other law to be paid into or credited to this account.

3

     (d) Monies of the opioid stewardship fund shall be available to provide opioid treatment,

4

recovery, prevention, education services, and other related programs, subject to appropriation by

5

the general assembly.

6

     (e) The budget officer is hereby authorized to create restricted receipt accounts entitled

7

"opioid stewardship fund allocation" in any department or agency of state government wherein

8

monies from the opioid stewardship fund are appropriated by the general assembly for the

9

programmatic purposes set forth in subsection (d) of this section.

10

     SECTION 3. Section 35-1.1-5 of the General Laws in Chapter 35-1.1 entitled, "Office of

11

Management and Budget" is hereby amended to read as follows:

12

     35-1.1-5. Federal grants management.

13

     (a) The controller shall be responsible for managing federal grant applications; providing

14

administrative assistance to agencies regarding reporting requirements; providing technical

15

assistance; and approving agreements with federal agencies pursuant to § 35-1-1. The controller

16

shall:

17

     (1) Establish state goals and objectives for maximizing the utilization of federal aid

18

programs;

19

     (2) Ensure that the state establishes and maintains statewide federally mandated grants

20

management processes and procedures as mandated by the federal Office of Management and

21

Budget;

22

     (3) Promulgate procedures and guidelines for all state departments, agencies, advisory

23

councils, instrumentalities of the state, and public higher education institutions covering

24

applications for federal grants;

25

     (4) Require, upon request, any state department, agency, advisory council, instrumentality

26

of the state, or public higher education institution receiving a grant of money from the federal

27

government to submit a report to the controller of expenditures and program measures for the fiscal

28

period in question;

29

     (5) Ensure state departments and agencies adhere to the requirements of § 42-41-5

30

regarding legislative appropriation authority and delegation thereof;

31

     (6) Manage and oversee the disbursements of federal funds in accordance with § 35-6-42;

32

     (7) Prepare the statewide cost allocation plan and serve as the monitoring agency to ensure

33

that state departments and agencies are working within the guidelines contained in the plan; and

34

     (8) Provide technical assistance to agencies to ensure resolution and closure of all single

 

Art2
RELATING TO STATE FUNDS
(Page 2 of 12)

1

state audit findings and recommendations made by the auditor general related to federal funding.

2

     (b) The division of accounts and control shall serve as the state clearinghouse for purposes

3

of coordinating federal grants, aid, and assistance applied for and/or received by any state

4

department, agency, advisory council, or instrumentality of the state. Any state department, agency,

5

advisory council, or instrumentality of the state applying for federal funds, aids, loans, or grants

6

shall file a summary notification of the intended application with the controller.

7

     (1) When as a condition to receiving federal funds, the state is required to match the federal

8

funds, a statement shall be filed with the notice of intent or summary of the application stating:

9

     (i) The amount and source of state funds needed for matching purposes;

10

     (ii) The length of time the matching funds shall be required;

11

     (iii) The growth of the program;

12

     (iv) How the program will be evaluated;

13

     (v) What action will be necessary should the federal funds be canceled, curtailed, or

14

restricted; and

15

     (vi) Any other financial and program management data required by the office or by law.

16

     (2) Except as otherwise required, any application submitted by an executive agency for

17

federal funds, aids, loans, or grants which will require state matching or replacement funds at the

18

time of application or at any time in the future, must be approved by the director of the office of

19

management and budget, or his or her designated agents, prior to its filing with the appropriate

20

federal agency. Any application submitted by an executive agency for federal funds, aids, loans, or

21

grants which will require state matching or replacement funds at the time of application or at any

22

time in the future, when funds have not been appropriated for that express purpose, must be

23

approved by the general assembly in accordance with § 42-41-5. When the general assembly is not

24

in session, the application shall be reported to and reviewed by the director pursuant to rules and

25

regulations promulgated by the director.

26

     (3) When any federal funds, aids, loans, or grants are received by any state department,

27

agency, advisory council, or instrumentality of the state, a report of the amount of funds received

28

shall be filed with the office; and this report shall specify the amount of funds that would reimburse

29

an agency for indirect costs, as provided for under federal requirements.

30

     (4) The controller may refuse to issue approval for the disbursement of any state or federal

31

funds from the state treasury as the result of any application that is not approved as provided by

32

this section, or in regard to which the statement or reports required by this section were not filed.

33

     (5) The controller shall be responsible for the orderly administration of this section and for

34

issuing the appropriate guidelines and regulations from each source of funds used.

 

Art2
RELATING TO STATE FUNDS
(Page 3 of 12)

1

     (c) There is hereby created in the general fund and housed within the budget of the

2

department of administration a restricted receipt account entitled "Grants Management

3

Administration." This account shall be used to fund centralized services relating to managing

4

federal grant applications; providing administrative assistance to agencies regarding reporting

5

requirements; providing technical assistance; approving agreements with federal agencies pursuant

6

to § 35-1-1; and, may include costs associated with the development, implementation, and ongoing

7

operation of a grants management information technology system. Every state department and

8

agency, as defined in R.I. General Laws § 35-1-4, which receives federal assistance funds shall set

9

aside an amount of the funds received equal to a percentage as determined annually by the state

10

controller multiplied by federal funds received. The state controller shall determine this rate

11

annually in proportion with budgeted expenditures for uses consistent with the purpose of this

12

subsection within the department of administration. For federal awards in response to the COVID-

13

19 pandemic and subsequent stimulus awards, there is hereby authorized an additional assessment

14

which shall be deposited into the restricted receipt account established by this subsection and shall

15

be equal to a uniform percentage of the amount of stimulus and other awards received, excluding

16

Medicaid, associated with the COVID-19 pandemic and subsequent stimulus acts. The state

17

controller shall calculate the rate of this additional assessment, not to exceed one percent (1%) of

18

the total awards received during a fiscal year, in proportion with budgeted expenditures necessary

19

to finance the planning, oversight, compliance, and reporting functions within the department of

20

administration related to federal awards issued in response to the pandemic and subsequent stimulus

21

awards in addition to the costs of planning, development, and implementation of a grants

22

management information technology system. For the additional assessment related to federal

23

awards issued in response to the pandemic and subsequent stimulus awards no funds shall be

24

deposited into the restricted receipt account after December 31, 2026. All funds set aside and

25

designated to be used for grants management shall be deposited into the restricted receipt account

26

established in this subsection.

27

     Prior to any deposits being made into the restricted receipt account established by this

28

subsection and thereafter prior to the commencement of each fiscal year, the state controller shall

29

provide a report to the director of administration and the chairpersons of the house and senate

30

finance committees that includes the rate and calculation thereof for the following fiscal year.

31

     SECTION 4. Section 35-3-20 of the General Laws in Chapter 35-3 entitled "State Budget"

32

is hereby amended to read as follows:

33

     35-3-20. State budget reserve and cash stabilization account.

34

     (a) There is hereby created within the general fund a state budget reserve and cash

 

Art2
RELATING TO STATE FUNDS
(Page 4 of 12)

1

stabilization account, which shall be administered by the state controller and which shall be used

2

solely for the purpose of providing such sums as may be appropriated to fund any unanticipated

3

general revenue deficit caused by a general revenue shortfall.

4

      (b) In carrying out the provisions of § 35-3-20.1, the state controller shall, based on that

5

fiscal years estimate, transfer the amounts needed to fund cash requirements during the fiscal year;

6

the transfer shall be adjusted at the end of the fiscal year in order to conform to the requirements of

7

§ 35-3-20.1. To the extent that funds so transferred are not needed by the Rhode Island Capital Plan

8

fund the funds may be loaned back to the general fund.

9

     (c) For the fiscal year ending June 30, 2009, whenever the aggregate of the monies and

10

securities held for the credit of the state budget reserve and cash stabilization account exceeds three

11

and four tenths of one percent (3.4%) of total fiscal year resources, consisting of the aggregate of

12

(1) actual revenues from taxes and other departmental general revenue sources; and (2) the general

13

revenue balance available for appropriations at the beginning of the fiscal year; the excess shall be

14

transferred to the Rhode Island Capital Plan fund, to be used solely for capital projects. Provided

15

further, the applicable percentage shall increase by four-tenths of one percent (.4%) for the

16

succeeding four (4) fiscal years as follows:

17

     Fiscal year ending June 30, 2010 3.8%

18

     Fiscal year ending June 30, 2011 4.2%

19

     Fiscal year ending June 30, 2012 4.6%

20

     Fiscal years ending June 30, 2013, and thereafter 5.0%

21

      (d) At any time after the third quarter of a fiscal year, that it is indicated that total resources

22

which are defined to be the aggregate of estimated general revenue, general revenue receivables,

23

and available free surplus in the general fund will be less than the estimates upon which current

24

appropriations were based, the general assembly may make appropriations from the state budget

25

reserve and cash stabilization account for the difference between the estimated total resources and

26

the original estimates upon which enacted appropriations were based, but only in the amount of the

27

difference based upon the revenues projected at the latest state revenue estimating conference

28

pursuant to chapter 16 of this title as reported by the chairperson of that conference.

29

     (e) Whenever a transfer has been made pursuant to subsection (d), that transfer shall be

30

considered as estimated general revenues for the purposes of determining the amount to be

31

transferred to the Rhode Island Capital Plan fund for the purposes of § 35-3-20.1(b).

32

     (f) Whenever a transfer has been made pursuant to subsection (d), the amount of the transfer

33

shall be transferred to the Rhode Island Capital Plan fund from funds payable into the general

34

revenue fund pursuant to § 35-3-20.1 in the fiscal year following the fiscal year in which the transfer

 

Art2
RELATING TO STATE FUNDS
(Page 5 of 12)

1

was made, except that in fiscal year 2010 there shall be no repayment of the amount transferred,

2

and the repayment shall be made in fiscal year 2011, and except that in fiscal year 2021,

3

$90,000,000 of the repayment amount shall be transferred and the remainder of the repayment shall

4

be made in fiscal year 2022.

5

     SECTION 5. Sections 35-4-22.1, 35-4-22.2 and 34-4-27 of the General Laws in Chapter

6

35-4 entitled "State Funds" are hereby amended to read as follows:

7

     35-4-22.1. Legislative appropriation authority.

8

     (a) No agency shall establish new programs, or expand existing programs, including any

9

program involving nonstate monies, beyond the scope of those already established, recognized, and

10

appropriated for by the general assembly until the program and the availability of money is

11

submitted by the agency to the budget officer for recommendation to the general assembly.

12

     (b) No state agency may make expenditures of any restricted or special revenue funds,

13

whether these monies are received prior to expenditure or as reimbursement, unless these

14

expenditures are made pursuant to specific appropriations of the general assembly.

15

     (c) To the extent permitted by federal law, any federal funds or assistance appropriated,

16

authorized, allocated or apportioned to the state of Rhode Island shall be subject to appropriation

17

by the general assembly except where otherwise provided in this chapter or chapter 41 of title 42.

18

     35-4-22.2. Use of restricted or special revenue funds.

19

     (a) Any restricted or special revenue funds which are received by a state agency which is

20

not otherwise appropriated to that state agency by the annual appropriation acts of the regular

21

session of the general assembly are hereby appropriated for that state agency for the purpose set

22

forth, except that no expenditure shall be made from and no obligation shall be incurred against

23

any restricted receipts or special revenue fund which has not been previously appropriated or

24

reappropriated or approved by the governor, the speaker of the house, and the president of the

25

senate, until that authorization has been transmitted to the state agency to make expenditure

26

therefrom.

27

     (b) State agencies desiring the governor's approval to expend or obligate receipts not

28

appropriated or reappropriated by the general assembly in the annual appropriation act or

29

supplemental appropriation act shall forward a request to the state budget officer, who shall forward

30

a copy to the speaker of the house and the president of the senate.

31

     (c) Notwithstanding any law to the contrary, the budget officer is hereby authorized to

32

create restricted receipt accounts within the budget of any state agency to account for the receipt

33

and expenditure of a multistate settlement administered by the office of the attorney general.

34

Expenditures from these accounts shall remain subject to the provisions of §§ 35-4-22, 35-4-22.1,

 

Art2
RELATING TO STATE FUNDS
(Page 6 of 12)

1

35-4-22.2 and 35-4-27.

2

     (d) Upon the directive of the controller, with the consent of the auditor general, the budget

3

officer is hereby authorized to convert any escrow liability accounts that were established before

4

July 1, 2021 to a restricted receipt account.

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

     Executive Office of Health and Human Services

15

     Organ Transplant Fund

16

     HIV Care Grant Drug Rebates

17

     Health System Transformation Project

18

     Department of Human Services

19

     Veterans' home – Restricted account

20

     Veterans' home – Resident benefits

21

     Pharmaceutical Rebates Account

22

     Demand Side Management Grants

23

     Veteran's Cemetery Memorial Fund

24

     Donations – New Veterans' Home Construction

25

     Department of Health

26

     Pandemic medications and equipment account

27

     Miscellaneous Donations/Grants from Non-Profits

28

     State Loan Repayment Match

29

     Healthcare Information Technology

30

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

31

     Eleanor Slater non-Medicaid third-party payor account

32

     Hospital Medicare Part D Receipts

33

     RICLAS Group Home Operations

34

     Commission on the Deaf and Hard of Hearing

 

Art2
RELATING TO STATE FUNDS
(Page 7 of 12)

1

     Emergency and public communication access account

2

     Department of Environmental Management

3

     National heritage revolving fund

4

     Environmental response fund II

5

     Underground storage tanks registration fees

6

     De Coppet Estate Fund

7

     Rhode Island Historical Preservation and Heritage Commission

8

     Historic preservation revolving loan fund

9

     Historic Preservation loan fund – Interest revenue

10

     Department of Public Safety

11

     E-911 Uniform Emergency Telephone System

12

     Forfeited property – Retained

13

     Forfeitures – Federal

14

     Forfeited property – Gambling

15

     Donation – Polygraph and Law Enforcement Training

16

     Rhode Island State Firefighter's League Training Account

17

     Fire Academy Training Fees Account

18

     Attorney General

19

     Forfeiture of property

20

     Federal forfeitures

21

     Attorney General multi-state account

22

     Forfeited property – Gambling

23

     Department of Administration

24

     OER Reconciliation Funding

25

     Health Insurance Market Integrity Fund

26

     RI Health Benefits Exchange

27

     Information Technology Investment Fund

28

     Restore and replacement – Insurance coverage

29

     Convention Center Authority rental payments

30

     Investment Receipts – TANS

31

     OPEB System Restricted Receipt Account

32

     Car Rental Tax/Surcharge-Warwick Share

33

     Grants Management Administration

34

     Executive Office of Commerce

 

Art2
RELATING TO STATE FUNDS
(Page 8 of 12)

1

     Housing Resources Commission Restricted Account

2

     Housing Production Fund

3

     Department of Revenue

4

     DMV Modernization Project

5

     Jobs Tax Credit Redemption Fund

6

     Legislature

7

     Audit of federal assisted programs

8

     Department of Children, Youth and Families

9

     Children's Trust Accounts – SSI

10

     Military Staff

11

     RI Military Family Relief Fund

12

     RI National Guard Counterdrug Program

13

     Treasury

14

     Admin. Expenses – State Retirement System

15

     Retirement – Treasury Investment Options

16

     Defined Contribution – Administration - RR

17

     Violent Crimes Compensation – Refunds

18

     Treasury Research Fellowship

19

     Business Regulation

20

     Banking Division Reimbursement Account

21

     Office of the Health Insurance Commissioner Reimbursement Account

22

     Securities Division Reimbursement Account

23

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

24

     Insurance Division Reimbursement Account

25

     Historic Preservation Tax Credit Account

26

     Judiciary

27

     Arbitration Fund Restricted Receipt Account

28

     Third-Party Grants

29

     RI Judiciary Technology Surcharge Account

30

     Department of Elementary and Secondary Education

31

     Statewide Student Transportation Services Account

32

     School for the Deaf Fee-for-Service Account

33

     School for the Deaf – School Breakfast and Lunch Program

34

     Davies Career and Technical School Local Education Aid Account

 

Art2
RELATING TO STATE FUNDS
(Page 9 of 12)

1

     Davies – National School Breakfast & Lunch Program

2

     School Construction Services

3

     Office of the Postsecondary Commissioner

4

     Higher Education and Industry Center

5

     Department of Labor and Training

6

     Job Development Fund

7

     Rhode Island Council on the Arts

8

     Governors' Portrait Donation Fund

9

     SECTION 6. Section 39-18.1-5 of the General Laws in Chapter 39-18.1 entitled

10

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

11

     39-18.1-5. Allocation of funds.

12

     (a) The monies in the highway maintenance fund to be directed to the department of

13

transportation pursuant to § 39-18.1-4(b)(1) – (b)(3) shall be allocated through the transportation

14

improvement program process to provide the state match for federal transportation funds, in place

15

of borrowing, as approved by the state planning council. The expenditure of moneys in the highway

16

maintenance fund shall only be authorized for projects that appear in the state's transportation

17

improvement program.

18

     (b) Provided, however, that beginning with fiscal year 2015 and annually thereafter, the

19

department of transportation will allocate necessary funding to programs that are designed to

20

eliminate structural deficiencies of the state's bridge, road, and maintenance systems and

21

infrastructure.

22

     (c) Provided, further, that beginning July 1, 2015, five percent (5%) of available proceeds

23

in the Rhode Island highway maintenance account shall be allocated annually to the Rhode Island

24

public transit authority for operating expenditures.

25

     (d) Provided, further, that from July 1, 2017, and annually thereafter, in addition to the

26

amount above, the Rhode Island public transit authority shall receive an amount of not less than

27

five million dollars ($5,000,000) each fiscal year, except for the period July 1, 2019 through June

28

30, 2022 during which such amount or a portion thereof may come from federal coronavirus relief

29

funds.

30

     (e) Provided, further, that the Rhode Island public transit authority shall convene a

31

coordinating council consisting of those state agencies responsible for meeting the needs of low-

32

income seniors and persons with disabilities, along with those stakeholders that the authority deems

33

appropriate and are necessary to inform, develop, and implement the federally required coordinated

34

public transit human services transportation plan.

 

Art2
RELATING TO STATE FUNDS
(Page 10 of 12)

1

     The council shall develop, as part of the state's federally required plan, recommendations

2

for the appropriate and sustainable funding of the free-fare program for low-income seniors and

3

persons with disabilities, while maximizing the use of federal funds available to support the

4

transportation needs of this population.

5

     The council shall report these recommendations to the governor, the speaker of the house

6

of representatives, and the president of the senate no later than November 1, 2018.

7

     SECTION 7. Chapter 40.1-1 of the General Laws entitled "Department of Behavioral

8

Healthcare, Developmental Disabilities and Hospitals" is hereby amended by adding thereto the

9

following section:

10

     40.1-1-21. Restricted receipts.

11

     There is hereby created a restricted receipt within the department of behavioral healthcare,

12

developmental disability and hospitals for the purposes of receiving and expending monies from

13

any other sources, public or private, limited to gifts, grants and donations. The department shall

14

deposit any revenues into the restricted receipt account to be used for the same purposes that its

15

state appropriation is used, unless otherwise limited by agreement of such funds.

16

     SECTION 8. Section 42-13.1-16 of the General Laws in Chapter 42-13.1 entitled "The

17

Rhode Island Bridge Replacement, Reconstruction, and Maintenance Fund" is hereby amended to

18

read as follows:

19

     42-13.1-16. Reporting.

20

     The department shall submit to the office of management and budget, the house fiscal

21

advisor, and the senate fiscal advisor, a report on the progress of implementation of this chapter

22

within thirty (30) days of the close of each of the fiscal quarters of each year. The reports shall also

23

be posted on the department's website. The reports shall include, at a minimum:

24

     (1) Construction and design contracts of five hundred thousand dollars ($500,000) or

25

greater planned to be advertised in the upcoming federal fiscal year, their value, and expected award

26

date;

27

     (2) Construction and design contracts of five hundred thousand dollars ($500,000) or

28

greater awarded in the prior federal fiscal year, date of award, value, and expected substantial

29

completion date;

30

     (3) Expected final cost of:

31

     (i) Any construction contracts of five hundred thousand dollars ($500,000) or greater that

32

reached substantial completion in the prior federal fiscal year; and

33

     (ii) Any design contracts of five hundred thousand dollars ($500,000) or greater completed

34

in the prior federal fiscal year; and

 

Art2
RELATING TO STATE FUNDS
(Page 11 of 12)

1

     (4) Total number of workers employed through the contract and the number of the workers

2

in that total with a Rhode Island address.

3

     (5) This report shall also include a current list of all federal, discretionary and any other

4

grants that the department has applied for and the status of that application and identify any changes

5

from the prior report. For any grants that require a state match, the department shall identify if the

6

source for the state's match is available under currently authorized funding.

7

     SECTION 9. Section 42-75-13 of the General Laws in Chapter 42-75 entitled "Council on

8

the Arts" is hereby amended to read as follows:

9

     42-75-13. Appropriation.

10

     (a) During the fiscal year ending June 30, 2008, the state lottery division within the

11

department of revenue shall conduct, pursuant to chapter 61 of title 42, an instant game to be known

12

as the "Arts Lottery Game." The net revenue from the first three (3) months of the running of the

13

"Arts Lottery Game" shall be deposited in a restricted-revenue account to be used by the Rhode

14

Island Council on the Arts for the support and improvement of the arts in this state. The provisions

15

of this section shall prevail over any inconsistent provisions of chapter 61 of title 42.

16

      (b) The Rhode Island Council on the Arts shall deposit any funds received from the Rhode

17

Island Foundation an entity exempt from tax under § 501(c)(3) of the Internal Revenue Code in a

18

restricted-receipt account to be used for the support and improvement of the arts in this state. All

19

such funds deposited shall be exempt from the indirect cost-recovery provisions of § 35-24-27.

20

     (c) Notwithstanding any law to the contrary, there is hereby created in the general fund of

21

the state and housed within the budget of the Rhode Island Council on the Arts a restricted receipt

22

account entitled "Governors' Portrait Donation Fund." This account shall be used to record all

23

receipts and expenditures of donations made for the purpose of supplementing the state

24

appropriation for the purchase of a governor's portrait as set forth in R.I. Gen. Laws 37-8-9, and for

25

other related expenses as deemed appropriate by the Rhode Island Council on the Arts.

26

     SECTION 10. This article shall take effect upon passage.

 

Art2
RELATING TO STATE FUNDS
(Page 12 of 12)

=======

art.003/7/003/6/003/5/003/4/003/3/003/2/003/1

=======

1

     ARTICLE 3

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

 

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

 

Art3
RELATING TO GOVERNMENT REFORM AND REORGANIZATION
(Page 2 of 20)

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

 

Art3
RELATING TO GOVERNMENT REFORM AND REORGANIZATION
(Page 3 of 20)

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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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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     (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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     (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

     SECTION 4. Section 31-3-33 of the General Laws in Chapter 31-3 entitled “Registration

7

of Vehicles” is hereby amended to read as follows:

8

     31-3-33. Renewal of registration.

9

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

10

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

11

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

12

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

13

registration.

14

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

15

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

16

reflective plate beginning June 1, 2020 July 1, 2022, at the time of initial registration or at the

17

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

18

years.

19

     (d) No later than August 15, 2019, and every fifteenth day of the month through August

20

15, 2020, the division of motor vehicles shall submit a report outlining the previous month's activity

21

and progress towards the implementation of the license plate reissuance to the chairpersons of the

22

house finance and senate finance committee, the house fiscal advisor, and the senate fiscal advisor.

23

The report shall include, but not be limited to, information on the status of project plans, obstacles

24

to implementation, and actions taken toward implementation.

25

     SECTION 5. Section 31-10.3-20 of the General Laws in Chapter 31-10.3 entitled “Rhode

26

Island Uniform Commercial Driver's License Act” is hereby amended to read as follows:

27

     31-10.3-20. Fees.

28

     The fees charged for commercial licenses, endorsements, classifications, restrictions, and

29

required examinations shall be as follows:

30

     (1) For every commercial operator's first license, thirty dollars ($30.00);

31

     (2) For every renewal of a commercial license, fifty dollars ($50.00);

32

     (3) For every duplicate commercial license, ten dollars ($10.00);

33

     (4) For every duplicate commercial learner's permit, ten dollars ($10.00);

34

     (5) For any change of:

 

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1

     (i) Classification(s), ten dollars ($10.00);

2

     (ii) Endorsement(s), ten dollars ($10.00);

3

     (iii) Restriction(s), ten dollars ($10.00);

4

     (6) For every written and/or oral examination, ten dollars ($10.00);

5

     (7) The Rhode Island board of education shall establish fees that are deemed necessary for

6

the Community College of Rhode Island For the division of motor vehicles to administer the skill

7

test, not to exceed one hundred dollars ($100);

8

     (8) For every commercial learner's permit, sixty dollars ($60.00).

9

     (9) [Deleted by P.L. 2019, ch. 49, § 1 and P.L. 2019, ch. 75, § 1].

10

     SECTION 6. Sections 35-17-1 and 35-17-3 of the General Laws in Chapter 35-17 entitled

11

“Medical Assistance and Public Assistance Caseload Estimating Conference” are hereby amended

12

to read as follows:

13

     35-17-1. Purpose and membership.

14

     (a) In order to provide for a more stable and accurate method of financial planning and

15

budgeting, it is hereby declared the intention of the legislature that there be a procedure for the

16

determination of official estimates of anticipated medical assistance expenditures and public

17

assistance caseloads, upon which the executive budget shall be based and for which appropriations

18

by the general assembly shall be made.

19

     (b) The state budget officer, the house fiscal advisor, and the senate fiscal advisor shall

20

meet in regularly scheduled caseload estimating conferences (C.E.C.). These conferences shall be

21

open public meetings.

22

     (c) The chairpersonship of each regularly scheduled C.E.C. will rotate among the state

23

budget officer, the house fiscal advisor, and the senate fiscal advisor, hereinafter referred to as

24

principals. The schedule shall be arranged so that no chairperson shall preside over two (2)

25

successive regularly scheduled conferences on the same subject.

26

     (d) Representatives of all state agencies are to participate in all conferences for which their

27

input is germane.

28

     (e) The department of human services shall provide monthly data to the members of the

29

caseload estimating conference by the fifteenth day of the following month. Monthly data shall

30

include, but is not limited to, actual caseloads and expenditures for the following case assistance

31

programs: Rhode Island Works, SSI state program, general public assistance, and child care. For

32

individuals eligible to receive the payment under § 40-6-27(a)(1)(vi), the report shall include the

33

number of individuals enrolled in a managed care plan receiving long-term care services and

34

supports and the number receiving fee-for-service benefits. The executive office of health and

 

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human services shall report relevant caseload information and expenditures for the following

2

medical assistance categories: hospitals, long-term care, managed care, pharmacy, and other

3

medical services. In the category of managed care, caseload information and expenditures for the

4

following populations shall be separately identified and reported: children with disabilities,

5

children in foster care, and children receiving adoption assistance and RIte Share enrollees under §

6

40-8.4-12(j). The information shall include the number of Medicaid recipients whose estate may

7

be subject to a recovery and the anticipated amount to be collected from those subject to recovery,

8

the total recoveries collected each month and number of estates attached to the collections and each

9

month, the number of open cases and the number of cases that have been open longer than three

10

months.

11

     (f) Beginning July 1, 2021, behavioral healthcare, developmental disabilities and hospitals

12

shall provide monthly data to the members of the caseload estimating conference by the fifteenth

13

day of the following month. Monthly data shall include, but is not limited to, actual caseloads and

14

expenditures for the private community developmental disabilities services program. Information

15

shall include, but not be limited to the number of cases and expenditures from the beginning of the

16

fiscal year at the beginning of the prior month; cases added and denied during the prior month;

17

expenditures made; and the number of cases and expenditures at the end of the month. The

18

information concerning cases added and denied shall include summary information and profiles of

19

the service-demand request for eligible adults meeting the state statutory definition for services

20

from the division of developmental disabilities as determined by the division, including age,

21

Medicaid eligibility and agency selection placement with a list of the services provided, and the

22

reasons for the determinations of ineligibility for those cases denied. The department shall also

23

provide, monthly, the number of individuals in a shared-living arrangement and how many may

24

have returned to a 24-hour residential placement in that month. The department shall also report,

25

monthly, any and all information for the consent decree that has been submitted to the federal court

26

as well as the number of unduplicated individuals employed; the place of employment; and the

27

number of hours working. The department shall also provide the amount of funding allocated to

28

individuals above the assigned resource levels; the number of individuals and the assigned resource

29

level; and the reasons for the approved additional resources. The department will also collect and

30

forward to the house fiscal advisor, the senate fiscal advisor, and the state budget officer, by

31

November 1 of each year, the annual cost reports for each community-based provider for the prior

32

fiscal year. The department shall also provide the amount of patient liability to be collected and the

33

amount collected as well as the number of individuals who have a financial obligation. The

34

department will also provide a list of community-based providers awarded an advanced payment

 

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1

for residential and community-based day programs; the address for each property; and the value of

2

the advancement. If the property is sold, the department must report the final sale, including the

3

purchaser, the value of the sale, and the name of the agency that operated the facility. If residential

4

property, the department must provide the number of individuals residing in the home at the time

5

of sale and identify the type of residential placement that the individual(s) will be moving to. The

6

department must report if the property will continue to be licensed as a residential facility. The

7

department will also report any newly licensed twenty-four hour (24) group home; the provider

8

operating the facility; and the number of individuals residing in the facility. Prior to December 1,

9

2017, the department will provide the authorizations for community-based and day programs,

10

including the unique number of individuals eligible to receive the services and at the end of each

11

month the unique number of individuals who participated in the programs and claims processed.

12

     (g) The executive office of health and human services shall provide direct assistance to the

13

department of behavioral healthcare, developmental disabilities and hospitals to facilitate

14

compliance with the monthly reporting requirements in addition to preparation for the caseload

15

estimating conferences.

16

     35-17-3. Additional meetings.

17

     (a) Any time during a fiscal year that any principal feels that the recommendations of the

18

caseload estimating conference are no longer valid, then that principal, with the appropriate notice,

19

may convene a caseload estimating conference. The principal requesting the additional conference

20

shall be the chairperson for that conference.

21

     (b) If at any time during a fiscal year any participant feels that the recommendations of the

22

caseload estimating conference are no longer valid with the respect to their caseload sources then

23

that participant has a duty to and shall notify each of the principals. The director of the department

24

of human services secretary of the executive office of health and human services shall review the

25

concerns of each participant and determine whether the problems are sufficient to request an

26

additional conference.

27

     SECTION 7. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit

28

System" is hereby amended to read as follows:

29

     36-4-16.4. Salaries of directors.

30

     (a) In the month of March of each year, the department of administration shall conduct a

31

public hearing to determine salaries to be paid to directors of all state executive departments for the

32

following year, at which hearing all persons shall have the opportunity to provide testimony, orally

33

and in writing. In determining these salaries, the department of administration will take into

34

consideration the duties and responsibilities of the aforenamed officers, as well as such related

 

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1

factors as salaries paid executive positions in other states and levels of government, and in

2

comparable positions anywhere that require similar skills, experience, or training. Consideration

3

shall also be given to the amounts of salary adjustments made for other state employees during the

4

period that pay for directors was set last.

5

     (b) Each salary determined by the department of administration will be in a flat amount,

6

exclusive of such other monetary provisions as longevity, educational incentive awards, or other

7

fringe additives accorded other state employees under provisions of law, and for which directors

8

are eligible and entitled.

9

     (c) In no event will the department of administration lower the salaries of existing directors

10

during their term of office.

11

     (d) Upon determination by the department of administration, the proposed salaries of

12

directors will be referred to the general assembly by the last day in April of that year to go into

13

effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting

14

concurrently within that time.

15

     (e) Notwithstanding the provisions of this section, for 2015 only, the time period for the

16

department of administration to conduct the public hearing shall be extended to July and the

17

proposed salaries shall be referred to the general assembly by August 30. The salaries may take

18

effect before next year, but all other provisions of this section shall apply.

19

     (f) Notwithstanding the provisions of this section or any law to the contrary, for 2017 only,

20

the salaries of the director of the department of transportation, the secretary of health and human

21

services, and the director of administration shall be determined by the governor.

22

     (g) Notwithstanding the provisions of this section or any law to the contrary, for 2021 only,

23

the salary of the director of the department of children, youth and families shall be determined by

24

the governor.

25

     SECTION 8. Section 40.1-22-39 of the General Laws in Chapter 40.1-22 entitled

26

“Developmental Disabilities” is hereby is hereby repealed.

27

     40.1-22-39. Monthly reports to the general assembly.

28

      On or before the fifteenth (15th) day of each month, the department shall provide a

29

monthly report of monthly caseload and expenditure data, pertaining to eligible, developmentally

30

disabled adults, to the chairperson of the house finance committee; the chairperson of the senate

31

finance committee; the house fiscal advisor; the senate fiscal advisor; and the state budget officer.

32

The monthly report shall be in such form, and in such number of copies, and with such explanation

33

as the house and senate fiscal advisors may require. It shall include, but is not limited to, the number

34

of cases and expenditures from the beginning of the fiscal year at the beginning of the prior month;

 

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cases added and denied during the prior month; expenditures made; and the number of cases and

2

expenditures at the end of the month. The information concerning cases added and denied shall

3

include summary information and profiles of the service-demand request for eligible adults meeting

4

the state statutory definition for services from the division of developmental disabilities as

5

determined by the division, including age, Medicaid eligibility and agency selection placement with

6

a list of the services provided, and the reasons for the determinations of ineligibility for those cases

7

denied.

8

     The department shall also provide, monthly, the number of individuals in a shared-living

9

arrangement and how many may have returned to a 24-hour residential placement in that month.

10

The department shall also report, monthly, any and all information for the consent decree that has

11

been submitted to the federal court as well as the number of unduplicated individuals employed;

12

the place of employment; and the number of hours working.

13

     The department shall also provide the amount of funding allocated to individuals above the

14

assigned resource levels; the number of individuals and the assigned resource level; and the reasons

15

for the approved additional resources. The department will also collect and forward to the house

16

fiscal advisor, the senate fiscal advisor, and the state budget officer, by November 1 of each year,

17

the annual cost reports for each community-based provider for the prior fiscal year.

18

     The department shall also provide the amount of patient liability to be collected and the

19

amount collected as well as the number of individuals who have a financial obligation.

20

     The department will also provide a list of community-based providers awarded an

21

advanced payment for residential and community-based day programs; the address for each

22

property; and the value of the advancement. If the property is sold, the department must report the

23

final sale, including the purchaser, the value of the sale, and the name of the agency that operated

24

the facility. If residential property, the department must provide the number of individuals residing

25

in the home at the time of sale and identify the type of residential placement that the individual(s)

26

will be moving to. The department must report if the property will continue to be licensed as a

27

residential facility. The department will also report any newly licensed twenty-four hour (24) group

28

home; the provider operating the facility; and the number of individuals residing in the facility.

29

     Prior to December 1, 2017, the department will provide the authorizations for community-

30

based and day programs, including the unique number of individuals eligible to receive the services

31

and at the end of each month the unique number of individuals who participated in the programs

32

and claims processed.

33

     SECTION 9. Section 42-6-3 of the General Laws in Chapter 42-6 entitled "Departments

34

of State Government" is hereby amended to read as follows:

 

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1

     42-6-3. Appointment of directors.

2

     (a) At the January session following his or her election to office, the governor shall appoint

3

a director of administration, a director of revenue, a director of public safety, a director of human

4

services, a director of behavioral healthcare, developmental disabilities and hospitals, a director of

5

transportation, a director of business regulation, a director of labor and training, a director of

6

environmental management, a director for children, youth and families, and a director of

7

corrections. The governor shall, in all cases of appointment of a director while the senate is in

8

session, notify the senate of his or her appointment and the senate shall, within sixty (60) legislative

9

days after receipt of the notice, act upon the appointment. If the senate shall, within sixty (60)

10

legislative days, vote to disapprove the appointment, it shall so notify the governor, who shall

11

forthwith appoint and notify the senate of the appointment of a different person as director and so

12

on in like manner until the senate shall fail to so vote disapproval of the governor's appointment. If

13

the senate shall fail, for sixty (60) legislative days next after notice, to act upon any appointment of

14

which it has been notified by the governor, the person so appointed shall be the director. The

15

governor may withdraw any appointment of which he or she has given notice to the senate, at any

16

time within sixty (60) legislative days thereafter and before action has been taken thereon by the

17

senate.

18

     (b) Except as expressly provided in § 42-6-9, and except that the governor may enter into

19

a contract of employment for a director of the department of children, youth and families for a

20

period of time up to three (3) years, no director of any department shall be appointed or employed

21

pursuant to any contract of employment for a period of time greater than the remainder of the

22

governor's current term of office. Any contract entered into in violation of this section after July 1,

23

1994, is hereby declared null and void.

24

     SECTION 10. Section 42-9-19 of the General Laws in Chapter 42-9 entitled "Department

25

of Attorney General" is hereby amended to read as follows:

26

     42-9-19. Acceptance of settlements -- Attorney General settlement restricted account.

27

     (a) The attorney general is hereby authorized and empowered to accept in the name of the

28

state any settlement resulting from a multi-state initiative. The attorney general is additionally

29

authorized and empowered to recover attorney's fees and costs that shall be considered settlement

30

proceeds for purposes of this chapter.

31

     (b) The settlement proceeds shall be transferred to the general treasurer for deposit in the

32

general fund. The general treasurer shall transfer ten percent (10%) of such proceeds, up to sixty-

33

five thousand dollars ($65,000) seven hundred and fifty thousand dollars ($750,000) in any fiscal

34

year, to the "attorney general multi-state initiative restricted-receipt account." Any balance in

 

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1

excess of seven hundred and fifty thousand dollars ($750,000) remaining in the account at the end

2

of the fiscal year shall be transferred back to the state general fund. The restricted-receipt account

3

shall be used to pay for staff, operational, and litigation costs associated with multi-state initiatives.

4

     (c) Expenditure of all settlement proceeds accepted by the attorney general as part of the

5

terms of the relevant master settlement agreement shall be subject to the annual appropriation

6

process and approval by the general assembly.

7

     SECTION 11. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department

8

of Administration" is hereby amended to read as follows:

9

     42-11-2. Powers and duties of department.

10

     The department of administration shall have the following powers and duties:

11

     (1) To prepare a budget for the several state departments and agencies, subject to the

12

direction and supervision of the governor;

13

     (2) To administer the budget for all state departments and agencies, except as specifically

14

exempted by law;

15

     (3) To devise, formulate, promulgate, supervise, and control accounting systems,

16

procedures, and methods for the state departments and agencies, conforming to such accounting

17

standards and methods as are prescribed by law;

18

     (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and

19

services needed by state departments and agencies, except as specifically exempted by law;

20

     (5) To prescribe standard specifications for those purchases and contracts and to enforce

21

compliance with specifications;

22

     (6) To supervise and control the advertising for bids and awards for state purchases;

23

     (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus

24

and salvage, and the transfer to or between state departments and agencies of needed supplies,

25

equipment, and materials;

26

     (8) To maintain, equip, and keep in repair the state house, state office building, and other

27

premises owned or rented by the state for the use of any department or agency, excepting those

28

buildings, the control of which is vested by law in some other agency;

29

     (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and

30

property, real and personal;

31

     (10) To require reports from state agencies on the buildings and property in their custody;

32

     (11) To issue regulations to govern the protection and custody of the property of the state;

33

     (12) To assign office and storage space and to rent and lease land and buildings for the use

34

of the several state departments and agencies in the manner provided by law;

 

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1

     (13) To control and supervise the acquisition, operation, maintenance, repair, and

2

replacement of state-owned motor vehicles by state agencies;

3

     (14) To maintain and operate central duplicating and mailing service for the several state

4

departments and agencies;

5

     (15) To furnish the several departments and agencies of the state with other essential office

6

services;

7

     (16) To survey and examine the administration and operation of the state departments and

8

agencies, submitting to the governor proposals to secure greater administrative efficiency and

9

economy, to minimize the duplication of activities, and to effect a better organization and

10

consolidation of functions among state agencies;

11

     (17) To operate a merit system of personnel administration and personnel management as

12

defined in § 36-3-3 in connection with the conditions of employment in all state departments and

13

agencies within the classified service;

14

     (18) To assign or reassign, with the approval of the governor, any functions, duties, or

15

powers established by this chapter to any agency within the department;

16

     (19) To establish, maintain, and operate a data processing center or centers, approve the

17

acquisition and use of electronic data processing services by state agencies, furnish staff assistance

18

in methods, systems and programming work to other state agencies, and arrange for and effect the

19

centralization and consolidation of punch card and electronic data processing equipment and

20

services in order to obtain maximum utilization and efficiency;

21

     (20) To devise, formulate, promulgate, supervise, and control a comprehensive and

22

coordinated statewide information system designed to improve the data base used in the

23

management of public resources, to consult and advise with other state departments and agencies

24

and municipalities to assure appropriate and full participation in this system, and to encourage the

25

participation of the various municipalities of this state in this system by providing technical or other

26

appropriate assistance toward establishing, within those municipalities, compatible information

27

systems in order to obtain the maximum effectiveness in the management of public resources;

28

     (i) The comprehensive and coordinated statewide information system may include a Rhode

29

Island geographic information system of land-related economic, physical, cultural and natural

30

resources.

31

     (ii) In order to ensure the continuity of the maintenance and functions of the geographic

32

information system, the general assembly may annually appropriate such sum as it may deem

33

necessary to the department of administration for its support.

34

     (21) To administer a statewide planning program including planning assistance to the state

 

Art3
RELATING TO GOVERNMENT REFORM AND REORGANIZATION
(Page 15 of 20)

1

departments and agencies;

2

     (22) To administer a statewide program of photography and photographic services;

3

     (23) To negotiate with public or private educational institutions in the state, in cooperation

4

with the department of health, for state support of medical education;

5

     (24) To promote the expansion of markets for recovered material and to maximize their

6

return to productive economic use through the purchase of materials and supplies with recycled

7

content by the state of Rhode Island to the fullest extent practically feasible;

8

     (25) To approve costs as provided in § 23-19-32; and

9

     (26) To provide all necessary civil service tests for child protective investigators and social

10

workers at least twice each year and to maintain an adequate hiring list for these positions at all

11

times.

12

     (27)(a) To prepare a report every three (3) months by all current property leases or rentals

13

by any state or quasi-state agency to include the following information:

14

     (i) Name of lessor;

15

     (ii) Description of the lease (purpose, physical characteristics, and location);

16

     (iii) Cost of the lease;

17

     (iv) Amount paid to date;

18

     (v) Date initiated;

19

     (vi) Date covered by the lease.

20

     (b) To prepare a report by October 31, 2014, of all current property owned by the state or

21

leased 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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     (xii) Strategic plan for leases commencing or expiring by June 30, 2016;

2

     (xiii) Map of all state buildings which provides: cost per square foot to maintain, total

3

number of square feet, total operating cost, date each lease expires, number of persons per building

4

and total number of vacant seats per building; and

5

     (xiv) Industry benchmark report which shall include total operating cost by full-time

6

equivalent employee, total operating cost by square foot and total square feet divided by full-time

7

equivalent employee.

8

     (28) To prepare a report to the chairs of the House and Senate finance committees by

9

December 15, 2021, and each year thereafter of all current property owned by the state or leased

10

by any state agency or quasi-state agency to include the following information:

11

     (i) Total square feet for each building or leased space;

12

     (ii) Total square feet for each building and space utilized as office space currently;

13

     (iii) Location of each building or leased space;

14

     (iv) Ratio and listing of buildings owned by the state versus leased;

15

     (v) Total occupancy costs which shall include capital expenses, provided a proxy should

16

be provided to compare properties that are owned versus leased by showing capital expenses on

17

owned properties as a per square foot cost at industry depreciation rates;

18

     (vi) Expiration dates of leases;

19

     (vii) Number of workstations per building or leased space;

20

     (viii) Total square feet divided by number of workstations;

21

     (ix) Total number of vacant workstations;

22

     (x) Percentage of vacant workstations versus total workstations available;

23

     (xi) Date when an action is required by the state to renew or terminate a lease;

24

     (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each

25

subsequent year thereafter;

26

     (xiii) Map of all state buildings which provides: cost per square foot to maintain, total

27

number of square feet, total operating cost, date each lease expires, number of persons per building

28

and total number of vacant seats per building; and

29

     (xiv) Industry benchmark report which shall include total operating cost by full-time

30

equivalent employee, total operating cost by square foot and total square feet divided by full-time

31

equivalent employee.

32

     (28)(29) To provide by December 31, 1995, the availability of automatic direct deposit to

33

any recipient of a state benefit payment, provided that the agency responsible for making that

34

payment generates one thousand (1,000) or more such payments each month.

 

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1

     (29)(30) To encourage municipalities, school districts, and quasi-public agencies to

2

achieve cost savings in health insurance, purchasing, or energy usage by participating in state

3

contracts, or by entering into collaborative agreements with other municipalities, districts, or

4

agencies. To assist in determining whether the benefit levels including employee cost sharing and

5

unit costs of such benefits and costs are excessive relative to other municipalities, districts, or quasi-

6

public agencies as compared with state benefit levels and costs.

7

     (30)(31) To administer a health benefit exchange in accordance with chapter 157 of title

8

42.

9

     SECTION 12. Section 42-142-8 of the General Laws in Chapter 42-14 entitled

10

“Department of Revenue” is hereby amended to read as follows:

11

     42-142-8. Collection unit.

12

     (a) The director of the department of revenue is authorized to establish within the

13

department of revenue a collection unit for the purpose of assisting state agencies in the collection

14

of debts owed to the state. The director of the department of revenue may enter into an agreement

15

with any state agency(ies) to collect any delinquent debt owed to the state.

16

     (b) The director of the department of revenue shall initially implement a pilot program to

17

assist the agency(ies) with the collection of delinquent debts owed to the state.

18

     (c) The agency(ies) participating in the pilot program shall refer to the collection unit

19

within the department of revenue, debts owed by delinquent debtors where the nature and amount

20

of the debt owed has been determined and reconciled by the agency and the debt is: (i) The subject

21

of a written settlement agreement and/or written waiver agreement and the delinquent debtor has

22

failed to timely make payments under the agreement and/or waiver and is therefore in violation of

23

the terms of the agreement and/or waiver; (ii) The subject of a final administrative order or decision

24

and the debtor has not timely appealed the order or decision; (iii) The subject of final order,

25

judgment, or decision of a court of competent jurisdiction and the debtor has not timely appealed

26

the order, judgment, or decision. The collection unit shall not accept a referral of any delinquent

27

debt unless it satisfies subsection (c)(i), (ii) or (iii) of this section.

28

     (d) Any agency(ies) entering into an agreement with the department of revenue to allow

29

the collection unit of the department to collect a delinquent debt owed to the state shall indemnify

30

the department of revenue against injuries, actions, liabilities, or proceedings arising from the

31

collection, or attempted collection, by the collection unit of the debt owed to the state.

32

     (e) Before referring a delinquent debt to the collection unit, the agency(ies) must notify the

33

debtor of its intention to submit the debt to the collection unit for collection and of the debtor's right

34

to appeal that decision not less than thirty (30) days before the debt is submitted to the collection

 

Art3
RELATING TO GOVERNMENT REFORM AND REORGANIZATION
(Page 18 of 20)

1

unit.

2

     (f) At such time as the agency(ies) refers a delinquent debt to the collection unit, the agency

3

shall: (i) Represent in writing to the collection unit that it has complied with all applicable state and

4

federal laws and regulations relating to the collection of the debt, including, but not limited to, the

5

requirement to provide the debtor with the notice of referral to the collection unit under subsection

6

(e) of this section; and (ii) Provide the collection unit personnel with all relevant supporting

7

documentation including, but not limited to, notices, invoices, ledgers, correspondence,

8

agreements, waivers, decisions, orders, and judgments necessary for the collection unit to attempt

9

to collect the delinquent debt.

10

     (g) The referring agency(ies) shall assist the collection unit by providing any and all

11

information, expertise, and resources deemed necessary by the collection unit to collect the

12

delinquent debts referred to the collection unit.

13

     (h) Upon receipt of a referral of a delinquent debt from an agency(ies), the amount of the

14

delinquent debt shall accrue interest at the annual rate of interest established by law for the referring

15

agency or at an annual rate of 13%, whichever percentage rate is greater.

16

     (i) Upon receipt of a referral of a delinquent debt from the agency(ies), the collection unit

17

shall provide the delinquent debtor with a "Notice of Referral" advising the debtor that:

18

     (1) The delinquent debt has been referred to the collection unit for collection; and

19

     (2) The collection unit will initiate, in its names, any action that is available under state law

20

for the collection of the delinquent debt, including, but not limited to, referring the debt to a third

21

party to initiate said action.

22

     (j) Upon receipt of a referral of a delinquent debt from an agency(ies), the director of the

23

department of revenue shall have the authority to institute, in its name, any action(s) that are

24

available under state law for collection of the delinquent debt and interest, penalties, and/or fees

25

thereon and to, with or without suit, settle the delinquent debt.

26

     (k) In exercising its authority under this section, the collection unit shall comply with all

27

state and federal laws and regulations related to the collection of debts.

28

     (l) Upon the receipt of payment from a delinquent debtor, whether a full or partial payment,

29

the collection unit shall disburse/deposit the proceeds of the payment in the following order:

30

     (1) To the appropriate federal account to reimburse the federal government funds owed to

31

them by the state from funds recovered; and

32

     (2) The balance of the amount collected to the referring agency.

33

     (m) Notwithstanding the above, the establishment of a collection unit within the department

34

of revenue shall be contingent upon an annual appropriation by the general assembly of amounts

 

Art3
RELATING TO GOVERNMENT REFORM AND REORGANIZATION
(Page 19 of 20)

1

necessary and sufficient to cover the costs and expenses to establish, maintain, and operate the

2

collection unit including, but not limited to, computer hardware and software, maintenance of the

3

computer system to manage the system, and personnel to perform work within the collection unit.

4

     (n) In addition to the implementation of any pilot program, the collection unit shall comply

5

with the provisions of this section in the collection of all delinquent debts under this section.

6

     (o) The department of revenue is authorized to promulgate rules and regulations as it deems

7

appropriate with respect to the collection unit.

8

     (p) By September 1, 2020, and each year thereafter, the department of revenue shall

9

specifically assess the performance, effectiveness, and revenue impact of the collections associated

10

with this section, including, but not limited to, the total amounts referred and collected by each

11

referring agency during the previous state fiscal year to the governor, the speaker of the house of

12

representatives, the president of the senate, the chairpersons of the house and senate finance

13

committees, and the house and senate fiscal advisors. The report shall include the net revenue

14

impact to the state of the collection unit.

15

     (q) No operations of a collection unit pursuant to this chapter shall be authorized after June

16

30, 2021 2023.

17

     SECTION 13. Section 5 shall take effect on January 1, 2022. The remaining shall take

18

effect upon passage.

 

Art3
RELATING TO GOVERNMENT REFORM AND REORGANIZATION
(Page 20 of 20)

=======

art.004/4/004/3/004/2/004/1

=======

1

     ARTICLE 4

2

RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

3

     SECTION 1. This article shall serve as joint resolution required pursuant to Rhode Island

4

General Law § 35-18-1, et seq. and propose legislation related thereto.

5

     SECTION 2. Section 2, Article 6 of Chapter 88 of the 2019 Public Laws is hereby amended

6

to read as follows:

7

     Section 2. University of Rhode Island – Memorial Union – Auxiliary Enterprise

8

     WHEREAS, The University of Rhode Island Board of Trustees and the University have a

9

long-standing commitment to the overall development of their students; and

10

     WHEREAS, The University believes that the Memorial Union celebrates life at URI and

11

acts as the nexus for campus community, student engagement, and leadership. It is an intersection

12

connecting the academic core of campus and the campus's socially active residential community.

13

The student union at the University is an integral part of the educational ecosystem that shapes the

14

student experience; and

15

     WHEREAS, The University of Rhode Island Board of Trustees and the University of

16

Rhode Island are proposing a project which involves the renovation and expansion of the Memorial

17

Union to meet the ongoing and growing needs of their students; and

18

     WHEREAS, The University engaged a qualified architectural firm, which has completed

19

an advanced planning study for this renovation; and

20

     WHEREAS, The Rhode Island Public Corporation Debt Management Act requires the

21

General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island

22

and other public agencies of certain obligations including financing guarantees or other agreements;

23

and

24

     WHEREAS, The design and construction associated with this work of an Auxiliary

25

Enterprise building will be financed through the Rhode Island Health and Educational Building

26

Corporation (RIHEBC) revenue bonds, with an expected term of thirty (30) years; and

27

     WHEREAS, The total project costs associated with completion of the project through the

28

proposed financing method is fifty-one million five hundred thousand dollars ($51,500,000) fifty-

29

seven million six hundred thousand dollars ($57,600,000), including cost of issuance. Debt service

30

payments would be supported by revenues derived from student fees and retail lease payments

 

1

associated with the respective Auxiliary Enterprises of the University of Rhode Island occupying

2

said facility. Total debt service on the bonds is not expected to exceed one hundred twelve million

3

three hundred thousand dollars ($112,300,000) one hundred twenty-five million six hundred

4

thousand dollars ($125,600,000) in the aggregate based on an average interest rate of six (6%)

5

percent; now, therefore be it

6

     RESOLVED, That this General Assembly hereby approves financing in an amount not to

7

exceed fifty-one million five hundred thousand dollars ($51,500,000) fifty-seven million six

8

hundred thousand dollars ($57,600,000) for the Memorial Union project for the auxiliary enterprise

9

building on the University of Rhode Island campus; and be it further

10

     RESOLVED, That this Joint Resolution shall take effect upon passage.

11

     SECTION 3. Section 4, Article 6 of Chapter 88 of the 2019 Public Laws is hereby amended

12

to read as follows:

13

     Section 4. University of Rhode Island – Combined Health & Counseling Center – Auxiliary

14

Enterprise

15

     WHEREAS, The University of Rhode Island Board of Trustees and the University have a

16

long-standing commitment to the health and wellness of their students; and

17

     WHEREAS, The University has a desire to create a one-stop center to address the physical,

18

emotional, and mental health of its students; and

19

     WHEREAS, The University of Rhode Island Board of Trustees and the University of

20

Rhode Island are proposing a project which involves the construction of a new Combined Health

21

& Counseling Center to meet the ongoing and growing health needs of their students; and

22

     WHEREAS, The University engaged a qualified architectural firm, which has completed

23

an advanced planning study for this new building; and

24

     WHEREAS, The Rhode Island Public Corporation Debt Management Act requires the

25

General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island

26

and other public agencies of certain obligations including financing guarantees or other agreements;

27

and

28

     WHEREAS, The design and construction associated with this work of an Auxiliary

29

Enterprise building will be financed through the Rhode Island Health and Educational Building

30

Corporation (RIHEBC) revenue bonds, with an expected term of thirty (30) years; and

31

     WHEREAS, The total project costs associated with completion of the project through the

32

proposed financing method is twenty-six nine hundred thousand dollars ($26,900,000) twenty-nine

33

million dollars ($29,000,000), including cost of issuance. Debt service payments would be

34

supported by revenues derived from student fees associated with the respective Auxiliary

 

Art4
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
(Page 2 of 3)

1

Enterprises of the University of Rhode Island occupying said facility. Total debt service on the

2

bonds is not expected to exceed fifty-eight million seven hundred thousand dollars ($58,700,000)

3

sixty-three million three hundred thousand dollars ($63,300,000) in the aggregate based on an

4

average interest rate of six (6%) percent; now, therefore be it

5

     RESOLVED, That this General Assembly hereby approves financing in an amount not to

6

exceed twenty-six million nine hundred thousand dollars ($26,900,000) twenty-nine million dollars

7

($29,000,000) for the Combined Health & Counseling Center project for the auxiliary enterprise

8

building on the University of Rhode Island campus; and be it further

9

     RESOLVED, That, this Joint Resolution shall take effect upon passage.

10

     SECTION 4. This article shall take effect upon passage.

 

Art4
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
(Page 3 of 3)

=======

art.005/5/005/4/005/3/005/2

=======

1

     ARTICLE 5

2

RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021

3

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

4

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

5

treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2021.

6

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

7

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

8

and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw

9

his or her orders upon the general treasurer for the payment of such sums or such portions thereof

10

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

11

      FY 2021 FY 2021 FY 2021

12

      Enacted Change FINAL

13

Administration

14

Central Management

15

General Revenues 2,067,998 (80,997) 1,987,001

16

Federal Funds – COVID Relief 0 213,553,820 213,553,820

17

Federal Funds – Higher Education

18

COVID Relief 0 23,000,000 23,000,000

19

Total – Central Management 2,067,998 236,472,823 238,540,821

20

Legal Services

21

General Revenues 1,978,549 406,564 2,385,113

22

Federal Funds 0 958,068 958,068

23

Total – Legal Services 1,978,549 1,364,632 3,343,181

24

Accounts and Control

25

General Revenues 4,795,477 14,447 4,809,924

26

Federal Funds 347,447 (291,927) 55,520

27

Restricted Receipts –

28

OPEB Board Administration 140,188 147 140,335

29

Total – Accounts and Control 5,283,112 (277,333) 5,005,779

30

Office of Management and Budget

 

1

General Revenues 7,479,409 (49,559) 7,429,850

2

Federal Funds 726,930 193,980 920,910

3

Restricted Receipts 300,000 0 300,000

4

Other Funds 1,037,546 3,603 1,041,149

5

Total – Office of Management and Budget 9,543,885 148,024 9,691,909

6

Purchasing

7

General Revenues 3,591,871 85,339 3,677,210

8

Federal Funds 0 41,998 41,998

9

Restricted Receipts 462,694 (462,694) 0

10

Other Funds 472,160 1,556 473,716

11

Total – Purchasing 4,526,725 (333,801) 4,192,924

12

Human Resources

13

General Revenues 389,142 0 389,142

14

Personnel Appeal Board

15

General Revenues 125,298 205 125,503

16

Information Technology

17

General Revenues 1,297,418 820 1,298,238

18

Federal Funds 114,000 6,212,758 6,326,758

19

Restricted Receipts 9,549,630 2,863,834 12,413,464

20

Total – Information Technology 10,961,048 9,077,412 20,038,460

21

Library and Information Services

22

General Revenues 1,605,551 3,258 1,608,809

23

Federal Funds 1,368,914 8,671 1,377,585

24

Restricted Receipts 1,404 0 1,404

25

Total – Library and Information Services 2,975,869 11,929 2,987,798

26

Planning

27

General Revenues 1,114,044 2,327 1,116,371

28

Federal Funds 15,448 103,597 119,045

29

Other Funds

30

Air Quality Modeling 24,000 0 24,000

31

Federal Highway – PL Systems Planning 4,431,153 5,755 4,436,908

32

State Transportation Planning Match 473,224 1,645 474,869

33

FTA – Metro Planning Grant 1,234,666 1,368 1,236,034

34

Total – Planning 7,292,535 114,692 7,407,227

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 2 of 36)

1

General

2

General Revenues

3

Miscellaneous Grants/Payments 130,000 0 130,000

4

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

5

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

6

Torts – Courts/Awards 400,000 500,000 900,000

7

Resource Sharing and State Library Aid 9,562,072 0 9,562,072

8

Library Construction Aid 2,702,866 0 2,702,866

9

Transfer to RICAP Fund 0 120,000,000 120,000,000

10

Federal Funds 0 87,363,916 87,363,916

11

Restricted Receipts 700,000 300,000 1,000,000

12

Other Funds

13

Rhode Island Capital Plan Funds

14

Security Measures State Buildings 588,719 0 588,719

15

Energy Efficiency Improvements 194,329 0 194,329

16

Cranston Street Armory 37,396 0 37,396

17

State House Renovations 1,510,696 0 1,510,696

18

Zambarano Utilities & Infrastructure 250,000 0 250,000

19

Replacement of Fueling Tanks 300,000 0 300,000

20

Environmental Compliance 182,280 0 182,280

21

Big River Management Area 100,000 0 100,000

22

Shepard Building 500,000 0 500,000

23

Pastore Center Water Tanks & Pipes 100,000 7,681 107,681

24

RI Convention Center Authority 1,000,000 0 1,000,000

25

Pastore Center Power Plant Rehabilitation 932,503 0 932,503

26

Accessibility – Facility Renovations 1,057,621 0 1,057,621

27

DoIT Enterprise Operations Center 736,171 (186,171) 550,000

28

BHDDH MH & Community Facilities –

29

Asset Protection 200,000 0 200,000

30

BHDDH DD & Community Homes –

31

Fire Code 1,619,702 0 1,619,702

32

BHDDH DD Regional Facilities –

33

Asset Protection 300,000 0 300,000

34

BHDDH Substance Abuse

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 3 of 36)

1

Asset Protection 250,000 0 250,000

2

BHDDH Group Homes 500,000 0 500,000

3

Statewide Facility Master Plan 165,138 0 165,138

4

Cannon Building 500,000 (170,000) 330,000

5

Old State House 1,519,815 0 1,519,815

6

State Office Building 100,000 0 100,000

7

State Office Reorganization & Relocation 1,952,765 0 1,952,765

8

William Powers Building 760,587 0 760,587

9

Pastore Center Utilities Upgrade 436,760 0 436,760

10

Pastore Center Non-Medical Buildings

11

Asset Protection 2,314,240 0 2,314,240

12

Washington County Government Center 427,467 (100,000) 327,467

13

Chapin Health Laboratory 550,000 0 550,000

14

Medical Examiner New Facility 500,000 0 500,000

15

Total – General 33,081,127 207,715,426 240,796,553

16

Debt Service Payments

17

General Revenues 156,032,478 (242,000) 155,790,478

18

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

19

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

20

maximum debt service due in accordance with the loan agreement.

21

Other Funds

22

Transportation Debt Service 37,878,336 0 37,878,336

23

Investment Receipts – Bond Funds 100,000 0 100,000

24

Total - Debt Service Payments 194,010,814 (242,000) 193,768,814

25

Energy Resources

26

Federal Funds 979,019 27,686 1,006,705

27

Restricted Receipts 7,504,706 5,414,071 12,918,777

28

Total – Energy Resources 8,483,725 5,441,757 13,925,482

29

Rhode Island Health Benefits Exchange

30

General Revenues 1,369,654 (69,509) 1,300,145

31

Federal Funds 0 362,962 362,962

32

Restricted Receipts 20,175,138 (8,293,455) 11,881,683

33

Total – Rhode Island Health Benefits

34

Exchange 21,544,792 (8,000,002) 13,544,790

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 4 of 36)

1

Office of Diversity, Equity & Opportunity

2

General Revenues 1,335,476 (245,929) 1,089,547

3

Other Funds 112,354 419 112,773

4

Total – Office of Diversity, Equity & Opportunity 1,447,830 (245,510) 1,202,320

5

Capital Asset Management and Maintenance

6

General Revenues 10,870,867 2,013,277 12,884,144

7

Federal Funds 0 45,221,362 45,221,362

8

Total – Capital Asset Management

9

and Maintenance 10,870,867 47,234,639 58,105,506

10

Statewide

11

General Revenues

12

General Revenues 16,165,000 (16,165,000) 0

13

     Provided that this amount is for expenses in support of the state’s COVID-19 response after

14

December 30, 2020.

15

Transfer to RICAP 90,000,000 (90,000,000) 0

16

LIUNA Settlement Liability 0 4,688,688 4,688,688

17

Federal Funds – COVID Relief 202,300,000 (202,300,000) 0

18

Total – Statewide 308,465,000 (303,776,312) 4,688,688

19

Grand Total – Administration 623,048,316 194,706,581 817,754,897

20

Business Regulation

21

Central Management

22

General Revenues 4,536,139 (1,812,901) 2,723,238

23

Federal Funds 891,638 (539,874) 351,764

24

Total – Central Management 5,427,777 (2,352,775) 3,075,002

25

Banking Regulation

26

General Revenues 1,573,138 (14,759) 1,558,379

27

Restricted Receipts 75,000 (10,000) 65,000

28

Total – Banking Regulation 1,648,138 (24,759) 1,623,379

29

Securities Regulation

30

General Revenues 691,321 (56,111) 635,210

31

Federal Funds 206,735 (195,432) 11,303

32

Restricted Receipts 15,000 (15,000) 0

33

Total – Securities Regulation 913,056 (266,543) 646,513

34

Insurance Regulation

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 5 of 36)

1

General Revenues 3,650,200 (53,572) 3,596,628

2

Federal Funds 222,500 (12,805) 209,695

3

Restricted Receipts 2,009,654 (385,300) 1,624,354

4

Total – Insurance Regulation 5,882,354 (451,677) 5,430,677

5

Office of the Health Insurance Commissioner

6

General Revenues 1,710,887 (31,203) 1,679,684

7

Federal Funds 132,983 175,044 308,027

8

Restricted Receipts 491,623 (8,266) 483,357

9

Total – Office of the Health Insurance

10

Commissioner 2,335,493 135,575 2,471,068

11

Board of Accountancy

12

General Revenues 5,883 0 5,883

13

Commercial Licensing and Gaming and Athletics Licensing

14

General Revenues 1,008,450 (52,823) 955,627

15

Federal Funds 0 135,256 135,256

16

Restricted Receipts 942,967 (141,647) 801,320

17

Total – Commercial Licensing and Gaming

18

and Athletics Licensing 1,951,417 (59,214) 1,892,203

19

Building, Design and Fire Professionals

20

General Revenues 4,293,409 (386,347) 3,907,062

21

Federal Funds 1,788,608 1,212,940 3,001,548

22

Restricted Receipts 2,021,893 (295,159) 1,726,734

23

Other Funds

24

Quonset Development Corporation 73,013 266 73,279

25

Total – Building, Design and Fire Professionals 8,176,923 531,700 8,708,623

26

Office of Cannabis Regulation

27

Restricted Receipts 1,413,888 (417,008) 996,880

28

Grand Total – Business Regulation 27,754,929 (2,904,701) 24,850,228

29

Executive Office of Commerce

30

Central Management

31

General Revenues 1,695,037 (15,864) 1,679,173

32

Federal Funds 262,882 1,842,930 2,105,812

33

Total – Central Management 1,957,919 1,827,066 3,784,985

34

Housing and Community Development

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 6 of 36)

1

General Revenues 1,380,228 (478,873) 901,355

2

Federal Funds 28,389,425 7,515,565 35,904,990

3

Restricted Receipts 4,741,765 160 4,741,925

4

Total – Housing and Community Development 34,511,418 7,036,852 41,548,270

5

Quasi–Public Appropriations

6

General Revenues

7

Rhode Island Commerce Corporation 7,431,022 0 7,431,022

8

Airport Impact Aid 1,010,036 0 1,010,036

9

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

10

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

11

total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)

12

of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2020

13

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

14

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

15

shall make an impact payment to the towns or cities in which the airport is located based on this

16

calculation. Each community upon which any part of the above airports is located shall receive at

17

least $25,000.

18

STAC Research Alliance 900,000 0 900,000

19

Innovative Matching Grants/Internships 1,000,000 0 1,000,000

20

I-195 Redevelopment District Commission 761,000 0 761,000

21

Polaris Manufacturing Grant 350,000 0 350,000

22

East Providence Waterfront Commission 50,000 0 50,000

23

Urban Ventures 140,000 0 140,000

24

Chafee Center at Bryant 476,200 0 476,200

25

Other Funds

26

Rhode Island Capital Plan Funds

27

I-195 Redevelopment District Commission 510,000 0 510,000

28

Quonset Piers 0 20,274 20,274

29

Total – Quasi–Public Appropriations 12,628,258 20,274 12,648,532

30

Economic Development Initiatives Fund

31

General Revenues

32

Innovation Initiative 1,000,000 0 1,000,000

33

Rebuild RI Tax Credit Fund 22,500,000 15,000,000 37,500,000

34

Competitive Cluster Grants 100,000 0 100,000

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 7 of 36)

1

Small Business Promotion 300,000 0 300,000

2

Federal Funds 141,300,000 (107,300,000) 34,000,000

3

Total – Economic Development Initiatives

4

Fund 165,200,000 (92,300,000) 72,900,000

5

Commerce Programs

6

General Revenues

7

Wavemaker Fellowship 1,200,000 0 1,200,000

8

Grand Total – Executive Office of Commerce 215,497,595 (83,415,808) 132,081,787

9

Labor and Training

10

Central Management

11

General Revenues 676,044 230 676,274

12

Restricted Receipts 196,424 503 196,927

13

Total – Central Management 872,468 733 873,201

14

Workforce Development Services

15

General Revenues 704,517 0 704,517

16

Federal Funds 26,230,098 2,060,814 28,290,912

17

Other Funds 39,780 51,121 90,901

18

Total – Workforce Development Services 26,974,395 2,111,935 29,086,330

19

Workforce Regulation and Safety

20

General Revenues 3,103,811 9,164 3,112,975

21

Income Support

22

General Revenues 3,811,689 589 3,812,278

23

Federal Funds 973,404,843 1,255,994,304 2,229,399,147

24

Restricted Receipts 1,593,110 148,948 1,742,058

25

Other Funds

26

Temporary Disability Insurance Fund 212,141,303 31,257 212,172,560

27

Employment Security Fund 415,075,000 8,100,000 423,175,000

28

Total – Income Support 1,606,025,945 1,264,275,098 2,870,301,043

29

Injured Workers Services

30

Restricted Receipts 11,960,047 18,113 11,978,160

31

Labor Relations Board

32

General Revenues 374,938 777 375,715

33

Governor’s Workforce Board

34

General Revenues 5,450,000 0 5,450,000

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 8 of 36)

1

Federal Funds – COVID Relief 45,000,000 (18,261,052) 26,738,948

2

Restricted Receipts 12,585,898 225,831 12,811,729

3

Total – Governor’s Workforce Board 63,035,898 (18,035,221) 45,000,677

4

Grand Total – Labor and Training 1,712,347,502 1,248,380,599 2,960,728,101

5

Department of Revenue

6

Director of Revenue

7

General Revenues 1,945,426 3,722 1,949,148

8

Federal Funds 0 46,725,000 46,725,000

9

Total – Director of Revenue 1,945,426 46,728,722 48,674,148

10

Office of Revenue Analysis

11

General Revenues 884,638 (70,197) 814,441

12

Lottery Division

13

Federal Funds 0 56,000 56,000

14

Other Funds 434,567,292 43,092 434,610,384

15

Total – Lottery Division 434,567,292 99,092 434,666,384

16

Municipal Finance

17

General Revenues 2,125,828 (170,463) 1,955,365

18

Taxation

19

General Revenues 31,562,909 (1,014,642) 30,548,267

20

Federal Funds 1,495,230 4,919 1,500,149

21

Restricted Receipts 1,164,098 559,875 1,723,973

22

Other Funds

23

Motor Fuel Tax Evasion 155,000 0 155,000

24

Temporary Disability Insurance Fund 1,103,794 3,623 1,107,417

25

Total – Taxation 35,481,031 (446,225) 35,034,806

26

Registry of Motor Vehicles

27

General Revenues 29,288,918 811,132 30,100,050

28

Federal Funds 85,174 763,254 848,428

29

Restricted Receipts 3,400,411 (1,707,824) 1,692,587

30

Total – Registry of Motor Vehicles 32,774,503 (133,438) 32,641,065

31

State Aid

32

General Revenues

33

Distressed Communities Relief Fund 2,580,095 0 2,580,095

34

Payment in Lieu of Tax Exempt

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 9 of 36)

1

Properties 19,203,960 0 19,203,960

2

Motor Vehicle Excise Tax Payments 37,728,006 0 37,728,006

3

Property Revaluation Program 1,118,610 (115,502) 1,003,108

4

     Provided that notwithstanding any other provision of law, the appropriations for Distressed

5

Communities Relief Fund, Payment in Lieu of Tax Exempt Properties, and Motor Vehicle Excise

6

Tax Payments shall not exceed the amounts set forth above and shall be allocated to municipalities

7

in the amounts already distributed as of the date of budget enactment, except for fire districts and

8

the Town of Exeter which shall receive an allocation pursuant to chapter 44-34.1.

9

Federal Funds – Municipal COVID

10

Relief Fund 136,528,120 0 136,528,120

11

     Provided that $11,250,000 of this funding shall be distributed among cities and towns in

12

proportion with allocations calculated pursuant to Rhode Island General law, Section 45-13-12;

13

and further provided that $31,500,000 of this funding shall be distributed among cities and towns

14

in proportion with allocations calculated pursuant to Rhode Island General law, Section 45-13-5.1;

15

and further provided that $86,028,120 of this funding shall be distributed among cities and towns,

16

with the exception of the Town of Exeter, in proportion with allocations calculated pursuant to

17

Rhode Island General Law, Sections 44-34-11 and 44-34.1-1; and further provided that $7,750,000

18

of this funding shall be distributed to cities and towns in proportion with the population of each

19

according to the latest available federal census data; and further provided that the director of the

20

department of revenue shall distribute no less than $35,000,000 to cities and towns within ten days

21

of the enactment of this legislation, and may distribute the remainder of the funds provided under

22

this section in one or more installments; and further provided that cities and towns shall comply

23

with all federal laws, regulations, and terms and conditions applicable to the receipt of federal funds

24

under this section, along with any other terms and conditions that the director of the department of

25

revenue may require; and further provided that the director of the department of revenue may

26

require cities and towns to submit, at such times as the director may require, all appropriate, and

27

necessary documentation to document that the use of funds provided under this section complies

28

with all applicable federal laws and regulations governing the use of funds under Section 5001 of

29

the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136; and further provided if the

30

federal government recoups funds from the state based on a city or town’s use of the funds provided

31

hereunder in a manner not in compliance with Section 5001 of the Coronavirus Aid, Relief, and

32

Economic Security Act, P.L. 116-136, the director of the department of revenue may recover any

33

such recouped amount from such city or town through an assessment or a reduction from any

34

periodic local aid distributions to such city or town made under titles 44 or 45 of the general laws.

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 10 of 36)

1

Restricted Receipts 995,120 0 995,120

2

Total – State Aid 198,153,911 (115,502) 198,038,409

3

Collections

4

General Revenues 790,223 (150,587) 639,636

5

Grand Total – Revenue 706,722,852 45,741,402 752,464,254

6

Legislature

7

General Revenues 44,283,435 125,210 44,408,645

8

Federal Funds 0 762,422 762,422

9

Restricted Receipts 1,839,182 5,797 1,844,979

10

Grand Total – Legislature 46,122,617 893,429 47,016,046

11

Lieutenant Governor

12

General Revenues 1,145,231 (136,313) 1,008,918

13

Secretary of State

14

Administration

15

General Revenues 4,013,532 10,516 4,024,048

16

Corporations

17

General Revenues 2,470,702 6,543 2,477,245

18

State Archives

19

General Revenues 185,503 0 185,503

20

Restricted Receipts 517,410 1,213 518,623

21

Total – State Archives 702,913 1,213 704,126

22

Elections and Civics

23

General Revenues 4,416,794 1,654 4,418,448

24

Federal Funds 2,266,929 1,420,845 3,687,774

25

Restricted Receipts 0 632,189 632,189

26

Total – Elections and Civics 6,683,723 2,054,688 8,738,411

27

State Library

28

General Revenues 716,227 1,771 717,998

29

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

30

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

31

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

32

Office of Public Information

33

General Revenues 486,575 985 487,560

34

Receipted Receipts 25,000 0 25,000

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 11 of 36)

1

Total – Office of Public Information 511,575 985 512,560

2

Grand Total – Secretary of State 15,098,672 2,075,716 17,174,388

3

General Treasurer

4

Treasury

5

General Revenues 2,589,787 6,541 2,596,328

6

Federal Funds 320,096 1,034 321,130

7

Other Funds

8

Temporary Disability Insurance Fund 281,131 794 281,925

9

Tuition Savings Program – Administration 359,293 100,874 460,167

10

Total –Treasury 3,550,307 109,243 3,659,550

11

State Retirement System

12

Restricted Receipts

13

Admin Expenses –

14

State Retirement System 10,937,624 17,087 10,954,711

15

Retirement –

16

Treasury Investment Operations 1,910,622 6,276 1,916,898

17

Defined Contribution – Administration 204,427 623 205,050

18

Total – State Retirement System 13,052,673 23,986 13,076,659

19

Unclaimed Property

20

Restricted Receipts 25,763,925 5,404,750 31,168,675

21

Crime Victim Compensation Program

22

General Revenues 396,407 436,091 832,498

23

Provided that all unexpended or unencumbered balances as of June 30, 2021 are hereby

24

reappropriated to fiscal year 2022.

25

Federal Funds 690,946 0 690,946

26

Restricted Receipts 1,062,984 (459,536) 603,448

27

Total – Crime Victim Compensation Program 2,150,337 (23,445) 2,126,892

28

Grand Total – General Treasurer 44,517,242 5,514,534 50,031,776

29

Board of Elections

30

General Revenues 3,972,921 (494,984) 3,477,937

31

Rhode Island Ethics Commission

32

General Revenues 1,900,201 5,741 1,905,942

33

Office of Governor

34

General Revenues

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 12 of 36)

1

General Revenues 6,309,015 21,470 6,330,485

2

Contingency Fund 150,000 0 150,000

3

Grand Total – Office of Governor 6,459,015 21,470 6,480,485

4

Commission for Human Rights

5

General Revenues 1,348,206 3,975 1,352,181

6

Federal Funds 521,166 1,189 522,355

7

Grand Total – Commission for Human Rights 1,869,372 5,164 1,874,536

8

Public Utilities Commission

9

Federal Funds 175,174 69,992 245,166

10

Restricted Receipts 11,573,219 24,262 11,597,481

11

Grand Total – Public Utilities Commission 11,748,393 94,254 11,842,647

12

Office of Health and Human Services

13

Central Management

14

General Revenues 34,993,486 796,888 35,790,374

15

Federal Funds 130,188,039 34,237,796 164,425,835

16

Restricted Receipts 16,244,858 172,400 16,417,258

17

Total – Central Management 181,426,383 35,207,084 216,633,467

18

Medical Assistance

19

General Revenues

20

Managed Care 311,503,420 (8,134,921) 303,368,499

21

Hospitals 88,768,531 (1,335,634) 87,432,897

22

Nursing Facilities 150,808,350 (19,801,110) 131,007,240

23

Home and Community Based Services 35,313,250 277,850 35,591,100

24

Other Services 113,184,882 (264,010) 112,920,872

25

Pharmacy 65,644,661 (7,584,651) 58,060,010

26

Rhody Health 174,728,606 (7,403,456) 167,325,150

27

Federal Funds

28

Managed Care 483,696,580 15,734,921 499,431,501

29

Hospitals 109,469,985 (401,847) 109,068,138

30

Nursing Facilities 212,191,650 (15,598,890) 196,592,760

31

Home and Community Based Services 49,686,750 3,722,150 53,408,900

32

Other Services 656,124,478 21,139,650 677,264,128

33

Pharmacy (712,710) 652,700 (60,010)

34

Rhody Health 243,471,394 5,403,456 248,874,850

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 13 of 36)

1

Other Programs 85,122,580 (18,426,615) 66,695,965

2

Restricted Receipts 23,215,000 0 23,215,000

3

Total – Medical Assistance 2,802,217,407 (32,040,407) 2,770,197,000

4

Grand Total – Office of Health and Human

5

Services 2,983,643,790 3,186,677 2,986,830,467

6

Children, Youth, and Families

7

Central Management

8

General Revenues 9,096,210 256,292 9,352,502

9

Federal Funds 3,712,151 8,769 3,720,920

10

Total – Central Management 12,808,361 265,061 13,073,422

11

Children's Behavioral Health Services

12

General Revenues 5,958,010 (45,243) 5,912,767

13

Federal Funds 6,343,659 91,389 6,435,048

14

Total – Children's Behavioral Health Services 12,301,669 46,146 12,347,815

15

Juvenile Correctional Services

16

General Revenues 18,395,931 (1,433,851) 16,962,080

17

Federal Funds 2,810,243 1,320,563 4,130,806

18

Restricted Receipts 22,384 0 22,384

19

Other Funds

20

Rhode Island Capital Plan Funds

21

Training School Asset Protection 470,614 0 470,614

22

Training School Generators 717,000 0 717,000

23

Total – Juvenile Correctional Services 22,416,172 (113,288) 22,302,884

24

Child Welfare

25

General Revenues 137,210,160 (364,335) 136,845,825

26

Federal Funds 67,728,308 2,922,737 70,651,045

27

Restricted Receipts 2,057,253 400,448 2,457,701

28

Total – Child Welfare 206,995,721 2,958,850 209,954,571

29

Higher Education Incentive Grants

30

General Revenues 200,000 0 200,000

31

Grand Total – Children, Youth, and Families 254,721,923 3,156,769 257,878,692

32

Health

33

Central Management

34

General Revenues 3,177,680 1,970 3,179,650

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 14 of 36)

1

Federal Funds 4,883,956 306,708 5,190,664

2

Restricted Receipts 7,536,135 11,346,802 18,882,937

3

     Provided that the disbursement of any indirect cost recoveries on federal grants budgeted

4

in this line item that are derived from grants authorized under The Coronavirus Preparedness and

5

Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus

6

Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-

7

136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); and

8

the Consolidated Appropriations Act, 2021 (P.L. 116-260), are hereby subject to the review and

9

prior approval of the Director of Management and Budget. No obligation or expenditure of these

10

funds shall take place without such approval.

11

Total – Central Management 15,597,771 11,655,480 27,253,251

12

Community Health and Equity

13

General Revenues 527,012 1,516 528,528

14

Federal Funds 68,079,218 3,473,860 71,553,078

15

Restricted Receipts 37,524,771 209,787 37,734,558

16

Total – Community Health and Equity 106,131,001 3,685,163 109,816,164

17

Environmental Health

18

General Revenues 2,649,946 17,306 2,667,252

19

Federal Funds 10,506,420 (129,711) 10,376,709

20

Restricted Receipts 427,916 501,390 929,306

21

Total – Environmental Health 13,584,282 388,985 13,973,267

22

Health Laboratories and Medical Examiner

23

General Revenues 8,329,909 26,853 8,356,762

24

Federal Funds 8,032,796 (1,764,226) 6,268,570

25

Other Funds

26

Rhode Island Capital Plan Funds

27

Health Laboratories & Medical

28

Examiner Equipment 200,000 0 200,000

29

Total – Health Laboratories and Medical

30

Examiner 16,562,705 (1,737,373) 14,825,332

31

Customer Services

32

General Revenues 6,416,479 22,388 6,438,867

33

Federal Funds 6,858,070 557,248 7,415,318

34

Restricted Receipts 1,218,379 2,143,763 3,362,142

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 15 of 36)

1

Total – Customer Services 14,492,928 2,723,399 17,216,327

2

Policy, Information and Communications

3

General Revenues 839,975 2,801 842,776

4

Federal Funds 3,059,870 749,961 3,809,831

5

Restricted Receipts 1,106,599 739 1,107,338

6

Total – Policy, Information and Communications 5,006,444 753,501 5,759,945

7

Preparedness, Response, Infectious Disease & Emergency Services

8

General Revenues 88,313,083 (86,744,946) 1,568,137

9

     Provided that of this amount, $86,750,000 is for expenses in support of the state’s COVID-

10

19 response after December 30, 2020.

11

Federal Funds

12

Federal Funds 13,216,199 27,338,982 40,555,181

13

Federal Funds – COVID Relief 305,725,000 (300,422,489) 5,302,511

14

Total – Preparedness, Response, Infectious

15

Disease & Emergency Services 407,254,282 (359,828,453) 47,425,829

16

COVID-19

17

General Revenue 0 9,173,137 9,173,137

18

Federal Funds 0 396,833,172 396,833,172

19

Total – COVID-19 0 406,006,309 406,006,309

20

Grand Total - Health 578,629,413 63,647,011 642,276,424

21

Human Services

22

Central Management

23

General Revenues 4,619,609 2,532 4,622,141

24

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

25

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

26

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

27

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

28

Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads

29

Rhode Island, $600,000 for the Community Action Fund and $200,000 is for the Institute for the

30

Study and Practice of Nonviolence’s Reduction Strategy.

31

Federal Funds 9,616,363 (390,015) 9,226,348

32

Restricted Receipts 0 500,000 500,000

33

Total – Central Management 14,235,972 112,517 14,348,489

34

Child Support Enforcement

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 16 of 36)

1

General Revenues 3,102,821 6,834 3,109,655

2

Federal Funds 7,779,604 12,492 7,792,096

3

Restricted Receipts 3,476,000 624,000 4,100,000

4

Total – Child Support Enforcement 14,358,425 643,326 15,001,751

5

Individual and Family Support

6

General Revenues 33,076,543 1,510,890 34,587,433

7

Federal Funds 126,131,313 31,758,168 157,889,481

8

Restricted Receipts 591,905 0 591,905

9

Other Funds

10

Rhode Island Capital Plan Funds

11

Blind Vending Facilities 68,382 96,618 165,000

12

Total – Individual and Family Support 159,868,143 33,365,676 193,233,819

13

Office of Veterans Services

14

General Revenues 18,039,632 (2,322,096) 15,717,536

15

     Of this amount, $200,000 is to provide support services through Veterans’ organizations.

16

Federal Funds 24,768,085 2,846,519 27,614,604

17

Restricted Receipts 1,286,672 0 1,286,672

18

Total – Office of Veterans Services 44,094,389 524,423 44,618,812

19

Health Care Eligibility

20

General Revenues 7,780,604 (1,669,993) 6,110,611

21

Federal Funds 12,002,058 (1,386,953) 10,615,105

22

Total – Health Care Eligibility 19,782,662 (3,056,946) 16,725,716

23

Supplemental Security Income Program

24

General Revenues 18,558,000 (73,384) 18,484,616

25

Rhode Island Works

26

General Revenues 8,981,094 (613,163) 8,367,931

27

Federal Funds 75,811,692 (12,921,055) 62,890,637

28

Total – Rhode Island Works 84,792,786 (13,534,218) 71,258,568

29

Other Programs

30

General Revenues 908,960 (88,016) 820,944

31

     Of this appropriation, $90,000 shall be used for hardship contingency payments.

32

Federal Funds 296,172,324 (14,000,000) 282,172,324

33

Restricted Receipts 0 8,000 8,000

34

Total – Other Programs 297,081,284 (14,080,016) 283,001,268

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 17 of 36)

1

Office of Healthy Aging

2

General Revenues 10,707,745 (888,050) 9,819,695

3

     Of this amount, $325,000 is to provide elder services, including respite, through the

4

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

5

Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 for security for

6

housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $800,000

7

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

8

Wheels.

9

Federal Funds 18,810,127 (1,614,448) 17,195,679

10

Restricted Receipts 177,582 442 178,024

11

Other Funds

12

Intermodal Surface Transportation Fund 4,428,478 (426,769) 4,001,709

13

Total – Office of Healthy Aging 34,123,932 (2,928,825) 31,195,107

14

Grand Total – Human Services 686,895,593 972,553 687,868,146

15

Behavioral Healthcare, Developmental Disabilities, and Hospitals

16

Central Management

17

General Revenues 3,971,436 12,907 3,984,343

18

Federal Funds 1,604,685 53,552 1,658,237

19

Total – Central Management 5,576,121 66,459 5,642,580

20

Hospital and Community System Support

21

General Revenues 2,840,854 9,246 2,850,100

22

Federal Funds 298,644 534 299,178

23

Restricted Receipts 299,584 (299,584) 0

24

Total – Hospital and Community System Support 3,439,082 (289,804) 3,149,278

25

Services for the Developmentally Disabled

26

General Revenues 124,786,530 (4,038,354) 120,748,176

27

Federal Funds 177,721,767 4,514,927 182,236,694

28

Restricted Receipts 1,410,300 0 1,410,300

29

Other Funds

30

Rhode Island Capital Plan Funds

31

DD Residential Development 100,000 0 100,000

32

Total – Services for the Developmentally

33

Disabled 304,018,597 476,573 304,495,170

34

Behavioral Healthcare Services

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 18 of 36)

1

General Revenues 2,537,473 6,830 2,544,303

2

Federal Funds 38,592,858 11,133,726 49,726,584

3

Restricted Receipts 1,997,281 165,000 2,162,281

4

Total – Behavioral Healthcare Services 43,127,612 11,305,556 54,433,168

5

Hospital and Community Rehabilitative Services

6

General Revenues 114,719,440 13,132,638 127,852,078

7

Federal Funds 14,900,823 (7,809,635) 7,091,188

8

Restricted Receipts 0 9,750 9,750

9

Other Funds

10

Rhode Island Capital Plan Funds

11

Hospital Equipment 300,000 0 300,000

12

Total - Hospital and Community Rehabilitative

13

Services 129,920,263 5,332,753 135,253,016

14

Grand Total – Behavioral Healthcare,

15

Developmental Disabilities, and Hospitals 486,081,675 16,891,537 502,973,212

16

Office of the Child Advocate

17

General Revenues 1,005,223 3,091 1,008,314

18

Federal Funds 228,165 746 228,911

19

Grand Total – Office of the Child Advocate 1,233,388 3,837 1,237,225

20

Commission on the Deaf and Hard of Hearing

21

General Revenues 507,816 61,647 569,463

22

Restricted Receipts 142,454 43 142,497

23

Grand Total – Comm. On Deaf and Hard-of-Hearing 650,270 61,690 711,960

24

Governor’s Commission on Disabilities

25

General Revenues

26

General Revenues 543,713 1,430 545,143

27

Livable Home Modification Grant Program 528,295 40 528,335

28

     Provided that this will be used for home modification and accessibility enhancements to

29

construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.

30

This will be in consultation with the Executive Office of Health and Human Services.

31

Federal Funds 400,000 0 400,000

32

Restricted Receipts 111,163 8 111,171

33

Total – Governor’s Commission on Disabilities 1,583,171 1,478 1,584,649

34

Office of the Mental Health Advocate

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 19 of 36)

1

General Revenues 630,982 1,950 632,932

2

Elementary and Secondary Education

3

Administration of the Comprehensive Education Strategy

4

General Revenues 21,621,645 (138,354) 21,483,291

5

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

6

Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to

7

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

8

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

9

families as a strategy to accelerate student achievement.

10

Federal Funds 289,817,342 4,517,609 294,334,951

11

Restricted Receipts

12

Restricted Receipts 2,646,610 622,735 3,269,345

13

HRIC Adult Education Grants 3,500,000 0 3,500,000

14

Total – Admin. of the Comprehensive Ed.

15

Strategy 317,585,597 5,001,990 322,587,587

16

Davies Career and Technical School

17

General Revenues 13,726,982 0 13,726,982

18

Federal Funds 1,030,667 252,974 1,283,641

19

Restricted Receipts 4,809,260 0 4,809,260

20

Other Funds

21

P-Tech 0 100,000 100,000

22

Rhode Island Capital Plan Funds

23

Davies School HVAC 500,000 (373,500) 126,500

24

Davies School Asset Protection 150,000 0 150,000

25

Davies School Healthcare Classroom

26

Renovations 500,000 (500,000) 0

27

Total – Davies Career and Technical School 20,716,909 (520,526) 20,196,383

28

RI School for the Deaf

29

General Revenues 6,718,335 119,259 6,837,594

30

Federal Funds 545,023 0 545,023

31

Restricted Receipts 474,337 0 474,337

32

Other Funds

33

School for the Deaf Transformation Grants 59,000 0 59,000

34

Rhode Island Capital Plan Funds

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 20 of 36)

1

School for the Deaf Asset Protection 250,000 (175,000) 75,000

2

Total – RI School for the Deaf 8,046,695 (55,741) 7,990,954

3

Metropolitan Career and Technical School

4

General Revenues 9,342,007 0 9,342,007

5

Federal Funds 379,184 0 379,184

6

Other Funds

7

Rhode Island Capital Plan Funds

8

MET School Asset Protection 250,000 0 250,000

9

Total – Metropolitan Career and Technical School 9,971,191 0 9,971,191

10

Education Aid

11

General Revenues 987,621,657 (63,685) 987,557,972

12

     Provided that the criteria for the allocation of early childhood funds shall prioritize

13

prekindergarten seats and classrooms for four-year-olds whose family income is at or below one

14

hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities

15

with higher concentrations of low performing schools.

16

Federal Funds 44,115,018 0 44,115,018

17

Restricted Receipts 31,449,533 2,882,385 34,331,918

18

Other Funds

19

Permanent School Fund 300,000 0 300,000

20

Total – Education Aid 1,063,486,208 2,818,700 1,066,304,908

21

Central Falls School District

22

General Revenues 45,109,045 0 45,109,045

23

Federal Funds 1,888,744 0 1,888,744

24

Total – Central Falls School District 46,997,789 0 46,997,789

25

School Construction Aid

26

General Revenues

27

School Housing Aid 79,130,193 0 79,130,193

28

School Building Authority Capital Fund 869,807 0 869,807

29

Total – School Construction Aid 80,000,000 0 80,000,000

30

Teachers' Retirement

31

General Revenues 118,375,402 0 118,375,402

32

Grand Total – Elementary and Secondary

33

Education 1,665,179,791 7,244,423 1,672,424,214

34

Public Higher Education

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 21 of 36)

1

Office of Postsecondary Commissioner

2

General Revenues 16,793,746 (76,946) 16,716,800

3

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

4

the Rhode Island General Law, Section 16-70-5 and that $75,000 shall be allocated to Best Buddies

5

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

6

It is also provided that $7,233,864 $7,100,000 shall be allocated to the Rhode Island Promise

7

Scholarship program and $147,000 shall be used to support Rhode Island’s membership in the New

8

England Board of Higher Education.

9

Federal Funds

10

Federal Funds 3,953,488 9,719,428 13,672,916

11

Guaranty Agency Administration 400,000 831 400,831

12

     Provided that an amount equivalent to not more than ten (10) percent of the guaranty

13

agency operating fund appropriated for direct scholarship and grants in fiscal year 2021 shall be

14

appropriated for guaranty agency administration in fiscal year 2021. This limitation

15

notwithstanding, final appropriations for fiscal year 2021 for guaranty agency administration may

16

also include any residual monies collected during fiscal year 2021 that relate to guaranty agency

17

operations, in excess of the foregoing limitation. For fiscal year 2021 only, the foregoing limitation

18

may be exceeded by an amount necessary to finance the planned mid-year increase in required

19

contributions to the state assessed fringe benefit internal service fund.

20

Guaranty Agency Operating Fund –

21

Scholarships & Grants 4,000,000 0 4,000,000

22

Restricted Receipts 2,307,236 3,568 2,310,804

23

Other Funds

24

Tuition Savings Program – Dual Enrollment 2,300,000 0 2,300,000

25

Tuition Savings Program –

26

Scholarships and Grants 5,595,000 0 5,595,000

27

Nursing Education Center – Operating 3,154,580 3,362 3,157,942

28

Rhode Island Capital Plan Funds

29

Asset Protection 341,000 0 341,000

30

Higher Education Centers 2,000,000 (2,000,000) 0

31

     Provided that the state fund no more than 50.0 percent of the total project cost.

32

Total – Office of Postsecondary Commissioner 40,845,050 7,650,243 48,495,293

33

University of Rhode Island

34

General Revenues

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 22 of 36)

1

General Revenues 76,843,790 0 76,843,790

2

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

3

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

4

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

5

opportunities for individuals with intellectual and developmental disabilities.

6

Debt Service 31,380,282 0 31,380,282

7

RI State Forensics Laboratory 1,309,006 0 1,309,006

8

Federal Funds – COVID Relief 14,000,000 (14,000,000) 0

9

Other Funds

10

University and College Funds 706,291,345 0 706,291,345

11

Debt – Dining Services 983,687 0 983,687

12

Debt – Education and General 4,894,005 0 4,894,005

13

Debt – Health Services 787,110 0 787,110

14

Debt – Housing Loan Funds 12,765,579 0 12,765,579

15

Debt – Memorial Union 320,156 0 320,156

16

Debt – Ryan Center 2,359,093 0 2,359,093

17

Debt – Alton Jones Services 103,097 0 103,097

18

Debt – Parking Authority 1,090,069 0 1,090,069

19

Debt – Restricted Energy Conservation 789,816 0 789,816

20

Debt – URI Energy Conservation 3,317,597 0 3,317,597

21

Rhode Island Capital Plan Funds

22

Asset Protection 2,455,280 0 2,455,280

23

Fine Arts Center 2,008,672 0 2,008,672

24

Total – University of Rhode Island 861,698,584 (14,000,000) 847,698,584

25

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

26

unencumbered balances as of June 30, 2021 relating to the University of Rhode Island are hereby

27

reappropriated to fiscal year 2022.

28

Rhode Island College

29

General Revenues

30

General Revenues 52,172,385 0 52,172,385

31

Debt Service 5,706,171 0 5,706,171

32

Federal Funds – COVID Relief 4,000,000 (4,000,000) 0

33

Other Funds

34

University and College Funds 131,892,892 0 131,892,892

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 23 of 36)

1

Debt – Education and General 877,841 0 877,841

2

Debt – Housing 366,667 0 366,667

3

Debt – Student Center and Dining 154,297 0 154,297

4

Debt – Student Union 208,800 0 208,800

5

Debt – G.O. Debt Service 1,644,301 0 1,644,301

6

Debt – Energy Conservation 655,575 0 655,575

7

Rhode Island Capital Plan Funds

8

Asset Protection 4,213,120 0 4,213,120

9

Infrastructure Modernization 959,015 0 959,015

10

Total – Rhode Island College 202,851,064 (4,000,000) 198,851,064

11

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

12

unencumbered balances as of June 30, 2021 relating to Rhode Island College are hereby

13

reappropriated to fiscal year 2022.

14

Community College of Rhode Island

15

General Revenues

16

General Revenues 52,258,866 0 52,258,866

17

Debt Service 1,486,945 0 1,486,945

18

Federal Funds – COVID Relief 5,000,000 (5,000,000) 0

19

Restricted Receipts 655,700 0 655,700

20

Other Funds

21

University and College Funds 104,977,414 0 104,977,414

22

CCRI Debt Service – Energy Conservation 804,063 0 804,063

23

Rhode Island Capital Plan Funds

24

Asset Protection 737,857 364,000 1,101,857

25

Knight Campus Renewal 1,555,817 (890,000) 665,817

26

Knight Campus Lab Renovation 1,599,080 0 1,599,080

27

Data, Cabling, and Power Infrastructure 303,000 0 303,000

28

Total – Community College of RI 169,378,742 (5,526,000) 163,852,742

29

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

30

or unencumbered balances as of June 30, 2021 relating to the Community College of Rhode Island

31

are hereby reappropriated to fiscal year 2022.

32

Grand Total – Public Higher Education 1,274,773,440 (15,875,757) 1,258,897,683

33

RI State Council on the Arts

34

General Revenues

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 24 of 36)

1

Operating Support 837,026 2,632 839,658

2

Grants 1,165,000 0 1,165,000

3

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

4

Providence art installations.

5

Federal Funds 828,776 1,130,534 1,959,310

6

Restricted Receipts 15,000 (10,000) 5,000

7

Other Funds

8

Art for Public Facilities 602,750 (340,000) 262,750

9

Grand Total – RI State Council on the Arts 3,448,552 783,166 4,231,718

10

RI Atomic Energy Commission

11

General Revenues 1,059,645 3,479 1,063,124

12

Federal Funds 7,936 469,064 477,000

13

Restricted Receipts 99,000 0 99,000

14

Other Funds

15

URI Sponsored Research 299,276 754 300,030

16

Rhode Island Capital Plan Funds

17

RINSC Asset Protection 50,000 0 50,000

18

Grand Total – RI Atomic Energy Commission 1,515,857 473,297 1,989,154

19

RI Historical Preservation and Heritage Commission

20

General Revenues 1,562,984 (148,747) 1,414,237

21

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

22

activities.

23

Federal Funds 544,043 15,172 559,215

24

Restricted Receipts 422,100 0 422,100

25

Other Funds

26

RIDOT Project Review 146,624 367 146,991

27

Grand Total – RI Historical Preservation and

28

Heritage Commission 2,675,751 (133,208) 2,542,543

29

Attorney General

30

Criminal

31

General Revenues 17,629,585 (30,325) 17,599,260

32

Federal Funds 2,890,200 126,126 3,016,326

33

Restricted Receipts 365,305 316 365,621

34

Total – Criminal 20,885,090 96,117 20,981,207

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 25 of 36)

1

Civil

2

General Revenues 6,031,523 (72,259) 5,959,264

3

Restricted Receipts 780,991 108,738 889,729

4

Total – Civil 6,812,514 36,479 6,848,993

5

Bureau of Criminal Identification

6

General Revenues 1,814,266 5,854 1,820,120

7

Federal Funds 0 99,740 99,740

8

Restricted Receipts 0 1,196,276 1,196,276

9

Total – Bureau of Criminal Identification 1,814,266 1,301,870 3,116,136

10

General

11

General Revenues 4,106,493 13,703 4,120,196

12

Other Funds

13

Rhode Island Capital Plan Funds

14

Building Renovations and Repairs 177,791 (100,000) 77,791

15

Total – General 4,284,284 (86,297) 4,197,987

16

Grand Total – Attorney General 33,796,154 1,348,169 35,144,323

17

Corrections

18

Central Management

19

General Revenues 16,482,004 23,890 16,505,894

20

Federal Funds 434,871 860,425 1,295,296

21

Restricted Receipts 50,000 0 50,000

22

Total – Central Management 16,966,875 884,315 17,851,190

23

Parole Board

24

General Revenues 1,434,820 4,446 1,439,266

25

Federal Funds 74,536 100,000 174,536

26

Total – Parole Board 1,509,356 104,446 1,613,802

27

Custody and Security

28

General Revenues 74,341,951 (52,112,691) 22,229,260

29

Federal Funds 72,326,003 47,073,974 119,399,977

30

Total – Custody and Security 146,667,954 (5,038,717) 141,629,237

31

Institutional Support

32

General Revenues 20,623,117 (20,670) 20,602,447

33

Federal Funds 1,365,355 1,509,885 2,875,240

34

Other Funds

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 26 of 36)

1

Rhode Island Capital Plan Funds

2

Asset Protection 3,126,642 0 3,126,642

3

Correctional Facilities – Renovations 6,765,166 0 6,765,166

4

Total – Institutional Support 31,880,280 1,489,215 33,369,495

5

Institutional Based Rehab./Population Management

6

General Revenues 12,482,524 26,855 12,509,379

7

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

8

discharge planning.

9

Federal Funds 826,469 1,171,088 1,997,557

10

Restricted Receipts 48,600 15,000 63,600

11

Total – Institutional Based Rehab/Population Mgt. 13,357,593 1,212,943 14,570,536

12

Healthcare Services

13

General Revenues 20,527,893 (367,476) 20,160,417

14

Federal Funds 4,962,511 1,823,202 6,785,713

15

Restricted Receipts 846,628 0 846,628

16

Total – Healthcare Services 26,337,032 1,455,726 27,792,758

17

Community Corrections

18

General Revenues 17,354,335 51,824 17,406,159

19

Federal Funds 651,467 (553,019) 98,448

20

Restricted Receipts 14,854 82 14,936

21

Total – Community Corrections 18,020,656 (501,113) 17,519,543

22

Grand Total – Corrections 254,739,746 (393,185) 254,346,561

23

Judiciary

24

Supreme Court

25

General Revenues

26

General Revenues 29,004,598 67,565 29,072,163

27

     Provided however, that no more than $1,451,527 in combined total shall be offset to the

28

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

29

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

30

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

31

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

32

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

33

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

34

Defense of Indigents 5,079,035 (941,786) 4,137,249

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 27 of 36)

1

Federal Funds 117,123 85,959 203,082

2

Restricted Receipts 3,603,601 961,194 4,564,795

3

Other Funds

4

Rhode Island Capital Plan Funds

5

Judicial Complexes - HVAC 1,000,000 0 1,000,000

6

Judicial Complexes Asset Protection 521,648 0 521,648

7

Licht Judicial Complex Restoration 761,721 0 761,721

8

Noel Shelled Courtroom Building Out 40,366 (40,366) 0

9

Total - Supreme Court 40,128,092 132,566 40,260,658

10

Judicial Tenure and Discipline

11

General Revenues 154,779 452 155,231

12

Superior Court

13

General Revenues 23,332,817 (167,005) 23,165,812

14

Federal Funds 104,076 26,239 130,315

15

Restricted Receipts 325,000 0 325,000

16

Total – Superior Court 23,761,893 (140,766) 23,621,127

17

Family Court

18

General Revenues 22,805,368 30,746 22,836,114

19

Federal Funds 3,235,689 209,333 3,445,022

20

Total – Family Court 26,041,057 240,079 26,281,136

21

District Court

22

General Revenues 14,140,491 26,271 14,166,762

23

Federal Funds 0 140,875 140,875

24

Restricted Receipts 60,000 0 60,000

25

Total - District Court 14,200,491 167,146 14,367,637

26

Traffic Tribunal

27

General Revenues 8,966,306 11,913 8,978,219

28

Workers' Compensation Court

29

Restricted Receipts 8,874,787 26,644 8,901,431

30

Grand Total – Judiciary 122,127,405 438,034 122,565,439

31

Military Staff

32

General Revenues 3,275,354 (84,196) 3,191,158

33

Federal Funds 40,291,970 (5,395,442) 34,896,528

34

Restricted Receipts

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 28 of 36)

1

RI Military Family Relief Fund 55,000 0 55,000

2

Other Funds

3

Rhode Island Capital Plan Funds

4

Asset Protection 752,330 0 752,330

5

Bristol Readiness Center 192,000 0 192,000

6

Joint Force Headquarters Building 1,595,566 0 1,595,566

7

Grand Total – Military Staff 46,162,220 (5,479,638) 40,682,582

8

Public Safety

9

Central Management

10

General Revenues 892,435 2,899 895,334

11

Federal Funds 10,104,768 1,593,666 11,698,434

12

Restricted Receipts 79,963 239 80,202

13

Total – Central Management 11,077,166 1,596,804 12,673,970

14

E-911 Emergency Telephone System

15

Federal Funds 2,763,814 (411,997) 2,351,817

16

Restricted Receipts 4,799,266 4,781 4,804,047

17

Total – E-911 Emergency Telephone System 7,563,080 (407,216) 7,155,864

18

Security Services

19

General Revenues 15,340,704 (7,683,022) 7,657,682

20

Federal Funds 11,011,316 7,915,976 18,927,292

21

Total – Security Services 26,352,020 232,954 26,584,974

22

Municipal Police Training Academy

23

General Revenues 310,456 780 311,236

24

Federal Funds 506,487 (88,404) 418,083

25

Total – Municipal Police Training Academy 816,943 (87,624) 729,319

26

State Police

27

General Revenues 50,887,042 (14,225,662) 36,661,380

28

Federal Funds 32,185,028 12,007,220 44,192,248

29

Restricted Receipts 791,000 0 791,000

30

Other Funds

31

Airport Corporation Assistance 149,570 0 149,570

32

Road Construction Reimbursement 1,755,588 1,217,475 2,973,063

33

Weight and Measurement Reimbursement 400,000 0 400,000

34

Rhode Island Capital Plan Funds

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 29 of 36)

1

DPS Asset Protection 752,449 0 752,449

2

Training Academy Upgrades 535,160 0 535,160

3

Headquarters Roof Replacement 588,120 0 588,120

4

Facilities Master Plan 37,566 0 37,566

5

Total–State Police 88,081,523 (1,000,967) 87,080,556

6

Grand Total – Public Safety 133,890,732 333,951 134,224,683

7

Office of Public Defender

8

General Revenues 12,680,653 (101,352) 12,579,301

9

Federal Funds 75,665 110,850 186,515

10

Grand Total – Office of Public Defender 12,756,318 9,498 12,765,816

11

Emergency Management Agency

12

General Revenues 2,713,353 (298,278) 2,415,075

13

Federal Funds 40,506,062 14,815,427 55,321,489

14

Restricted Receipts 553,132 1,058 554,190

15

Other Funds

16

Rhode Island Capital Plan Funds

17

RI Statewide Communications Network 1,494,414 0 1,494,414

18

Grand Total – Emergency Management Agency 45,266,961 14,518,207 59,785,168

19

Environmental Management

20

Office of the Director

21

General Revenues 7,197,864 8,837 7,206,701

22

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

23

Federal Funds 1,496 654,716 656,212

24

Restricted Receipts 3,914,384 10,296 3,924,680

25

Total – Office of the Director 11,113,744 673,849 11,787,593

26

Natural Resources

27

General Revenues 22,708,134 (208,735) 22,499,399

28

Federal Funds 25,364,409 638,561 26,002,970

29

Restricted Receipts 4,605,884 1,232,236 5,838,120

30

Other Funds

31

DOT Recreational Projects 762,000 0 762,000

32

Blackstone Bikepath Design 1,000,000 0 1,000,000

33

Transportation MOU 10,286 0 10,286

34

Rhode Island Capital Plan Funds

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 30 of 36)

1

Fort Adams Rehabilitation 553,618 0 553,618

2

Recreational Facilities Improvements 1,004,217 300,000 1,304,217

3

Recreation Facility Asset Protection 250,000 0 250,000

4

Galilee Piers Upgrade 9,344,239 (4,000,000) 5,344,239

5

Newport Pier Upgrades 300,000 (150,000) 150,000

6

Blackstone Park Improvements 1,094,191 (500,000) 594,191

7

State Building Demolition 54,942 0 54,942

8

Total – Natural Resources 67,051,920 (2,687,938) 64,363,982

9

Environmental Protection

10

General Revenues 12,863,971 41,881 12,905,852

11

Federal Funds 10,145,096 (248,277) 9,896,819

12

Restricted Receipts 8,038,936 280,159 8,319,095

13

Other Funds

14

Transportation MOU 72,499 202 72,701

15

Total – Environmental Protection 31,120,502 73,965 31,194,467

16

Grand Total – Environmental Management 109,286,166 (1,940,124) 107,346,042

17

Coastal Resources Management Council

18

General Revenues 2,580,300 (111,668) 2,468,632

19

Federal Funds 2,283,202 4,197 2,287,399

20

Restricted Receipts 250,000 0 250,000

21

Other Funds

22

Rhode Island Capital Plan Funds

23

Green Hill Pond 2,159 0 2,159

24

Narragansett Bay SAMP 89,151 0 89,151

25

Grand Total – Coastal Resources Mgmt. Council 5,204,812 (107,471) 5,097,341

26

Transportation

27

Central Management

28

Federal Funds 10,062,731 2,660,424 12,723,155

29

Other Funds

30

Gasoline Tax 7,524,138 1,915,889 9,440,027

31

Total – Central Management 17,586,869 4,576,313 22,163,182

32

Management and Budget

33

Other Funds

34

Gasoline Tax 4,774,747 264,014 5,038,761

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 31 of 36)

1

Infrastructure Engineering

2

Federal Funds 329,329,472 25,033,104 354,362,576

3

Restricted Receipts 2,711,328 (125,639) 2,585,689

4

Other Funds

5

Gasoline Tax 65,894,036 7,502,121 73,396,157

6

Toll Revenue 46,946,000 (5,331,000) 41,615,000

7

Land Sale Revenue 3,280,000 7,531,732 10,811,732

8

Rhode Island Capital Plan Funds

9

Bike Path Facilities Maintenance 38,406 0 38,406

10

RIPTA - Land and Buildings 661,363 530 661,893

11

RIPTA – Providence Transit Connector 40,215 0 40,215

12

RIPTA – Pawtucket Bus Hub & Transit

13

Connector 713,180 0 713,180

14

RIPTA - Warwick Bus Hub 120,000 (120,000) 0

15

Total - Infrastructure Engineering 449,734,000 34,490,848 484,224,848

16

Infrastructure Maintenance

17

Federal Funds 0 37,045,730 37,045,730

18

Other Funds

19

Gasoline Tax 17,177,978 (1,025,915) 16,152,063

20

Non-Land Surplus Property 50,000 0 50,000

21

Rhode Island Highway Maintenance

22

Account 116,659,663 1,831,050 118,490,713

23

Rhode Island Capital Plan Funds

24

Maintenance Facilities Improvements 468,746 0 468,746

25

Welcome Center 176,208 0 176,208

26

Salt Storage Facilities 386,860 0 386,860

27

Train Station Maintenance and Repairs 327,932 0 327,932

28

Total – Infrastructure Maintenance 135,247,387 37,850,865 173,098,252

29

Grand Total – Transportation 607,343,003 77,182,040 684,525,043

30

Statewide Totals

31

General Revenues 4,153,269,709 (161,634,847) 3,991,634,862

32

Federal Funds 5,812,927,486 1,698,953,268 7,511,880,754

33

Restricted Receipts 322,268,722 26,420,846 348,689,568

34

Other Funds 2,441,976,054 13,072,721 2,455,048,775

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 32 of 36)

1

Statewide Grand Total 12,730,441,971 1,576,811,988 14,307,253,959

2

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

3

appropriation.

4

     SECTION 3. The general assembly authorizes the state controller to establish the internal

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

expenditure limitations:

14

Account Expenditure Limit

15

FY 2021 FY 2021 FY 2021

16

Enacted Change FINAL

17

State Assessed Fringe Benefit

18

Internal Service Fund 37,505,032 10,817,245 48,322,277

19

Administration Central Utilities

20

Internal Service Fund 27,426,989 566 27,427,555

21

State Central Mail Internal Service Fund 6,583,197 3,319 6,586,516

22

State Telecommunications

23

Internal Service Fund 3,552,053 3,221 3,555,274

24

State Automotive Fleet

25

Internal Service Fund 12,743,810 2,612 12,746,422

26

Surplus Property Internal Service Fund 3,000 0 3,000

27

Health Insurance Internal Service Fund 273,639,595 7,482 273,647,077

28

State Fleet Revolving Loan Fund 264,339 (482) 263,857

29

Other Post-Employment Benefits Fund 63,858,483 0 63,858,483

30

Capitol Police Internal Service Fund 1,429,798 0 1,429,798

31

Corrections Central Distribution Center

32

Internal Service Fund 6,868,331 3,256 6,871,587

33

Correctional Industries Internal Service Fund 8,231,177 6,226 8,237,403

34

Secretary of State Record Center

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 33 of 36)

1

Internal Service Fund 1,086,670 1,820 1,088,490

2

Human Resources Internal Service Fund 14,237,328 41,286 14,278,614

3

DCAMM Facilities Internal Service Fund 42,849,110 41,752 42,890,862

4

Information Technology

5

Internal Service Fund 49,488,621 (4,834,346) 44,654,275

6

     SECTION 4. Departments and agencies listed below may not exceed the number of full-

7

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

8

not include limited period positions or, seasonal or intermittent positions whose scheduled period

9

of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not

10

exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor

11

do they include individuals engaged in training, the completion of which is a prerequisite of

12

employment. Provided, however, that the Governor or designee, Speaker of the House of

13

Representatives or designee, and the President of the Senate or designee may authorize an

14

adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a

15

detailed written recommendation to the Governor, the Speaker of the House, and the President of

16

the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the

17

chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor

18

and the Senate Fiscal Advisor.

19

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

20

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

21

general revenue funding source.

22

FY 2021 FTE POSITION AUTHORIZATION

23

Departments and Agencies Full-Time Equivalent

24

Administration 647.7

25

Provided that no more than 417.0 of the total authorization would be limited to positions that

26

support internal service fund programs.

27

Business Regulation 161.0

28

Executive Office of Commerce 14.0

29

Labor and Training 425.7

30

Revenue 602.5

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

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 34 of 36)

1

Board of Elections 13.0

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 52.0

6

Office of Health and Human Services 192.0

7

Children, Youth, and Families 617.5

8

Health 513.6

9

Human Services 755.0

10

Office of Veterans Services 252.1

11

Office of Healthy Aging 31.0

12

Behavioral Healthcare, Developmental Disabilities, and Hospitals 1,188.4

13

Office of the Child Advocate 10.0

14

Commission on the Deaf and Hard of Hearing 4.0

15

Governor’s Commission on Disabilities 4.0

16

Office of the Mental Health Advocate 4.0

17

Elementary and Secondary Education 139.1

18

School for the Deaf 60.0

19

Davies Career and Technical School 126.0

20

Office of Postsecondary Commissioner 31.0

21

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

22

by third-party funds, 8.0 would be available only for positions at the State’s Higher Education

23

Centers located in Woonsocket and Westerly, and 10.0 would be available only for positions at the

24

Nursing Education Center.

25

University of Rhode Island 2,555.0

26

Provided that 357.8 of the total authorization would be available only for positions that are

27

supported by third-party funds.

28

Rhode Island College 949.2

29

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

30

by third-party funds.

31

Community College of Rhode Island 849.1

32

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

33

by third-party funds.

34

Rhode Island State Council on the Arts 8.6

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 35 of 36)

1

RI Atomic Energy Commission 8.6

2

Historical Preservation and Heritage Commission 15.6

3

Office of the Attorney General 239.1

4

Corrections 1,411.0

5

Judicial 726.3

6

Military Staff 92.0

7

Emergency Management Agency 32.0

8

Public Safety 593.6

9

Office of the Public Defender 96.0

10

Environmental Management 394.0

11

Coastal Resources Management Council 30.0

12

Transportation 755.0

13

Total 15,124.7

14

     SECTION 5. Notwithstanding any general laws to the contrary, the State Controller shall

15

transfer $67,000,000 to the Information Technology Investment Fund by June 30, 2021.

16

     SECTION 6. Notwithstanding any general laws to the contrary, the State Controller shall

17

transfer $20,000,000 to the Historic Tax Credit Fund by June 30, 2021.

18

     SECTION 7. This article shall take effect upon passage.

 

Art5
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2021
(Page 36 of 36)

=======

art.006/6/006/5/006/4/006/3/006/2/006/1

=======

1

     ARTICLE 6

2

RELATING TO TAXES AND REVENUE

3

     SECTION 1. Sections 5-65-5, 5-65-8 and 5-65-9 of the General Laws in Chapter 5-65

4

entitled “Contractors’ Registration and Licensing Board” are hereby amended to read as follows:

5

     5-65-5. Registered application.

6

     (a) A person who wishes to register as a contractor shall submit an application upon a form

7

prescribed by the board. The application shall include:

8

     (1) Workers' compensation insurance account number, or company name if a number has

9

not yet been obtained, if applicable;

10

     (2) Unemployment insurance account number, if applicable;

11

     (3) State withholding tax account number, if applicable;

12

     (4) Federal employer identification number, if applicable, or if self-employed and

13

participating in a retirement plan;

14

     (5)(i) The individual(s) name and business address and residential address of:

15

     (A) Each partner or venturer, if the applicant is a partnership or joint venture;

16

     (B) The owner, if the applicant is an individual proprietorship;

17

     (C) The corporation officers and a copy of corporate papers filed with the Rhode Island

18

secretary of state's office, if the applicant is a corporation;

19

     (ii) Post office boxes are not acceptable as the only address;

20

     (6) A statement as to whether or not the applicant has previously applied for registration,

21

or is or was an officer, partner, or venturer of an applicant who previously applied for registration

22

and if so, the name of the corporation, partnership, or venture;

23

     (7) Valid insurance certificate for the type of work being performed.

24

     (b) A person may be prohibited from registering or renewing a registration as a contractor

25

under the provisions of this chapter or his or her registration may be revoked or suspended if he or

26

she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts, or

27

administrative agency against him or her relating to his or her work as a contractor, and provided,

28

further, that a statement shall be provided to the board attesting to the information herein.

29

     (c) Failure to provide or falsified information on an application, or any document required

30

by this chapter, is punishable by a fine not to exceed ten thousand dollars ($10,000) and/or

 

1

revocation of the registration.

2

     (d) An applicant must be at least eighteen (18) years of age.

3

     (e) Satisfactory proof shall be provided to the board evidencing the completion of five (5)

4

two and one-half (2.5) hours of continuing education units that will be required to be maintained

5

by residential contractors as a condition of registration as determined by the board pursuant to

6

established regulations.

7

     (f) A certification in a form issued by the board shall be completed upon registration or

8

license or renewal to ensure contractors are aware of certain provisions of this law and shall be

9

signed by the registrant before a registration can be issued or renewed.

10

     5-65-8. Term of registration – Renewal – Registration identification card.

11

     (a) A certificate of registration shall be valid for two one (2) (1) years from the date of

12

issuance unless the registration is revoked or suspended as described in § 5-65-10. It may be

13

renewed by the same procedure provided for an original registration upon application and

14

furnishing of any additional supplemental information that the board may require by rule.

15

     (b) The board shall issue a pocket-card certificate of registration to a contractor registered

16

under this chapter including a picture of the registrant as prescribed by the board in the rules and

17

regulations. The Rhode Island department of administration, division of motor vehicles, shall, upon

18

the board's request, provide electronic copies of the digital photos of any registrant under this

19

chapter on record to be incorporated into the contractors' registration data bank to match the drivers'

20

licenses or IDs provided by registrants or applicants unless the applicant provides written

21

notification to the board to the contrary.

22

     (c) The board may vary the dates of registration renewal by giving to the registrant written

23

notice of the renewal date assigned and by making appropriate adjustments in the renewal fee.

24

     (d) The presentation of the registration or license identification card shall be mandatory at

25

the time of permit application.

26

     (e) If a registrant files in bankruptcy court, the board must be notified in writing by the

27

registrant and kept informed of the status of the case until dismissed, discharged, or resolved in

28

court.

29

     5-65-9. Registration fee.

30

     (a) Each applicant shall pay to the board:

31

     (1) For original registration or renewal of registration, a fee of two hundred dollars ($200)

32

one hundred and fifty dollars ($150).

33

     (2) A fee for all changes in the registration, as prescribed by the board, other than those

34

due to clerical errors.

 

Art6
RELATING TO TAXES AND REVENUE
(Page 2 of 28)

1

     (b) All fees and fines collected by the board shall be deposited as general revenues to

2

support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all fees

3

and fines collected by the board shall be deposited into a restricted-receipt account for the exclusive

4

use of supporting programs established by this chapter.

5

     (c) On or before January 15, 2018, and annually thereafter, the board shall file a report with

6

the speaker of the house and the president of the senate, with copies to the chairpersons of the house

7

and senate finance committees, detailing:

8

     (1) The total number of fines issued, broken down by category, including the number of

9

fines issued for a first violation and the number of fines issued for a subsequent violation;

10

     (2) The total dollar amount of fines levied;

11

     (3) The total amount of fees, fines, and penalties collected and deposited for the most

12

recently completed fiscal year; and

13

     (4) The account balance as of the date of the report.

14

     (d) Each year, the department of business regulation shall prepare a proposed budget to

15

support the programs approved by the board. The proposed budget shall be submitted to the board

16

for its review. A final budget request shall be submitted to the legislature as part of the department

17

of business regulation's annual request.

18

     (e) New or renewal registrations may be filed online or with a third-party approved by the

19

board, with the additional cost incurred to be borne by the registrant.

20

     SECTION 2. Section 73-4 of Chapter 5 of the General Laws entitled “Roofing Contractors”

21

is hereby amended to read as follows:

22

     5-73-4. Registration fee.

23

     All roofing contractors shall submit a payment in the amount of four hundred dollars

24

($400), which shall support the licensing program, representing a license fee along with the

25

application referenced in § 5-73-3, and be required to comply with the provisions of chapter 65 of

26

this title and those provisions shall be interpreted to include commercial roofers as defined in this

27

chapter. Beginning July 1, 2008, all fines and fees collected pursuant to this chapter shall be

28

deposited into a restricted-receipt account for the exclusive use of supporting programs established

29

by the board. The license shall expire every two (2) years on the anniversary date of the license's

30

issuance and may be renewed upon payment of a two hundred dollar ($200) fee.

31

     SECTION 3. Section 7-11-206 of the General Laws in Chapter 7-11 entitled “Rhode Island

32

Uniform Securities Act” is hereby amended to read as follows:

33

     7-11-206. Licensing and notice fees; and filing requirements for federal covered

34

advisers.

 

Art6
RELATING TO TAXES AND REVENUE
(Page 3 of 28)

1

     (a) A federal covered adviser or an applicant for licensing shall pay an annual fee as

2

follows:

3

     (1) Broker-dealer three hundred dollars ($300) and for each branch office one hundred

4

dollars ($100);

5

     (2) Sales representative seventy-five dollars ($75.00) one hundred dollars ($100.00);

6

     (3) Investment adviser three hundred dollars ($300);

7

     (4) Investment adviser representative sixty dollars ($60.00); and

8

     (5) Federal covered adviser three hundred dollars ($300).

9

     (b) Except with respect to federal covered advisers whose only clients are those described

10

in § 7-11-204(1)(i), a federal covered adviser shall file any documents filed with the U.S. Securities

11

and Exchange Commission with the director, that the director requires by rule or order, together

12

with any notice fee and consent to service of process that the director requires by rule or order. The

13

notice filings under this subsection expire annually on December 31, unless renewed.

14

     (c) A notice filing under this section is effective from receipt until the end of the calendar

15

year. A notice filing may be renewed by filing any documents that have been filed with the U.S.

16

Securities and Exchange Commission as required by the director along with a renewal fee of three

17

hundred dollars ($300).

18

     (d) A federal covered adviser may terminate a notice filing upon providing the director

19

notice of the termination, which is effective upon receipt by the director.

20

     (e) Notwithstanding the provisions of this section, until October 11, 1999, the director may

21

require the registration as an investment adviser of any federal covered adviser who has failed to

22

promptly pay the fees required by this section after written notification from the director of the

23

nonpayment or underpayment of the fees. A federal covered adviser is considered to have promptly

24

paid the fees if they are remitted to the director within fifteen (15) days following the federal

25

covered adviser's receipt of written notice from the director.

26

     (f) For purposes of this section, "branch office" means any location where one or more

27

associated persons of a broker-dealer regularly conducts the business of effecting any transactions

28

in, or inducing or attempting to induce the purchase or sale of any security, or is held out as such,

29

excluding:

30

     (1) Any location that is established solely for customer service and/or back office type

31

functions where no sales activities are conducted and that is not held out to the public as a branch

32

office;

33

     (2) Any location that is the associated person's primary residence; provided that:

34

     (i) Only one associated person, or multiple associated persons who reside at that location

 

Art6
RELATING TO TAXES AND REVENUE
(Page 4 of 28)

1

and are members of the same immediate family, conduct business at the location;

2

     (ii) The location is not held out to the public as an office and the associated person does

3

not meet with customers at the location;

4

     (iii) Neither customer funds nor securities are handled at that location;

5

     (iv) The associated person is assigned to a designated branch office, and such designated

6

branch office is reflected on all business cards, stationery, advertisements and other

7

communications to the public by such associated person;

8

     (v) The associated person's correspondence and communications with the public are

9

subject to the firm's supervision in accordance with Rule 3010 of the Financial Industry Regulatory

10

Authority;

11

     (vi) Electronic communications are made through the broker-dealer's electronic system;

12

     (vii) All orders are entered through the designated branch office or an electronic system

13

established by the broker-dealer that is reviewable at the branch office;

14

     (viii) Written supervisory procedures pertaining to supervision of sales activities conducted

15

at the residence are maintained by the broker-dealer; and

16

     (ix) A list of the residence locations is maintained by the broker-dealer;

17

     (3) Any location, other than a primary residence, that is used for securities business for less

18

than thirty (30) business days in any one calendar year, provided the broker-dealer complies with

19

the provisions of subsections (f)(2)(i) through (ix) above;

20

     (4) Any office of convenience, where associated person(s) occasionally and exclusively by

21

appointment meet with customers, which is not held out to the public as an office;

22

     (5) Any location that is used primarily to engage in non-securities activities and from which

23

the associated person(s) effects no more than twenty-five (25) securities transactions in any one

24

calendar year; provided that any advertisement or sales literature identifying such location also sets

25

forth the address and telephone number of the location from which the associated person(s)

26

conducting business at the non-branch locations are directly supervised;

27

     (6) The floor of a registered national securities exchange where a broker-dealer conducts a

28

direct access business with public customers;

29

     (7) A temporary location established in response to the implementation of a business

30

continuity plan.

31

     (g) Notwithstanding the exclusions in subsection (f), any location that is responsible for

32

supervising the activities of persons associated with the broker-dealer at one or more non-branch

33

locations of the broker-dealer is considered to be a branch office.

34

     (h) The term "business day" as used in subsection (f) shall not include any partial business

 

Art6
RELATING TO TAXES AND REVENUE
(Page 5 of 28)

1

day provided that the associated person spends at least four (4) hours on such business day at his

2

or her designated branch office during the hours that such office is normally open for business.

3

     (i) Where such office of convenience is located on bank premises, signage necessary to

4

comply with applicable federal and state laws, rules and regulations and applicable rules and

5

regulations of the New York Stock Exchange, other self-regulatory organizations, and securities

6

and banking regulators may be displayed and shall not be deemed "holding out" for purposes of

7

subsection (f)(4).

8

     (j) If an application is denied or withdrawn or the license is revoked, suspended, or

9

withdrawn, the director is not required to refund the fee paid.

10

     (k) The director may issue a stop order suspending the activities of a federal covered

11

adviser in this state if the director reasonably believes there has been a violation of the provisions

12

of this section.

13

     SECTION 4. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing

14

of Health Care Facilities” is hereby amended to read as follows:

15

     23-17-38.1. Hospitals – Licensing fee.

16

     (a) There is also imposed a hospital licensing fee at the rate of six percent (6%) upon the

17

net patient-services revenue of every hospital for the hospital's first fiscal year ending on or after

18

January 1, 2017, except that the license fee for all hospitals located in Washington County, Rhode

19

Island shall be discounted by thirty-seven percent (37%). The discount for Washington County

20

hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human

21

Services of a state plan amendment submitted by the executive office of health and human services

22

for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This

23

licensing fee shall be administered and collected by the tax administrator, division of taxation

24

within the department of revenue, and all the administration, collection, and other provisions of

25

chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator

26

on or before July 10, 2019, and payments shall be made by electronic transfer of monies to the

27

general treasurer and deposited to the general fund. Every hospital shall, on or before June 14,

28

2019, make a return to the tax administrator containing the correct computation of net patient-

29

services revenue for the hospital fiscal year ending September 30, 2017, and the licensing fee due

30

upon that amount. All returns shall be signed by the hospital's authorized representative, subject to

31

the pains and penalties of perjury.

32

     (b) (a) There is also imposed a hospital licensing fee at the rate of six percent (6%) upon

33

the net patient-services revenue of every hospital for the hospital's first fiscal year ending on or

34

after January 1, 2018, except that the license fee for all hospitals located in Washington County,

 

Art6
RELATING TO TAXES AND REVENUE
(Page 6 of 28)

1

Rhode Island shall be discounted by thirty-seven percent (37%). The discount for Washington

2

County hospitals is subject to approval by the Secretary of the U.S. Department of Health and

3

Human Services of a state plan amendment submitted by the executive office of health and human

4

services for the purpose of pursuing a waiver of the uniformity requirement for the hospital license

5

fee. This licensing fee shall be administered and collected by the tax administrator, division of

6

taxation within the department of revenue, and all the administration, collection, and other

7

provisions of Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax

8

administrator on or before July 13, 2020, and payments shall be made by electronic transfer of

9

monies to the general treasurer and deposited to the general fund. Every hospital shall, on or before

10

June 15, 2020, make a return to the tax administrator containing the correct computation of net

11

patient- services revenue for the hospital fiscal year ending September 30, 2018, and the licensing

12

fee due upon that amount. All returns shall be signed by the hospital's authorized representative,

13

subject to the pains and penalties of perjury.

14

     (c) (b) There is also imposed a hospital licensing fee for state fiscal year 2021 against each

15

hospital in the state. The hospital licensing fee is equal to five percent (5.0%) of the net patient-

16

services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,

17

2018 2019, except that the license fee for all hospitals located in Washington County, Rhode Island

18

shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals

19

is subject to approval by the Secretary of the U.S. Department of Health and Human Services of a

20

state plan amendment submitted by the executive office of health and human services for the

21

purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This

22

licensing fee shall be administered and collected by the tax administrator, division of taxation

23

within the department of revenue, and all the administration, collection, and other provisions of

24

Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator

25

on or before July 13, 2021, and payments shall be made by electronic transfer of monies to the

26

general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,

27

2020, make a return to the tax administrator containing the correct computation of net patient-

28

services revenue for the hospital fiscal year ending September 30, 2018 2019, and the licensing fee

29

due upon that amount. All returns shall be signed by the hospital's authorized representative, subject

30

to the pains and penalties of perjury.

31

     (d) (c) There is also imposed a hospital licensing fee for state fiscal year 2022 against each

32

hospital in the state. The hospital licensing fee is equal to five and seven hundred twenty-five

33

thousandths percent (5.725%) of the net patient-services revenue of every hospital for the hospital's

34

first fiscal year ending on or after January 1, 2020, except that the license fee for all hospitals

 

Art6
RELATING TO TAXES AND REVENUE
(Page 7 of 28)

1

located in Washington County, Rhode Island shall be discounted by thirty-seven percent (37%).

2

The discount for Washington County hospitals is subject to approval by the Secretary of the U.S.

3

Department of Health and Human Services of a state plan amendment submitted by the executive

4

office of health and human services for the purpose of pursuing a waiver of the uniformity

5

requirement for the hospital license fee. This licensing fee shall be administered and collected by

6

the tax administrator, division of taxation within the department of revenue, and all the

7

administration, collection, and other provisions of Chapter 51 of title 44 shall apply. Every hospital

8

shall pay the licensing fee to the tax administrator on or before July 13, 2022, and payments shall

9

be made by electronic transfer of monies to the general treasurer and deposited to the general fund.

10

Every hospital shall, on or before June 15, 2022, make a return to the tax administrator containing

11

the correct computation of net patient-services revenue for the hospital fiscal year ending

12

September 30, 2020, and the licensing fee due upon that amount. All returns shall be signed by the

13

hospital's authorized representative, subject to the pains and penalties of perjury.

14

     (d) For purposes of this section the following words and phrases have the following

15

meanings:

16

     (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,

17

licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on

18

that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital

19

conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient

20

and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,

21

disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid

22

managed care payment rates for a court-approved purchaser that acquires a hospital through

23

receivership, special mastership, or other similar state insolvency proceedings (which court-

24

approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly

25

negotiated rates between the court-approved purchaser and the health plan, and such rates shall be

26

effective as of the date that the court-approved purchaser and the health plan execute the initial

27

agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital

28

payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),

29

respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)

30

period as of July 1 following the completion of the first full year of the court-approved purchaser's

31

initial Medicaid managed care contract.

32

     (2) "Gross patient-services revenue" means the gross revenue related to patient care

33

services.

34

     (3) "Net patient-services revenue" means the charges related to patient care services less

 

Art6
RELATING TO TAXES AND REVENUE
(Page 8 of 28)

1

(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.

2

     (e) The tax administrator shall make and promulgate any rules, regulations, and procedures

3

not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper

4

administration of this section and to carry out the provisions, policy, and purposes of this section.

5

     (f) The licensing fee imposed by subsection (b) shall apply to hospitals as defined herein

6

that are duly licensed on July 1, 2019 2020, and shall be in addition to the inspection fee imposed

7

by § 23-17-38 and to any licensing fees previously imposed in accordance with this section.

8

     (g) The licensing fee imposed by subsection (c) shall apply to hospitals as defined herein

9

that are duly licensed on July 1, 2020 2021, and shall be in addition to the inspection fee imposed

10

by § 23-17-38 and to any licensing fees previously imposed in accordance with this section.

11

     SECTION 5. Section 42-17.1-9.1 of the General Laws in Chapter 42-17.1 entitled "User

12

fees at state beaches, parks, and recreation areas” is hereby amended to read as follows:

13

     42-17.1-9.1. User fees at state beaches, parks, and recreation areas.

14

     (a) The department of environmental management in pursuance of its administrative duties

15

and responsibilities may charge a user fee for any state beach, or recreational area under its

16

jurisdiction, and fees for the use of its services or facilities.

17

     (b) The fee may be on a daily or annual basis, or both, and may be based on vehicle parking

18

or other appropriate means. The fees may recognize the contribution of Rhode Island taxpayers to

19

support the facilities in relation to other users of the state's facilities. The fee structure may

20

acknowledge the need to provide for all people, regardless of circumstances.

21

     (c) An additional fee for camping and other special uses may be charged where appropriate.

22

Rates so charged should be comparable to equivalent commercial facilities.

23

     (d) All such fees shall be established after a public hearing.

24

     (e) All daily fees from beach parking, which shall also include fees charged and collected

25

at Ninigret conservation area and Charlestown breachway, shall be shared with the municipality in

26

which the facility is located on the basis of seventy-three percent (73%) retained by the state and

27

twenty-seven percent (27%) remitted to the municipality; provided, further, from July 1, 2016, until

28

October 1, 2021, the beach fees charged and collected under this subsection shall be equal to those

29

in effect on June 30, 2011.

30

     (1) Notwithstanding subsection (e), effective July 1, 2021, the fees charged and collected

31

for facilities located in the town of Westerly may exceed those in effect on June 30, 2011, in an

32

amount to be reasonably determined by the department of environmental management.

33

     (f) Fifty percent (50%) of all user and concession fees received by the state shall be

34

deposited as general revenues. For the year beginning July 1, 1979, the proportion of user and

 

Art6
RELATING TO TAXES AND REVENUE
(Page 9 of 28)

1

concession fees to be received by the state shall be sixty-five percent (65%); for the year beginning

2

July 1, 1980, eighty-five percent (85%); and for the year beginning July 1, 1981, and all years

3

thereafter, one hundred percent (100%). The general revenue monies appropriated are hereby

4

specifically dedicated to meeting the costs of development, renovation of, and acquisition of state-

5

owned recreation areas and for regular maintenance, repair and operation of state owned recreation

6

areas. Purchases of vehicles and equipment and repairs to facilities shall not exceed four hundred

7

thousand dollars ($400,000) annually. Notwithstanding the provisions of § 37-1-1 or any other

8

provision of the general laws, the director of the department of environmental management is

9

hereby authorized to accept any grant, devise, bequest, donation, gift, or assignment of money,

10

bonds, or other valuable securities for deposit in the same manner as provided above for user and

11

concession fees retained by the state.

12

     (g) No fee shall be charged to any school or other nonprofit organization provided that a

13

representative of the school or other organization gives written notice of the date and time of their

14

arrival to the facility.

15

     SECTION 6. Sections 44-19-1 and 44-19-2 of the General Laws in Chapter 44-19 entitled

16

“Sales and Use Taxes – Enforcement and Collection” are hereby amended to read as follows:

17

     44-19-1. Annual permit required – Retail business subject to sales tax – Promotion of

18

shows – Revocation of show permit.

19

     (a)(1) Every person desiring to engage in or conduct within this state a business of making

20

sales at retail, or engage in a business of renting living quarters in any hotel, rooming house, or

21

tourist camp, the gross receipts from which sales or rental charges are required to be included in

22

the measure of the tax imposed under chapter 18 of this title, shall file with the tax administrator

23

an application for a permit for each place of business. The application shall be in a form, include

24

information, and bear any signatures that the tax administrator may require. At the time of making

25

an application, the applicant shall pay to the tax administrator a permit fee of ten dollars ($10.00)

26

for each permit. There shall be no fee for this permit. Every permit issued under this chapter expires

27

on June 30 of each year at the times prescribed by the tax administrator.

28

     (2) Every permit holder shall annually, on or before February 1 on forms prescribed and at

29

the times prescribed by the tax administrator of each year, renew its permit by filing an application

30

for renewal along with a ten dollars ($10.00) renewal fee. The renewal permit is valid for the period

31

July 1 of that calendar year through June 30 of the subsequent calendar year unless otherwise

32

canceled, suspended or revoked. All fees received under this section are allocated to the tax

33

administrator for enforcement and collection of all taxes.

34

     (b)(1) Every promoter of a show shall, at least ten (10) days prior to the opening of each

 

Art6
RELATING TO TAXES AND REVENUE
(Page 10 of 28)

1

show, file with the tax administrator a notice stating the location and dates of the show, in a form

2

prescribed by the tax administrator.

3

     (2) The tax administrator shall, within five (5) days after the receipt of that notice, issue to

4

the promoter, without charge, a permit to operate the show, unless the provisions of subdivision (5)

5

of this subsection have been applied to the promoter. No promoter may operate a show without

6

obtaining the permit. The permit shall be prominently displayed at the main entrance of the show.

7

     (3) Any promoter who is a retailer shall comply with all of the provisions of this chapter

8

and chapter 18 relating to retailers, in addition to all of the provisions of this chapter relating to

9

promoters.

10

     (4) A promoter may not permit any person to display or sell tangible personal property,

11

services, or food and drink at a show unless that person is registered under subsection (a) of this

12

section and displays his or her permit in accordance with the provisions of subsection (a) of this

13

section.

14

     (5) Any promoter who permits any person to display or sell tangible personal property,

15

services, or food and drink at a show who is not registered, or does not display a permit, or fails to

16

keep a record or file a monthly report of the name, address and permit number of every person

17

whom the promoter permitted to sell or display tangible personal property, services, or food and

18

drink at a show, is subject to revocation of all existing permits issued pursuant to this section to

19

operate a show, and to the denial of a permit to operate any show for a period of not more than two

20

(2) years, in addition to the provisions of § 44-19-31.

21

     44-19-2. Issuance of permit – Assignment prohibited – Display – Fee for renewal after

22

suspension or revocation.

23

     Upon receipt of the required application and permit fee, the tax administrator shall issue to

24

the applicant a separate permit for each place of business within the state. If the applicant, at the

25

time of making the application, owes any tax, penalty, or interest imposed under chapters 18 and

26

19 of this title, then before a permit is issued the applicant shall pay the amount owed. A permit is

27

not assignable and is valid only for the person in whose name it is issued and for the transaction of

28

business at the place designated in the permit. The permit shall at all times be conspicuously

29

displayed at the place for which issued. A retailer whose permit has been previously suspended or

30

revoked shall pay to the tax administrator a fee of ten dollars ($10.00) for the renewal or issuance

31

of a permit.

32

     SECTION 7. Sections 46-23-7.1, 46-23-7.3 and 46-23-7.4 of the General Laws in Chapter

33

46-23 of entitled “Coastal Resources Management Council” are hereby amended to read as follows:

34

     46-23-7.1. Administrative penalties.

 

Art6
RELATING TO TAXES AND REVENUE
(Page 11 of 28)

1

     Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to

2

§ 46-23-7(a); or any assent, order, or decision of the council, may be assessed an administrative

3

penalty by the chairperson or executive director in accordance with the following:

4

     (1) The chairperson or executive director is authorized to assess an administrative penalty

5

of not more than two thousand five hundred dollars ($2,500) ten thousand dollars ($10,000) for

6

each violation of this section, and is authorized to assess additional penalties of not more than five

7

hundred dollars ($500) one thousand ($1,000) for each day during which this violation continues

8

after receipt of a cease and desist order from the council pursuant to § 46-23-7(a), but in no event

9

shall the penalties in an aggregate equal or exceed ten thousand dollars ($10,000) fifty thousand

10

dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner

11

or person committing the violation shall be notified by certified mail or personal service that a

12

penalty is being assessed. The notice shall include a reference to the section of the law, rule,

13

regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to

14

constitute the violation; a statement of the amount of the administrative penalty assessed; and a

15

statement of the party's right to an administrative hearing.

16

     (2) The party shall have twenty-one (21) days from receipt of the notice within which to

17

deliver to the council a written request for a hearing. This request shall specify in detail the

18

statements contested by the party. The executive director shall designate a person to act as hearing

19

officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the

20

council shall issue a final order assessing the penalty specified in the notice. The penalty is due

21

when the final order is issued. If the party shall request a hearing, any additional daily penalty shall

22

not commence to accrue until the council issues a final order.

23

      (3) If a violation is found to have occurred, the council may issue a final order assessing

24

not more than the amount of the penalty specified in the notice. The penalty is due when the final

25

order is issued.

26

     (4) The party may within thirty (30) days appeal the final order, of fine assessed by the

27

council to the superior court which shall hear the assessment of the fine de novo.

28

     46-23-7.3. Criminal penalties.

29

     Any person who knowingly violates any provision of this chapter, the coastal resources

30

management program, or any rule, regulation, assent, or order shall be guilty of a misdemeanor,

31

and, upon conviction thereof shall be fined not more than five hundred dollars ($500) one thousand

32

dollars ($1,000) or by imprisonment of not more than three (3) months or both; and each day the

33

violation is continued or repeated shall be deemed a separate offense.

34

     46-23-7.4. Penalty for blocking or posting of rights-of-way.

 

Art6
RELATING TO TAXES AND REVENUE
(Page 12 of 28)

1

     Any person who shall post or block any tidal water, public right-of-way, as designated by

2

the council, shall be punished by a fine not exceeding five hundred dollars ($500) one thousand

3

dollars ($1,000) or by imprisonment for not more than three (3) months or both; and each day the

4

posting or blocking continues or is repeated shall be deemed a separate offense. The chairperson

5

of the council, through council's legal counsel or the attorney general, may apply to any court of

6

competent jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal

7

water, public right-of-way.

8

     SECTION 8. Section 42-61.2-5 of the General Laws in Chapter 42-61.2 entitled "Video-

9

Lottery Games, Table Games and Sports Wagering" is hereby amended to read as follows:

10

     42-61.2-5. Allocation of sports-wagering and online sports-wagering revenue.

11

     (a) Notwithstanding the provisions of § 42-61-15, the division of lottery is authorized to

12

enter into an agreement to allocate sports-wagering revenue derived from sports wagering and

13

online sports wagering at the hosting facilities between the state, the state's authorized sports-

14

wagering vendor, and the host facilities. The allocation of sports-wagering revenue and online

15

sports-wagering revenue shall be:

16

     (1) To the state, fifty-one percent (51%) of sports-wagering revenue and online sports-

17

wagering revenue;

18

     (2) To the state's authorized sports-wagering vendor, thirty-two percent (32%) of sports-

19

wagering revenue and online sports-wagering revenue; and

20

     (3) To the host facilities, seventeen percent (17%) of sports-wagering revenue and online

21

sports-wagering revenue.

22

     (b) Sports-wagering revenue and online sports-wagering revenue allocated to the state shall

23

be deposited into the state lottery fund for administrative purposes and then the balance remaining

24

into the general fund.

25

     (c) The town of Lincoln shall be paid an annual flat fee of one hundred thousand dollars

26

($100,000) two hundred thousand dollars ($200,000) and the town of Tiverton shall be paid an

27

annual flat fee of one hundred thousand dollars ($100,000) two hundred thousand dollars

28

($200,000) in compensation for serving as the host communities for sports wagering.

29

     SECTION 9. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled “Video-

30

Lottery Games, Table Games and Sports Wagering” is hereby amended to read as follows:

31

     42-61.2-7. Division of revenue.

32

     (a) Notwithstanding the provisions of Section 42-61-15, the allocation of net terminal

33

income derived from video lottery games is as follows:

34

     (1) For deposit in the general fund and to the Division fund for administrative purposes:

 

Art6
RELATING TO TAXES AND REVENUE
(Page 13 of 28)

1

Net, terminal income not otherwise disbursed in accordance with subdivisions (a)(2) -- (a)(6)

2

inclusive, or otherwise disbursed in accordance with subsections (g)(2) and (h)(2);

3

     (i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one percent

4

(0.19%), up to a maximum of twenty million dollars ($20,000,000), shall be equally allocated to

5

the distressed communities (as defined in Section 45-13-12) provided that no eligible community

6

shall receive more than twenty-five percent (25%) of that community's currently enacted municipal

7

budget as its share under this specific subsection. Distributions made under this specific subsection

8

are supplemental to all other distributions made under any portion of General Laws Section 45-13-

9

12. For the fiscal year ending June 30, 2008, distributions by community shall be identical to the

10

distributions made in the fiscal year ending June 30, 2007, and shall be made from general

11

appropriations. For the fiscal year ending June 30, 2009, the total state distribution shall be the

12

same total amount distributed in the fiscal year ending June 30, 2008, and shall be made from

13

general appropriations. For the fiscal year ending June 30, 2010, the total state distribution shall be

14

the same total amount distributed in the fiscal year ending June 30, 2009, and shall be made from

15

general appropriations, provided, however, that seven hundred eighty-four thousand four hundred

16

fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to each

17

qualifying distressed community. For each of the fiscal years ending June 30, 2011, June 30, 2012,

18

and June 30, 2013, seven hundred eighty-four thousand four hundred fifty-eight dollars ($784,458)

19

of the total appropriation shall be distributed equally to each qualifying distressed community.

20

     (ii) Five one hundredths of one percent (0.05%), up to a maximum of five million dollars

21

($5,000,000), shall be appropriated to property tax relief to fully fund the provisions of Section 44-

22

33-2.1 [repealed]. The maximum credit defined in subdivision 44-33-9(2) shall increase to the

23

maximum amount to the nearest five dollar ($5.00) increment within the allocation until a

24

maximum credit of five hundred dollars ($500) is obtained. In no event shall the exemption in any

25

fiscal year be less than the prior fiscal year.

26

     (iii) One and twenty-two one hundredths of one percent (1.22%) to fund Section 44-34.1-

27

1, entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum

28

amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event

29

shall the exemption in any fiscal year be less than the prior fiscal year.

30

     (iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent

31

(0.10%), to a maximum of ten million dollars ($10,000,000), for supplemental distribution to

32

communities not included in subsection (a)(1)(i) distributed proportionately on the basis of general

33

revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008,

34

distributions by community shall be identical to the distributions made in the fiscal year ending

 

Art6
RELATING TO TAXES AND REVENUE
(Page 14 of 28)

1

June 30, 2007, and shall be made from general appropriations. For the fiscal year ending June 30,

2

2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010, and thereafter,

3

funding shall be determined by appropriation.

4

     (2) To the licensed, video lottery retailer:

5

     (a)(i) Prior to the effective date of the Newport Grand Master Contract, Newport Grand

6

twenty-six percent (26%), minus three hundred eighty-four thousand nine hundred ninety-six

7

dollars ($384,996);

8

     (ii) On and after the effective date of the Newport Grand Master Contract, to the licensed,

9

video lottery retailer who is a party to the Newport Grand Master Contract, all sums due and payable

10

under said Master Contract, minus three hundred eighty-four thousand nine hundred ninety-six

11

dollars ($384,996).

12

     (iii) Effective July 1, 2013, the rate of net terminal income payable to the licensed, video

13

lottery retailer who is a party to the Newport Grand Master Contract shall increase by two and one

14

quarter percent (2.25%) points. The increase herein shall sunset and expire on June 30, 2015, and

15

the rate in effect as of June 30, 2013, shall be reinstated.

16

     (iv)(A) Effective July 1, 2015, the rate of net terminal income payable to the licensed video

17

lottery retailer who is a party to the Newport Grand Master Contract shall increase over the rate in

18

effect as of June 30, 2013, by one and nine-tenths (1.9) percentage points. (i.e., x% plus 1.9

19

percentage points equals (x + 1.9)%, where "x%" is the current rate of net terminal income payable

20

to the licensed, video lottery retailer who is a party to the Newport Grand Master Contract). The

21

dollar amount of additional net terminal income paid to the licensed video lottery retailer who is a

22

party to the Newport Grand Master Contract with respect to any Newport Grand Marketing Year

23

as a result of such increase in rate shall be referred to as "Additional Newport Grand Marketing

24

NTI."

25

     (B) The excess, if any, of marketing expenditures incurred by the licensed, video lottery

26

retailer who is a party to the Newport Grand Master Contract with respect to a Newport Grand

27

Marketing Year over one million four hundred thousand dollars ($1,400,000) shall be referred to

28

as the "Newport Grand Marketing Incremental Spend." Beginning with the Newport Grand

29

Marketing Year that starts on July 1, 2015, after the end of each Newport Grand Marketing Year,

30

the licensed, video lottery retailer who is a party to the Newport Grand Master Contract shall pay

31

to the Division the amount, if any, by which the Additional Newport Grand Marketing NTI for such

32

Newport Grand Marketing Year exceeds the Newport Grand Marketing Incremental Spend for such

33

Newport Grand Marketing Year; provided however, that such video lottery retailer's liability to the

34

Division hereunder with respect to any Newport Grand Marketing Year shall never exceed the

 

Art6
RELATING TO TAXES AND REVENUE
(Page 15 of 28)

1

Additional Newport Grand Marketing NTI paid to such video lottery retailer with respect to such

2

Newport Grand Marketing Year.

3

     The increase in subsection 2(a)(iv) shall sunset and expire upon the commencement of the

4

operation of casino gaming at Twin River-Tiverton's facility located in the town of Tiverton, and

5

the rate in effect as of June 30, 2013, shall be reinstated.

6

     (b)(i) Prior to the effective date of the UTGR master contract, to the present, licensed, video

7

lottery retailer at Lincoln Park, which is not a party to the UTGR master contract, twenty-eight and

8

eighty-five one hundredths percent (28.85%), minus seven hundred sixty-seven thousand six

9

hundred eighty-seven dollars ($767,687);

10

     (ii) On and after the effective date of the UTGR master contract, to the licensed, video

11

lottery retailer that is a party to the UTGR master contract, all sums due and payable under said

12

master contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars

13

($767,687).

14

     (3) Except for the period commencing on January 1, 2023 and expiring on June 30, 2043,

15

(i) To the technology providers that are not a party to the GTECH Master Contract as set forth and

16

referenced in P.L. 2003, ch. 32, seven percent (7%) of the net terminal income of the provider's

17

terminals; in addition thereto, technology providers that provide premium or licensed proprietary

18

content or those games that have unique characteristics, such as 3D graphics; unique math/game

19

play features; or merchandising elements to video lottery terminals may receive incremental

20

compensation, either in the form of a daily fee or as an increased percentage, if all of the following

21

criteria are met:

22

     (A) A licensed, video lottery retailer has requested the placement of premium or licensed

23

proprietary content at its licensed, video lottery facility;

24

     (B) The division of lottery has determined in its sole discretion that the request is likely to

25

increase net terminal income or is otherwise important to preserve or enhance the competitiveness

26

of the licensed, video lottery retailer;

27

     (C) After approval of the request by the division of lottery, the total number of premium or

28

licensed, proprietary-content video lottery terminals does not exceed ten percent (10%) of the total

29

number of video lottery terminals authorized at the respective licensed, video lottery retailer; and

30

     (D) All incremental costs are shared between the division and the respective licensed, video

31

lottery retailer based upon their proportionate allocation of net terminal income. The division of

32

lottery is hereby authorized to amend agreements with the licensed, video lottery retailers, or the

33

technology providers, as applicable, to effect the intent herein.

34

     (ii) To contractors that are a party to the master contract as set forth and referenced in P.L.

 

Art6
RELATING TO TAXES AND REVENUE
(Page 16 of 28)

1

2003, ch. 32, all sums due and payable under said master contract; and

2

     (iii) Notwithstanding paragraphs (i) and (ii), there shall be subtracted proportionately from

3

the payments to technology providers the sum of six hundred twenty-eight thousand seven hundred

4

thirty-seven dollars ($628,737) which shall be distributed pursuant to Section 42-61.2-7(b)(3)(iii).

5

     With respect to the period commencing on January 1, 2023 and expiring on June 30, 2043,

6

     (i) To the exclusive technology provider, all sums due and payable under the VLT

7

Agreement;

8

     (ii) Notwithstanding paragraph (i), there shall be subtracted from the payments to the

9

exclusive technology provider the sum of six hundred twenty-eight thousand seven hundred thirty-

10

seven dollars ($628,737) which shall be distributed pursuant to Section 42-61.2-7(b)(3)(iii); and

11

     (iii) To IGT, all sums due and payable under the Video Lottery Agreement.

12

     (4)(A) Until video lottery games are no longer operated at the Newport Grand gaming

13

facility located in Newport, to the city of Newport one and one hundredth percent (1.01%) of net

14

terminal income of authorized Video Lottery Terminals at Newport Grand, except that effective

15

November 9, 2009, until June 30, 2013, the allocation shall be one and two tenths percent (1.2%)

16

of net terminal income of authorized Video Lottery Terminals at Newport Grand for each week the

17

facility operates video lottery games on a twenty-four-hour (24) basis for all eligible hours

18

authorized; and

19

     (B) Upon commencement of the operation of video lottery games at the Tiverton gaming

20

facility, to the town of Tiverton one and forty-five hundredths percent (1.45%) of net terminal

21

income of authorized Video Lottery Terminals at the Tiverton gaming facility, subject to subsection

22

(g)(2); and

23

     (C) To the town of Lincoln, one and twenty-six hundredths percent (1.26%) of net terminal

24

income of authorized Video Lottery Terminals at the Lincoln gaming facility except that:

25

     (i) Effective November 9, 2009, until June 30, 2013, the allocation shall be one and forty-

26

five hundredths percent (1.45%) of net terminal income of authorized Video Lottery Terminals at

27

the Lincoln gaming facility for each week video lottery games are offered on a twenty-four-hour

28

(24) basis for all eligible hours authorized; and

29

     (ii) Effective July 1, 2013, provided that the referendum measure authorized by P.L. 2011,

30

ch. 151, article 25 as amended, section 4, is approved statewide and in the Town of Lincoln, the

31

allocation shall be one and forty-five hundredths percent (1.45%) of net terminal income of

32

authorized Video Lottery Terminals at the Lincoln gaming facility, subject to subsection (h)(2);

33

and

34

     (5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net

 

Art6
RELATING TO TAXES AND REVENUE
(Page 17 of 28)

1

terminal income of authorized Video Lottery Terminals at the Lincoln gaming facility , up to a

2

maximum of ten million dollars ($10,000,000) per year, that shall be paid to the Narragansett Indian

3

Tribe for the account of a Tribal Development Fund to be used for the purpose of encouraging and

4

promoting: home ownership and improvement; elderly housing; adult vocational training; health

5

and social services; childcare; natural resource protection; and economic development consistent

6

with state law. Provided, however, such distribution shall terminate upon the opening of any

7

gaming facility in which the Narragansett Indians are entitled to any payments or other incentives;

8

and provided, further, any monies distributed hereunder shall not be used for, or spent on,

9

previously contracted debts; and

10

     (6) Unclaimed prizes and credits shall remit to the general fund of the state; and

11

     (7) Payments into the state's general fund specified in subsections (a)(1) and (a)(6) shall be

12

made on an estimated monthly basis. Payment shall be made on the tenth day following the close

13

of the month except for the last month when payment shall be on the last business day.

14

     (b) Notwithstanding the above, the amounts payable by the Division to UTGR related to

15

the marketing program described in the UTGR master contract (as such may be amended from time

16

to time) shall be paid on a frequency agreed by the Division, but no less frequently than annually.

17

     (c) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director

18

is authorized to fund the marketing program as described in the UTGR master contract.

19

     (d) Notwithstanding the above, the amounts payable by the Division to the licensed, video

20

lottery retailer who is a party to the Newport Grand Master Contract related to the marketing

21

program described in the Newport Grand Master Contract (as such may be amended from time to

22

time) shall be paid on a frequency agreed by the Division, but no less frequently than annually.

23

     (e) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director

24

is authorized to fund the marketing program as described in the Newport Grand Master Contract.

25

     (f) Notwithstanding the provisions of Section 42-61-15, but subject to Section 42-61.2-

26

7(h), the allocation of net table-game revenue derived from table games at the Lincoln gaming

27

facility is as follows:

28

     (1) For deposit into the state lottery fund for administrative purposes and then the balance

29

remaining into the general fund:

30

     (i) Sixteen percent (16%) of net table-game revenue, except as provided in Section 42-

31

61.2-7(f)(1)(ii);

32

     (ii) An additional two percent (2%) of net table-game revenue generated at the Lincoln

33

gaming facility shall be allocated starting from the commencement of table games activities by

34

such table-game retailer and ending, with respect to such table-game retailer, on the first date that

 

Art6
RELATING TO TAXES AND REVENUE
(Page 18 of 28)

1

such table-game retailer's net terminal income for a full state fiscal year is less than such table-

2

game retailer's net terminal income for the prior state fiscal year, at which point this additional

3

allocation to the state shall no longer apply to such table-game retailer.

4

     (2) To UTGR, net table-game revenue not otherwise disbursed pursuant to subsection

5

(f)(1); provided, however, on the first date that such table-game retailer's net terminal income for a

6

full state fiscal year is less than such table-game retailer's net terminal income for the prior state

7

fiscal year, as set forth in subsection (f)(1)(ii), one percent (1%) of this net table-game revenue

8

shall be allocated to the town of Lincoln for four (4), consecutive state fiscal years.

9

     (g) Notwithstanding the provisions of Section 42-61-15, the allocation of net table-game

10

revenue derived from table games at the Tiverton gaming facility is as follows:

11

     (1) Subject to subsection (g)(2) of this section, one percent (1%) of net table-game revenue

12

shall be allocated to the town of Tiverton;

13

     (2) Fifteen and one-half percent (15.5%) of net table-game revenue shall be allocated to

14

the state first for deposit into the state lottery fund for administrative purposes and then the balance

15

remaining into the general fund; provided however, that beginning with the first state fiscal year

16

that the Tiverton gaming facility offers patrons video lottery games and table games for all of such

17

state fiscal year, for that initial state fiscal year and each subsequent state fiscal year that such

18

Tiverton gaming facility offers patrons video lottery games and table games for all of such state

19

fiscal year, if the town of Tiverton has not received an aggregate of three million dollars

20

($3,000,000) in the state fiscal year from net table-game revenues and net terminal income,

21

combined, generated by the Tiverton gaming facility ("Tiverton Minimum"), then the state shall

22

make up such shortfall to the town of Tiverton out of the state's percentage of net table-game

23

revenue set forth in this subsection (g)(2) and net terminal income set forth in subsections (a)(1)

24

and (a)(6), so long as that there has not been a closure of the Tiverton gaming facility for more than

25

thirty (30) consecutive days during such state fiscal year, and, if there has been such a closure, then

26

the Tiverton Minimum, if applicable, shall be prorated per day of such closure and any closure(s)

27

thereafter for that state fiscal year; notwithstanding the foregoing, with respect to fiscal year 2021,

28

because of the closure of the Tiverton gaming facility due to the COVID-19 pandemic, the town of

29

Tiverton shall receive no less than a total of three million dollars ($3,000,000) as an aggregate

30

payment for net, table-game revenues, net terminal income, and the shortfall from the state,

31

combined; provided further however, if in any state fiscal year either video lottery games or table

32

games are no longer offered at in the Tiverton gaming facility, then the state shall not be obligated

33

to make up the shortfall referenced in this subsection (g)(2); and

34

     (3) Net, table-game revenue not otherwise disbursed pursuant to subsections (g)(1) and

 

Art6
RELATING TO TAXES AND REVENUE
(Page 19 of 28)

1

(g)(2) of this section shall be allocated to Twin River-Tiverton.

2

     (h) Notwithstanding the foregoing Section 42-61.2-7(f) and superseding that section

3

effective upon the first date that the Tiverton gaming facility offers patrons video lottery games and

4

table games, the allocation of net table-game revenue derived from table games at the Lincoln

5

gaming facility shall be as follows:

6

     (1) Subject to subsection (h)(2), one percent (1%) of net table-game revenue shall be

7

allocated to the town of Lincoln;

8

     (2) Fifteen and one-half percent (15.5%) of net table-game revenue shall be allocated to

9

the state first for deposit into the state lottery fund for administrative purposes and then the balance

10

remaining into the general fund; provided however, that beginning with the first state fiscal year

11

that the Tiverton gaming facility offers patrons video lottery games and table games for all of such

12

state fiscal year, for that state fiscal year and each subsequent state fiscal year that the Tiverton

13

gaming facility offers patrons video lottery games and table games for all of such state fiscal year,

14

if the town of Lincoln has not received an aggregate of three million dollars ($3,000,000) in the

15

state fiscal year from net table-game revenues and net terminal income, combined, generated by

16

the Lincoln gaming facility ("Lincoln Minimum"), then the state shall make up such shortfall to the

17

town of Lincoln out of the state's percentage of net table-game revenue set forth in this subsection

18

(h)(2) and net terminal income set forth in subsections (a)(1) and (a)(6), so long as that there has

19

not been a closure of the Tiverton gaming facility for more than thirty (30) consecutive days during

20

such state fiscal year, and, if there has been such a closure, then the Lincoln Minimum, if applicable,

21

shall be prorated per day of such closure and any closure(s) thereafter for that state fiscal year;

22

provided further however, if in any state fiscal year either video lottery games or table games are

23

no longer offered at the Tiverton gaming facility, then the state shall not be obligated to make up

24

the shortfall referenced in this subsection (h)(2); and

25

     (3) Net, table-game revenue not otherwise disbursed pursuant to subsections (h)(1) and

26

(h)(2) shall be allocated to UTGR.

27

     SECTION 10. Section 44-11-11 of the General Laws in Chapter 44-11 entitled “'Net

28

income’ defined” is hereby amended to read as follows:

29

     44-11-11. “Net income” defined.

30

     (a)(1) "Net income" means, for any taxable year and for any corporate taxpayer, the taxable

31

income of the taxpayer for that taxable year under the laws of the United States, plus:

32

     (i) Any interest not included in the taxable income;

33

     (ii) Any specific exemptions;

34

     (iii) The tax imposed by this chapter; and minus:

 

Art6
RELATING TO TAXES AND REVENUE
(Page 20 of 28)

1

     (iv) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck

2

Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus

3

Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or

4

any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount

5

of the loan forgiven exceeds $250,000; and minus:

6

     (iv)(v) Interest on obligations of the United States or its possessions, and other interest

7

exempt from taxation by this state; and

8

     (v)(vi) The federal net operating loss deduction.

9

     (2) All binding federal elections made by or on behalf of the taxpayer applicable either

10

directly or indirectly to the determination of taxable income shall be binding on the taxpayer except

11

where this chapter or its attendant regulations specifically modify or provide otherwise. Rhode

12

Island taxable income shall not include the "gross-up of dividends" required by the federal Internal

13

Revenue Code to be taken into taxable income in connection with the taxpayer's election of the

14

foreign tax credit.

15

     (b) A net operating loss deduction shall be allowed, which shall be the same as the net

16

operating loss deduction allowed under 26 U.S.C. § 172, except that:

17

     (1) Any net operating loss included in determining the deduction shall be adjusted to reflect

18

the inclusions and exclusions from entire net income required by subsection (a) of this section and

19

§ 44-11-11.1;

20

     (2) The deduction shall not include any net operating loss sustained during any taxable year

21

in which the taxpayer was not subject to the tax imposed by this chapter; and

22

     (3) The deduction shall not exceed the deduction for the taxable year allowable under 26

23

U.S.C. § 172; provided, that the deduction for a taxable year may not be carried back to any other

24

taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis for the

25

five (5) succeeding taxable years.

26

     (c) "Domestic international sales corporations" (referred to as DISCs), for the purposes of

27

this chapter, will be treated as they are under federal income tax law and shall not pay the amount

28

of the tax computed under § 44-11-2(a). Any income to shareholders of DISCs is to be treated in

29

the same manner as it is treated under federal income tax law as it exists on December 31, 1984.

30

     (d) A corporation that qualifies as a "foreign sales corporation" (FSC) under the provisions

31

of subchapter N, 26 U.S.C. § 861 et seq., and that has in effect for the entire taxable year a valid

32

election under federal law to be treated as a FSC, shall not pay the amount of the tax computed

33

under § 44-11-2(a). Any income to shareholders of FSCs is to be treated in the same manner as it

34

is treated under federal income tax law as it exists on January 1, 1985.

 

Art6
RELATING TO TAXES AND REVENUE
(Page 21 of 28)

1

     (e) For purposes of a corporation's state tax liability, any deduction to income allowable

2

under 26 U.S.C. § 1400Z-2(c) may be claimed in the case of any investment held by the taxpayer

3

for at least seven years. The division of taxation shall promulgate, in its discretion, rules and

4

regulations relative to the accelerated application of deductions under 26 U.S.C. § 1400Z-2(c).

5

     SECTION 11. Section 44-14-11 of the General Laws in Chapter 44-14 entitled "'Gross

6

income’ defined" is hereby amended to read as follows:

7

     44-14-11. “Gross income” defined.

8

     "Gross income" includes all gains, profits, and income of the taxpayer from whatever

9

sources derived during the income period; provided, that gains from the sale or other disposition of

10

any property other than securities shall not be included in gross income, and losses from the sale

11

or other disposition of any property other than securities shall not be deducted from gross income.

12

For taxable year beginning on or after January 1, 2020, gross income includes the amount of any

13

Paycheck Protection Program loan forgiven for federal income tax purposes as authorized by the

14

Coronavirus Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act,

15

2021 and/or any other subsequent federal stimulus relief packages enacted by law, to the extent that

16

the amount of loan forgiven exceeds $250,000.

17

     SECTION 12. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Rhode

18

Island income of a resident individual" is hereby amended to read as follows:

19

     44-30-12. Rhode Island income of a resident individual.

20

     (a) General. The Rhode Island income of a resident individual means his or her adjusted

21

gross income for federal income tax purposes, with the modifications specified in this section.

22

     (b) Modifications increasing federal adjusted gross income. There shall be added to federal

23

adjusted gross income:

24

     (1) Interest income on obligations of any state, or its political subdivisions, other than

25

Rhode Island or its political subdivisions;

26

     (2) Interest or dividend income on obligations or securities of any authority, commission,

27

or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the

28

extent exempted by the laws of the United States from federal income tax but not from state income

29

taxes;

30

     (3) The modification described in § 44-30-25(g);

31

     (4)(i) The amount defined below of a nonqualified withdrawal made from an account in

32

the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified

33

withdrawal is:

34

     (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal

 

Art6
RELATING TO TAXES AND REVENUE
(Page 22 of 28)

1

Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-

2

6.1; and

3

     (B) A withdrawal or distribution that is:

4

     (I) Not applied on a timely basis to pay "qualified higher education expenses" as defined

5

in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made;

6

     (II) Not made for a reason referred to in § 16-57-6.1(e); or

7

     (III) Not made in other circumstances for which an exclusion from tax made applicable by

8

Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover,

9

withdrawal, or distribution is made within two (2) taxable years following the taxable year for

10

which a contributions modification pursuant to subsection (c)(4) of this section is taken based on

11

contributions to any tuition savings program account by the person who is the participant of the

12

account at the time of the contribution, whether or not the person is the participant of the account

13

at the time of the transfer, rollover, withdrawal or distribution;

14

     (ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B)

15

of this section, there shall be added to the federal adjusted gross income of that person for the

16

taxable year of the withdrawal an amount equal to the lesser of:

17

     (A) The amount equal to the nonqualified withdrawal reduced by the sum of any

18

administrative fee or penalty imposed under the tuition savings program in connection with the

19

nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the

20

person's federal adjusted gross income for the taxable year; and

21

     (B) The amount of the person's contribution modification pursuant to subsection (c)(4) of

22

this section for the person's taxable year of the withdrawal and the two (2) prior taxable years less

23

the amount of any nonqualified withdrawal for the two (2) prior taxable years included in

24

computing the person's Rhode Island income by application of this subsection for those years. Any

25

amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode

26

Island income for residents, nonresidents and part-year residents;

27

     (5) The modification described in § 44-30-25.1(d)(3)(i);

28

     (6) The amount equal to any unemployment compensation received but not included in

29

federal adjusted gross income; and

30

     (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a

31

qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6).; and

32

     (8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck

33

Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus

34

Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or

 

Art6
RELATING TO TAXES AND REVENUE
(Page 23 of 28)

1

any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount

2

of the loan forgiven exceeds $250,000, including an individual’s distributive share of the amount

3

of a pass-through entity’s loan forgiveness in excess of $250,000.

4

     (c) Modifications reducing federal adjusted gross income. There shall be subtracted from

5

federal adjusted gross income:

6

     (1) Any interest income on obligations of the United States and its possessions to the extent

7

includible in gross income for federal income tax purposes, and any interest or dividend income on

8

obligations, or securities of any authority, commission, or instrumentality of the United States to

9

the extent includible in gross income for federal income tax purposes but exempt from state income

10

taxes under the laws of the United States; provided, that the amount to be subtracted shall in any

11

case be reduced by any interest on indebtedness incurred or continued to purchase or carry

12

obligations or securities the income of which is exempt from Rhode Island personal income tax, to

13

the extent the interest has been deducted in determining federal adjusted gross income or taxable

14

income;

15

     (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1);

16

     (3) The amount of any withdrawal or distribution from the "tuition savings program"

17

referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal

18

or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal;

19

     (4) Contributions made to an account under the tuition savings program, including the

20

"contributions carryover" pursuant to subsection (c)(4)(iv) of this section, if any, subject to the

21

following limitations, restrictions and qualifications:

22

     (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the

23

taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint

24

return;

25

     (ii) The following shall not be considered contributions:

26

     (A) Contributions made by any person to an account who is not a participant of the account

27

at the time the contribution is made;

28

     (B) Transfers or rollovers to an account from any other tuition savings program account or

29

from any other "qualified tuition program" under section 529 of the Internal Revenue Code, 26

30

U.S.C. § 529; or

31

     (C) A change of the beneficiary of the account;

32

     (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer's federal

33

adjusted gross income to less than zero (0);

34

     (iv) The contributions carryover to a taxable year for purpose of this subdivision is the

 

Art6
RELATING TO TAXES AND REVENUE
(Page 24 of 28)

1

excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition

2

savings program for all preceding taxable years for which this subsection is effective over the sum

3

of:

4

     (A) The total of the subtractions under this subdivision allowable to the taxpayer for all

5

such preceding taxable years; and

6

     (B) That part of any remaining contribution carryover at the end of the taxable year which

7

exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable

8

years not included in the addition provided for in this subdivision for those years. Any such part

9

shall be disregarded in computing the contributions carryover for any subsequent taxable year;

10

     (v) For any taxable year for which a contributions carryover is applicable, the taxpayer

11

shall include a computation of the carryover with the taxpayer's Rhode Island personal income tax

12

return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a

13

joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a

14

subsequent taxable year, the computation shall reflect how the carryover is being allocated between

15

the prior joint filers;

16

     (5) The modification described in § 44-30-25.1(d)(1);

17

     (6) Amounts deemed taxable income to the taxpayer due to payment or provision of

18

insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or

19

other coverage plan;

20

     (7) Modification for organ transplantation.

21

     (i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted

22

gross income if he or she, while living, donates one or more of his or her human organs to another

23

human being for human organ transplantation, except that for purposes of this subsection, "human

24

organ" means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract

25

modification that is claimed hereunder may be claimed in the taxable year in which the human

26

organ transplantation occurs.

27

     (ii) An individual may claim that subtract modification hereunder only once, and the

28

subtract modification may be claimed for only the following unreimbursed expenses that are

29

incurred by the claimant and related to the claimant's organ donation:

30

     (A) Travel expenses.

31

     (B) Lodging expenses.

32

     (C) Lost wages.

33

     (iii) The subtract modification hereunder may not be claimed by a part-time resident or a

34

nonresident of this state;

 

Art6
RELATING TO TAXES AND REVENUE
(Page 25 of 28)

1

     (8) Modification for taxable Social Security income.

2

     (i) For tax years beginning on or after January 1, 2016:

3

     (A) For a person who has attained the age used for calculating full or unreduced social

4

security retirement benefits who files a return as an unmarried individual, head of household, or

5

married filing separate whose federal adjusted gross income for the taxable year is less than eighty

6

thousand dollars ($80,000); or

7

     (B) A married individual filing jointly or individual filing qualifying widow(er) who has

8

attained the age used for calculating full or unreduced social security retirement benefits whose

9

joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars

10

($100,000), an amount equal to the social security benefits includable in federal adjusted gross

11

income.

12

     (ii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) and

13

(c)(8)(i)(B) of this section shall be increased annually by an amount equal to:

14

     (A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) of this section

15

adjusted for inflation using a base tax year of 2000, multiplied by;

16

     (B) The cost-of-living adjustment with a base year of 2000.

17

     (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is

18

the percentage (if any) by which the consumer price index for the preceding calendar year exceeds

19

the consumer price index for the base year. The consumer price index for any calendar year is the

20

average of the consumer price index as of the close of the twelve-month (12) period ending on

21

August 31, of such calendar year.

22

     (iv) For the purpose of this section the term "consumer price index" means the last

23

consumer price index for all urban consumers published by the department of labor. For the purpose

24

of this section the revision of the consumer price index which is most consistent with the consumer

25

price index for calendar year 1986 shall be used.

26

     (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00),

27

such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a

28

married individual filing separate return, if any increase determined under this section is not a

29

multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple

30

of twenty-five dollars ($25.00);

31

     (9) Modification for up to fifteen thousand dollars ($15,000) of taxable retirement income

32

from certain pension plans or annuities.

33

     (i) For tax years beginning on or after January 1, 2017, a modification shall be allowed for

34

up to fifteen thousand dollars ($15,000) of taxable pension and/or annuity income that is included

 

Art6
RELATING TO TAXES AND REVENUE
(Page 26 of 28)

1

in federal adjusted gross income for the taxable year:

2

     (A) For a person who has attained the age used for calculating full or unreduced social

3

security retirement benefits who files a return as an unmarried individual, head of household, or

4

married filing separate whose federal adjusted gross income for such taxable year is less than the

5

amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not

6

to exceed $15,000 of taxable pension and/or annuity income includable in federal adjusted gross

7

income; or

8

     (B) For a married individual filing jointly or individual filing qualifying widow(er) who

9

has attained the age used for calculating full or unreduced social security retirement benefits whose

10

joint federal adjusted gross income for such taxable year is less than the amount used for the

11

modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000

12

of taxable pension and/or annuity income includable in federal adjusted gross income.

13

     (ii) Adjustment for inflation. The dollar amount contained by reference in subsections

14

(c)(9)(i)(A) and (c)(9)(i)(B) of this section shall be increased annually for tax years beginning on

15

or after January 1, 2018 by an amount equal to:

16

     (A) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B)

17

of this section adjusted for inflation using a base tax year of 2000, multiplied by;

18

     (B) The cost-of-living adjustment with a base year of 2000.

19

     (iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is

20

the percentage (if any) by which the consumer price index for the preceding calendar year exceeds

21

the consumer price index for the base year. The consumer price index for any calendar year is the

22

average of the consumer price index as of the close of the twelve-month (12) period ending on

23

August 31, of such calendar year.

24

     (iv) For the purpose of this section, the term "consumer price index" means the last

25

consumer price index for all urban consumers published by the department of labor. For the purpose

26

of this section, the revision of the consumer price index which is most consistent with the consumer

27

price index for calendar year 1986 shall be used.

28

     (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00),

29

such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a

30

married individual filing a separate return, if any increase determined under this section is not a

31

multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple

32

of twenty-five dollars ($25.00); and

33

     (10) Modification for Rhode Island investment in opportunity zones. For purposes of a

34

taxpayer's state tax liability, in the case of any investment in a Rhode Island opportunity zone by

 

Art6
RELATING TO TAXES AND REVENUE
(Page 27 of 28)

1

the taxpayer for at least seven (7) years, a modification to income shall be allowed for the

2

incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and

3

the federal benefit allowed under 26 U.S.C. § 1400Z-2(c).

4

     (d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or

5

subtracted from, federal adjusted gross income (as the case may be) the taxpayer's share, as

6

beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-

7

30-17.

8

     (e) Partners. The amounts of modifications required to be made under this section by a

9

partner, which relate to items of income or deduction of a partnership, shall be determined under §

10

44-30-15.

11

     SECTION 13. Sections 1 through 7 of this article shall take effect July 1, 2021. Sections 8

12

through 12 of this article shall take effect upon passage.

 

Art6
RELATING TO TAXES AND REVENUE
(Page 28 of 28)

=======

art.007/3/007/2/007/1

=======

1

     ARTICLE 7

2

RELATING TO THE ENVIRONMENT

3

     SECTION 1. Section 2-7-4 of the General Laws in Chapter 2-7 entitled "Commercial

4

Fertilizer” is hereby amended to read as follows:

5

     2-7-4. Registration.

6

     (a) Each brand and grade of commercial fertilizer shall be registered by the manufacturer

7

or by that person whose name appears upon the label before being distributed in this state. The

8

application for registration shall be submitted to the director on a form furnished by the director,

9

and shall be accompanied by a fee of seventy-two dollars ($72.00) one hundred dollars ($100) per

10

brand or grade registered.

11

     (1) All revenues received from registration fees shall be deposited as general revenues.

12

     (2) All applications for registration shall be accompanied by a label or true copy of the

13

label.

14

     (3) Upon approval by the director, a copy of the registration shall be furnished to the

15

applicant.

16

     (4) All registrations expire on December 31st of each year.

17

     (5) The application includes the following information:

18

     (i) The brand and grade;

19

     (ii) The guaranteed analysis;

20

     (iii) The name and address of the registrant.

21

     (b) A distributor is not required to register any commercial fertilizer which is already

22

registered under this chapter by another person, providing the label does not differ in any respect.

23

     (c) A distributor is not required to register each grade of commercial fertilizer formulated

24

according to specifications which are furnished by a consumer prior to mixing.

25

     (d) The plant nutrient content of each and every brand and grade of commercial fertilizer

26

must remain uniform for the period of registration.

27

     SECTION 2. Sections 20-2-15, 20-2-16, 20-2-17, 20-2-18, 20-2-18.1, 20-2-18.3, 20-2-30,

28

20-2-37 and 20-2-42 of the General Laws in Chapter 20-2 entitled "Licensing" are hereby amended

29

to read as follows:

30

     20-2-15. Freshwater fishing license.

 

1

     (a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July

2

1, 2025, twenty-four dollars ($24.00); commencing July 1, 2028, twenty-seven dollars ($27.00).

3

     (2) Nonresident: thirty-five dollars ($35.00). thirty-eight dollars ($38.00); commencing

4

July 1, 2025, forty-one dollars ($41.00); commencing July 1, 2028, forty-four dollars ($44.00).

5

     (3) Nonresident tourist: sixteen dollars ($16.00). eighteen dollars ($18.00); commencing

6

July 1, 2025, twenty dollars ($20.00); commencing July 1, 2028, twenty-two dollars ($22.00). This

7

license shall entitle the licensee to fish in Rhode Island for three (3) consecutive days including the

8

day of issue.

9

     (b) Freshwater fishing licenses shall expire on the last day of February of each year.

10

     20-2-16. Hunting License.

11

     (a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July

12

1, 2025, twenty-four dollars ($24.00); commencing July 1, 2028, twenty-seven dollars ($27.00).

13

     (2) Nonresident: forty-five dollars ($45.00). fifty-five dollars ($55.00); commencing July

14

1, 2025, sixty-five dollars ($65.00); commencing July 1, 2028, seventy-five dollars ($75.00).

15

     (3) Nonresident landowner: a nonresident citizen of the United States and owner of real

16

estate in Rhode Island assessed for taxation at a valuation of not less than thirty thousand dollars

17

($30,000) may obtain a resident’s hunting license.

18

     (4) Shooting preserve: three dollars and fifty cents ($3.50).

19

     (5) Nonresident three (3) day: sixteen dollars ($16.00) twenty dollars ($20.00). This license

20

shall entitle the licensee to hunt in Rhode Island for three (3) consecutive days as validated by the

21

issuing agent.

22

     (6) Resident junior hunting license: fourteen dollars ($14.00).

23

     (7) Nonresident junior hunting license: forty dollars ($40.00).

24

     (b) Hunting licenses shall expire on the last day of February of each year.

25

     20-2-17. Combination fishing and hunting license.

26

     The director may grant to any eligible resident applying for a combination hunting and

27

fishing license a license that shall entitle the licensee to the privileges of both hunting and fishing

28

licenses, for a fee of thirty-three dollars ($33.00) thirty-eight dollars ($38.00); commencing July 1,

29

2025, forty-three dollars ($43.00); commencing July 1, 2028, forty-eight dollars ($48.00). The

30

license shall expire on the last day of February of each year.

31

     20-2-18. Deer Permits.

32

     (a)(1) Resident: twelve dollars and fifty cents ($12.50) thirteen dollars ($13.00);

33

commencing July 1, 2025, fourteen dollars ($14.00); commencing July 1, 2028, fifteen dollars

34

($15.00).

 

Art7
RELATING TO THE ENVIRONMENT
(Page 2 of 24)

1

     (2) Nonresident: twenty-five twenty-six dollars and fifty cents ($25.50$26.50).;

2

commencing July 1, 2025, twenty-seven dollars and fifty cents ($27.50); commencing July 1, 2028,

3

twenty-eight dollars and fifty cents ($28.50).

4

     (b) A deer permit is good only for the season in which it is issued.

5

     20-2-18.1. Wild turkey permits.

6

     (a) No person shall attempt to take any wild turkey without first obtaining a regular hunting

7

license and a turkey permit for the current year. Permits shall be sold at the direction of the director

8

for a fee of seven dollars and fifty cents eight dollars ($7.50$8.00) for residents and twenty-one

9

dollars and fifty cents ($20.00$21.50) for nonresidents. Commencing July 1, 2025, permits shall

10

be sold for a fee of nine dollars ($9.00) for residents and twenty-three dollars ($23.00) for

11

nonresidents. Commencing July 1, 2028, permits shall be sold for a fee of ten dollars and fifty cents

12

($10.50) for residents and twenty-four dollars and fifty cents ($24.50) for nonresidents. The issuing

13

agent may retain a fee of fifty cents ($.50) for each permit and shall remit seven dollars ($7.00) for

14

resident permits and nineteen dollars and fifty cents ($19.50) for nonresident permits the remainder

15

to the department.

16

     (b) A wild turkey permit shall be good only for the season in which it is issued.

17

     (c) All monies derived by the department from the sale of wild turkey permits shall be

18

expended for turkey habitat acquisition in Rhode Island and wild turkey restoration management

19

and research.

20

     20-2-18.3. Stocked game bird permit fees and bag limits.

21

     Permits shall be sold at the direction of the director for a fee of fifteen seventeen dollars

22

and fifty cents ($15.50 $17.00). Commencing July 1, 2025, the fee for a permit shall be eighteen

23

dollars and fifty cents ($18.50). Commencing July 1, 2028, the fee for a permit shall be twenty-one

24

dollars ($21.00). The issuing agent will retain a fee of fifty cents ($0.50) for each permit and shall

25

remit fifteen dollars ($15.00) the remainder to the department. The permit will allow the person to

26

harvest a daily bag and season limit as described in regulations promulgated by the director. All

27

monies derived by the department from the sale of stocked game bird permits shall be expended

28

for stocking game birds and wildlife habitat acquisition in Rhode Island.

29

     20-2-30. Fur trapping and licenses.

30

     (a)(1) Fur trapper – Resident: ten fifteen dollars ($10.00$15.00); commencing July 1, 2025,

31

twenty dollars ($20.00); commencing July 1, 2028, twenty-five dollars ($25.00).

32

     (2) Fur trapper – Nonresident: thirty fifty dollars ($30.00$50.00); commencing July 1,

33

2025, seventy-five dollars ($75.00); commencing July 1, 2028, one hundred dollars ($100.00).

34

     (b) Fur trapper and fur licenses expire on the last day of March of each year.

 

Art7
RELATING TO THE ENVIRONMENT
(Page 3 of 24)

1

     20-2-37. Waterfowl stamp fees.

2

     (a) Stamps shall be sold at the direction of the director for a fee of seven eight dollars and

3

fifty cents ($7.50$8.00). Commencing July 1, 2025, the fee for a stamp shall be nine dollars ($9.00).

4

Commencing July 1, 2028, the fee for a stamp shall be ten dollars ($10.00). The issuing agent may

5

retain a fee of fifty cents ($.50) for each stamp and shall remit seven dollars ($7.00) the remainder

6

of each fee to the department. The director shall establish a uniform sale price for all categories of

7

by-products.

8

     (b) [Deleted by P.L. 2002, ch. 65, art. 13, § 16.]

9

     20-2-42. Trout conservation stamp fee.

10

     Stamps shall be sold at the direction of the director for a fee of five dollars and fifty cents

11

($5.50). Commencing July 1, 2025, the fee for a stamp shall be six dollars ($6.00). Commencing

12

July 1, 2028, the fee for a stamp shall be six dollars and fifty cents ($6.50). The issuing agent may

13

retain a fee of fifty cents ($.50) for each stamp sold and shall remit five dollars ($5.00) the

14

remainder of each fee to the department. The director shall establish uniform sale prices for all

15

categories of by-products.

16

     SECTION 3. Section 20-2-27.1 of the General Laws in Chapter 20-2 entitled "Licensing"

17

is hereby amended to read as follows:

18

     20-2-27.1. Rhode Island party and charter boat vessel license Rhode Island party and

19

charter vessel license.

20

     (a) All party and charter boats vessels carrying recreational passengers to take or attempt

21

to take marine fish species upon the navigable state and coastal waters of Rhode Island shall be

22

required to obtain a Rhode Island party and charter boat vessel license. The licenses shall be issued

23

by the department on a biennial basis for a fee of twenty-five dollars ($25) per vessel. The annual

24

fee shall be one hundred dollars ($100) for a resident of Rhode Island and shall be three hundred

25

dollars ($300) for a non-resident. All licensed party and charter boats vessels shall be required to

26

display a party and charter boat vessel decal provided by the department. To obtain a license, the

27

owner of a qualified vessel must submit:

28

     (1) A current copy of the operator's United States Coast Guard license to carry passengers

29

for hire;

30

     (2) A current copy of the vessel's "Certificate of Documentation" certifying that the vessel

31

is documented "Coastwise", or if the vessel is under five (5) net tons, a copy of the vessel's state

32

registration;

33

     (3) Proof that the operator and crew are currently enrolled in a random drug testing program

34

that complies with the federal government's 46 C.F.R. § 16.101 et seq. "Drug Testing Program"

 

Art7
RELATING TO THE ENVIRONMENT
(Page 4 of 24)

1

regulations; and

2

     (4) A signed license application form certifying that the vessel is and will be operated in

3

compliance with all state and federal safety regulations for the vessel.

4

     (b) Rhode Island party and charter boat vessel licenses shall expire on the last day of

5

February December every other year, with the first expiration date being in February 2001

6

     SECTION 4. Sections 20-2.1-3, 20-2.1-4, 20-2.1-7 and 20-2.1-8 of the General Laws in

7

Chapter 20-2.1 entitled "Commercial Fishing Licenses" are hereby amended to read as follows:

8

     20-2.1-3. Definitions.

9

     For the purposes of this chapter the following terms shall mean:

10

     (1) "Basic harvest and gear levels" means fishery-specific harvest and/or gear levels,

11

established and regularly updated by the department by rule, that, in a manner consistent with the

12

state or federally sanctioned management plans or programs that may be in effect, and to the extent

13

possible given those plans and programs, provide a maximum level of participation for commercial

14

fishing license holders in accordance with applicable endorsements.

15

     (1) "Activity Standard" means a level of fishing participation used to establish criteria for

16

the issuance of new licenses.

17

     (2) "Commercial fisherman" means a natural person licensed to who catches, harvests, or

18

takes finfish, crustaceans, or shellfish marine species from the marine waters for sale.

19

     (3) "Council" means the marine fisheries council established by chapter 3 of this title.

20

     (4) "Crustaceans" means lobsters, crabs, shrimp, and for purposes of this chapter it also

21

includes horseshoe crabs.

22

     (5) "Director" means the director of the department of environmental management.

23

     (6) "Endorsement" means the designation of a fishery in which a license holder may

24

participate at either basic or full harvest and gear levels. Endorsement categories and levels shall

25

be established annually by the department by rule, based on the status of the various fisheries, the

26

levels of participation of existing license holders, and the provisions of applicable management

27

plans or programs. At a minimum, endorsement categories and endorsement opportunities shall

28

include, but may not be limited to: non-lobster crustacean; lobster; non-quahaug shellfish; quahaug;

29

non-restricted finfish; and restricted finfish. Endorsements, when available, shall be issued in

30

accordance with applicable qualifying criteria.

31

     (7) "February 28" means the twenty-eighth (28th) day in the month of February or the next

32

business day if February 28 falls on a Saturday or Sunday for the purpose of application submittals

33

and renewal deadlines.

34

     (6) "Family member" means a spouse, mother, father, brother, sister, child, or grandchild

 

Art7
RELATING TO THE ENVIRONMENT
(Page 5 of 24)

1

of the holder or transferor of a commercial fishing license.

2

     (87) "Finfish" means cold-blooded aquatic vertebrates with fins, including fish, sharks,

3

rays, skates, and eels and also includes, for the purposes of this chapter, squid.

4

     (98) "Fisheries sectors" means and comprises crustaceans, finfish, shellfish, as defined in

5

this section, each of which shall singularly be considered a fishery sector.

6

     (10) "Full harvest and gear levels" means fishery-specific harvest and/or gear levels,

7

established and regularly updated by the department by rule, that, in a manner consistent with the

8

state or federally sanctioned management plans or programs that may be in effect, and to the extent

9

possible given those plans and programs, provide a maximum level of participation for principal

10

effort license holders in accordance with applicable endorsements and for all multi-purpose license

11

holders.

12

     (9) "Fishery Endorsement" means the authorization for a license holder to participate in a

13

designated fishery sector at a limited or unlimited level.

14

     (1110) "Grace period" means sixty (60) calendar days commencing the last day of February

15

28, as defined herein, and shall only apply to renewals of licenses from the immediately preceding

16

year; provided, that for calendar year 2004 the grace period shall be ninety (90) calendar days

17

commencing February 29, 2004.

18

     (1211) "Medical hardship" means a significant medical condition that prevents a license

19

applicant from meeting the application requirements renders an active licensed person unable to

20

fish for a period in excess of fourteen (14) days, either as a result of the physical loss of function

21

or impairment of a body part or parts, or debilitating pain. Demonstration of the medical hardship

22

shall be in the form of a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).

23

     (12) "Medical Incapacity" means death or injury that renders an active license holder

24

permanently unable to actively fish. Demonstration of medical incapacity shall be in the form of a

25

death certificate, or a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).

26

     (13) "Other Endorsement" means the authorization for a license holder or vessel to

27

participate in a designated activity.

28

     (134) "Shellfish" means quahogs, clams, mussels, scallops, oysters, conches, and mollusks

29

in general other than squid.

30

     (145) "Student commercial fisherman" means a resident twenty-three (23) years of age or

31

younger, licensed pursuant to this chapter, who is a full-time student.

32

     20-2.1-4. Licenses -- General provisions governing licenses issued General provisions

33

governing licenses issued. 

34

     (a) Licenses and vessel declarations required Applicability. It shall be unlawful for any

 

Art7
RELATING TO THE ENVIRONMENT
(Page 6 of 24)

1

person in Rhode Island or the waters of the state: (1) To take, catch, harvest, possess, or to hold, or

2

transport for sale in Rhode Island any marine finfish, crustacean, or shellfish species without a

3

license issued under the provisions of this title, provided, however, that marine finfish, crustaceans,

4

or shellfish species may be transported by a duly licensed dealer if the marine finfish, crustaceans,

5

or shellfish species have previously been sold by a duly licensed person; or (2) To engage in

6

commercial fishing from a vessel unless the vessel has been declared a commercial fishing vessel

7

as provided in § 20-2.1-5(23) and has a decal affixed to it or is displaying a plate.

8

     (b) Validation of license. No license issued under this chapter shall be valid until signed by

9

the licensee in his or her own handwriting.

10

     (c) Transfer or loan of license. Unless otherwise provided for in this title, a license issued

11

to a person under this chapter shall be good only for the person to whom it is issued and any transfer

12

or loan of the license shall be grounds for revocation or suspension of that license pursuant to § 20-

13

2-13.

14

     (d) Reporting and inspections condition of license. All persons granted a license under the

15

provisions of this chapter are deemed to have consented to the reporting requirements applicable

16

to commercial fishing actively that are established pursuant to this title and to the reasonable

17

inspection of any boat, vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or other

18

contrivance used regularly for the keeping or storage of fish, shellfish or crustaceans marine

19

species, and any creel, box, locker, basket, crate, blind, fishing, or paraphernalia used in

20

conjunction with the licensed activity by persons duly authorized by the director. The provisions

21

of § 20-1-8(a)(7)(ii) shall apply to these inspections.

22

     (e) Possession, inspection, and display of license. Every person holding a license issued

23

under this chapter shall have that license in his or her possession at all times while engaged in the

24

licensed activity and shall present the license for inspection on demand by any authorized person.

25

Any person who shall refuse to present a license on demand shall be liable to the same punishment

26

as if that person were fishing without a license.

27

     (f) Application for license. Every person entitled to a license under this chapter shall file

28

an application with the director, or the director's authorized agent, properly sworn to, stating the

29

name, age, occupation, place of residence, mailing address, weight, height, and color of hair and

30

eyes of the applicant for whom the license is wanted and providing any other information that may

31

be required pursuant to rule in order to effectuate the purposes of this chapter, and pay the fees as

32

provided in this chapter. All licenses issued under this chapter shall be valid only for the calendar

33

year of issuance, unless otherwise specified in this chapter or in the rules and regulations adopted

34

pursuant to this chapter. If the person will be either the owner or the operator as provided in § 20-

 

Art7
RELATING TO THE ENVIRONMENT
(Page 7 of 24)

1

2.1-5(57) of a commercial fishing vessel, the person shall declare, on the application for each

2

commercial fishing vessel, the vessel name, length, horsepower, state registration number or coast

3

guard documentation number, federal permit number, if any, gear type(s), the principal fishery or

4

fisheries, and average projected crew size.

5

     (g) Application deadline, grace period for renewals, and limitation on appeals after the

6

deadlines. For commercial marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the

7

following provisions shall apply:

8

     (1) Unless otherwise specified in this chapter, an individual qualified to obtain a license

9

must submit an application to the department of environmental management no later than the last

10

day of February 28 of each year; license application shall be deemed valid if submitted to the

11

department prior to the close of regular office hours on the last day of February 28 or if postmarked

12

by the last day of February 28;

13

     (2) Unless otherwise specified in this title, no new or renewed licenses shall be issued after

14

the last day of February 28 of each year, unless an applicant has submitted an application by the

15

February 28 deadline required by this section;

16

     (3) The department shall notify all license holders, in writing, regarding the December 31

17

expiration and the February 28 renewal deadline no later than November 1 of each year;

18

     (4) For renewals of existing commercial marine fishing licenses that expire on December

19

31 of the immediately preceding year, there shall be a sixty-day (60) grace period from the renewal

20

deadline of February 28; licenses issued during the grace period shall be subject to a late fee in the

21

amount of two-hundred dollars ($200) in addition to all other applicable fees;

22

     (5) Except as provided for in subsection (g)(4) of this section or § 20-2.1-5(1)(iviii)(A), the

23

department shall not accept any applications submitted after the last day of February 28; and

24

     (6) There shall be no right to request reconsideration by the commercial fishing license

25

review board or an appeal to the department of environmental management's administrative

26

adjudication division (AAD) for the rejection of any new license applications submitted after the

27

last day of February 28, or any license renewal applications submitted after the sixty (60) day grace

28

period., except iIn the case of a documented medical hardship as defined herein medical condition

29

that prevents a license applicant from meeting the application requirements, the license applicant

30

has no more than one year after the expiration of a license to appeal to AAD. Demonstration of

31

such medical condition shall be in the form of a diagnosis and prognosis signed by a medical doctor

32

(M.D. or O.D.).

33

     (h) Lost or destroyed licenses and duplicate licenses. Whoever loses, or by a mistake or

34

accident destroys his or her certificate of a commercial marine fisheries license, may, upon

 

Art7
RELATING TO THE ENVIRONMENT
(Page 8 of 24)

1

application to the department accompanied by an affidavit fully setting forth the circumstances of

2

the loss, receive a duplicate certificate license for the remainder of the year covered by the original

3

certificate, for a fee of ten dollars ($10.00) for each duplicate license.

4

     (i) Revocation of licenses.

5

     (1) License revocation. The license of any person who has violated the provisions of this

6

chapter, or rules adopted pursuant to the provisions of this chapter, or rules and regulations that

7

pertain to commercial fishing and reporting issued pursuant to this title, may be suspended or

8

revoked by the director as the director shall determine by regulation. Any person aggrieved by an

9

order of suspension or revocation may appeal this order in accordance with the provisions of the

10

administrative procedures act, chapter 35 of title 42.

11

     (2) False statements and violations; cancellation of license. Any person who willfully

12

makes a false representation as to birthplace or requirements of identification or of other facts

13

required in an application for license under this chapter, or is otherwise directly or indirectly a party

14

to a false representation, shall be punished by a fine of not more than fifty dollars ($50.00). A

15

license obtained by any person through a false representation shall be null and void, and the license

16

shall be surrendered immediately to the director. No license shall be issued under this title to this

17

person for a period of one year from the date of imposition of a penalty under this section.

18

     (3) False, altered, forged, or counterfeit licenses. Every person who falsely makes, alters,

19

forges, or counterfeits, or who causes to be made, altered, forged, or counterfeited, a license issued

20

under this chapter or title or purporting to be a license issued under this chapter or title, or who

21

shall have in his or her possession such a license knowing it to be false, altered, forged, or

22

counterfeit, is guilty of a misdemeanor and is subject to the penalties prescribed in § 20-1-16.

23

     (j) Expiration. Unless otherwise specified in this title, all licenses issued under this chapter

24

shall be annual and shall expire on December 31 of each year. It shall be unlawful for any person

25

to fish commercially in Rhode Island waters on an expired license; and the application and grace

26

periods set forth in subsections (g)(1) and (g)(4) above shall not extend the validity of any expired

27

license.

28

     (k) Notice of change of address. Whenever any person holding any commercial fishing

29

license shall move from the address named in his or her last application, that person shall, within

30

ten (10) days subsequent to moving, notify the office of boat registration and licensing of his or her

31

former and current address. 

32

     20-2.1-7. Landing permits and fees.

33

     Landing permits shall be issued as provided for in chapter 4 of this title. In addition, a non-

34

resident must obtain a landing permit, for a fee of two hundred dollars ($200), to off-load or land

 

Art7
RELATING TO THE ENVIRONMENT
(Page 9 of 24)

1

species harvested outside Rhode Island waters. The landing permit shall be valid for the calendar

2

year in which it was issued. The department shall adopt any rules and procedures that may be

3

necessary for the timely issuance of landing permits in order to facilitate the off-loading and sale

4

of non-quota species harvested outside state waters.

5

     (a) All residents or non-residents, with the exception of persons or vessels with qualifying

6

Rhode Island fishing licenses, who have charge of a vessel carrying seafood products legally

7

harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale seafood

8

products in Rhode Island. The permit shall be issued by the department upon proof that the

9

applicant holds a valid state or federal commercial fishing license.

10

     (1) Resident landing permit: for the landing, sale or offering for sale of marine species

11

(including process product), caught by any means: the fee shall be three hundred dollars ($300).

12

     (2) Non-resident landing permit: for the landing, sale or offering for sale of marine species

13

(including process product), caught by any means, excluding restricted species as defined by rule.

14

The fee shall be six hundred dollars ($600).

15

     (3) Non-resident exempted landing permits.

16

     (i) A new landing permit shall not be issued to any non-resident to off-load, land, offer for

17

sale, or sell any restricted marine species, the definition of which shall be established by the

18

department by rule and shall take into account species for which a quota has been allocated to the

19

state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine

20

Fisheries service, unless:

21

     (A) the landing shall be counted against the quota of the state where the vessel making the

22

landing is registered or documented; or

23

     (B) the state where the vessel making the landing is registered or documented issues new

24

landing permits to Rhode Island residents to land against that state's quota for the same species. For

25

purposes of this section, the renewal of any non-resident landing permit shall be considered a new

26

non-resident landing permit unless the applicant can show, to the satisfaction of the director,

27

historic participation in the fishery and landings of the species; and any change or upgrade of a

28

vessel twenty percent (20%) or greater in length, displacement, or horsepower above the named

29

vessel shall be considered a new landing permit. Issuance of a landing permit shall not be deemed

30

to create a property right that can be sold, transferred, or encumbered; landing permits shall be

31

surrendered to the state upon their non-renewal or forfeiture, and the acquisition of a named vessel

32

by a non-resident who does not already have a landing permit shall not entitle the non-resident to

33

a landing permit unless a new landing permit can be issued as allowed in this section.

34

     (4) Fee: The fee shall be six hundred dollars ($600).

 

Art7
RELATING TO THE ENVIRONMENT
(Page 10 of 24)

1

     (b) Landing permits shall be valid for the calendar year in which they are issued.

2

     (c) The department shall adopt any rules and procedures that may be necessary for the

3

timely issuance of these permits in order to facilitate the off-loading and sale of seafood products,

4

except restricted finfish, harvested outside Rhode Island waters.

5

     (d) Notwithstanding the provisions of this section, a commercial vessel with seafood

6

products on board may, without a landing permit, enter Rhode Island waters and be secured to a

7

shoreside facility for purposes other than landing, selling, or offering for sale the seafood products

8

on board if the person having charge of the vessel obtains permission from the department's division

9

of law enforcement prior to securing the vessel to the shoreside facility.

10

     20-2.1-8. Dealers' licenses and fees.

11

     In accordance with §§ 20-4-1.1, 20-6-24, and 20-7-5.1, the following dealers' licenses shall

12

be issued by the department:

13

     (a) No person, partnership, firm, association, or corporation shall barter or trade in marine

14

species taken by persons licensed under this chapter unless a license so to do has been obtained

15

from the director of environmental management.

16

     (b) Any licensee operating under the provisions of this section shall purchase marine

17

species from licensed persons only and shall purchase or possess only those lobsters legally taken

18

or possessed.

19

     (c) The director shall issue and enforce rules and regulations and orders governing bartering

20

and trading in marine species by licensed persons of marine species and licensed dealers, and other

21

persons, partnerships, firms, associations, or corporations.

22

     (d) License types and fees:

23

     (1) Multi-purpose Rhode Island dealer's license. This license shall allow the holder dealer

24

to deal purchase or sell all marine products in the state of Rhode Island. The license shall be valid

25

for the calendar year in which it is issued. The cost of the license fee shall be three hundred four

26

hundred and fifty dollars ($300 450).

27

     (2) Finfish dealer's license. This license shall allow the holder dealer to deal purchase or

28

sell all finfish products in the state of Rhode Island. The license shall be valid for the calendar year

29

in which it is issued. The cost of the license fee shall be two hundred three hundred dollars ($200

30

300).

31

     (3) Shellfish dealer's license. This license shall allow the holder dealer to deal purchase or

32

sell all shellfish products in the state of Rhode Island. The license shall be valid for the calendar

33

year in which it is issued. The cost of the license fee shall be two hundred three hundred dollars

34

($200 300).

 

Art7
RELATING TO THE ENVIRONMENT
(Page 11 of 24)

1

     (4) Crustacean dealer license. This license shall allow the dealer to purchase all crustacean

2

products in the state of Rhode Island. The license shall be valid for the calendar year in which it is

3

issued. The fee shall be three hundred dollars ($300).

4

     (e) Seafood dealers license – suspension or revocation. The director may suspend, revoke,

5

or deny the license of a seafood dealer or fisher of marine species for the violation of any provision

6

of this title or the rules, regulations, or orders adopted or issued pursuant to this title.

7

     (f) Any person aggrieved by the decisions of the director may appeal the decision pursuant

8

to the provisions of the Administrative Procedures Act, chapter 35 of title 42.

9

     (g) The director is authorized to enter and inspect the business premises, appurtenant

10

structures, vehicles, or vessels of any seafood dealer and to inspect the records maintained by a

11

seafood dealer for the purpose of determining compliance with the provisions of this section and

12

any rules, regulations, or orders issued under this section, and no person shall interfere with,

13

obstruct the entrance, or inspection of the director or the director's agents of those business

14

premises, appurtenant structures, vehicles or vessels.

15

     (h) Any violation of the provisions of this section or any rule, regulation, or order adopted

16

under this section shall be subject to penalties prescribed in § 20-1-16.

17

     SECTION 5. Sections 20-2.1-5 and 20-2.1-6 of the General Laws in Chapter 20-2.1 entitled

18

"Commercial Fishing Licenses" are hereby amended to read as follows:

19

     20-2.1-5. Resident licenses, endorsements and fees.

20

     The director shall establish, as a minimum, the following types of licenses and

21

endorsements set forth in this section. In addition, the director may establish any other classes and

22

types of licenses and endorsements, consistent with the provisions of this chapter and with adopted

23

management plans that may be necessary to accomplish the purposes of this chapter:

24

     (1) Types of licenses.

25

     (i) Standard resident Ccommercial fishing license. Rhode Island residents shall be eligible

26

to obtain a standard resident commercial fishing license; the license shall allow the holder to engage

27

in commercial fishing in fisheries sectors, per dictated by the fishery endorsement(s) associated

28

with the license at basic harvest and gear levels. Fishery endorsements shall be established by the

29

department consistent with fishery management plans developed pursuant to this chapter. The

30

annual fee for a commercial fishing license shall be fifty dollars ($50.00) and twenty-five dollars

31

($25.00) for each endorsement at the basic harvest and gear levels.

32

     (ii) Principal effort license. Duly licensed persons, in a fishery as of December 31 of the

33

immediately preceding year, shall be eligible to obtain a principal effort license for the fishery

34

sector for which they were licensed on December 31 of the immediately preceding year, which

 

Art7
RELATING TO THE ENVIRONMENT
(Page 12 of 24)

1

principal effort license shall allow its holder to fish in a fishery sector at the full harvest and gear

2

levels. Principal effort license holders, in addition to the fishery sector of their principal effort, shall

3

be eligible to obtain endorsements for the other fishery sectors at the full harvest and gear levels, if

4

and when those endorsements are made available; the annual fee for each other fishery sector

5

endorsement shall be seventy-five dollars ($75). Principal effort license holders shall also be

6

eligible to obtain a commercial fishing license with endorsements, except for fisheries in which the

7

license holder can fish at the full harvest and gear levels.

8

     (iii) Multi-purpose license. All multi-purpose license holders as of December 31 of the

9

immediately preceding year shall be eligible to obtain a multi-purpose license that shall allow the

10

holder to engage in commercial fishing in all fisheries sectors at the full harvest and gear levels. At

11

the time of application for a multi-purpose license and each annual renewal of it, the applicant shall

12

make a non-binding declaration of which fishing sectors the applicant intends to place significant

13

fishing effort during the period covered by the license. The annual fee for multi-purpose license

14

shall be three hundred dollars ($300).

15

     (Aiii) Student shellfish license. A resident twenty-three (23) years or younger shall pay

16

fifty dollars ($50.00) for a student commercial license to take shellfish upon provision of proof of

17

full-time student status. An individual qualified to obtain a license must submit an application to

18

the department of environmental management no later than June 30; a license application shall be

19

deemed valid if submitted to the department prior to the close of regular office hours on June 30 or

20

if postmarked by June 30.

21

     (Biv) Over sixty-five (65) shellfish license. A resident sixty-five (65) years of age and over

22

shall be eligible for a shellfish license to shellfish commercially and there shall be no fee for this

23

license.

24

     (v) Multipurpose vessel license. Any multipurpose license holder shall be eligible to obtain

25

a multipurpose vessel license that shall allow the vessel owner to designate any operator to engage

26

in commercial fishing for all marine species aboard their owned vessel, provided the vessel owner

27

has consigned a multipurpose fishing license to the department. The department may then re-issue

28

the consigned multipurpose fishing license to the commercially declared fishing vessel as a

29

multipurpose vessel license. The director has the authority to limit the number of multipurpose

30

vessel licenses issued annually by rule. The fee for a multipurpose vessel license shall be one

31

thousand dollars ($1,000).

32

     (2) Fees.

33

     (i) Standard resident commercial fishing license.

34

     (A) Standard resident commercial fishing license plus one limited fishery endorsement:

 

Art7
RELATING TO THE ENVIRONMENT
(Page 13 of 24)

1

The fee shall be one hundred fifty dollars ($150).

2

     (B) Standard resident commercial fishing license plus two limited fishery endorsement:

3

The fee shall be two hundred dollars ($200).

4

     (C) Standard resident commercial fishing license plus three limited fishery endorsement:

5

The fee shall be two hundred fifty dollars ($250).

6

     (D) Standard resident commercial fishing license plus one unlimited fishery endorsement:

7

The fee shall be three hundred dollars ($300).

8

     (E) Standard resident commercial fishing license plus one unlimited fishery endorsement

9

and one limited fishery endorsement: The fee shall be three hundred fifty dollars ($350).

10

     (F) Standard resident commercial fishing license plus two unlimited fishery endorsement:

11

The fee shall be three hundred seventy-five dollars ($375).

12

     (G) Standard resident commercial fishing license plus one unlimited fishery endorsement

13

and two limited fishery endorsement: The fee shall be four hundred dollars ($400).

14

     (H) Standard resident commercial fishing license plus two unlimited fishery endorsement

15

and one limited fishery endorsement: The fee shall be four hundred twenty-five dollars ($425).

16

     (ii) Multipurpose license: The fee shall be four hundred fifty dollars ($450).

17

     (iv) Special licenses.

18

     (23) Vessel declaration and fees; gear endorsement and fees.

19

     (i) Vessel declaration and fee. (A) The department shall require the owner and/or the

20

operator of a commercial fishing vessel to declare the vessel on the owner/operator's commercial

21

fishing license. The declaration shall be made at the time of initial license issuance and each

22

renewal, or prior to the vessel being used for commercial fishing by the owner and/or operator if

23

the first usage of the vessel for commercial fishing occurs during the course of a year after the

24

license has been issued or renewed. If the declaration is for a vessel of less than twenty-five feet

25

(25') in length, the declaration shall be transferable to another vessel less than twenty-five feet (25')

26

in length, provided the vessel is identified as commercial fishing vessel while it is being used for

27

commercial fishing by displaying a plate as provided in § 20-2.1-4.

28

     (B) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for the

29

first twenty-five feet (25') or under, plus fifty cents ($0.50) per foot for each whole foot over twenty-

30

five feet (25'); this declaration fee shall entitle the holder to a decal. The holder of a valid decal for

31

twenty-five feet (25') in length or under may obtain a plate from the department for display on a

32

vessel twenty-five feet (25') in length that is being used temporarily for commercial fishing; the

33

annual fee for a plate shall be fifteen dollars ($15.00).

34

     (ii4) Gear endorsements and fees.

 

Art7
RELATING TO THE ENVIRONMENT
(Page 14 of 24)

1

     (A) Shellfish dredging endorsement. A resident of this state who holds a multipurpose

2

license and/or an appropriate shellfish license is also eligible to apply for a shellfish dredging

3

endorsement to take quahogs, mussels, and surf clams by dredges hauled by powerboat. The annual

4

fee shall be twenty dollars ($20.00).

5

     (B) Fish trap endorsements. A person who holds a multi-purpose license and/or a principal-

6

effort license for finfish is also eligible to apply for a fish trap endorsement in accordance with the

7

permitting provisions in chapter 5 of this title. The fee shall be twenty dollars ($20.00) per trap

8

location for a three-year (3) period. Applicants who possessed a valid fish trap endorsement as of

9

the immediately preceding year may obtain a fish trap endorsement for the immediately following

10

year, subject to the same terms and conditions in effect as the immediately preceding year. New

11

fish trap endorsement opportunities shall be established by the department by rule, pursuant to

12

applicable management plans and the provisions in chapter 5 of this title.

13

     (Ci) Gill net endorsements. A person who holds a multipurpose license, or a vessel with a

14

multipurpose vessel license, and/or a principal effort license for finfish is also eligible to apply for

15

a commercial gill net endorsement in accordance with the provisions of this section. The annual

16

fee for a commercial gill net endorsement is shall be twenty dollars ($20.00). Applicants who

17

possessed a gill net endorsement as of the immediately preceding year may obtain a gill net

18

endorsement for the immediately following year. New gill net endorsement opportunities shall be

19

established by the department by rule, pursuant to applicable management plans.

20

     (Dii) Miscellaneous gear Other endorsements. The department may establish by rule any

21

specific gear endorsements that may be necessary or appropriate to effectuate the purposes of this

22

chapter and facilitate participation in a specific fishery with a specific type of gear; the fee for such

23

a gear endorsement shall not be greater than two hundred dollars ($200), but may be a lesser

24

amount. This endorsement shall be issued only in a manner consistent with the general requirements

25

of this chapter, including specifically those governing residency.

26

     (35) New licenses.

27

     (i) Eligibility. For new principal-effort standard resident commercial fishing and multi-

28

purpose licenses, priority shall be given to applicants who have held a lower level of commercial

29

fishing license for two (2) years or more, applicants with military service, and applicants who have

30

completed a department authorized commercial fishing training program, with preference to family

31

members and crew members of a license holder who is retiring his or her license.

32

     (ii) Priority or preference applicants. A new license shall be granted to priority/preference

33

applicants who have acquired vessel and/or gear from a license holder who has retired a license,

34

provided, that as the result of any such transaction, for each license retired, not more than one new

 

Art7
RELATING TO THE ENVIRONMENT
(Page 15 of 24)

1

license may be granted, nor may the nominal effort, including the total number of licenses, in a

2

fishery subject to effort controls or catch restrictions be increased.

3

     (iii) Availability of new or additional licenses. New principal-effort standard resident

4

commercial fishing and multipurpose licenses that increase the total number of licenses in the

5

fishery may be made available by rule consistent with management plan for issuance effective

6

January 1, in any year, based on status of resource and economic condition of fishery. Priority for

7

new licenses shall be given to Rhode Island residents.

8

     (46) Retirement of licenses. Issuance of a commercial fishing license shall not be deemed

9

to create a property right such that the license can be sold or transferred by the license holder;

10

fishing licenses shall be surrendered to the state upon their non-renewal, forfeiture, or revocation.

11

     (57) Transfer for Issuance of temporary operator permits in cases of medical

12

hardship. Notwithstanding the provisions of § 20-2.1-4(c), a license may be transferred to a family

13

member upon the incapacity or death of the license holder who has actively participated in

14

commercial fishing. The transfer shall be effective upon its registration with the department. A

15

family member shall be defined as the spouse, mother, father, brother, sister, child, or grandchild

16

of the transferor. The department shall make available, as necessary, temporary operator permits to

17

provide solely for the continued operation of a fishing vessel upon the illness, incapacity, or death

18

determination of medical hardship of a license holder who has actively participated in commercial

19

fishing fished. , which Temporary operator permits shall be subject at a minimum to the conditions

20

and restrictions that applied to the license holder.

21

     (8) Issuance of new Licenses to family members in cases of medical incapacity: Upon

22

determination of medical incapacity, an actively fished license may be surrendered to the

23

Department for the purpose of the concurrent issuance of a new license to a resident family member.

24

     (9) Issuance of new licenses upon the sale of a commercial fishing business: Upon the sale

25

of a commercial fishing business, as defined by rule, a new license may be issued to the buyer upon

26

the surrender of the seller’s license to the department for the purpose of the concurrent issuance of

27

a new license.

28

     (610) Transfer of vessels and gear. Vessels and gear may be sold, transferred, or disposed

29

at the sole discretion of the owner; provided, however, that the subsequent level of use of the gear

30

may be restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted

31

management plan or other duly adopted program to reduce effort. 

32

     20-2.1-6. Non-resident licenses, endorsements and fees.

33

     Subject to the rules of the department, non-residents may apply for the following

34

commercial fishing licenses:

 

Art7
RELATING TO THE ENVIRONMENT
(Page 16 of 24)

1

     (1) Standard Nnon-resident principal effort commercial fishing license. 

2

     (i) Non-residents age eighteen (18) and over shall be eligible to obtain a standard non-

3

resident commercial fishing license and, in accordance with applicable qualifying criteria, available

4

fishery sector endorsements, provided that the state of residence of the person affords the same

5

privilege in a manner that is not more restrictive to Rhode Island residents. A standard non-resident

6

principal effort commercial fishing license shall allow the license holder to harvest, land, and sell

7

in a lawful manner any marine species of finfish, per as dictated by the fishery endorsement(s), at

8

principal harvest and gear levels and as allowed in a management plan adopted by the department

9

associated with the license. Fishery endorsements shall be established by the department consistent

10

with fishery management plans developed pursuant to this chapter.

11

     (ii) Duly Rhode Island-licensed non-residents in a commercial fishery as of December 31

12

of the immediately preceding year shall be eligible to obtain a standard non-resident principal effort

13

commercial fishing license with a single sector endorsement applicable to the fishery sectors for

14

which they were licensed as of December 31 of the immediately preceding year; provided:

15

     (A) that the state of residence of the person affords the same privilege in a manner that is

16

not more restrictive to Rhode Island residents;

17

     (B) that those persons apply for the standard non-resident principal effort commercial

18

fishing license in accordance with § 20-2.1-4(g); and

19

     (C) that those persons shall also be subject to any other restrictions that were applicable to

20

the license as of December 31 of the immediately preceding year, which other restrictions may be

21

altered or changed consistent with a fishery management plans adopted by the department

22

developed pursuant to this chapter.

23

     (iii) Persons not duly licensed as of December 31 of the immediately preceding year shall

24

be eligible to obtain a standard non-resident principal effort commercial fishing license, per

25

endorsement, when available, consistent with fishery management plans developed pursuant to this

26

chapter, in accordance with applicable qualifying criteria and as allowed in a management plan

27

adopted by the department, provided that the state of residence of the person affords the same

28

privilege in a manner that is not more restrictive to Rhode Island residents.

29

     (iv) The annual fee for a standard non-resident principal effort license shall be four hundred

30

dollars ($400), plus one hundred dollars ($100) per endorsement.

31

     (2) Non-resident commercial fishing license. (i) A non-resident commercial fishing license

32

shall allow the holder to harvest, land, and sell in a lawful manner any species of finfish, per

33

endorsement(s), at basic harvest and gear levels and as allowed in a management plan adopted by

34

the department.

 

Art7
RELATING TO THE ENVIRONMENT
(Page 17 of 24)

1

     (ii) Non-residents age eighteen (18) and over shall be eligible to obtain a non-resident

2

commercial fishing license and, in accordance with applicable qualifying criteria, available fishery

3

sector endorsements, provided that the state of residence of the person affords the same privilege

4

in a manner that is not more restrictive to Rhode Island residents.

5

     (iii) Holders of non-resident principal effort licenses shall not be eligible to obtain non-

6

resident commercial fishing licenses with the same fishery sector endorsements.

7

     (iv) Duly Rhode Island licensed non-residents in a commercial fishery as of December 31

8

of the immediately preceding year shall be eligible to obtain a non-resident commercial fishing

9

license in their endorsed fishery sector as of December 31 of the immediately preceding year

10

provided:

11

     (A) That the state of residence of the person affords the same privilege in a manner that is

12

not more restrictive to Rhode Island residents;

13

     (B) That those persons apply for the non-resident commercial fishing license in accordance

14

with § 20-2.1-4(g); and

15

     (C) That those persons shall also be subject to any other restrictions that were applicable

16

to the license as of December 31 of the immediately preceding year which other restrictions may

17

be altered or changed consistent with a management plan adopted by the department.

18

     (v) The annual fee for a non-resident commercial fishing license shall be one hundred fifty

19

dollars ($150), plus fifty dollars ($50.00) per endorsement.

20

     (2) Fees.

21

     (i) Standard non-resident commercial fishing license.

22

     (A) Standard non-resident commercial fishing license plus one limited fishery

23

endorsement: The fee shall be three hundred fifty dollars ($350).

24

     (B) Standard non-resident commercial fishing license plus one unlimited fishery

25

endorsement: The fee shall be seven hundred dollars ($700).

26

     (C) Standard non-resident commercial fishing license plus two limited fishery

27

endorsements: The fee shall be seven hundred dollars ($700).

28

     (D) Standard non-resident commercial fishing license plus three limited fishery

29

endorsements: The fee shall be one thousand fifty dollars ($1,050).

30

     (E) Standard non-resident commercial fishing license plus one unlimited fishery

31

endorsement and one limited fishery endorsement: The fee shall be one thousand fifty dollars

32

($1,050).

33

     (F) Standard non-resident commercial fishing license plus one unlimited fishery

34

endorsement and two limited fishery endorsements: The fee shall be one thousand four hundred

 

Art7
RELATING TO THE ENVIRONMENT
(Page 18 of 24)

1

dollars ($1,400).

2

     (G) Standard non-resident commercial fishing license plus two unlimited fishery

3

endorsements: The fee shall be one thousand four hundred dollars ($1,400).

4

     (H) Standard non-resident commercial fishing license plus two unlimited and one limited

5

fishery endorsement: The fee shall be one thousand seven hundred fifty dollars ($1,750).

6

     (3) Vessel declaration and fees. The department shall require a non-resident owner and/or

7

operator of a commercial fishing vessel to make a declaration for that vessel; which shall be made

8

at the time of initial license issuance and each renewal, or prior to the vessel's being used for

9

commercial fishing in Rhode Island waters by the non-resident owner and/or operator if the first

10

usage of the vessel for commercial fishing occurs during the course of a year after the license has

11

been issued or renewed, for a cost of fifty dollars ($50.00), plus one dollar and fifty cents ($1.50)

12

for each whole foot over twenty-five feet (25') in length overall.

13

      (4) New licenses. Any resident of a state that accords to Rhode Island residents commercial

14

fishing privileges that include an ability to obtain a new license to fish for finfish species that are

15

subject to restrictions and/or quotas, may on species specific reciprocal basis be eligible to obtain

16

commercial fishing licenses and principal effort standard non-resident commercial fishing licenses

17

by endorsement as provided in this section, subject to availability and with the priority established

18

in § 20-2.1-5(3)(iii).

19

     SECTION 6. Sections 20-4-1.1, 20-4-1.2 and 20-4-1.3 of the General Laws in Chapter 20-

20

4 entitled "Commercial Fisheries" are hereby repealed.

21

     20-4-1.1. Finfish dealers license – License for finfish buyers – Suspension or

22

revocation. 

23

     (a) No person, partnership, firm, association, or corporation shall barter or trade in finfish

24

taken by persons licensed under this chapter unless a license so to do has been obtained from the

25

director of environmental management.

26

     (b) Any licensee operating under the provisions of this section shall purchase finfish from

27

licensed persons only and shall purchase or possess only those finfish legally taken or possessed.

28

     (c) The director shall issue and enforce rules and regulations and orders governing bartering

29

and trading in finfish by licensed fishers of finfish and licensed finfish buyers and other persons,

30

partnerships, firms, associations, or corporations.

31

     (d) The director may suspend, revoke, or deny the license of a finfish buyer or fisher of

32

finfish for the violation of any provision of this title or the rules, regulations, or orders adopted or

33

issued pursuant to this title.

34

     (e) Any person aggrieved by the decisions of the director may appeal the decision pursuant

 

Art7
RELATING TO THE ENVIRONMENT
(Page 19 of 24)

1

to the provisions of the Administrative Procedures Act, chapter 35 of title 42.

2

     (f) The director of the department of environmental management and the director's agents

3

are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or

4

vessels of any finfish buyer and to inspect the records maintained by a finfish buyer for the purpose

5

of determining compliance with the provisions of this section and any rules, regulations, or orders

6

issued under this section, and no person shall interfere with, obstruct the entrance, or inspection of

7

the director or the director's agents of those business premises, appurtenant structures, vehicles or

8

vessels.

9

     (g) Any violation of the provisions of this section or any rule, regulation, or order adopted

10

under this section shall be subject to penalties prescribed in § 20-1-16.

11

     20-4-1.2. Resident or non-resident commercial landing permit. 

12

     (a) Each resident or non-resident who has charge of a vessel carrying seafood products

13

legally harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale

14

seafood products in Rhode Island. The permit shall be issued by the department upon proof that the

15

applicant holds a valid state or federal commercial fishing license and upon payment of the

16

following fees:

17

     (1) Resident or non-resident finfish landing permit: for the landing sale or offering for sale

18

of non-restricted finfish, the definition of which shall be established by the department by rule,

19

caught by any means, two hundred dollars ($200) for residents of the state; four hundred dollars

20

($400) for non-residents of the state.

21

     (2) Resident or non-resident shellfish landing permit: (includes process product), two

22

hundred dollars ($200) for residents of the state; four hundred dollars ($400) for non-residents of

23

the state. This permit allows the holder to land shellfish (surf clams, blue mussels, ocean quahaugs,

24

sea scallops) legally harvested in federal water.

25

     (3) Resident or non-resident miscellaneous landing permit: includes all other seafood

26

products not specified under any other provision of this chapter, two hundred dollars ($200) for

27

residents of the state; four hundred dollars ($400) for non-residents of the state.

28

     (4) Multi-purpose resident or non-resident landing permit: This permit allows a resident or

29

non-resident to land and sell all marine products in the state of Rhode Island, except restricted

30

finfish, the definition of which shall be established by the department by rule, three hundred dollars

31

($300) for residents of the state; six hundred dollars ($600) for non-residents of the state.

32

     (b) Landing permits shall be valid for the calendar year in which they are issued.

33

     (c) The department shall adopt any rules and procedures that may be necessary for the

34

timely issuance of these permits in order to facilitate the off-loading and sale of seafood products,

 

Art7
RELATING TO THE ENVIRONMENT
(Page 20 of 24)

1

except restricted finfish, harvested outside Rhode Island waters.

2

     (d) Notwithstanding the provisions of this section, a commercial vessel with seafood

3

products on board may, without a landing permit, enter Rhode Island waters and be secured to a

4

shoreside facility for purposes other than landing, selling, or offering for sale the seafood products

5

on board if the person having charge of the vessel obtains permission from the department's division

6

of law enforcement prior to securing the vessel to the shoreside facility

7

     20-4-1.3. Non-resident landing permits.

8

     A new landing permit shall not be issued to any non-resident to off-load, land, offer for

9

sale, or sell any restricted marine species, the definition of which shall be established by the

10

department by rule and shall take into account species for which a quota has been allocated to the

11

state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine

12

Fisheries service, unless: (1) the landing shall be counted against the quota of the state where the

13

vessel making the landing is registered or documented; or (2) the state where the vessel making the

14

landing is registered or documented issues new landing permits to Rhode Island residents to land

15

against that state's quota for the same species. For purposes of this section, the renewal of any non-

16

resident landing permit shall be considered a new non-resident landing permit unless the applicant

17

can show, to the satisfaction of the director, historic participation in the fishery and landings of the

18

species; and any change or upgrade of a vessel twenty percent (20%) or greater in length,

19

displacement, or horsepower above the named vessel shall be considered a new landing permit.

20

Issuance of a landing permit shall not be deemed to create a property right that can be sold,

21

transferred, or encumbered; landing permits shall be surrendered to the state upon their non-renewal

22

or forfeiture, and the acquisition of a named vessel by a non-resident who does not already have a

23

landing permit shall not entitle the non-resident to a landing permit unless a new landing permit

24

can be issued as allowed in this section

25

     SECTION 7. Section 20-6-24 of the General Laws in Chapter 20-6 entitled "Shellfish" is

26

hereby repealed.

27

     20-6-24. License for shellfish buyers – Suspension or revocation.

28

     (a) No person, partnership, firm, association, or corporation shall barter or trade in shellfish

29

taken by persons licensed under this chapter unless a license so to do has been obtained from the

30

director of environmental management.

31

     (b) Any licensee operating under the provisions of this section shall purchase shellfish from

32

licensed persons only and shall purchase or possess only those shellfish legally taken or possessed.

33

     (c) The director shall issue and enforce rules and regulations and orders governing bartering

34

and trading in shellfish by licensed fishers of shellfish, licensed shellfish buyers and other persons,

 

Art7
RELATING TO THE ENVIRONMENT
(Page 21 of 24)

1

partnerships, firms, associations, or corporations.

2

     (d) The director may suspend, revoke, or deny the license of a shellfish buyer or fisher of

3

shellfish for the violation of any provision of this title or the rules, regulations, or orders adopted

4

or issued pursuant to this title.

5

     (e) Any person aggrieved by the decision of the director may appeal the decision pursuant

6

to the provisions of the Administrative Procedures Act, chapter 35 of title 42.

7

     (f) The director of the department of environmental management and the director's agents

8

are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or

9

vessels of any shellfish buyer and to inspect records maintained by a shellfish buyer for the purpose

10

of determining compliance with the provisions of this section and any rules, regulations, or orders

11

issued under this section, and no person shall interfere with or obstruct the entrance or inspection

12

of the director or the director's agents of those business premises, appurtenant structures, vehicles,

13

or vessels.

14

     (g) Any violation of the provisions of this section or any rule, regulation, or order adopted

15

under this section shall be subject to the penalties prescribed in § 20-1-16.

16

     SECTION 8. Section 20-7-5.1 of the General Laws in Chapter 20-7 entitled "Lobsters and

17

Other Crustaceans" is hereby repealed.

18

     20-7-5.1 Lobster dealer's license.

19

     (a) No person, partnership, firm, association, or corporation shall barter or trade in lobsters

20

taken by persons licensed under this chapter unless a license so to do has been obtained from the

21

director of environmental management.

22

     (b) Any licensee operating under the provisions of this section shall purchase lobsters from

23

licensed persons only and shall purchase or possess only those lobsters legally taken or possessed.

24

     (c) The director shall issue and enforce rules and regulations and orders governing bartering

25

and trading in lobsters by licensed fishers of lobster and licensed lobster buyers and other persons,

26

partnerships, firms, associations, or corporations.

27

     (d) The director may suspend, revoke, or deny the license of a lobster buyer or fisher of

28

lobster for the violation of any provision of this title or the rules, regulations, or orders adopted or

29

issued pursuant to this title.

30

     (e) Any person aggrieved by the decision of the director may appeal the decision pursuant

31

to the provision of the Administrative Procedures Act, chapter 35 of title 42.

32

     (f) The director of the department of environmental management and the director's agents

33

are authorized to enter and inspect the business premises, appurtenant structures, vehicles or vessels

34

of any lobster buyer and to inspect records maintained by a lobster buyer for the purposes of

 

Art7
RELATING TO THE ENVIRONMENT
(Page 22 of 24)

1

determining compliance with the provisions of this section and any rules, regulations, or orders

2

issued under this section, and no person shall interfere with or obstruct the entrance or inspection

3

of the director or the director's her agents of those business premises, appurtenant structures,

4

vehicles or vessels.

5

     (g) Any violation of the provisions of this section or any rule, regulation or order adopted

6

hereunder shall be subject to the penalties prescribed in § 20-1-16.

7

     SECTION 9. Section 21-14-12 of the General Laws in Chapter 21-14 entitled "Shellfish

8

Packing Houses" is hereby amended to read as follows:

9

     21-14-12. Inspection of business premises – Dockside Program Established.

10

     (a) The director shall make regular inspections of the business premises of licensees and

11

no person shall interfere with or obstruct the entrance of the director to any packing house or

12

structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary

13

conditions during reasonable business hours, and no person shall obstruct the conduct of this

14

inspection; provided, that inspections as to sanitary conditions shall be made only by the director

15

or employees of the department of health. These employees of the department of health shall not

16

be construed to include agents whom the director may appoint in other departments for the purpose

17

of enforcing other provisions of this chapter; and provided, that nothing in this section shall be

18

construed as having granted to the director or any duly authorized official of the department the

19

right of search and seizure without a warrant.

20

     (b) The director shall be authorized to establish a dockside program, including the

21

promulgation of any rules and regulations deemed necessary or advisable in connection therewith,

22

pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model

23

Ordinance. Promulgating such rules and regulations pursuant to the NSSP Model Ordinance shall

24

assure that the marine shellfish processers, licensed by the department to land and process surf

25

clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary

26

fashion that comports with national standards. Such rules and regulations shall also be consistent

27

with the landing permit requirements of the department of environmental management in section

28

20-2.1-7. The dockside program shall not apply to aquaculture processers.

29

     (c) The licensing fees from the dockside program shall be deposited into the general fund.

30

However, the amount of the revenues collected for the dockside program shall be appropriated to

31

the department of health for its administration of this program. The director shall have the authority

32

to establish the licensing fees and limit the number of licenses issued, at his or her sole discretion.

33

     SECTION 10. Section 23-25-6.1 of the General Laws in Chapter 23-25 entitled "Pesticide

34

Control” is hereby amended to read as follows:

 

Art7
RELATING TO THE ENVIRONMENT
(Page 23 of 24)

1

     23-25-6.1. Registration fee - Surcharge.

2

     In addition to the annual registration fee of fifty dollars ($50.00) as required by § 23-25-6,

3

an additional one hundred fifty dollar ($150) two hundred fifty dollars ($250) registration surcharge

4

fee shall be imposed upon each pesticide to be sold or used within the state, unless the director has

5

determined the subject product is a "statewide minor use" product pursuant to § 23-25-6(b)(3). The

6

registration surcharge fee shall be deposited as general revenues.

7

     SECTION 11. Sections 1, 2, and 10 of this article shall take effect on July 1, 2021. Section

8

5 of this article shall take effect on July 1, 2022. The remainder of this article shall take effect upon

9

passage.

 

Art7
RELATING TO THE ENVIRONMENT
(Page 24 of 24)

=======

art.008/1

=======

1

     ARTICLE 8

2

RELATING TO PUBLIC UTILITIES AND CARRIERS

3

     SECTION 1. Chapter 39-2 of the General Laws entitled "Duties of Utilities and Carriers"

4

is hereby amended by adding thereto the following sections:

5

     39-2-26. Emergency response plans.

6

     Submission, approval, penalties for failure to file, and denial of recovery of service

7

restoration costs for failure to implement emergency response plan.

8

     (a) Each electric distribution company and natural gas distribution company conducting

9

business in the state shall, on or before May 15, 2022 and annually thereafter, submit to the division

10

an emergency response plan for review and approval. The emergency response plan shall be

11

designed for the reasonably prompt restoration of service in the case of an emergency event, which

12

is an event where widespread outages have occurred in the service area of the company due to

13

storms or other causes beyond the control of the company.

14

     (b) After review of an electric distribution or natural gas distribution company's emergency

15

response plan, the division may request that the company amend the plan. The division may open

16

an investigation of the company's plan. If, after hearings, the division finds a material deficiency in

17

the plan, the division may order the company to make such modifications that it deems reasonably

18

necessary to remedy the deficiency.

19

     (c) Any investor-owned electric distribution or natural gas distribution company that fails

20

to file its emergency response plan may be fined five hundred dollars ($500) for each day during

21

which such failure continues. Any fines levied by the division shall be returned to ratepayers

22

through distribution rates in a manner determined by the commission.

23

     (d) Each investor-owned electric distribution or natural gas distribution company, when

24

implementing an emergency response plan, shall designate an employee or employees to remain

25

stationed at the Rhode Island emergency management agency's emergency operations center for

26

the duration of the emergency when the emergency operations center is activated in response to an

27

emergency with an electric or gas service restoration component. In the event of a virtual activation

28

of the emergency activation center, each investor-owned electric and natural gas distribution

29

company shall designate an employee or employees to participate in the virtual activation. The

30

employee or employees shall coordinate communications efforts with designated local and state

 

1

emergency management officials, as required by this section.

2

     (e) Each investor-owned electric distribution or natural gas distribution company, when

3

implementing an emergency response plan, shall designate an employee or employees to serve as

4

community liaisons for each municipality within their service territory. An investor-owned electric

5

distribution or natural gas distribution company shall provide each community liaison with the

6

necessary feeder map or maps outlining municipal substations and distribution networks and up-

7

to-date customer outage reports at the time of designation as a community liaison. An investor-

8

owned electric distribution or natural gas distribution company shall, at a minimum, provide each

9

community liaison with three (3) customer outage report updates for each twenty-four (24) hour

10

period, to the liaison's respective city or town. The community liaison shall utilize the maps and

11

outage reports to respond to inquiries from state and local officials and relevant regulatory agencies.

12

     (f) On or before October 1 of each year, every city or town shall notify each investor-owned

13

electric distribution or natural gas distribution company and the Rhode Island emergency

14

management agency of the name of the emergency management official or designee responsible

15

for coordinating the emergency response during storm restoration. If a municipality does not have

16

a designated emergency management official, the chief municipal officer shall designate one public

17

safety official responsible for said emergency response.

18

     (g) Notwithstanding any existing power or authority, the division may open an

19

investigation to review the performance of any investor-owned electric distribution or natural gas

20

distribution company in restoring service during an emergency event. If, after evidentiary hearings

21

or other investigatory proceedings, the division finds that, as a result of the failure of the company

22

to follow its approved emergency response plan, the length of the outages were materially longer

23

than they would have been but for the company's failure, the division shall recommend that the

24

commission enter an order denying the recovery of all, or any part of, the service restoration costs

25

through distribution rates, commensurate with the degree and impact of the service outage.

26

     (h) Notwithstanding any general or special law or rule or regulation to the contrary, upon

27

request by the commission, division and any emergency management agency each electric

28

distribution or natural gas distribution company conducting business in the state shall provide

29

periodic reports regarding emergency conditions and restoration performance during an emergency

30

event consistent with orders of the commission and/or division.

31

     39-2-27. Standards of acceptable performance for emergency preparation and

32

restoration of service.

33

     The division shall open a docket and establish standards of acceptable performance for

34

emergency preparation and restoration of service for each investor-owned electric and gas

 

Art8
RELATING TO PUBLIC UTILITIES AND CARRIERS
(Page 2 of 3)

1

distribution company doing business in the state. The division shall levy a penalty not to exceed

2

one hundred thousand dollars ($100,000) for each violation for each day that the violation of the

3

division's standards persists; provided, however, that the maximum penalty shall not exceed seven

4

million five hundred thousand dollars ($7,500,000) for any related series of violations. The division

5

shall open a full investigation, upon its own initiative. Nothing herein shall prohibit any affected

6

city or town from filing a complaint with the division regarding a violation of the division's

7

standards of acceptable performance by an investor-owned electric distribution or natural gas

8

distribution company; provided, however, that said petition shall be filed with the division no later

9

than ninety (90) days after the violation has been remedied. After an initial review of the complaint,

10

the division shall make a determination as to whether to open a full investigation.

11

     39-2-28. Levied penalties to be credited back to customers.

12

     Any penalty levied by the division against an investor-owned electric distribution or natural

13

gas distribution company for any violation of the division's standards of acceptable performance

14

for emergency preparation and restoration of service for electric and gas distribution companies

15

shall be credited back to the company's customers in a manner determined by the commission.

16

     SECTION 2. This article shall take effect upon passage.

 

Art8
RELATING TO PUBLIC UTILITIES AND CARRIERS
(Page 3 of 3)

=======

art.009/4/009/3/009/2/009/1

=======

1

     ARTICLE 9

2

RELATING TO ECONOMIC DEVELOPMENT

3

     SECTION 1. Sections 5-8-2, 5-8-10, 5-8-11, 5-8-12 and 5-8-15 of Chapter 5-8 of the

4

General Laws entitled "Engineers" are hereby amended as follows:

5

     5-8-2. Definitions.

6

     As used or within the intent of this chapter:

7

     (a) "Accredited program" means specific engineering curricula within established

8

institutions of higher learning that have both met the criteria of, and have been designated by, the

9

Engineering Accreditation Commission of the following commissions of the Accreditation Board

10

for Engineering and Technology, Inc. (ABET EAC) ("ABET"): the Engineering Accreditation

11

Commission ("ABET-EAC") and the Engineering Technology Accreditation Commission

12

("ABET-ETAC").

13

     (b) "Board" means the state board of registration for professional engineers subsequently

14

provided by this chapter.

15

     (c) "Department" means the department of business regulation.

16

     (d) "Director" means the director of the department of business regulation or his or her

17

designee.

18

     (e) "Engineer" means a person who, by reason of his or her special knowledge and use of

19

the mathematical, physical, and engineering sciences and the principles and methods of engineering

20

analysis and design, acquired by engineering education and engineering experience, is qualified to

21

practice engineering, as subsequently defined, and as attested by his or her registration as an

22

engineer.

23

     (f) "Engineer-in-training" means a person who complies with the requirements for

24

education, experience, and character, and has passed an examination in the fundamental

25

engineering subjects, as provided in §§ 5-8-11 and 5-8-13.

26

     (g) "National Council of Examiners for Engineering and Surveying (NCEES)" is a

27

nationally recognized organization that assists state boards and territorial boards to better discharge

28

their duties and responsibilities in regulating the practice of engineering and land surveying.

29

     (h)(1) "Practice of engineering" means any service or creative work, the adequate

30

performance of which requires engineering education, training, and experience in the application

 

1

of special knowledge of the mathematical, physical, and engineering sciences to services or creative

2

work, such as consultation, investigation, evaluation surveys, planning and design of engineering

3

systems, and the supervision of construction for the purpose of assuring compliance with

4

specifications; and embracing those services or work in connection with any public or private

5

utilities, structures, buildings, machines, equipment, processes, work, or projects in which the

6

public welfare or the safeguarding of life, health, or property is concerned.

7

     (2) Any person shall be construed to practice or offer to practice engineering, within the

8

meaning and intent of this chapter, who:

9

     (i) Practices any branch of the profession of engineering;

10

     (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents

11

himself or herself to be an engineer, or through the use of some other title implies that he or she is

12

an engineer or that he or she is registered under this chapter; or

13

     (iii) Holds himself or herself out as able to perform, or who does perform any engineering

14

service or work or any other service designated by the practitioner or recognized as engineering.

15

     (i) "Professional engineer" means a person who has been registered and licensed by the

16

state board of registration for professional engineers.

17

     (j) "Responsible charge" means direct control and personal supervision of engineering

18

work.

19

     (k) "Rules and regulations" means that document of the same title, as amended from time

20

to time, subject to the director's approval, that has been adopted by the board and filed with the

21

secretary of state in accordance with §§ 42-35-3(a), 42-35-4(b), and 5-8-8.

22

     5-8-10. Roster of registered engineers.

23

     A complete roster showing the names and last known addresses of all registered engineers

24

is available on the Department's website or through an Access to Public Records Request. will be

25

published by the board once each year. Copies of this roster may be mailed to each person so

26

registered, placed on file with the secretary of state, county, and city officials and may be distributed

27

to the public

28

     5-8-11. General requirements for registration or certification.

29

     (a) Engineer or engineer-in-training. To be eligible for registration as a professional

30

engineer or certification as an engineer-in-training, an applicant must be of good character and

31

reputation and shall submit five (5) references with his or her application for registration, three (3)

32

of which references shall be registered engineers having personal knowledge of his or her

33

engineering experience, or in the case of an application for certification as an engineer-in- training,

34

by three (3) character references.

 

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1

     (b)(a) Professional Engineer. The following shall be considered minimum evidence

2

satisfactory to the board that the applicant is qualified for registration as a professional engineer or

3

for certification as an engineer-in-training, respectively:

4

     (1) Eligibility. To be eligible for registration as a professional engineer, an applicant shall

5

meet the following requirements:

6

     (i) Be of good character and reputation;

7

     (ii) Submit five (5) references with his or her application for registration, three (3) of which

8

references shall be from registered professional engineers having personal knowledge of the

9

applicant's engineering experience;

10

     (iii) Satisfy the education criteria set forth in this section;

11

     (iv) Satisfy the experience criteria set forth in this section; and

12

     (v) Pass the applicable examinations as required in this section.

13

     (1) As a professional engineer: (i) (2) Registration by endorsement comity.

14

     (A)(i) A person holding a current certificate of registration to engage in the practice of

15

engineering, on the basis of comparable written NCEES examinations, issued to him or her by

16

either a proper authority of a state, territory, or possession of the United States, the District of

17

Columbia, or of any foreign country, and whose qualifications meets the requirements of this

18

chapter, based on verified evidence may, upon application, be registered without further

19

examination.

20

     (B)(ii) A person holding a certificate of qualification issued by the National Council of

21

Examiners for Engineering and Surveying NCEES Record, whose qualifications as evidenced by

22

the NCEES Record meet the requirements of this chapter, may, upon application, be registered

23

without further examination, provided he or she is qualified.

24

     (ii)(3) Graduation from an accredited program, experience and examination.

25

     (i) A graduate of or senior enrolled in an ABET-EAC accredited engineering curriculum

26

of four (4) years or more approved by the board as being of satisfactory standing, shall be admitted

27

to an who has passed a NCEES examination in the fundamentals of engineering. Upon passing this

28

examination and obtaining and obtained a specific record of a minimum of four (4) years of

29

experience in engineering work of a grade and character which indicates to the board that the

30

applicant may be competent to practice engineering, the applicant may be admitted, upon

31

application, to an a NCEES examination in the principles and practice of engineering. The graduate

32

having a specific record of twelve (12) years or more of experience in engineering work of a grade

33

and character which indicates to the board that the applicant may be competent to practice

34

engineering, shall be admitted to an examination in the principles and practice of engineering. Upon

 

Art9
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(Page 3 of 16)

1

passing that examination, the applicant shall be granted a certificate of registration to practice

2

engineering in this state, provided he or she is qualified.

3

     (ii) A graduate of an ABET-ETAC accredited engineering technology curriculum of four

4

(4) years or more approved by the board as being of satisfactory standing, who has passed a NCEES

5

examination in the fundamentals of engineering and obtained a specific record of a minimum of

6

eight (8) years of experience in engineering work of a grade and character which indicates to the

7

board that the applicant may be competent to practice engineering, may be admitted, upon

8

application, to a NCEES examination in the principles and practice of engineering.

9

     (4) Waiver of Requirement for NCEES Examination in Fundamentals of Engineering.

10

     (i) A graduate of an ABET-EAC accredited engineering curriculum having a specific

11

record of twelve (12) years or more of experience in engineering work of a grade and character

12

which indicates to the board that the applicant may be competent to practice engineering, shall be

13

admitted to a NCEES examination in the principles and practice of engineering. Upon passing that

14

examination, the applicant shall be granted a certificate of registration to practice engineering in

15

this state, provided he or she is qualified.

16

     (ii) A graduate of an engineering technology curriculum, whether accredited by ABET-

17

ETAC or unaccredited, applying for initial or comity registration as a professional engineer in

18

Rhode Island shall not be eligible for waiver of this requirement.

19

     (iii) (5) Graduation from a non-accredited program, experience, and examination.

20

     (i) A graduate of or senior enrolled in an engineering curriculum of four (4) years or more

21

other than those approved by the board as being of satisfactory standing shall be admitted to an that

22

is not accredited by ABET-EAC, who has passed a NCEES examination in the fundamentals of

23

engineering. Upon passing this examination and obtaining and obtained a specific record of a

24

minimum of four (4) six (6) years of experience in engineering work of a grade and character which

25

indicates to the board that the applicant may be competent to practice engineering, the applicant

26

may be admitted, upon application, to an a NCEES examination in the principles and practice of

27

engineering. Upon passing these examinations, the applicant shall be granted a certificate of

28

registration to practice engineering in this state, provided he or she is qualified.

29

     (ii) A graduate of an engineering technology curriculum of four (4) years or more that is

30

not accredited by ABET-ETAC is not eligible for registration as a professional engineer in this

31

state unless they obtain an advanced engineering degree from an ABET-EAC accredited program.

32

     (iv)(6) Teaching. Engineering teaching in a college or university offering an ABET- EAC

33

accredited engineering curriculum of four (4) years or more may be considered as engineering

34

experience.

 

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1

     (v)(7) Engineers previously registered. Each engineer holding a certificate of registration

2

and each engineer-in-training under the laws of this state as previously in effect shall be deemed

3

registered as an engineer or engineer-in- training as appropriate under this chapter in accordance

4

with the laws in effect at the time of their initial registration.

5

     (2)(b) As an engineer Engineer-in-training: the The following is shall be considered as

6

minimum evidence satisfactory to the board that the applicant is qualified for certification as an

7

engineer-in-training:

8

     (1) Eligibility. To be eligible for registration as an engineer-in-training, an applicant shall

9

meet the following requirements:

10

     (i) Be of good character and reputation;

11

     (ii) Submit three (3) character references, one (1) of which must be from a registered

12

professional engineer;

13

     (iii) Satisfy the education requirements set forth in this section; and

14

     (iv) Satisfy the examination requirements set forth in this section.

15

     (i)(2) Graduation and examination. A graduate of an ABET-EAC or an ABET-ETAC

16

accredited engineering curriculum program of four (4) years or more who has passed the board's a

17

NCEES examination in the fundamentals of engineering shall be certified or enrolled as an

18

engineer-in-training, if he or she is qualified.

19

     (ii)(3) Graduation from a non-accredited program and examination. A graduate of a non-

20

accredited engineering curriculum of four (4) years or more who has passed the board's a NCEES

21

examination in the fundamentals of engineering and has obtained two (2) years of engineering

22

experience of a grade and character approved by the board shall be certified and enrolled as an

23

engineer in training, if he or she is qualified. Graduates of a non-accredited engineering technology

24

curriculum are not eligible for certification as an engineer in training.

25

     (iii)(4) Duration of engineer in training certification. The certification or enrollment of an

26

engineer in training shall be valid for a minimum period of twelve (12) years not expire and does

27

not need to be renewed.

28

     5-8-12. Form of application for registration or certification – Registration,

29

certification, and enrollment fees.

30

     (a) Application for registration as a professional engineer or land surveyor or certification

31

as an engineer-in-training shall:

32

     (1) Be on a form prescribed and furnished by the board;

33

     (2) Establish compliance with the licensing requirements pursuant to § 5-8-11; and

34

     (3) Contain references as prescribed in § 5-8-11, none of whom may be members of the

 

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RELATING TO ECONOMIC DEVELOPMENT
(Page 5 of 16)

1

board.

2

     (b) The application and reexamination fees for professional engineers shall be set by the

3

board in an amount to cover the charges and expenses of examination and scoring reviewing

4

applications and shall accompany the application.

5

     (c) The fee for engineer-in-training certification or enrollment shall be set by the board in

6

an amount to cover the charges and expenses of examination and scoring reviewing applications

7

and shall accompany the application.

8

     (d) Should the board deny the issuance of a certificate to any applicant, the fee paid shall

9

be retained as an application fee All application fees are non-refundable, even if an application is

10

denied.

11

     5-8-15. Expiration and renewal of certificates of registration Expiration and renewal

12

of certificates of registration for professional engineers.

13

     (a) Certificates of registration shall expire on the last day of the month of June following

14

their issuance and become invalid after that date unless renewed. It is the duty of the board to notify

15

every person registered under this chapter of the date of the expiration of his or her certificate and

16

the amount of the fee required for its renewal. The notice shall be delivered, electronically or

17

otherwise, to the registrant, at his or her last-known e-mail address, at least one month in advance

18

of the date of the expiration of the certificate.

19

     (b) Renewal may be effected at any time Certificates of registration must be renewed prior

20

to, or during the month of, June by the payment of a fee set by the board in an amount not less than

21

one hundred fifty dollars ($150), but not to exceed one hundred eighty dollars ($180). Renewal of

22

an expired certificate may be effected Expired certificates may be renewed within a period of three

23

(3) years, provided evidence is submitted to the board attesting to the continued competence and

24

good character of the applicant. In the event renewal is not made before the end of the third year,

25

the board may require any reexamination that it deems appropriate. The amount to be paid for that

26

renewal is the annual fee set by the board in an amount not to exceed one hundred eighty dollars

27

($180) times the number of years the applicant has been delinquent, plus a penalty of sixty dollars

28

($60.00) per delinquent year.

29

     SECTION 2. Section 42-11-10 of the General Laws in Chapter 42-11 entitled "Department

30

of Administration" is hereby amended to read as follows:

31

     42-11-10. Statewide planning program.

32

     (a) Findings. The general assembly finds that the people of this state have a fundamental

33

interest in the orderly development of the state; the state has a positive interest and demonstrated

34

need for establishment of a comprehensive, strategic state planning process and the preparation,

 

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(Page 6 of 16)

1

maintenance, and implementation of plans for the physical, economic, and social development of

2

the state; the continued growth and development of the state presents problems that cannot be met

3

by the cities and towns individually and that require effective planning by the state; and state and

4

local plans and programs must be properly coordinated with the planning requirements and

5

programs of the federal government.

6

     (b) Establishment of statewide planning program.

7

     (1) A statewide planning program is hereby established to prepare, adopt, and amend

8

strategic plans for the physical, economic, and social development of the state and to recommend

9

these to the governor, the general assembly, and all others concerned.

10

     (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

11

departments and agencies of the executive branch unless specifically exempted, shall be conducted

12

by or under the supervision of the statewide planning program. The statewide planning program

13

shall consist of a state planning council, and the division of planning, which shall be a division

14

within the department of administration.

15

     (c) Strategic planning. Strategic planning includes the following activities:

16

     (1) Establishing or identifying general goals.

17

     (2) Refining or detailing these goals and identifying relationships between them.

18

     (3) Formulating, testing, and selecting policies and standards that will achieve desired

19

objectives.

20

     (4) Preparing long-range or system plans or comprehensive programs that carry out the

21

policies and set time schedules, performance measures, and targets.

22

     (5) Preparing functional, short-range plans or programs that are consistent with established

23

or desired goals, objectives, and policies, and with long-range or system plans or comprehensive

24

programs where applicable, and that establish measurable, intermediate steps toward their

25

accomplishment of the goals, objectives, policies, and/or long-range system plans.

26

     (6) Monitoring the planning of specific projects and designing of specific programs of short

27

duration by the operating departments, other agencies of the executive branch, and political

28

subdivisions of the state to ensure that these are consistent with, and carry out the intent of,

29

applicable strategic plans.

30

     (7) Reviewing the execution of strategic plans, and the results obtained, and making

31

revisions necessary to achieve established goals.

32

     (d) State guide plan. Components of strategic plans prepared and adopted in accordance

33

with this section may be designated as elements of the state guide plan. The state guide plan shall

34

be comprised of functional elements or plans dealing with land use; physical development and

 

Art9
RELATING TO ECONOMIC DEVELOPMENT
(Page 7 of 16)

1

environmental concerns; economic development; housing production; energy supply, including the

2

development of renewable energy resources in Rhode Island, and energy access, use, and

3

conservation; human services; climate change and resiliency; and other factors necessary to

4

accomplish the objective of this section. The state guide plan shall be a means for centralizing,

5

integrating, and monitoring long-range goals, policies, plans, and implementation activities related

6

thereto. State agencies concerned with specific subject areas, local governments, and the public

7

shall participate in the state guide planning process, which shall be closely coordinated with the

8

budgeting process.

9

     (e) Membership of state planning council. The state planning council shall consist of the

10

following members:

11

     (1) The director of the department of administration as chairperson;

12

     (2) The director, policy office, in the office of the governor, as vice-chairperson;

13

     (3) The governor, or his or her designee;

14

     (4) [Deleted by P.L. 2019, ch. 88, art. 4, § 13];

15

     (5) The chairperson of the housing resources commission;

16

     (6) The highest-ranking administrative officer of the division of planning, as secretary;

17

     (7) The president of the Rhode Island League of Cities and Towns or his or her designee;

18

     (8) The executive director of the Rhode Island League of Cities and Towns;

19

     (9) Three (3) chief elected officials of cities and towns appointed by the governor after

20

consultation with the Rhode Island League of Cities and Towns, one of whom shall be from a

21

community with a population greater than 40,000 persons; one of whom shall be from a community

22

with a population of between 20,000 and 40,000 persons; and one of whom shall be from a

23

community with a population less than 20,000 persons;

24

     (10) One representative of a nonprofit community development or housing organization

25

appointed by the governor;

26

     (11) Four (4) public members, appointed by the governor, one of whom shall be an

27

employer with fewer than fifty (50) employees; one of whom shall be an employer with greater

28

than fifty (50) employees; one of whom shall represent a professional planning or engineering

29

organization in Rhode Island; and one of whom shall represent a chamber of commerce or

30

economic development organization;

31

     (12) Two (2) representatives of private, nonprofit, environmental or environmental justice

32

advocacy organizations, both to be appointed by the governor;

33

     (13) The director of planning and development for the city of Providence;

34

     (14) The director of the department of transportation;

 

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RELATING TO ECONOMIC DEVELOPMENT
(Page 8 of 16)

1

     (15) The director of the department of environmental management;

2

     (16) The director of the department of health;

3

     (17) The chief executive officer of the commerce corporation;

4

     (18) The commissioner of the Rhode Island office of energy resources;

5

     (19) The chief executive officer of the Rhode Island public transit authority;

6

     (20) The executive director of Rhode Island housing;

7

     (21) The executive director of the coastal resources management council; and

8

     (22) The director of the Rhode Island emergency management agency.

9

     (f) Powers and duties of state planning council. The state planning council shall have the

10

following powers and duties:

11

     (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

12

and to modify and amend any of these, following the procedures for notification and public hearing

13

set forth in § 42-35-3, and to recommend and encourage implementation of these goals to the

14

general assembly, state and federal agencies, and other public and private bodies; approval of

15

strategic plans by the governor; and to ensure that strategic plans and the long-range state guide

16

plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the "Rhode Island

17

comprehensive planning and land use regulation act";

18

     (2) To coordinate the planning and development activities of all state agencies, in

19

accordance with strategic plans prepared and adopted as provided for by this section;

20

     (3) To review and comment on the proposed annual work program of the statewide

21

planning program;

22

     (4) To adopt rules and standards and issue orders concerning any matters within its

23

jurisdiction as established by this section and amendments to it;

24

     (5) To establish advisory committees and appoint members thereto representing diverse

25

interests and viewpoints as required in the state planning process and in the preparation or

26

implementation of strategic plans. At minimum, the state planning council shall appoint permanent

27

committees:

28

     (i) A technical committee, comprised of public members from different geographic areas

29

of the state representing diverse interests along with officials of state, local, and federal

30

government, who shall review all proposed elements of the state guide plan, or amendment or repeal

31

of any element of the plan, and shall advise the state planning council thereon before the council

32

acts on any such proposal. This committee shall also advise the state planning council on any other

33

matter referred to it by the council; and

34

     (ii) An executive committee consisting of major participants of a Rhode Island geographic

 

Art9
RELATING TO ECONOMIC DEVELOPMENT
(Page 9 of 16)

1

information system with oversight responsibility for its activities; and

2

     (iii) A transportation advisory committee, made up of diverse representation, including,

3

but not limited to, municipal elected and appointed officials; representatives of various

4

transportation sectors, departments, and agencies; and other groups and agencies with an interest

5

in transportation operations, maintenance, construction, and policy, who shall review

6

transportation-related plans and amendments and recommend action to the state planning council.

7

     (6) To adopt, amend, and maintain, as an element of the state guide plan or as an

8

amendment to an existing element of the state guide plan, standards and guidelines for the location

9

of eligible, renewable energy resources and renewable energy facilities in Rhode Island with due

10

consideration for the location of such resources and facilities in commercial and industrial areas,

11

agricultural areas, areas occupied by public and private institutions, and property of the state and

12

its agencies and corporations, provided these areas are of sufficient size, and in other areas of the

13

state as appropriate.

14

     (7) To act as the single, statewide metropolitan planning organization for transportation

15

planning, and to promulgate all rules and regulations that are necessary thereto.

16

     (8) To assist the Rhode Island infrastructure bank in establishing review criteria, evaluating

17

applications, approving and issuing grants, and assist municipalities pursuant to the provisions of

18

chapter 11.4 of title 42, and any rules or regulations promulgated thereunder.

19

     (g) Division of statewide planning.

20

     (1) The division of statewide planning shall be the principal staff agency of the state

21

planning council for preparing and/or coordinating strategic plans for the comprehensive

22

management of the state's human, economic, and physical resources. The division of statewide

23

planning shall recommend to the state planning council specific guidelines, standards, and

24

programs to be adopted to implement strategic planning and the state guide plan and shall undertake

25

any other duties established by this section and amendments thereto.

26

     (2) The division of statewide planning shall maintain records (which shall consist of files

27

of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

28

adopted or issued by the state planning council under this section. The records shall be open to the

29

public.

30

     (3) The division of statewide planning shall manage and administer the Rhode Island

31

geographic information system of land-related resources, and shall coordinate these efforts with

32

other state departments and agencies, including the university of Rhode Island, which shall provide

33

technical support and assistance in the development and maintenance of the system and its

34

associated data base.

 

Art9
RELATING TO ECONOMIC DEVELOPMENT
(Page 10 of 16)

1

     (4) The division of statewide planning shall coordinate and oversee the provision of

2

technical assistance to political subdivisions of the state in preparing and implementing plans to

3

accomplish the purposes, goals, objectives, policies, and/or standards of applicable elements of the

4

state guide plan and shall make available to cities and towns data and guidelines that may be used

5

in preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

6

elements thereby.

7

     (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4].

8

     (i) The division of planning shall be the principal staff agency of the water resources board

9

established pursuant to chapter 15 of title 46 ("Water Resources Board") and the water resources

10

board corporate established pursuant to chapter 15.1 of title 46 ("Water Supply Facilities").

11

     SECTION 3. Sections 42-11.4-1, 42-11.4-3, 42-11.4-4 and 42-11.4-5 of the General Laws

12

in Chapter 42-11.4 entitled "The Rhode Island Municipal Infrastructure Grant Program" are hereby

13

amended to read as follows:

14

     42-11.4-1. Establishment.

15

     The Rhode Island municipal infrastructure grant program is hereby created within the

16

Rhode Island infrastructure bank. department of administration and is subject to grant funding.

17

State funds or appropriations shall not be utilized in connection with the implementation of this

18

section. The Rhode Island infrastructure bank shall have all the powers necessary and convenient

19

to carry out and effectuate the purposes and provisions of this chapter, including, without limiting

20

the generality of the preceding statement, the authority to: The department of administration is

21

authorized to:

22

     (1) Issue public infrastructure grants to municipalities and other public instrumentalities

23

for design, construction, building, land acquisition, rehabilitation, repair, and other improvements

24

to publicly owned infrastructure including, but not limited to, sewers, utility extensions, streets,

25

roads, curb-cuts, parking, water-treatment systems, telecommunications systems, transit

26

improvements, and pedestrian ways; and

27

     (2) Assist municipalities to advance projects that support job creation and expansion,

28

housing development and rehabilitation, community development projects in areas or districts that

29

communities have determined are best suited to efficiently accommodate future growth and

30

redevelopment, largely in previously developed areas with some level of existing or planned

31

infrastructure. ;

32

     (3) Establish a fund within the Rhode Island infrastructure bank to receive and disburse

33

such funds as may be available for the purpose of the program, subject to the provisions of this

34

section;

 

Art9
RELATING TO ECONOMIC DEVELOPMENT
(Page 11 of 16)

1

     (4) Make and enter into binding commitments to provide grants to municipalities and other

2

pubic instrumentalities from amounts on deposit in the program fund;

3

     (5) Engage the services of third-party vendors to provide professional services;

4

     (6) Establish one or more accounts within the fund; and

5

     (7) Such other authority as granted to the Rhode Island infrastructure bank under this

6

chapter and chapter 12.2 of title 46.

7

     42-11.4-3. Solicitations.

8

     (a) There shall be at least one open solicitation period each year to accept and consider new

9

applications. Not The Rhode Island infrastructure bank shall provide not less than twelve (12) eight

10

(8) weeks notice before the annual an open solicitation period. , the department of administration

11

shall release the criteria upon which the applications shall be judged including, but not limited to,

12

a minimum project readiness standard, overall spending targets by project type, preferences for

13

projects that align with the state's prevailing economic development plan, and other preferences

14

applying to that funding round. Grants may be made outside of the open solicitation period at the

15

discretion of the director of administration subject to the provisions of this section. The Rhode

16

Island infrastructure bank shall review and approve all applications for projects to be financed

17

through the Rhode Island municipal infrastructure grant program. All grant awards shall be made

18

after consultation with the Rhode Island division of statewide planning program and the Rhode

19

Island infrastructure bank.

20

     (b) An eligible city or town, acting by and through its municipal officers or by and through

21

any agency designated by the municipal officers to act on their behalf, may apply to the program

22

for a grant in a specific amount to fund a specified project. Two (2) or more municipalities may

23

apply jointly, with one municipality acting as fiscal agent. The grants may be made in addition to

24

other forms of local, state, and federal assistance. Receipt of a grant that is part of a joint application

25

shall not preclude a municipality from receiving additional funds under a separate application.

26

     42-11.4-4. Rules and regulations.

27

     The director of administration Rhode Island infrastructure bank may shall establish

28

reasonable rules and regulations to govern the application and distribution of grants under the

29

program, to include, but not be limited to, provisions for joint applications by two (2) or more

30

eligible municipalities for a single project serving those municipalities. The rules and regulations

31

shall include the criteria upon which the applications shall be judged including, but not limited to,

32

a minimum project readiness standard, overall spending targets by project type, preferences for

33

projects that align with the state's prevailing economic development plan, and other preferences

34

applying to that funding round.

 

Art9
RELATING TO ECONOMIC DEVELOPMENT
(Page 12 of 16)

1

     42-11.4-5. Reports.

2

     The director of administration Rhode Island infrastructure bank shall report annually to the

3

governor, speaker of the house, president of the senate, and the chairs of the house committee on

4

finance, senate committee on finance, house committee on oversight, senate committee on

5

government oversight, house committee on municipal government, senate committee on housing

6

and municipal government, and the permanent joint committee on economic development. The

7

report shall include a list and description of all projects that received grant funds under the program;

8

the amount of the grant awarded to the project; other sources of public funds that supported the

9

project; and a detailed analysis of the economic impact of each project including, where applicable,

10

the number of construction and full-time equivalent jobs to be created, number of housing units to

11

be created, the private investment in the project, and the expected tax revenue generated from the

12

project.

13

     SECTION 4. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled

14

"Rebuild Rhode Island Tax Credit" is hereby amended to read as follows:

15

     42-64.20-10. Sunset.

16

     No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2021

17

December 31, 2022.

18

     SECTION 5. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode

19

Island Tax Increment Financing" is hereby amended to read as follows:

20

     42-64.21-9. Sunset.

21

     The commerce corporation shall enter into no agreement under this chapter after June 30,

22

2021 December 31, 2022.

23

     SECTION 6. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax

24

Stabilization Incentive" is hereby amended to read as follows:

25

     42-64.22-15. Sunset.

26

     The commerce corporation shall enter into no agreement under this chapter after June 30,

27

2021 December 31, 2022.

28

     SECTION 7. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First

29

Wave Closing Fund Act" is hereby amended to read as follows:

30

     42-64.23-8. Sunset.

31

     No financing shall be authorized to be reserved pursuant to this chapter after June 30, 2021

32

December 31, 2022.

33

     SECTION 8. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195

34

Redevelopment Project Fund Act" is hereby amended as follows:

 

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RELATING TO ECONOMIC DEVELOPMENT
(Page 13 of 16)

1

     42-64.24-8. Sunset.

2

     No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant

3

to this chapter after June 30, 2021 December 31, 2022.

4

     SECTION 9. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled

5

"Rhode Island Small Business Assistance Program" is amended to read as follows:

6

     42-64.25-14. Sunset. 

7

     No grants, funding, or incentives shall be authorized pursuant to this chapter after June 30,

8

2021 December 31, 2022.

9

     SECTION 10. Sections 42-64.26-8 and 42-64.26-12 of the General Laws in Chapter 42-

10

64.26 entitled "Stay Invested in RI Wavemaker Fellowship" are hereby amended to read as follows:

11

     42-64.26-8. Carry forward and redemption of tax credits.

12

     (a) If the amount of the tax credit allowed under this chapter exceeds the taxpayer's total

13

tax liability for the year in which the credit is allowed, the amount of such credit that exceeds the

14

taxpayer's tax liability may be carried forward and applied against the taxes imposed for the

15

succeeding four (4) years, or until the full credit is used, whichever occurs first.

16

     (b) The tax credit allowed under this chapter may be used as a credit against personal

17

income taxes imposed under chapter 30 of title 44.

18

     (c) The division of taxation shall at the request of a taxpayer redeem such credits in whole

19

or in part for one hundred percent (100%) of the value of the tax credit.

20

     (d) Any amounts paid to a taxpayer for the redemption of tax credits allowed award issued

21

pursuant to this chapter after January 1, 2021 pursuant to this section shall be exempt from taxation

22

under title 44 of the General Laws.

23

     42-64.26-12. Sunset.

24

     No incentives or credits shall be authorized pursuant to this chapter after June 30, 2021

25

December 31, 2022.

26

     SECTION 11. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main

27

Street Rhode Island Streetscape Improvement Fund" is hereby amended as follows:

28

     42-64.27-6. Sunset.

29

     No incentives shall be authorized pursuant to this chapter after June 30, 2021 December

30

31, 2022.

31

     SECTION 12. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled

32

"Innovation Initiative" is hereby amended as follows:

33

     42-64.28-10. Sunset.

34

     No vouchers, grants, or incentives shall be authorized pursuant to this chapter after June

 

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1

30, 2021 December 31, 2022.

2

     SECTION 13. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled "High

3

School, College, and Employer Partnerships" is hereby amended as follows:

4

     42-64.31-4. Sunset.

5

     No grants shall be authorized pursuant to this chapter after June 30, 2021 December 31,

6

2022.

7

     SECTION 14. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled "Air

8

Service Development Fund" is hereby amended as follows:

9

     42-64.32-6. Sunset.

10

     No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant

11

to this chapter after June 30, 2021 December 31, 2022.

12

     SECTION 15. Section 44-31.2-5 of the General Laws in Chapter 44-31.2 entitled "Motion

13

Picture Production Tax Credits" is hereby amended to read as follows:

14

     44-31.2-5. Motion picture production company tax credit.

15

     (a) A motion picture production company shall be allowed a credit to be computed as

16

provided in this chapter against a tax imposed by chapters 11, 14, 17, and 30 of this title. The

17

amount of the credit shall be thirty percent (30%) of the state-certified production costs incurred

18

directly attributable to activity within the state, provided:

19

     (1) That the primary locations are within the state of Rhode Island and the total production

20

budget as defined herein is a minimum of one hundred thousand dollars ($100,000); or

21

     (2) The motion picture production incurs and pays a minimum of ten million dollars

22

($10,000,000) in state-certified production costs within a twelve-month (12) period.

23

     The credit shall be earned in the taxable year in which production in Rhode Island is

24

completed, as determined by the film office in final certification pursuant to § 44-31.2-6(c).

25

     (b) For the purposes of this section: "total production budget" means and includes the

26

motion picture production company's pre-production, production, and post-production costs

27

incurred for the production activities of the motion picture production company in Rhode Island in

28

connection with the production of a state-certified production. The budget shall not include costs

29

associated with the promotion or marketing of the film, video, or television product.

30

     (c) Notwithstanding subsection (a) of this section, the credit shall not exceed seven million

31

dollars ($7,000,000) and shall be allowed against the tax for the taxable period in which the credit

32

is earned and can be carried forward for not more than three (3) succeeding tax years. Pursuant to

33

rules promulgated by the tax administrator, the administrator may issue a waiver of the seven

34

million dollars ($7,000,000) tax credit cap for any feature-length film or television series up to the

 

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RELATING TO ECONOMIC DEVELOPMENT
(Page 15 of 16)

1

remaining funds available pursuant to section (e) of this section.

2

     (d) Credits allowed to a motion picture production company, which is a subchapter S

3

corporation, partnership, or a limited-liability company that is taxed as a partnership, shall be

4

passed through respectively to persons designated as partners, members, or owners on a pro rata

5

basis or pursuant to an executed agreement among such persons designated as subchapter S

6

corporation shareholders, partners, or members documenting an alternate distribution method

7

without regard to their sharing of other tax or economic attributes of such entity.

8

     (e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax

9

year beginning after December 31, 2007, for motion picture tax credits pursuant to this chapter

10

and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. After

11

December 31, 2019, no more than twenty million dollars ($20,000,000) in total may be issued for

12

any tax year for motion picture tax credits pursuant to this chapter and/or musical and theater

13

production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available

14

to motion picture productions and musical and theatrical productions. No specific amount shall be

15

set aside for either type of production.

16

     (f) Exclusively for tax year 2022, the total amount of motion picture tax credits issued

17

pursuant to § 44-31.2-5 and/or musical and theatrical production tax credits pursuant to chapter

18

31.3 of this title shall not exceed thirty million dollars ($30,000,000)

19

     SECTION 16. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled

20

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

21

     44-33.6-11. Sunset.

22

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

23

2021 2022, or upon the exhaustion of the maximum aggregate credits, whichever comes first.

24

     SECTION 17. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled "Rhode

25

Island Qualified Jobs Incentive Act of 2015" is hereby amended as follows:

26

     44-48.3-14. Sunset.

27

     No credits shall be authorized to be reserved pursuant to this chapter after June 30, 2021

28

December 31, 2022.

29

     SECTION 18. This article shall take effect upon passage.

 

Art9
RELATING TO ECONOMIC DEVELOPMENT
(Page 16 of 16)

=======

art.010/3/010/2

=======

1

     ARTICLE 10

2

RELATING TO EDUCATION

3

     SECTION 1. Section 16-7-16 of the General Laws in Chapter 16-7 entitled "Foundation

4

Level School Support [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is

5

hereby amended to read as follows:

6

     16-7-16. Definitions.

7

     The following words and phrases used in §§ 16-7-15 to 16-7-34 have the following

8

meanings:

9

     (1) "Adjusted equalized weighted assessed valuation" means the equalized weighted

10

assessed valuation of a community as determined by the department of revenue or as apportioned

11

by the commissioner pursuant to the provisions of § 16-7-21;

12

     (2)(i) "Average daily membership" means the average number of pupils in a community

13

during a school year as determined pursuant to the provisions of § 16-7-22, less any students who

14

are served in a program operated by the state and funded through the permanent foundation

15

education aid formula pursuant to chapter 16-7.2;

16

     (ii) For FY 2022, "average daily membership" means the greater of the average number of

17

pupils in a community during a school year as determined pursuant to the provisions of § 16-7-22

18

in March 2020 or March 2021, less any students who are served in a program operated by the state

19

and funded through the permanent foundation education aid formula pursuant to chapter 16-7.2.

20

State aid to charter public schools, Davies, and the Met Center shall be determined based on the

21

districts of residence in whichever year had the greater total average daily membership.

22

     (A) For the purposes of determining the number of students in poverty, the department

23

shall divide the average daily membership of students reported as living in poverty in each district

24

of residence by the total average daily membership of students enrolled in the district of residence

25

in both March 2020 and March 2021. The greater percentage shall be applied to the average daily

26

membership used in the calculation of foundation education aid. For charter public schools, Davies,

27

and the Met Center, the average daily membership of students reported as living in poverty shall

28

be consistent with March 2020 or March 2021, whichever year had the greater total average daily

29

membership.

30

     (B) If the average daily membership in March 2020 is greater for any given community

 

1

than in March 2021, the number of pupils shall be reduced by the number of students attending new

2

or expanding charter schools in FY 2022.

3

     (3) "Basic education program" means the cost of education of resident pupils in grades

4

twelve (12) and below in average daily membership for the reference year as determined by the

5

mandated minimum program level;

6

     (4) "Certified personnel" means all persons who are required to hold certificates issued by

7

or under the authority of the board of regents for elementary and secondary education;

8

     (5) "Community" means any city, town, or regional school district established pursuant to

9

law and/or the department of children, youth, and families; provided, however, that the department

10

of children, youth, and families shall not have those administrative responsibilities and obligations

11

as set forth in chapter 2 of this title; provided, however, that the member towns of the Chariho

12

regional high school district, created by P.L. 1958, chapter 55 as amended, shall constitute separate

13

and individual communities for the purpose of determining and distributing the foundation level

14

school support including state aid for noncapital excess expenses for the special education of

15

children with disabilities provided for in § 16-24-6 for all grades financed in whole or in part by

16

the towns irrespective of any regionalization and any school operated by the state department of

17

elementary and secondary education;

18

     (6) "Department of children, youth, and families" means that department created pursuant

19

to chapter 72 of title 42. For purposes of this section, §§ 16-7-20, 16-24-2, and 42-72-5(b)(22),

20

"children" means those children who are placed, assigned, or otherwise accommodated for

21

residence by the department of children, youth, and families in a state operated or supported

22

community residence licensed by a state agency and the residence operates an educational program

23

approved by the department of elementary and secondary education;

24

     (7) "Equalized weighted assessed valuation" means the equalized weighted assessed

25

valuation for a community as determined by the division of property valuation pursuant to the

26

provisions of § 16-7-21;

27

     (8) "Full time equivalency students" means the time spent in a particular activity divided

28

by the amount of time in a normal school day;

29

     (9) "Incentive entitlement" means the sum payable to a local school district under the

30

formula used;

31

     (10) "Mandated minimum program level" means the amount that shall be spent by a

32

community for every pupil in average daily membership as determined pursuant to the provisions

33

of § 16-7-18;

34

     (11) "Reference year" means the next year prior to the school year immediately preceding

 

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RELATING TO EDUCATION
(Page 2 of 8)

1

that in which the aid is to be paid. For the purposes of calculating the permanent foundation

2

education formula aid as described in § 16-7.2-3, the reference date shall be one year prior to the

3

year in which aid is paid; and

4

     (12) "Regularly employed" and "service" as applied to certified personnel have the same

5

meaning as defined in chapter 16 of this title.

6

     SECTION 2. Sections 16-7.2-5 and 16-7.2-8 of the General Laws in Chapter 16-7.2 entitled

7

"The Education Equity and Property Tax Relief Act" are hereby amended to read as follows:

8

     16-7.2-5. Charter public schools, the William M. Davies, Jr. Career and Technical

9

High School, and the Metropolitan Regional Career and Technical Center.

10

     (a) Charter public schools, as defined in chapter 77 of this title, the William M. Davies, Jr.

11

Career and Technical High School (Davies), and the Metropolitan Regional Career and Technical

12

Center (the Met Center) shall be funded pursuant to § 16-7.2-3. If the October 1 actual enrollment

13

data for any charter public school shows a ten percent (10%) or greater change from the prior year

14

enrollment which is used as the reference year average daily membership, the last six (6) monthly

15

payments to the charter public school will be adjusted to reflect actual enrollment. The state share

16

of the permanent foundation education aid shall be paid by the state directly to the charter public

17

schools, Davies, and the Met Center pursuant to § 16-7.2-9 and shall be calculated using the state-

18

share ratio of the district of residence of the student as set forth in § 16-7.2-4. The department of

19

elementary and secondary education shall provide the general assembly with the calculation of the

20

state share of permanent foundation education aid for charter public schools delineated by school

21

district.

22

     (b) The local share of education funding shall be paid to the charter public school, Davies,

23

and the Met Center by the district of residence of the student and shall be the local, per-pupil cost

24

calculated by dividing the local appropriation to education from property taxes, net of debt service,

25

and capital projects, as defined in the uniform chart of accounts by the average daily membership

26

for each city and town, pursuant to § 16-7-22, for the reference year.

27

     (c) Beginning in FY 2017, there shall be a reduction to the local per pupil funding paid by

28

the district of residence to charter public schools, Davies, and the Met Center. This reduction shall

29

be equal to the greater (i) Of seven percent (7%) of the local, per-pupil funding of the district of

30

residence pursuant to subsection (b) or (ii) The per-pupil value of the district's costs for non-public

31

textbooks, transportation for non-public students, retiree health benefits, out-of-district special-

32

education tuition and transportation, services for students age eighteen (18) to twenty-one (21)

33

years old, pre-school screening and intervention, and career and technical education, tuition and

34

transportation costs, debt service and rental costs minus the average expenses incurred by charter

 

Art10
RELATING TO EDUCATION
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1

schools for those same categories of expenses as reported in the uniform chart of accounts for the

2

prior preceding fiscal year pursuant to § 16-7-16(11) and verified by the department of elementary

3

and secondary education. In the case where audited financials result in a change in the calculation

4

after the first tuition payment is made, the remaining payments shall be based on the most recent

5

audited data. For those districts whose greater reduction occurs under the calculation of (ii), there

6

shall be an additional reduction to payments to mayoral academies with teachers who do not

7

participate in the state teacher's retirement system under chapter 8 of title 36 equal to the per-pupil

8

value of teacher retirement costs attributable to unfunded liability as calculated by the state's

9

actuary for the prior preceding fiscal year.

10

     (d) Local district payments to charter public schools, Davies, and the Met Center for each

11

district's students enrolled in these schools shall be made on a quarterly basis in July, October,

12

January, and April; however, the first local-district payment shall be made by August 15, instead

13

of July. Failure of the community to make the local-district payment for its student(s) enrolled in a

14

charter public school, Davies, and/or the Met Center may result in the withholding of state

15

education aid pursuant to § 16-7-31.

16

     (e) Beginning in FY 2017, school districts with charter public school, Davies, and the Met

17

Center enrollment, that, combined, comprise five percent (5%) or more of the average daily

18

membership as defined in § 16-7-22, shall receive additional aid for a period of three (3) years. Aid

19

in FY 2017 shall be equal to the number of charter public school, open-enrollment schools, Davies,

20

or the Met Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount

21

of one hundred seventy-five dollars ($175). Aid in FY 2018 shall be equal to the number of charter

22

public school, open-enrollment schools, Davies, or the Met Center students as of the reference year

23

as defined in § 16-7-16 times a per-pupil amount of one hundred dollars ($100). Aid in FY 2019

24

shall be equal to the number of charter public school, open-enrollment schools, Davies, or the Met

25

Center students as of the reference year as defined in § 16-7-16 times a per-pupil amount of fifty

26

dollars ($50.00). The additional aid shall be used to offset the adjusted fixed costs retained by the

27

districts of residence.

28

     (f) School districts with charter public school, Davies, and the Met Center enrollment, that,

29

combined, comprise five percent (5%) or more of the average daily membership as defined in § 16-

30

7-22, shall receive additional aid intended to help offset the impact of new and expanding charter

31

schools. For FY 2022, aid shall be equal to the number of new students being served as determined

32

by the difference between the reference year as defined in § 16-7-16 and FY 2019 times a per-pupil

33

amount of five hundred dollars ($500). For FY 2023 and thereafter, aid shall be equal to the number

34

of new students being served as determined by the difference between the reference year as defined

 

Art10
RELATING TO EDUCATION
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1

in § 16-7-16 and the prior reference year times a per-pupil amount of five hundred dollars ($500).

2

The additional aid shall be used to offset the adjusted fixed costs retained by the districts of

3

residence.

4

     16-7.2-8. Accountability.

5

     (a) Pursuant to §§ 16-7.1-3 and 16-7.1-5, the department of elementary and secondary

6

education (the "department") shall use the uniform chart of accounts to maintain fiscal

7

accountability for education expenditures that comply with applicable laws and regulations,

8

including but not limited to the basic education program. This data shall be used to develop criteria,

9

and priorities, and benchmarks specific to each local education agency (LEA) to improve for cost

10

controls, efficiencies, and program effectiveness. The department of elementary and secondary

11

education shall present this LEA-specific information in the form of an annual report to the LEA

12

to which it applies, and provide a summary of all LEA reports to the governor and the general

13

assembly annually, beginning on August 1, 2022.

14

     (b) The department of elementary and secondary education shall establish and/or

15

implement program standards to be used in the oversight of the use of foundation aid calculated

16

pursuant to § 16-7.2-3. Such oversight will be carried out in accordance with the progressive

17

support and intervention protocols established in chapter 7.1 of this title.

18

     SECTION 3. Chapter 16-22 of the General Laws entitled "Curriculum [See Title 16

19

Chapter 97 - The Rhode Island Board of Education Act]" is hereby amended by adding thereto the

20

following section:

21

     16-22-34. The basic education program.

22

     (a) For the purposes of this chapter, the "basic education program" means a set of

23

regulations promulgated by the council on elementary and secondary education pursuant to its

24

delegated statutory authority to determine standards for the Rhode Island public education system

25

and the maintenance of local appropriation to support its implementation under Rhode Island

26

general laws.

27

     (b) The basic education program (BEP) shall include, but shall not be limited to, the

28

following basic elements:

29

     (1) A standard for students who are English language learners; and

30

     (2) Any other requirements set forth elsewhere in Rhode Island general laws or

31

departmental regulations.

32

     (c) By August 1, 2022, and annually thereafter, the department of elementary and

33

secondary education (the "department") shall review BEP compliance of each local education

34

agency (LEA) within the state. The department shall:

 

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RELATING TO EDUCATION
(Page 5 of 8)

1

     (1) Assess programmatic compliance with the BEP to ensure high-quality education is

2

available to all public school students, regardless of where they reside or which school they attend;

3

     (2) Determine the incremental cost to meet the BEP utilizing uniform chart of account

4

(UCOA) data from the LEA and all LEAs statewide;

5

     (3) Determine the sufficiency of both the state and the local education aid to the LEA to

6

meet the BEP; and,

7

     (4) If a deficiency exists in the local education aid to the LEA to meet the BEP, the

8

Department shall consult with the Department of Revenue to issue a joint report to the General

9

Assembly on the feasibility of the municipality to raise sufficient funds to meet the BEP standard

10

set in law.

11

     SECTION 4. Sections 16-98-2, 16-98-4 and 16-98-6 of the General Laws in Chapter 16-

12

98 entitled "Access to Advanced Placement Courses for All Students Act [See Title 16 Chapter 97

13

- The Rhode Island Board of Education Act]" are hereby amended to read as follows:

14

     16-98-2. Definitions.

15

     The following words and phrases when used in this chapter shall have the following

16

meanings given to them unless the context clearly indicates otherwise:

17

     (1) "Advanced placement" means a college-level class taught at the high school level

18

preparatory course for a college advanced placement that provides students the opportunity to earn

19

college credit upon passage of an exam that:

20

     (i) Incorporates all topics specified by the college board College Board on its standards

21

syllabus for a given subject area; and

22

     (ii) Is authorized by the college board College Board.

23

     (2) "Board of regents" means the board of regents for elementary and secondary education.

24

     (3) "College board Board " means the non-profit examination board in the United States

25

comprised of over four thousand five hundred (4,500) institutions of higher learning and known for

26

managing standardized tests such as the advanced placement or "AP" tests and refers to the

27

nonprofit organization that develops and administers standardized tests and curricula used by

28

kindergarten through grade twelve (K-12) and post-secondary education institutions to promote

29

college readiness.

30

     (4) "Department" means the Rhode Island department of elementary and secondary

31

education.

32

     (5) "Eligible teacher" means a professional employee that is certified in the subject area of

33

the advanced placement course that he or she will be teaching.

34

     (6) "Examination" or "exam" means the test provided by the College Board to measure a

 

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1

student's mastery of the advanced placement subject matter.

2

     (6)(7) "Four core academic areas" means advanced placement courses in English,

3

mathematics, science and social science.

4

     (7)(8) "Poverty level" means the percentage of students in a school district eligible for free

5

and reduced lunch students whose family income is at or below one hundred eighty-five percent

6

(185%) of federal poverty guidelines.

7

     (8)(9) "Program" means furtherance of the advanced placement classes in the public

8

schools and includes teacher training program and increased student participation.

9

     (9)(10) "School district" means any public school district, school unit, area-vocational-

10

technical school, or charter school or mayoral academy that composes a school district; the term

11

also encompasses a single high school or multiple high schools within a school district where

12

applicable.

13

     (10)(11) "Teacher training entities" means institutions of higher education, intermediate

14

units or organizations approved/certified by the college board College Board to train teachers to

15

teach advanced placement courses.

16

     (11)(12) "Virtual learning instruction" means providing academic courses to students via

17

the Internet and/or the use of technology in providing instruction to students.

18

     16-98-4. Powers and duties of department.

19

     (a) Guidelines. The department shall promulgate rules, regulations and procedures

20

necessary for the implementation of this chapter including, but not limited to, the following:

21

     (1) In consultation with the college board College Board, certify those teacher-training

22

entities that are qualified to provide training of teachers to teach advanced placement courses in the

23

four (4) core academic areas;

24

     (2) In certifying teacher-training entities for this program, the department shall ensure that

25

the training times and locations will be geographically accessible for teachers from eligible school

26

entities to attend;

27

     (3) The department, in consultation with the college board College Board, shall ensure that

28

training provided by those teacher-training entities must provide teachers of advanced placement

29

courses with the necessary content knowledge and instructional skills to prepare students for

30

success in advanced placement courses and examinations; and

31

     (4) Starting at the end of the first year of the program, and every year thereafter, the

32

department shall issue a report to the general assembly on the advanced placement teacher-training

33

program that shall include, but not be limited to:

34

     (i) The number of teachers receiving training in advanced placement instructions in school

 

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1

entities, school districts and high schools in each of the four (4) core academic areas.

2

     (ii) The number of students taking advanced placement courses at school entities in each

3

of the four (4) core academic areas.

4

     (iii) The number of students scoring a three (3) or more on an advanced placement

5

examination at school entities in each of the four (4) core academic areas.

6

     (iv) The remaining unmet need for trained teachers in school entities that do not offer

7

advanced placement courses.

8

     (v) The number of students taking advanced placement courses who do not take the

9

advanced placement examination.

10

     (vi) The number of students below the poverty level who take advanced placement courses.

11

     (vii) The number of students below the poverty level who take advanced placement courses

12

and do not take the advanced placement examination; and.

13

     (5) In consultation with local education authorities, ensure that the opportunity to

14

participate in the advanced placement program and gain college credit is available to the greatest

15

amount of students as practicable.

16

     (b) Nothing in this chapter shall prohibit the board of education, through the department,

17

from expanding the program to include other nationally accepted courses of study that provide

18

students an opportunity to gain college credits from classes taken in high school.

19

     16-98-6. Program funding.

20

     (a) Funding shall be for this program is subject to appropriation by the general assembly to

21

the department for that purpose the purpose of providing advanced placement examinations to

22

students at or below the poverty level at no cost to the student.

23

     (b) In the event that insufficient moneys are appropriated in any fiscal year to provide

24

funding for all eligible school entities applying to the program, the department shall prioritize

25

funding of eligible school entities based on the poverty level of the school districts that high school

26

students who will be taking the advanced placement courses reside in. Notwithstanding any general

27

law, rule or regulation to the contrary, the department shall include as part of its annual budget the

28

amount necessary to pay the exam costs for all students below the poverty level who take advanced

29

courses.

30

     SECTION 5. This article shall take effect upon passage.

 

Art10
RELATING TO EDUCATION
(Page 8 of 8)

=======

art.011/3/011/2

=======

1

     ARTICLE 11

2

RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE

3

     SECTION 1. This article consists of a Joint Resolution that is submitted pursuant to Rhode

4

Island General Laws § 37-6-2 authorizing various lease agreements for office space and operating

5

space.

6

     SECTION 2. Department of Revenue, 238 East Main Road, Middletown.

7

     WHEREAS, The Department of Revenue currently occupies approximately 4,200 square

8

feet at 238 East Main Road in the Town of Middletown; and

9

     WHEREAS, The Rhode Island Department of Revenue currently has a current lease

10

agreement, in full force and effect, with Kenneth J. Alves for approximately 4,200 square feet of

11

office space located at 238 East Main Road, Middletown; and

12

     WHEREAS, The existing lease expires on October 31, 2021 and the Department of

13

Revenue wishes to exercise its option to renew this lease for an additional five (5)-year term; and

14

     WHEREAS, The State of Rhode Island, acting by and through the Rhode Island

15

Department of Revenue attests to the fact that there are no clauses in the lease agreement with

16

Kenneth J. Alves that would interfere with the Rhode Island Department of Revenue lease

17

agreement or use of the facility; and

18

     WHEREAS, The leased premises provide a critical regional location for the offices of the

19

Department of Revenue from which the Department can serve the needs of Middletown and

20

surrounding Aquidneck Island communities and otherwise fulfill the mission of the Department of

21

Revenue; and

22

     WHEREAS, The annual base rent in the agreement in the current fiscal year, ending June

23

30, 2021 is $57,978; and

24

     WHEREAS, The anticipated annual base rent of the agreement in each of the initial five

25

(5) years of the term will not exceed $63,522; and

26

     WHEREAS, The payment of the annual base rent will be made from funds available to the

27

Department of Revenue for the payments of rental and lease costs based on annual appropriations

28

made by the General Assembly; and

29

     WHEREAS, The State Properties Committee now respectfully requests the approval of the

30

Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement

 

1

between the Department of Revenue and Kenneth J. Alves for leased space located at 238 East

2

Main Road, Middletown; now therefore be it

3

     RESOLVED, That this General Assembly of the State of Rhode Island hereby approves

4

the lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed

5

$317,606; and it be further

6

     RESOLVED, That this Joint Resolution shall take effect upon passage by the General

7

Assembly; and it be further

8

     RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly

9

certified copies of this resolution to the Governor, the Director of the Department of Revenue, the

10

Director of Administration, the State Budget Officer, and the Chair of the State Properties

11

Committee.

12

     SECTION 3. Department of Corrections, 49 Pavilion Avenue, Providence.

13

     WHEREAS, The Rhode Island Department of Corrections has a current lease agreement,

14

in full force and effect, with WRR Associates, LLC for approximately 5,086 square feet of office

15

space located at 49 Pavilion Avenue, Providence; and

16

     WHEREAS, The State of Rhode Island, acting by and through the Rhode Island

17

Department of Corrections attests to the fact that there are no clauses in the lease agreement with

18

the WRR Associates, LLC that would interfere with the Rhode Island Department of Corrections

19

lease agreement or use of the facility; and

20

     WHEREAS, The existing lease expires on July 31, 2021 and the Rhode Island Department

21

of Corrections wishes to renew its lease for a term of one and one-half (1.5) years; and

22

     WHEREAS, The annual base rent in the current agreement in the current fiscal year, ending

23

July 31, 2021 is $108,690; and

24

     WHEREAS, The annual base rent of the agreement in each of the next one and one-half

25

(1.5) years of the term will not exceed $108,690; and

26

     WHEREAS, The payment of the annual base rent will be made from funds available to the

27

Department of Corrections for the payments of rental and lease costs based on annual

28

appropriations made by the General Assembly; and

29

     WHEREAS, The leased premises will provide a critical location for the offices of the

30

Department of Corrections from which the Department can serve the needs of Providence and

31

surrounding communities and otherwise fulfill the mission of the Department of Corrections; and

32

     WHEREAS, The State Properties Committee now respectfully requests the approval of the

33

Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement

34

between the Department of Corrections and a landlord to be determined, for the office space located

 

Art11
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
(Page 2 of 10)

1

at 49 Pavilion Avenue in the City of Providence, Rhode Island; now therefore be it

2

     RESOLVED, That this General Assembly of the State of Rhode Island hereby approves

3

the lease agreement, for a term not to exceed one (1) year and six (6) months and an aggregate base

4

rent not to exceed $163,035; and it be further

5

     RESOLVED, That this Joint Resolution shall take effect upon passage by the General

6

Assembly; and it be further

7

     RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly

8

certified copies of this resolution to the Governor, the Director of the Department of Corrections,

9

the Director of Administration, the State Budget Officer, and the Chair of the State Properties

10

Committee.

11

     SECTION 4. Commission for Human Rights, 180 Westminster Street, Providence.

12

     WHEREAS, The Commission for Human Rights currently holds a lease agreement with

13

Dorwest Associates, LLC for approximately 9,912 square feet of office space located at 180

14

Westminster Street in the City of Providence; and

15

     WHEREAS, The State of Rhode Island, acting by and through the Commission for Human

16

Rights, attests to the fact that there are no clauses in the lease agreement with Dorwest Associates,

17

LLC that would interfere with the Commission for Human Rights lease agreement or use of the

18

facility; and

19

     WHEREAS, The current lease expires on August 31, 2021, and the Commission for

20

Human Rights wishes to renew the lease agreement with Dorwest Associates, LLC for an additional

21

five (5) year lease term, commencing on September 1, 2021 and expiring on August 31, 2026; and

22

     WHEREAS, The leased premises provide a central location from which the Commission

23

for Human Rights can serve the needs of state residents and otherwise fulfill the mission of the

24

Commission; and

25

     WHEREAS, The annual rent in the agreement in the current fiscal year, ending June 30,

26

2021 is $181,410; and

27

     WHEREAS, The annual base rent of the agreement in each of the five years of the term

28

will not exceed $185,850; and

29

     WHEREAS, The payment of the annual base rent will be made from funds available to the

30

Rhode Island Commission for Human Rights for the payments of rental and lease costs based on

31

annual appropriations made by the General Assembly; and

32

     WHEREAS, The State Properties Committee now respectfully requests the approval of the

33

House of Representatives and the Senate for the lease agreement between the Commission for

34

Human Rights and Dorwest Associates, LLC, for the facility located at 180 Westminster Street in

 

Art11
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
(Page 3 of 10)

1

the City of Providence; now therefore be it

2

     RESOLVED, That this General Assembly approves the lease agreement, for a term not to

3

exceed five (5) years and an aggregate base rent not to exceed $929,250; and it be further

4

     RESOLVED, That this Joint Resolution shall take effect upon passage by the General

5

Assembly; and it be further

6

     RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly

7

certified copies of this resolution to the Governor, the Executive Director of the Commission for

8

Human Rights, the Director of Administration, the State Budget Officer, and the Chair of the State

9

Properties Committee.

10

     SECTION 5. Ethics Commission, 38-40 Fountain Street, Providence.

11

     WHEREAS, The Rhode Island Ethics Commission currently holds a lease agreement with

12

Gardner Building LLC for approximately 4,535 square feet of office space at 38-40 Fountain Street

13

in the City of Providence; and

14

     WHEREAS, The State of Rhode Island, acting by and through the Ethics Commission,

15

attests to the fact that there are no clauses in the lease agreement with Gardner Building, LLC that

16

would interfere with the Ethics Commission lease agreement or use of the facility; and

17

     WHEREAS, The existing lease expires on November 30, 2021 and the Rhode Island Ethics

18

Commission wishes to exercise its option and renew this lease for a term of ten (10) years; and

19

     WHEREAS, The leased premises will provide a critical regional location for officials of

20

the Rhode Island Ethics Commission from which it can serve the needs of the Rhode Island

21

community and otherwise fulfill the mission of the office; and

22

     WHEREAS, The annual rent in the agreement in the current fiscal year, ending June 30,

23

2021 is $79,181; and

24

     WHEREAS, The annual additional rent for parking in the current fiscal year, ending June

25

30, 2021 is $24,894; and

26

     WHEREAS, The anticipated annual base rent of the agreement in each of the initial five

27

(5) years of the lease term will not exceed $83,898 and the anticipated annual base rent of the

28

agreement in years six through ten of the lease term will not exceed $88,433; and

29

     WHEREAS, The anticipated annual additional rent for parking of the agreement in each of

30

the initial five (5) years of the lease term will not exceed $24,894 and the anticipated annual base

31

rent of the agreement in years six (6) through ten (10) of the lease term will not exceed $24,894;

32

and

33

     WHEREAS, The payment of the annual base rent and parking rent will be made from funds

34

available to the Rhode Island Ethics Commission for the payments of rental and lease costs based

 

Art11
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
(Page 4 of 10)

1

on annual appropriations made by the General Assembly; and

2

     WHEREAS, The State Properties Committee now respectfully requests the approval of the

3

Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement

4

between the Rhode Island Ethics Commission and Garner Building, LLC, for office space located

5

at 40 Fountain Street, in the City of Providence, Rhode Island; now therefore be it

6

     RESOLVED, That this General Assembly of the State of Rhode Island hereby approves

7

the lease agreement, for a lease term not to exceed ten years and an aggregate base rent not to

8

exceed $861,650 and an aggregate additional rent for parking not to exceed $248,940; and it be

9

further

10

     RESOLVED, That this Joint Resolution shall take effect upon passage by the General

11

Assembly; and it be further

12

     RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly

13

certified copies of this resolution to the Governor, the Secretary of the Rhode Island Ethics

14

Commission, the Director of Administration, the State Budget Officer, and the Chair of the State

15

Properties Committee.

16

     SECTION 6. Department of Human Services, Office of Rehabilitative Services, 40

17

Fountain Street, Providence.

18

     WHEREAS, The Rhode Island Department of Human Services (Office of Rehabilitative

19

Services) currently has a current lease agreement, in full force and effect, with the Gardner

20

Building, LLC for approximately 27,680 square feet of office space located at 40 Fountain Street,

21

Providence; and

22

     WHEREAS, The State of Rhode Island, acting by and through the Department of Human

23

Services (Office of Rehabilitative Services), attests to the fact that there are no clauses in the lease

24

agreement with Gardner Building, LLC that would interfere with the Department of Human

25

Services (Office of the Rhode Island Department of Human Services (Office of Rehabilitative

26

Services) lease agreement or use of the facility; and

27

     WHEREAS, The existing lease expires on November 30, 2021 and the Department of

28

Human Services (Office of Rehabilitative Services) wishes to exercise its option and renew this

29

lease for a term of ten ( 10) years; and

30

     WHEREAS, The leased premises will provide a critical regional location for officials of

31

the Department of Human Services (Office of Rehabilitative Services) from which it can serve the

32

needs of the Rhode Island community and otherwise fulfill the mission of the office; and

33

     WHEREAS, The annual rent in the agreement in the current fiscal year, ending June 30,

34

2021 is $483,293; and

 

Art11
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
(Page 5 of 10)

1

     WHEREAS, The annual additional rent for parking in the current fiscal year, ending June

2

30, 2021 is $198,000; and

3

     WHEREAS, The anticipated annual base rent of the agreement in each of the initial five

4

(5) years of the term will not exceed $512,808 and the anticipated annual base rent in years six (6)

5

through ten (10) of the term will not exceed $539,760; and

6

     WHEREAS, The anticipated annual additional rent for parking of the agreement in each of

7

the initial five (5) years of the lease term will not exceed $198,000 and the anticipated annual base

8

rent of the agreement in years six (6) through ten (10) of the lease term will not exceed $198,000;

9

and

10

     WHEREAS, The payment of the annual base rent and parking rent will be made from funds

11

available to the Department of Human Services (Office of Rehabilitative Services) for the payments

12

of rental and lease costs based on annual appropriations made by the General Assembly; and

13

     WHEREAS, The State Properties Committee now respectfully requests the approval of the

14

Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement

15

between the Department of Human Services (Office of Rehabilitative Services) and Garner

16

Building, LLC, for office space located at 40 Fountain Street, in the City of Providence, Rhode

17

Island; now therefore be it

18

     RESOLVED, That this General Assembly of the State of Rhode Island hereby approves

19

the lease agreement, for a lease term not to exceed ten (10) years and an aggregate base rent not to

20

exceed $5,262,840 and an aggregate additional rent for parking not to exceed $1,980,000; and it be

21

further

22

     RESOLVED, That this Joint Resolution shall take effect upon passage by the General

23

Assembly; and it be further

24

     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

25

transmit duly certified copies of this resolution to the Governor, the Secretary of the Department

26

of Human Services, the Director of Administration, the State Budget Officer, and the Chair of the

27

State Properties Committee

28

     SECTION 7. Department of Human Services, Office of Disability Determination Services,

29

40 Fountain Street, Providence.

30

     WHEREAS, The Rhode Island Department of Human Services (Office of Disability

31

Determination Services) currently has a current lease agreement, in full force and effect, with the

32

Gardner Building, LLC for approximately 16,024 square feet of office space located at 40 Fountain

33

Street, Providence which will expire on November 30, 2021; and

34

     WHEREAS, The State of Rhode Island, acting by and through the Department of Human

 

Art11
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
(Page 6 of 10)

1

Services (Office of Disability Determination Services), attests to the fact that there are no clauses

2

in the lease agreement with Gardner Building, LLC that would interfere with the Department of

3

Human Services (Office of Disability Determination Services) lease agreement or use of the

4

facility; and

5

     WHEREAS, The existing lease expires on November 30, 2021 and the Department of

6

Human Services (Office of Disability Determination Services) wishes to exercise its option and

7

renew this lease for a term of ten (10) years.

8

     WHEREAS, The leased premises will provide a critical regional location for officials of

9

the Department of Human Services (Office of Disability Determination Services) from which it can

10

serve the needs of the Rhode Island community and otherwise fulfill the mission of the office; and

11

     WHEREAS, The annual rent in the agreement in the current fiscal year, ending June 30,

12

2021 is $279,779; and

13

     WHEREAS, The annual additional rent for parking in the current fiscal year, ending June

14

30, 2021 is $108,000; and

15

     WHEREAS, The anticipated annual base rent of the agreement in each of the initial five

16

(5) years of the term will not exceed $296,444 and the anticipated annual base rent of the agreement

17

in years six (6) through ten (10) will not exceed $312,468; and

18

     WHEREAS, The anticipated annual additional rent for parking of the agreement in each of

19

the initial five (5) years of the lease term will not exceed $108,000 and the anticipated annual base

20

rent of the agreement in years six (6) through ten (10) of the lease term will not exceed $108,000;

21

and

22

     WHEREAS, The payment of the annual base rent and parking rent will be made from funds

23

available to the Department of Human Services (Office of Disability Determination Services) for

24

the payments of rental and lease costs based on annual appropriations made by the General

25

Assembly; and

26

     WHEREAS, The State Properties Committee now respectfully requests the approval of the

27

Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement

28

between the Department of Human Services (Office of Disability Determination Services) and

29

Gardner Building, LLC, for office space located at 40 Fountain Street, in the City of Providence,

30

Rhode Island; now therefore be it

31

     RESOLVED, That this General Assembly of the State of Rhode Island hereby approves

32

the lease agreement, for a lease term not to exceed ten (10) years and an aggregate base rent not to

33

exceed $3,044,560 and an aggregate additional rent for parking not to exceed $1,080,000; and it be

34

further

 

Art11
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
(Page 7 of 10)

1

     RESOLVED, That this Joint Resolution shall take effect upon passage by the General

2

Assembly; and it be further

3

     RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly

4

certified copies of this resolution to the Governor, the Secretary of the Department of Human

5

Services, the Director of Administration, the State Budget Officer, and the Chair of the State

6

Properties Committee.

7

     SECTION 8. Department of Human Services, 249 Roosevelt Avenue, Pawtucket.

8

     WHEREAS, The Department of Human Services holds a current lease agreement, in full

9

force and effect, with PUI O, Inc. for 24,400 square feet of space located at 249 Roosevelt Avenue

10

in the City of Pawtucket; and

11

     WHEREAS, The current lease expires on July 31, 2021 and the Department of Human

12

Services wishes to renew the lease agreement with PUI O, Inc. for a period of ten (10) years; and

13

     WHEREAS, The State of Rhode Island, acting by and through the Department of Human

14

Services, attests to the fact that there are no clauses in the lease agreement with PUI O, Inc. that

15

would interfere with the Department of Human Services lease agreement or use of the facility; and

16

     WHEREAS, The leased premises provide a regional location from which the Department

17

of Human Services can serve the needs of the City of Pawtucket and its surrounding communities

18

and otherwise further fulfill the mission of the Department; and

19

     WHEREAS, The annual rent (includes systems furniture throughout leased premises and

20

access to 190 parking spaces) in the agreement in the current fiscal year, ending June 30, 2021 is

21

$453,598; and

22

     WHEREAS, The annual base rent (includes systems furniture throughout leased premises

23

and access to 190 parking spaces) shall not exceed $453,598 for the initial three (3) years of the

24

lease term, $441,169 for the next three (3) years and six (6) months of the lease term and $456,610

25

for the final three (3) years and six (6) months of the lease term; and

26

     WHEREAS, The payment of the annual base rent will be made from funds available to the

27

Department of Human Services for the payments of rental and lease costs based on annual

28

appropriations made by the General Assembly; and

29

     WHEREAS, The State Properties Committee now respectfully requests the approval of the

30

House of Representatives and the Senate for the lease agreement between the Department of

31

Human Services and PUI O, Inc., for the facility located at 249 Roosevelt Avenue in the City of

32

Pawtucket; now therefore be it

33

     RESOLVED, That this General Assembly of the State of Rhode Island hereby approves

34

the lease agreement, for a lease term not to exceed ten years and an aggregate base rent not to

 

Art11
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
(Page 8 of 10)

1

exceed $4,503,021; and it be further

2

     RESOLVED, That this Joint Resolution shall take effect upon passage by the General

3

Assembly; and it be further

4

     RESOLVED, That the Secretary of State is hereby authorized and directed to transmit duly

5

certified copies of this resolution to the Governor, the Director of the Department of Human

6

Services, the Director of Administration, the State Budget Officer, and the Chair of the State

7

Properties Committee.

8

     SECTION 9. Department of Human Services, 77 Dorrance Street, Providence.

9

     WHEREAS, The Department of Human Services holds a current lease agreement, in full

10

force and effect, with 77 Dorrance, LLC for 25,812 square feet of space located at 77 Dorrance

11

Street in the City of Providence; and

12

     WHEREAS, The current lease expires on August 31, 2021 and the Department of Human

13

Services wishes to renew the lease agreement with 77 Dorrance, LLC for a period of five (5) years;

14

and

15

     WHEREAS, The State of Rhode Island, acting by and through the Rhode Island

16

Department of Human Services, attests to the fact that there are no clauses in the lease agreement

17

with 77 Dorrance, LLC that would interfere with the Department of Human Services lease

18

agreement or use of the facility; and

19

     WHEREAS, The leased premises provide a central location from which the Department of

20

Human Services can serve the needs of the Rhode Island community and otherwise further and

21

fulfill the mission of the Department; and

22

     WHEREAS, The annual rent in the agreement in the current fiscal year, ending June 30,

23

2021 is $395,791; and

24

     WHEREAS, The anticipated annual base rent (includes janitorial services) in each of the

25

five (5) years of the new lease term is not to exceed $412,992; and

26

     WHEREAS, The payment of the annual base rent will be made from funds available to the

27

Department of Human Services for the payments of rental and lease costs based on annual

28

appropriations made by the General Assembly; and

29

     WHEREAS, The State Properties Committee now respectfully requests the approval of the

30

House of Representatives and the Senate for the lease agreement between the Department of

31

Human Services and 77 Dorrance, LLC, for the facility located at 77 Dorrance Street in the City of

32

Providence; now therefore be it

33

     RESOLVED, That this General Assembly of the State of Rhode Island hereby approves

34

the lease agreement, for a lease term not to exceed five (5) years and an aggregate base rent not to

 

Art11
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
(Page 9 of 10)

1

exceed $2,064,960; and it be further

2

     RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly

3

certified copies of this resolution to the Governor, the Director of the Department of Human

4

Services, the Director of Administration, the State Budget Officer, and the Chair of the State

5

Properties Committee.

6

     SECTION 10. This article shall take effect upon passage.

 

Art11
RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE
(Page 10 of 10)

=======

art.012/5/012/4/012/3/012/2/012/1

=======

1

     ARTICLE 12

2

RELATING TO MEDICAL ASSISTANCE

3

     SECTION 1. Sections 40-6-27 and 40-6-27.2 of the General Laws in Chapter 40-6 entitled

4

“Public Assistance Act” is hereby amended to read as follows:

5

     40-6-27. Supplemental Security Income.

6

     (a)(1) The director of the department is hereby authorized to enter into agreements on

7

behalf of the state with the secretary of the Department of Health and Human Services or other

8

appropriate federal officials, under the Supplementary Security Income (SSI) program established

9

by title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., concerning the administration and

10

determination of eligibility for SSI benefits for residents of this state, except as otherwise provided

11

in this section. The state's monthly share of supplementary assistance to the Supplementary Security

12

Income program shall be as follows:

13

     (i) Individual living alone: $39.92

14

     (ii) Individual living with others: $51.92

15

     (iii) Couple living alone: $79.38

16

     (iv) Couple living with others: $97.30

17

     (v) Individual living in state licensed assisted living residence: $332.00

18

     (vi) Individual eligible to receive Medicaid-funded long-term services and supports and

19

living in a Medicaid-certified state-licensed assisted-living residence or adult supportive-care

20

residence, as defined in § 23-17.24-1, participating in the program authorized under § 40-8.13-12

21

or an alternative, successor, or substitute program or delivery option designated for such purposes

22

by the secretary of the executive office of health and human services:

23

     (A) With countable income above one hundred and twenty (120) percent of poverty: up to

24

$465.00;

25

     (B) With countable income at or below one hundred and twenty (120) percent of poverty:

26

up to the total amount established in (v) and $465: $797

27

     (vii) Individual living in state-licensed supportive residential-care settings that, depending

28

on the population served, meet the standards set by the department of human services in conjunction

29

with the department(s) of children, youth and families, elderly affairs and/or behavioral healthcare,

30

developmental disabilities and hospitals: $300.00.

 

1

     Provided, however, that the department of human services shall by regulation reduce,

2

effective January 1, 2009, the state's monthly share of supplementary assistance to the

3

Supplementary Security Income (SSI) program for each of the above-listed payment levels, by the

4

same value as the annual federal cost of living adjustment to be published by the federal Social

5

Security Administration in October 2008 and becoming effective on January 1, 2009, as determined

6

under the provisions of title XVI of the federal Social Security Act [42 U.S.C. § 1381 et seq.]; and

7

provided further, that it is the intent of the general assembly that the January 1, 2009, reduction in

8

the state's monthly share shall not cause a reduction in the combined federal and state payment

9

level for each category of recipients in effect in the month of December 2008; provided further,

10

that the department of human services is authorized and directed to provide for payments to

11

recipients in accordance with the above directives.

12

     (2) As of July 1, 2010, state supplement payments shall not be federally administered and

13

shall be paid directly by the department of human services to the recipient.

14

     (3) Individuals living in institutions shall receive a twenty dollar ($20.00) per month

15

personal needs allowance from the state that shall be in addition to the personal needs allowance

16

allowed by the Social Security Act, 42 U.S.C. § 301 et seq.

17

     (4) Individuals living in state-licensed supportive residential-care settings and assisted-

18

living residences who are receiving SSI supplemental payments under this section who are

19

participating in the program under § 40-8.13-12 or an alternative, successor, or substitute program

20

or delivery option, or otherwise shall be allowed to retain a minimum personal needs allowance of

21

fifty-five dollars ($55.00) per month from their SSI monthly benefit prior to payment of any

22

monthly fees in addition to any amounts established in an administrative rule promulgated by the

23

secretary of the executive office of health and human services for persons eligible to receive

24

Medicaid-funded long-term services and supports in the settings identified in subsections (a)(1)(v)

25

and (a)(1)(vi).

26

     (5) Except as authorized for the program authorized under § 40-8.13-12 or an alternative,

27

successor, or substitute program, or delivery option designated by the secretary to ensure that

28

supportive residential care or an assisted-living residence is a safe and appropriate service setting,

29

the The department is authorized and directed to make a determination of the medical need and

30

whether a setting provides the appropriate services for those persons who:

31

     (i) Have applied for or are receiving SSI, and who apply for admission to supportive

32

residential care setting and assisted living residences on or after October 1, 1998; or

33

     (ii) Who are residing in supportive residential care settings and assisted living residences,

34

and who apply for or begin to receive SSI on or after October 1, 1998.

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 2 of 30)

1

     (6) The process for determining medical need required by subsection (a)(5) of this section

2

shall be developed by the executive office of health and human services in collaboration with the

3

departments of that office and shall be implemented in a manner that furthers the goals of

4

establishing a statewide coordinated long-term care entry system as required pursuant to the

5

Medicaid section 1115 waiver demonstration.

6

     (7) To assure access to high quality coordinated services, the executive office of health and

7

human services is further authorized and directed to establish certification or contract standards

8

that must be met by those state-licensed supportive residential-care settings, including adult

9

supportive-care homes and assisted-living residences admitting or serving any persons eligible for

10

state-funded supplementary assistance under this section or the program established under § 40-

11

8.13-12. Such certification or contract standards shall define:

12

     (i) The scope and frequency of resident assessments, the development and implementation

13

of individualized service plans, staffing levels and qualifications, resident monitoring, service

14

coordination, safety risk management and disclosure, and any other related areas;

15

     (ii) The procedures for determining whether the certifications or contract standards have

16

been met; and

17

     (iii) The criteria and process for granting a one time, short-term good cause exemption

18

from the certification or contract standards to a licensed supportive residential care setting or

19

assisted living residence that provides documented evidence indicating that meeting or failing to

20

meet said standards poses an undue hardship on any person eligible under this section who is a

21

prospective or current resident.

22

     (8) The certification or contract standards required by this section or § 40-8.13-12 or an

23

alternative, successor, or substitute program, or delivery option designated by the secretary shall

24

be developed in collaboration by the departments, under the direction of the executive office of

25

health and human services, so as to ensure that they comply with applicable licensure regulations

26

either in effect or in development.

27

     (b) The department is authorized and directed to provide additional assistance to

28

individuals eligible for SSI benefits for:

29

     (1) Moving costs or other expenses as a result of an emergency of a catastrophic nature

30

which is defined as a fire or natural disaster; and

31

     (2) Lost or stolen SSI benefit checks or proceeds of them; and

32

     (3) Assistance payments to SSI eligible individuals in need because of the application of

33

federal SSI regulations regarding estranged spouses; and the department shall provide such

34

assistance, in a form and amount, which the department shall by regulation determine.

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 3 of 30)

1

     40-6-27.2. Supplementary cash assistance payment for certain Supplemental Security

2

Income recipients.

3

     There is hereby established a $206 monthly payment for disabled and elderly individuals

4

who, on or after July 1, 2012, receive the state supplementary assistance payment for an individual

5

in a state-licensed assisted-living residence under § 40-6-27 and further reside in an assisted-living

6

facility that is not eligible to receive funding under Title XIX of the Social Security Act, 42 U.S.C.

7

§ 1381 et seq., or reside in any assisted-living facility financed by the Rhode Island housing and

8

mortgage finance corporation prior to January 1, 2006, and receive a payment under § 40-6-27. The

9

monthly payment shall not be made on behalf of persons participating in the program authorized

10

under § 40-8.13-12 or an alternative, successor, or substitute program, or delivery option designated

11

for such purposes by the secretary of the executive office of health and human services.

12

     SECTION 2. Section 40-8-4 and 40-8-26 of the General Laws in Chapter 40-8 entitled

13

“Medical Assistance” is hereby amended to read as follows:

14

     40-8-4. Direct vendor payment plan.

15

     (a) The department shall furnish medical care benefits to eligible beneficiaries through a

16

direct vendor payment plan. The plan shall include, but need not be limited to, any or all of the

17

following benefits, which benefits shall be contracted for by the director:

18

     (1) Inpatient hospital services, other than services in a hospital, institution, or facility for

19

tuberculosis or mental diseases;

20

     (2) Nursing services for the period of time as the director shall authorize;

21

     (3) Visiting nurse service;

22

     (4) Drugs for consumption either by inpatients or by other persons for whom they are

23

prescribed by a licensed physician;

24

     (5) Dental services; and

25

     (6) Hospice care up to a maximum of two hundred and ten (210) days as a lifetime benefit.

26

     (b) For purposes of this chapter, the payment of federal Medicare premiums or other health

27

insurance premiums by the department on behalf of eligible beneficiaries in accordance with the

28

provisions of Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., shall be deemed

29

to be a direct vendor payment.

30

     (c) With respect to medical care benefits furnished to eligible individuals under this chapter

31

or Title XIX of the federal Social Security Act, the department is authorized and directed to impose:

32

     (1) Nominal co-payments or similar charges upon eligible individuals for non-emergency

33

services provided in a hospital emergency room; and

34

     (2) Co-payments for prescription drugs in the amount of one dollar ($1.00) for generic drug

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 4 of 30)

1

prescriptions and three dollars ($3.00) for brand-name drug prescriptions in accordance with the

2

provisions of 42 U.S.C. § 1396 et seq.

3

     (d) The department is authorized and directed to promulgate rules and regulations to

4

impose co-payments or charges and to provide that, with respect to subsection (c)(2), those

5

regulations shall be effective upon filing.

6

     (e)(c) No state agency shall pay a vendor for medical benefits provided to a recipient of

7

assistance under this chapter until and unless the vendor has submitted a claim for payment to a

8

commercial insurance plan, Medicare, and/or a Medicaid managed care plan, if applicable for that

9

recipient, in that order. This includes payments for skilled nursing and therapy services specifically

10

outlined in Chapters 7, 8, and 15 of the Medicare Benefit Policy Manual.

11

     40-8-26. Community health centers.

12

     (a) For the purposes of this section, the term community health centers refers to federally

13

qualified health centers and rural health centers.

14

     (b) To support the ability of community health centers to provide high-quality medical care

15

to patients, the executive office of health and human services ("executive office") shall may adopt

16

and implement an alternative payment methodology (APM) for determining a Medicaid per-visit

17

reimbursement for community health centers that is compliant with the prospective payment system

18

(PPS) provided for in the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection

19

Act of 20001. The following principles are to ensure that the APM PPS prospective payment rate

20

determination methodology is part of the executive office overall value purchasing approach. For

21

community health centers that do not agree to the Principles of Reimbursement that reflects the

22

APM PPS, EOHHS shall reimburse such community health centers at the federal PPS rate, as

23

required per 1902(bb)(3) of the Social Security Act. For community health centers that are

24

reimbursed at the federal PPS rate, RIGL Sections 40-8-26(d) through (f) apply.

25

     (c) The APM PPS rate determination methodology will (i) Fairly recognize the reasonable

26

costs of providing services. Recognized reasonable costs will be those appropriate for the

27

organization, management, and direct provision of services and (ii) Provide assurances to the

28

executive office that services are provided in an effective and efficient manner, consistent with

29

industry standards. Except for demonstrated cause and at the discretion of the executive office, the

30

maximum reimbursement rate for a service (e.g., medical, dental) provided by an individual

31

community health center shall not exceed one hundred twenty-five percent (125%) of the median

32

rate for all community health centers within Rhode Island.

33

     (d) Community health centers will cooperate fully and timely with reporting requirements

34

established by the executive office.

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 5 of 30)

1

     (e) Reimbursement rates established through this methodology shall be incorporated into

2

the PPS reconciliation for services provided to Medicaid-eligible persons who are enrolled in a

3

health plan on the date of service. Monthly payments by the executive office related to PPS for

4

persons enrolled in a health plan shall be made directly to the community health centers.

5

     (f) Reimbursement rates established through this methodology shall be incorporated into

6

the actuarially certified capitation rates paid to a health plan. The health plan shall be responsible

7

for paying the full amount of the reimbursement rate to the community health center for each

8

service eligible for reimbursement under the Medicare, Medicaid, and SCHIP Benefits

9

Improvement and Protection Act of 20001. If the health plan has an alternative payment

10

arrangement with the community health center the health plan may establish a PPS reconciliation

11

process for eligible services and make monthly payments related to PPS for persons enrolled in the

12

health plan on the date of service. The executive office will review, at least annually, the Medicaid

13

reimbursement rates and reconciliation methodology used by the health plans for community health

14

centers to ensure payments to each are made in compliance with the Medicare, Medicaid, and

15

SCHIP Benefits Improvement and Protection Act of 20001.

16

     SECTION 3. Sections 40-8.3-2, 40-8.3-3 and 40-8.3-10 of the General Laws in Chapter

17

40-8.3 entitled “Uncompensated Care” are hereby amended to read as follows:

18

     40-8.3-2. Definitions.

19

     As used in this chapter:

20

     (1) "Base year" means, for the purpose of calculating a disproportionate share payment for

21

any fiscal year ending after September 30, 2018 2020, the period from October 1, 2016 2018,

22

through September 30, 2017 2019, and for any fiscal year ending after September 30, 2019 2021,

23

the period from October 1, 2016 2019, through September 30, 2017 2020.

24

     (2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a

25

percentage), the numerator of which is the hospital's number of inpatient days during the base year

26

attributable to patients who were eligible for medical assistance during the base year and the

27

denominator of which is the total number of the hospital's inpatient days in the base year.

28

     (3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:

29

     (i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year

30

and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to

31

§ 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless

32

of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23-

33

17-6(b) (change in effective control), that provides short-term, acute inpatient and/or outpatient

34

care to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 6 of 30)

1

pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed-care

2

payment rates for a court-approved purchaser that acquires a hospital through receivership, special

3

mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued

4

a hospital license after January 1, 2013), shall be based upon the newly negotiated rates between

5

the court-approved purchaser and the health plan, and the rates shall be effective as of the date that

6

the court-approved purchaser and the health plan execute the initial agreement containing the newly

7

negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient

8

hospital payments set forth in §§ 40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall

9

thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1

10

following the completion of the first full year of the court-approved purchaser's initial Medicaid

11

managed-care contract;

12

     (ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%)

13

during the base year; and

14

     (iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during

15

the payment year.

16

     (4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred

17

by such hospital during the base year for inpatient or outpatient services attributable to charity care

18

(free care and bad debts) for which the patient has no health insurance or other third-party coverage

19

less payments, if any, received directly from such patients; and (ii) The cost incurred by such

20

hospital during the base year for inpatient or out-patient services attributable to Medicaid

21

beneficiaries less any Medicaid reimbursement received therefor; multiplied by the

22

uncompensated-care index.

23

     (5) "Uncompensated-care index" means the annual percentage increase for hospitals

24

established pursuant to § 27-19-14 for each year after the base year, up to and including the payment

25

year; provided, however, that the uncompensated-care index for the payment year ending

26

September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%), and

27

that the uncompensated-care index for the payment year ending September 30, 2008, shall be

28

deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care

29

index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight

30

hundredths percent (5.38%), and that the uncompensated-care index for the payment years ending

31

September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September

32

30, 2014, September 30, 2015, September 30, 2016, September 30, 2017, September 30, 2018,

33

September 30, 2019, and September 30, 2020, September 30, 2021, and September 30, 2022 shall

34

be deemed to be five and thirty hundredths percent (5.30%).

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 7 of 30)

1

     40-8.3-3. Implementation.

2

     (a) For federal fiscal year 2018, commencing on October 1, 2017, and ending September

3

30, 2018, the executive office of health and human services shall submit to the Secretary of the

4

United States Department of Health and Human Services a state plan amendment to the Rhode

5

Island Medicaid DSH Plan to provide:

6

     (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of

7

$138.6 million, shall be allocated by the executive office of health and human services to the Pool

8

D component of the DSH Plan; and

9

     (2) That the Pool D allotment shall be distributed among the participating hospitals in direct

10

proportion to the individual participating hospital's uncompensated care costs for the base year,

11

inflated by the uncompensated care index to the total uncompensated care costs for the base year

12

inflated by uncompensated care index for all participating hospitals. The disproportionate share

13

payments shall be made on or before July 10, 2018, and are expressly conditioned upon approval

14

on or before July 5, 2018, by the Secretary of the United States. Department of Health and Human

15

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

16

to secure for the state the benefit of federal financial participation in federal fiscal year 2018 for

17

the disproportionate share payments.

18

     (b) For federal fiscal year 2019, commencing on October 1, 2018, and ending September

19

30, 2019, the executive office of health and human services shall submit to the Secretary of the

20

United States Department of Health and Human Services a state plan amendment to the Rhode

21

Island Medicaid DSH Plan to provide:

22

     (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of

23

$142.4 million, shall be allocated by the executive office of health and human services to the Pool

24

D component of the DSH Plan; and

25

     (2) That the Pool D allotment shall be distributed among the participating hospitals in direct

26

proportion to the individual participating hospital's uncompensated care costs for the base year,

27

inflated by the uncompensated care index to the total uncompensated care costs for the base year

28

inflated by uncompensated care index for all participating hospitals. The disproportionate share

29

payments shall be made on or before July 10, 2019, and are expressly conditioned upon approval

30

on or before July 5, 2019, by the Secretary of the United States Department of Health and Human

31

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

32

to secure for the state the benefit of federal financial participation in federal fiscal year 2019 for

33

the disproportionate share payments.

34

     (c) (a) For federal fiscal year 2020, commencing on October 1, 2019, and ending September

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 8 of 30)

1

30, 2020, the executive office of health and human services shall submit to the Secretary of the

2

United States Department of Health and Human Services a state plan amendment to the Rhode

3

Island Medicaid DSH Plan to provide:

4

     (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of

5

$142.4 million, shall be allocated by the executive office of health and human services to the Pool

6

D component of the DSH Plan; and

7

     (2) That the Pool D allotment shall be distributed among the participating hospitals in direct

8

proportion to the individual participating hospital's uncompensated-care costs for the base year,

9

inflated by the uncompensated-care index to the total uncompensated-care costs for the base year

10

inflated by uncompensated-care index for all participating hospitals. The disproportionate share

11

payments shall be made on or before July 13, 2020, and are expressly conditioned upon approval

12

on or before July 6, 2020, by the Secretary of the United States Department of Health and Human

13

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

14

to secure for the state the benefit of federal financial participation in federal fiscal year 2020 for

15

the disproportionate share payments.

16

     (b) For federal fiscal year 2021, commencing on October 1, 2020, and ending September

17

30, 2021, the executive office of health and human services shall submit to the Secretary of the

18

U.S. Department of Health and Human Services a state plan amendment to the Rhode Island

19

Medicaid DSH Plan to provide:

20

     (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of

21

$142.5 million, shall be allocated by the executive office of health and human services to the Pool

22

D component of the DSH Plan; and

23

     (2) That the Pool D allotment shall be distributed among the participating hospitals in direct

24

proportion to the individual participating hospital's uncompensated care costs for the base year,

25

inflated by the uncompensated care index to the total uncompensated care costs for the base year

26

inflated by uncompensated care index for all participating hospitals. The disproportionate share

27

payments shall be made on or before July 12, 2021, and are expressly conditioned upon approval

28

on or before July 5, 2021, by the Secretary of the U.S. Department of Health and Human Services,

29

or his or her authorized representative, of all Medicaid state plan amendments necessary to secure

30

for the state the benefit of federal financial participation in federal fiscal year 2021 for the

31

disproportionate share payments.

32

     (c) For federal fiscal year 2022, commencing on October 1, 2021, and ending September

33

30, 2022, the executive office of health and human services shall submit to the Secretary of the

34

U.S. Department of Health and Human Services a state plan amendment to the Rhode Island

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 9 of 30)

1

Medicaid DSH Plan to provide:

2

     (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of

3

$143.8 million, shall be allocated by the executive office of health and human services to the Pool

4

D component of the DSH Plan; and

5

     (2) That the Pool D allotment shall be distributed among the participating hospitals in direct

6

proportion to the individual participating hospital's uncompensated care costs for the base year,

7

inflated by the uncompensated care index to the total uncompensated care costs for the base year

8

inflated by uncompensated care index for all participating hospitals. The disproportionate share

9

payments shall be made on or before July 12, 2022, and are expressly conditioned upon approval

10

on or before July 5, 2022, by the Secretary of the U.S. Department of Health and Human Services,

11

or his or her authorized representative, of all Medicaid state plan amendments necessary to secure

12

for the state the benefit of federal financial participation in federal fiscal year 2022 for the

13

disproportionate share payments.

14

     (d) No provision is made pursuant to this chapter for disproportionate-share hospital

15

payments to participating hospitals for uncompensated-care costs related to graduate medical

16

education programs.

17

     (e) The executive office of health and human services is directed, on at least a monthly

18

basis, to collect patient-level uninsured information, including, but not limited to, demographics,

19

services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.

20

     40-8.3-10. Hospital adjustment payments.

21

     Effective July 1, 2012 2021, and for each subsequent year, the executive office of health

22

and human services is hereby authorized and directed to amend its regulations for reimbursement

23

to hospitals for inpatient and outpatient services as follows:

24

     (a) Each hospital in the state of Rhode Island, as defined in § 23-17-38.1, shall receive a

25

quarterly outpatient adjustment payment each state fiscal year of an amount determined as follows:

26

     (1) Determine the percent of the state's total Medicaid outpatient and emergency

27

department services (exclusive of physician services) provided by each hospital during each

28

hospital's prior fiscal year;

29

     (2) Determine the sum of all Medicaid payments to hospitals made for outpatient and

30

emergency department services (exclusive of physician services) provided during each hospital's

31

prior fiscal year;

32

     (3) Multiply the sum of all Medicaid payments as determined in subsection (a)(2) by a

33

percentage defined as the total identified upper payment limit for all hospitals divided by the sum

34

of all Medicaid payments as determined in subsection (a)(2); and then multiply that result by each

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 10 of 30)

1

hospital's percentage of the state's total Medicaid outpatient and emergency department services as

2

determined in subsection (a)(1) to obtain the total outpatient adjustment for each hospital to be paid

3

each year;

4

     (4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one quarter

5

(1/4) of its total outpatient adjustment as determined in subsection (a)(3).

6

     (b) [Deleted by P.L. 2019, ch. 88, art. 13, § 6.]

7

     (c) 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)(d) The amounts determined in subsection subsections (a) and (c) are in addition to

22

Medicaid inpatient and outpatient payments and emergency services payments (exclusive of

23

physician services) paid to hospitals in accordance with current state regulation and the Rhode

24

Island Plan for Medicaid Assistance pursuant to Title XIX of the Social Security Act and are not

25

subject to recoupment or settlement.

26

     SECTION 4. Section 15 of Article 5 of Chapter 141 of the Public Laws of 2015 is hereby

27

repealed.

28

     A pool is hereby established of up to $4.0 million to support Medicaid Graduate Education

29

funding for Academic Medical Centers who provide care to the state’s critically ill and indigent

30

populations. The office of Health and Human Services shall utilize this pool to provide up to $5

31

million per year in additional Medicaid payments to support Graduate Medical Education programs

32

to hospitals meeting all of the following criteria:

33

     (a) Hospital must have a minimum of 25,000 inpatient discharges per year for all patients

34

regardless of coverage.

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 11 of 30)

1

     (b) Hospital must be designated as Level I Trauma Center.

2

     (c) Hospital must provide graduate medical education training for at least 250 interns and

3

residents per year.

4

     The Secretary of the Executive Office of Health and Human Services shall determine the

5

appropriate Medicaid payment mechanism to implement this program and amend any state plan

6

documents required to implement the payments.

7

     Payments for Graduate Medical Education programs shall be made annually.

8

     SECTION 5. Section 40-8.4-12 of the General Laws in Chapter 40-8.4 entitled "Health

9

Care for Families" is hereby amended to read as follows:

10

     40-8.4-12. RIte Share health insurance premium assistance program.

11

     (a) Basic RIte Share health insurance premium assistance program. Under the terms of

12

Section 1906 of Title XIX of the U.S. Social Security Act, 42 U.S.C. § 1396e, states are permitted

13

to pay a Medicaid-eligible person's share of the costs for enrolling in employer-sponsored health

14

insurance (ESI) coverage if it is cost-effective to do so. Pursuant to the general assembly's direction

15

in the Rhode Island health reform act of 2000, the Medicaid agency requested and obtained federal

16

approval under § 1916, 42 U.S.C. § 1396o, to establish the RIte Share premium assistance program

17

to subsidize the costs of enrolling Medicaid-eligible persons and families in employer-sponsored

18

health insurance plans that have been approved as meeting certain cost and coverage requirements.

19

The Medicaid agency also obtained, at the general assembly's direction, federal authority to require

20

any such persons with access to ESI coverage to enroll as a condition of retaining eligibility

21

providing that doing so meets the criteria established in Title XIX for obtaining federal matching

22

funds.

23

     (b) Definitions. For the purposes of this section, the following definitions apply:

24

     (1) "Cost-effective" means that the portion of the ESI that the state would subsidize, as

25

well as wrap-around costs, would on average cost less to the state than enrolling that same

26

person/family in a managed-care delivery system.

27

     (2) "Cost sharing" means any co-payments, deductibles, or co-insurance associated with

28

ESI.

29

     (3) "Employee premium" means the monthly premium share a person or family is required

30

to pay to the employer to obtain and maintain ESI coverage.

31

     (4) "Employer-sponsored insurance" or "ESI" means health insurance or a group health

32

plan offered to employees by an employer. This includes plans purchased by small employers

33

through the state health insurance marketplace, healthsource, RI (HSRI).

34

     (5) "Policy holder" means the person in the household with access to ESI, typically the

 

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RELATING TO MEDICAL ASSISTANCE
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1

employee.

2

     (6) "RIte Share-approved employer-sponsored insurance (ESI)" means an employer-

3

sponsored health insurance plan that meets the coverage and cost-effectiveness criteria for RIte

4

Share.

5

     (7) "RIte Share buy-in" means the monthly amount an Medicaid-ineligible policy holder

6

must pay toward RIte Share-approved ESI that covers the Medicaid-eligible children, young adults,

7

or spouses with access to the ESI. The buy-in only applies in instances when household income is

8

above one hundred fifty percent (150%) of the FPL.

9

     (8) "RIte Share premium assistance program" means the Rhode Island Medicaid premium

10

assistance program in which the State pays the eligible Medicaid member's share of the cost of

11

enrolling in a RIte Share-approved ESI plan. This allows the state to share the cost of the health

12

insurance coverage with the employer.

13

     (9) "RIte Share unit" means the entity within the executive office of health and human

14

services (EOHHS) responsible for assessing the cost-effectiveness of ESI, contacting employers

15

about ESI as appropriate, initiating the RIte Share enrollment and disenrollment process, handling

16

member communications, and managing the overall operations of the RIte Share program.

17

     (10) "Third-party liability (TPL)" means other health insurance coverage. This insurance

18

is in addition to Medicaid and is usually provided through an employer. Since Medicaid is always

19

the payer of last resort, the TPL is always the primary coverage.

20

     (11) "Wrap-around services or coverage" means any healthcare services not included in

21

the ESI plan that would have been covered had the Medicaid member been enrolled in a RIte Care

22

or Rhody Health Partners plan. Coverage of deductibles and co-insurance is included in the wrap.

23

Co-payments to providers are not covered as part of the wrap-around coverage.

24

     (c) RIte Share populations. Medicaid beneficiaries subject to RIte Share include: children,

25

families, parent and caretakers eligible for Medicaid or the children's health insurance program

26

(CHIP) under this chapter or chapter 12.3 of title 42; and adults between the ages of nineteen (19)

27

and sixty-four (64) who are eligible under chapter 8.12 of this title, not receiving or eligible to

28

receive Medicare, and are enrolled in managed care delivery systems. The following conditions

29

apply:

30

     (1) The income of Medicaid beneficiaries shall affect whether and in what manner they

31

must participate in RIte Share as follows:

32

     (i) Income at or below one hundred fifty percent (150%) of FPL -- Persons and families

33

determined to have household income at or below one hundred fifty percent (150%) of the federal

34

poverty level (FPL) guidelines based on the modified adjusted gross income (MAGI) standard or

 

Art12
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1

other standard approved by the secretary are required to participate in RIte Share if a Medicaid-

2

eligible adult or parent/caretaker has access to cost-effective ESI. Enrolling in ESI through RIte

3

Share shall be a condition of maintaining Medicaid health coverage for any eligible adult with

4

access to such coverage.

5

     (ii) Income above one hundred fifty percent (150%) of FPL and policy holder is not

6

Medicaid-eligible -- Premium assistance is available when the household includes Medicaid-

7

eligible members, but the ESI policy holder (typically a parent/caretaker, or spouse) is not eligible

8

for Medicaid. Premium assistance for parents/caretakers and other household members who are not

9

Medicaid-eligible may be provided in circumstances when enrollment of the Medicaid-eligible

10

family members in the approved ESI plan is contingent upon enrollment of the ineligible policy

11

holder and the executive office of health and human services (executive office) determines, based

12

on a methodology adopted for such purposes, that it is cost-effective to provide premium assistance

13

for family or spousal coverage.

14

     (d) RIte Share enrollment as a condition of eligibility. For Medicaid beneficiaries over the

15

age of nineteen (19), enrollment in RIte Share shall be a condition of eligibility except as exempted

16

below and by regulations promulgated by the executive office.

17

     (1) Medicaid-eligible children and young adults up to age nineteen (19) shall not be

18

required to enroll in a parent/caretaker relative's ESI as a condition of maintaining Medicaid

19

eligibility if the person with access to RIte Share-approved ESI does not enroll as required. These

20

Medicaid-eligible children and young adults shall remain eligible for Medicaid and shall be

21

enrolled in a RIte Care plan.

22

     (2) There shall be a limited six-month (6) exemption from the mandatory enrollment

23

requirement for persons participating in the RI works program pursuant to chapter 5.2 of this title.

24

     (e) Approval of health insurance plans for premium assistance. The executive office of

25

health and human services shall adopt regulations providing for the approval of employer-based

26

health insurance plans for premium assistance and shall approve employer-based health insurance

27

plans based on these regulations. In order for an employer-based health insurance plan to gain

28

approval, the executive office must determine that the benefits offered by the employer-based

29

health insurance plan are substantially similar in amount, scope, and duration to the benefits

30

provided to Medicaid-eligible persons enrolled in a Medicaid managed care plan, when the plan is

31

evaluated in conjunction with available supplemental benefits provided by the office. The office

32

shall obtain and make available to persons otherwise eligible for Medicaid identified in this section

33

as supplemental benefits those benefits not reasonably available under employer-based health

34

insurance plans that are required for Medicaid beneficiaries by state law or federal law or

 

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1

regulation. Once it has been determined by the Medicaid agency that the ESI offered by a particular

2

employer is RIte Share-approved, all Medicaid members with access to that employer's plan are

3

required to participate in RIte Share. Failure to meet the mandatory enrollment requirement shall

4

result in the termination of the Medicaid eligibility of the policy holder and other Medicaid

5

members nineteen (19) or older in the household who could be covered under the ESI until the

6

policy holder complies with the RIte Share enrollment procedures established by the executive

7

office.

8

     (f) Premium assistance. The executive office shall provide premium assistance by paying

9

all or a portion of the employee's cost for covering the eligible person and/or his or her family under

10

such a RIte Share-approved ESI plan subject to the buy-in provisions in this section.

11

     (g) Buy-in. Persons who can afford it shall share in the cost. -- The executive office is

12

authorized and directed to apply for and obtain any necessary state plan and/or waiver amendments

13

from the Secretary of the United States Department of Health and Human Services (DHHS) to

14

require that persons enrolled in a RIte Share-approved employer-based health plan who have

15

income equal to or greater than one hundred fifty percent (150%) of the FPL to buy-in to pay a

16

share of the costs based on the ability to pay, provided that the buy-in cost shall not exceed five

17

percent (5%) of the person's annual income. The executive office shall implement the buy-in by

18

regulation, and shall consider co-payments, premium shares, or other reasonable means to do so.

19

     (h) Maximization of federal contribution. The executive office of health and human

20

services is authorized and directed to apply for and obtain federal approvals and waivers necessary

21

to maximize the federal contribution for provision of medical assistance coverage under this

22

section, including the authorization to amend the Title XXI state plan and to obtain any waivers

23

necessary to reduce barriers to provide premium assistance to recipients as provided for in Title

24

XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.

25

     (i) Implementation by regulation. The executive office of health and human services is

26

authorized and directed to adopt regulations to ensure the establishment and implementation of the

27

premium assistance program in accordance with the intent and purpose of this section, the

28

requirements of Title XIX, Title XXI, and any approved federal waivers.

29

     (j) Outreach and reporting. The executive office of health and human services shall develop

30

a plan to identify Medicaid-eligible individuals who have access to employer-sponsored insurance

31

and increase the use of RIte Share benefits. Beginning October 1, 2019, the executive office shall

32

submit the plan to be included as part of the reporting requirements under § 35-17-1. Starting

33

January 1, 2020, the executive office of health and human services shall include the number of

34

Medicaid recipients with access to employer-sponsored insurance, the number of plans that did not

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 15 of 30)

1

meet the cost-effectiveness criteria for RIte Share, and enrollment in the premium assistance

2

program as part of the reporting requirements under § 35-17-1.

3

     (k) Employer Sponsored Insurance. The Executive Office of Health and Human Services

4

shall dedicate staff and resources to reporting monthly as part of the requirements under § 35-17-1

5

which employer sponsored insurance plans meet the cost effectiveness criteria for RIte Share.

6

Information in the report shall be used for screening for Medicaid enrollment to encourage Rite

7

Share participation. By October 1, 2021, the report shall include any employers with 300 or more

8

employees. By January 1, 2022, the report shall include employers with 100 or more employees.

9

The January report shall also be provided to the chairperson of the house finance committee; the

10

chairperson of the senate finance committee; the house fiscal advisor; the senate fiscal advisor; and

11

the state budget officer..

12

     SECTION 6. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled “Medical

13

Assistance – Long-Term Care Service and Finance Reform” is hereby amended to read as follows:

14

     40-8.9-9. Long-term-care rebalancing system reform goal.

15

     (a) Notwithstanding any other provision of state law, the executive office of health and

16

human services is authorized and directed to apply for, and obtain, any necessary waiver(s), waiver

17

amendment(s), and/or state-plan amendments from the Secretary of the United States Department

18

of Health and Human Services, and to promulgate rules necessary to adopt an affirmative plan of

19

program design and implementation that addresses the goal of allocating a minimum of fifty percent

20

(50%) of Medicaid long-term-care funding for persons aged sixty-five (65) and over and adults

21

with disabilities, in addition to services for persons with developmental disabilities, to home- and

22

community-based care; provided, further, the executive office shall report annually as part of its

23

budget submission, the percentage distribution between institutional care and home- and

24

community-based care by population and shall report current and projected waiting lists for long-

25

term-care and home- and community-based care services. The executive office is further authorized

26

and directed to prioritize investments in home- and community-based care and to maintain the

27

integrity and financial viability of all current long-term-care services while pursuing this goal.

28

     (b) The reformed long-term-care system rebalancing goal is person-centered and

29

encourages individual self-determination, family involvement, interagency collaboration, and

30

individual choice through the provision of highly specialized and individually tailored home-based

31

services. Additionally, individuals with severe behavioral, physical, or developmental disabilities

32

must have the opportunity to live safe and healthful lives through access to a wide range of

33

supportive services in an array of community-based settings, regardless of the complexity of their

34

medical condition, the severity of their disability, or the challenges of their behavior. Delivery of

 

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RELATING TO MEDICAL ASSISTANCE
(Page 16 of 30)

1

services and supports in less-costly and less-restrictive community settings will enable children,

2

adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term-care

3

institutions, such as behavioral health residential-treatment facilities, long-term-care hospitals,

4

intermediate-care facilities, and/or skilled nursing facilities.

5

     (c) Pursuant to federal authority procured under § 42-7.2-16, the executive office of health

6

and human services is directed and authorized to adopt a tiered set of criteria to be used to determine

7

eligibility for services. The criteria shall be developed in collaboration with the state's health and

8

human services departments and, to the extent feasible, any consumer group, advisory board, or

9

other entity designated for these purposes, and shall encompass eligibility determinations for long-

10

term-care services in nursing facilities, hospitals, and intermediate-care facilities for persons with

11

intellectual disabilities, as well as home- and community-based alternatives, and shall provide a

12

common standard of income eligibility for both institutional and home- and community-based care.

13

The executive office is authorized to adopt clinical and/or functional criteria for admission to a

14

nursing facility, hospital, or intermediate-care facility for persons with intellectual disabilities that

15

are more stringent than those employed for access to home- and community-based services. The

16

executive office is also authorized to promulgate rules that define the frequency of re-assessments

17

for services provided for under this section. Levels of care may be applied in accordance with the

18

following:

19

     (1) The executive office shall continue to apply the level-of-care criteria in effect on June

20

30, 2015, for any recipient determined eligible for and receiving Medicaid-funded long-term

21

services in supports in a nursing facility, hospital, or intermediate-care facility for persons with

22

intellectual disabilities on or before that date, unless:

23

     (i) The recipient transitions to home- and community-based services because he or she

24

would no longer meet the level-of-care criteria in effect on June 30, 2015; or

25

     (ii) The recipient chooses home- and community-based services over the nursing facility,

26

hospital, or intermediate-care facility for persons with intellectual disabilities. For the purposes of

27

this section, a failed community placement, as defined in regulations promulgated by the executive

28

office, shall be considered a condition of clinical eligibility for the highest level of care. The

29

executive office shall confer with the long-term-care ombudsperson with respect to the

30

determination of a failed placement under the ombudsperson's jurisdiction. Should any Medicaid

31

recipient eligible for a nursing facility, hospital, or intermediate-care facility for persons with

32

intellectual disabilities as of June 30, 2015, receive a determination of a failed community

33

placement, the recipient shall have access to the highest level of care; furthermore, a recipient who

34

has experienced a failed community placement shall be transitioned back into his or her former

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 17 of 30)

1

nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities

2

whenever possible. Additionally, residents shall only be moved from a nursing home, hospital, or

3

intermediate-care facility for persons with intellectual disabilities in a manner consistent with

4

applicable state and federal laws.

5

     (2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a

6

nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities shall

7

not be subject to any wait list for home- and community-based services.

8

     (3) No nursing home, hospital, or intermediate-care facility for persons with intellectual

9

disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds

10

that the recipient does not meet level-of-care criteria unless and until the executive office has:

11

     (i) Performed an individual assessment of the recipient at issue and provided written notice

12

to the nursing home, hospital, or intermediate-care facility for persons with intellectual disabilities

13

that the recipient does not meet level-of-care criteria; and

14

     (ii) The recipient has either appealed that level-of-care determination and been

15

unsuccessful, or any appeal period available to the recipient regarding that level-of-care

16

determination has expired.

17

     (d) The executive office is further authorized to consolidate all home- and community-

18

based services currently provided pursuant to 42 U.S.C. § 1396n into a single system of home- and

19

community-based services that include options for consumer direction and shared living. The

20

resulting single home- and community-based services system shall replace and supersede all 42

21

U.S.C. § 1396n programs when fully implemented. Notwithstanding the foregoing, the resulting

22

single program home- and community-based services system shall include the continued funding

23

of assisted-living services at any assisted-living facility financed by the Rhode Island housing and

24

mortgage finance corporation prior to January 1, 2006, and shall be in accordance with chapter 66.8

25

of title 42 as long as assisted-living services are a covered Medicaid benefit.

26

     (e) The executive office is authorized to promulgate rules that permit certain optional

27

services including, but not limited to, homemaker services, home modifications, respite, and

28

physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care

29

subject to availability of state-appropriated funding for these purposes.

30

     (f) To promote the expansion of home- and community-based service capacity, the

31

executive office is authorized to pursue payment methodology reforms that increase access to

32

homemaker, personal care (home health aide), assisted living, adult supportive-care homes, and

33

adult day services, as follows:

34

     (1) Development of revised or new Medicaid certification standards that increase access to

 

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RELATING TO MEDICAL ASSISTANCE
(Page 18 of 30)

1

service specialization and scheduling accommodations by using payment strategies designed to

2

achieve specific quality and health outcomes.

3

     (2) Development of Medicaid certification standards for state-authorized providers of adult

4

day services, excluding providers of services authorized under § 40.1-24-1(3), assisted living, and

5

adult supportive care (as defined under chapter 17.24 of title 23) that establish for each, an acuity-

6

based, tiered service and payment methodology tied to: licensure authority; level of beneficiary

7

needs; the scope of services and supports provided; and specific quality and outcome measures.

8

     The standards for adult day services for persons eligible for Medicaid-funded long-term

9

services may differ from those who do not meet the clinical/functional criteria set forth in § 40-

10

8.10-3.

11

     (3) As the state's Medicaid program seeks to assist more beneficiaries requiring long-term

12

services and supports in home- and community-based settings, the demand for home-care workers

13

has increased, and wages for these workers has not kept pace with neighboring states, leading to

14

high turnover and vacancy rates in the state's home-care industry, the executive office shall institute

15

a one-time increase in the base-payment rates for FY 2019, as described below, for home-care

16

service providers to promote increased access to and an adequate supply of highly trained home-

17

healthcare professionals, in amount to be determined by the appropriations process, for the purpose

18

of raising wages for personal care attendants and home health aides to be implemented by such

19

providers.

20

     (4)(i) A prospective base adjustment, effective not later than July 1, 2018, of ten percent

21

(10%) of the current base rate for home-care providers, home nursing care providers, and hospice

22

providers contracted with the executive office of health and human services and its subordinate

23

agencies to deliver Medicaid fee-for-service personal care attendant services.

24

     (5)(ii) A prospective base adjustment, effective not later than July 1, 2018, of twenty

25

percent (20%) of the current base rate for home-care providers, home nursing care providers, and

26

hospice providers contracted with the executive office of health and human services and its

27

subordinate agencies to deliver Medicaid fee-for-service skilled nursing and therapeutic services

28

and hospice care.

29

     (6)(iii) Effective upon passage of this section, hospice provider reimbursement, exclusively

30

for room and board expenses for individuals residing in a skilled nursing facility, shall revert to the

31

rate methodology in effect on June 30, 2018, and these room and board expenses shall be exempted

32

from any and all annual rate increases to hospice providers as provided for in this section.

33

     (7)(iv) On the first of July in each year, beginning on July 1, 2019, the executive office of

34

health and human services will initiate an annual inflation increase to the base rate for home-care

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 19 of 30)

1

providers, home nursing care providers, and hospice providers contracted with the executive office

2

and its subordinate agencies to deliver Medicaid fee-for-service personal care attendant services,

3

skilled nursing and therapeutic services and hospice care. The base rate increase shall be a

4

percentage amount equal to the New England Consumer Price Index card as determined by the

5

United States Department of Labor for medical care and for compliance with all federal and state

6

laws, regulations, and rules, and all national accreditation program requirements.

7

     (g) As the state's Medicaid program seeks to assist more beneficiaries requiring long-term

8

services and supports in home- and community-based settings, the demand for home-care workers

9

has increased, and wages for these workers has not kept pace with neighboring states, leading to

10

high turnover and vacancy rates in the state's home-care industry, to promote increased access to

11

and an adequate supply of direct care workers the executive office shall institute a payment

12

methodology change, in Medicaid fee-for-service and managed care, for FY 2022, which shall be

13

passed through directly to the direct care workers’ wages that are employed by home nursing care

14

and home care providers licensed by Rhode Island Department of Health, as described below:

15

     (1) Effective July 1, 2021, increase the existing shift differential modifier by $0.19 per

16

fifteen (15) minutes for Personal Care and Combined Personal Care/Homemaker.

17

     (i) Employers must pass on one-hundred percent (100%) of the shift differential modifier

18

increase per fifteen (15) minute unit of service to the CNAs that rendered such services. This

19

compensation shall be provided in addition to the rate of compensation that the employee was

20

receiving as of June 30, 2021. For an employee hired after June 30, 2021, the agency shall use not

21

less than the lowest compensation paid to an employee of similar functions and duties as of June

22

30, 2021 as the base compensation to which the increase is applied.

23

     (ii) Employers must provide to EOHHS an annual compliance statement showing wages

24

as of June 30, 2021, amounts received from the increases outlined herein, and compliance with this

25

section by July 1, 2022. EOHHS may adopt any additional necessary regulations and processes to

26

oversee this section.

27

     (2) Effective January 1, 2022, establish a new behavioral healthcare enhancement of $0.39

28

per fifteen (15) minutes for Personal Care, Combined Personal Care/Homemaker, and Homemaker

29

only for providers who have at least thirty percent (30%) of their direct care workers (which

30

includes Certified Nursing Assistants (CNA) and Homemakers) certified in behavioral healthcare

31

training.

32

     (i) Employers must pass on one-hundred percent (100%) of the behavioral healthcare

33

enhancement per fifteen (15) minute unit of service rendered by only those CNAs and Homemakers

34

who have completed the thirty (30) hour behavioral health certificate training program offered by

 

Art12
RELATING TO MEDICAL ASSISTANCE
(Page 20 of 30)

1

Rhode Island College, or a training program that is prospectively determined to be compliant per

2

EOHHS, to those CNAs and Homemakers. This compensation shall be provided in addition to the

3

rate of compensation that the employee was receiving as of December 31, 2021. For an employee

4

hired after December 31, 2021, the agency shall use not less than the lowest compensation paid to

5

an employee of similar functions and duties as of December 31, 2021 as the base compensation to

6

which the increase is applied.

7

     (ii) By January 1, 2023, employers must provide to EOHHS an annual compliance

8

statement showing wages as of December 31, 2021, amounts received from the increases outlined

9

herein, and compliance with this section, including which behavioral healthcare training programs

10

were utilized. EOHHS may adopt any additional necessary regulations and processes to oversee

11

this section.

12

      (g)(h) The executive office shall implement a long-term-care-options counseling program

13

to provide individuals, or their representatives, or both, with long-term-care consultations that shall

14

include, at a minimum, information about: long-term-care options, sources, and methods of both

15

public and private payment for long-term-care services and an assessment of an individual's

16

functional capabilities and opportunities for maximizing independence. Each individual admitted

17

to, or seeking admission to, a long-term-care facility, regardless of the payment source, shall be

18

informed by the facility of the availability of the long-term-care-options counseling program and

19

shall be provided with long-term-care-options consultation if they so request. Each individual who

20

applies for Medicaid long-term-care services shall be provided with a long-term-care consultation.

21

     (h)(i) The executive office is also authorized, subject to availability of appropriation of

22

funding, and federal, Medicaid-matching funds, to pay for certain services and supports necessary

23

to transition or divert beneficiaries from institutional or restrictive settings and optimize their health

24

and safety when receiving care in a home or the community. The secretary is authorized to obtain

25

any state plan or waiver authorities required to maximize the federal funds available to support

26

expanded access to home- and community-transition and stabilization services; provided, however,

27

payments shall not exceed an annual or per-person amount.

28

     (i)(j) To ensure persons with long-term-care needs who remain living at home have

29

adequate resources to deal with housing maintenance and unanticipated housing-related costs, the

30

secretary is authorized to develop higher resource eligibility limits for persons or obtain any state

31

plan or waiver authorities necessary to change the financial eligibility criteria for long-term services

32

and supports to enable beneficiaries receiving home and community waiver services to have the

33

resources to continue living in their own homes or rental units or other home-based settings.

34

     (j)(k) The executive office shall implement, no later than January 1, 2016, the following

 

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RELATING TO MEDICAL ASSISTANCE
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1

home- and community-based service and payment reforms:

2

     (1) Community-based, supportive-living program established in § 40-8.13-12 or an

3

alternative, successor, or substitute program, or delivery option designated for these purposes by

4

the secretary of the executive office of health and human services;

5

     (2) (1) Adult day services level of need criteria and acuity-based, tiered-payment

6

methodology; and

7

     (3) (2) Payment reforms that encourage home- and community-based providers to provide

8

the specialized services and accommodations beneficiaries need to avoid or delay institutional care.

9

     (k)(l) The secretary is authorized to seek any Medicaid section 1115 waiver or state-plan

10

amendments and take any administrative actions necessary to ensure timely adoption of any new

11

or amended rules, regulations, policies, or procedures and any system enhancements or changes,

12

for which appropriations have been authorized, that are necessary to facilitate implementation of

13

the requirements of this section by the dates established. The secretary shall reserve the discretion

14

to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with

15

the governor, to meet the legislative directives established herein.

16

     SECTION 7. Section 40-8.13-12 of the General Laws in Chapter 40-8.13 entitled “Long-

17

Term Managed Care Arrangements” is hereby repealed in its entirety.

18

     40-8.13-12. Community-based supportive living program.

19

     (a) To expand the number of community-based service options, the executive office of

20

health and human services shall establish a program for beneficiaries opting to participate in

21

managed care long-term-care arrangements under this chapter who choose to receive Medicaid-

22

funded assisted living, adult supportive-care home, or shared living long-term-care services and

23

supports. As part of the program, the executive office shall implement Medicaid certification or, as

24

appropriate, managed care contract standards for state-authorized providers of these services that

25

establish an acuity-based, tiered service and payment system that ties reimbursements to: a

26

beneficiary's clinical/functional level of need; the scope of services and supports provided; and

27

specific quality and outcome measures. These standards shall set the base level of Medicaid state-

28

plan and waiver services that each type of provider must deliver, the range of acuity-based service

29

enhancements that must be made available to beneficiaries with more intensive care needs, and the

30

minimum state licensure and/or certification requirements a provider must meet to participate in

31

the pilot at each service/payment level. The standards shall also establish any additional

32

requirements, terms, or conditions a provider must meet to ensure beneficiaries have access to high-

33

quality, cost-effective care.

34

     (b) Room and board. The executive office shall raise the cap on the amount Medicaid-

 

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1

certified assisted-living and adult supportive home-care providers are permitted to charge

2

participating beneficiaries for room and board. In the first year of the program, the monthly charges

3

for a beneficiary living in a single room who has income at or below three hundred percent (300%)

4

of the Supplemental Security Income (SSI) level shall not exceed the total of both the maximum

5

monthly federal SSI payment and the monthly state supplement authorized for persons requiring

6

long-term services under § 40-6-27(a)(1)(vi), less the specified personal-needs allowance. For a

7

beneficiary living in a double room, the room and board cap shall be set at eighty-five percent

8

(85%) of the monthly charge allowed for a beneficiary living in a single room.

9

     (c) Program cost-effectiveness. The total cost to the state for providing the state supplement

10

and Medicaid-funded services and supports to beneficiaries participating in the program in the

11

initial year of implementation shall not exceed the cost for providing Medicaid-funded services to

12

the same number of beneficiaries with similar acuity needs in an institutional setting in the initial

13

year of the operations. The program shall be terminated if the executive office determines that the

14

program has not met this target. The state shall expand access to the program to qualified

15

beneficiaries who opt out of a long-term services and support (LTSS) arrangement, in accordance

16

with § 40-8.13-2, or are required to enroll in an alternative, successor, or substitute program, or

17

delivery option designated for these purposes by the secretary of the executive office of health and

18

human services if the enrollment in an LTSS plan is no longer an option.

19

     SECTION 8. Section 42-7.2-5 of the General Laws in Chapter 42-7.2 entitled “Office of

20

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

21

     42-7.2-5. Duties of the secretary.

22

     The secretary shall be subject to the direction and supervision of the governor for the

23

oversight, coordination, and cohesive direction of state-administered health and human services

24

and in ensuring the laws are faithfully executed, not withstanding any law to the contrary. In this

25

capacity, the secretary of the executive office of health and human services (EOHHS) shall be

26

authorized to:

27

     (1) Coordinate the administration and financing of healthcare benefits, human services, and

28

programs including those authorized by the state's Medicaid section 1115 demonstration waiver

29

and, as applicable, the Medicaid State Plan under Title XIX of the U.S. Social Security Act.

30

However, nothing in this section shall be construed as transferring to the secretary the powers,

31

duties, or functions conferred upon the departments by Rhode Island public and general laws for

32

the administration of federal/state programs financed in whole or in part with Medicaid funds or

33

the administrative responsibility for the preparation and submission of any state plans, state plan

34

amendments, or authorized federal waiver applications, once approved by the secretary.

 

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1

     (2) Serve as the governor's chief advisor and liaison to federal policymakers on Medicaid

2

reform issues as well as the principal point of contact in the state on any such related matters.

3

     (3)(i) Review and ensure the coordination of the state's Medicaid section 1115

4

demonstration waiver requests and renewals as well as any initiatives and proposals requiring

5

amendments to the Medicaid state plan or formal amendment changes, as described in the special

6

terms and conditions of the state's Medicaid section 1115 demonstration waiver with the potential

7

to affect the scope, amount or duration of publicly funded healthcare services, provider payments

8

or reimbursements, or access to or the availability of benefits and services as provided by Rhode

9

Island general and public laws. The secretary shall consider whether any such changes are legally

10

and fiscally sound and consistent with the state's policy and budget priorities. The secretary shall

11

also assess whether a proposed change is capable of obtaining the necessary approvals from federal

12

officials and achieving the expected positive consumer outcomes. Department directors shall,

13

within the timelines specified, provide any information and resources the secretary deems necessary

14

in order to perform the reviews authorized in this section.

15

     (ii) Direct the development and implementation of any Medicaid policies, procedures, or

16

systems that may be required to assure successful operation of the state's health and human services

17

integrated eligibility system and coordination with HealthSource RI, the state's health insurance

18

marketplace.

19

     (iii) Beginning in 2015, conduct on a biennial basis a comprehensive review of the

20

Medicaid eligibility criteria for one or more of the populations covered under the state plan or a

21

waiver to ensure consistency with federal and state laws and policies, coordinate and align systems,

22

and identify areas for improving quality assurance, fair and equitable access to services, and

23

opportunities for additional financial participation.

24

     (iv) Implement service organization and delivery reforms that facilitate service integration,

25

increase value, and improve quality and health outcomes.

26

     (4) Beginning in 2020, prepare and submit to the governor, the chairpersons of the house

27

and senate finance committees, the caseload estimating conference, and to the joint legislative

28

committee for health-care oversight, by no later than March September 15 of each year, a

29

comprehensive overview of all Medicaid expenditures outcomes, administrative costs, and

30

utilization rates. The overview shall include, but not be limited to, the following information:

31

     (i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;

32

     (ii) Expenditures, outcomes and utilization rates by population and sub-population served

33

(e.g. families with children, persons with disabilities, children in foster care, children receiving

34

adoption assistance, adults ages nineteen (19) to sixty-four (64), and elders);

 

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1

     (iii) Expenditures, outcomes and utilization rates by each state department or other

2

municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the Social

3

Security Act, as amended;

4

     (iv) Expenditures, outcomes and utilization rates by type of service and/or service provider;

5

and

6

     (v) Expenditures by mandatory population receiving mandatory services and, reported

7

separately, optional services, as well as optional populations receiving mandatory services and,

8

reported separately, optional services for each state agency receiving Title XIX and XXI funds.

9

     The directors of the departments, as well as local governments and school departments,

10

shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever

11

resources, information and support shall be necessary.

12

     (5) Resolve administrative, jurisdictional, operational, program, or policy conflicts among

13

departments and their executive staffs and make necessary recommendations to the governor.

14

     (6) Ensure continued progress toward improving the quality, the economy, the

15

accountability and the efficiency of state-administered health and human services. In this capacity,

16

the secretary shall:

17

     (i) Direct implementation of reforms in the human resources practices of the executive

18

office and the departments that streamline and upgrade services, achieve greater economies of scale

19

and establish the coordinated system of the staff education, cross-training, and career development

20

services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human

21

services workforce;

22

     (ii) Encourage EOHHS-wide consumer-centered approaches to service design and delivery

23

that expand their capacity to respond efficiently and responsibly to the diverse and changing needs

24

of the people and communities they serve;

25

     (iii) Develop all opportunities to maximize resources by leveraging the state's purchasing

26

power, centralizing fiscal service functions related to budget, finance, and procurement,

27

centralizing communication, policy analysis and planning, and information systems and data

28

management, pursuing alternative funding sources through grants, awards and partnerships and

29

securing all available federal financial participation for programs and services provided EOHHS-

30

wide;

31

     (iv) Improve the coordination and efficiency of health and human services legal functions

32

by centralizing adjudicative and legal services and overseeing their timely and judicious

33

administration;

34

     (v) Facilitate the rebalancing of the long term system by creating an assessment and

 

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1

coordination organization or unit for the expressed purpose of developing and implementing

2

procedures EOHHS-wide that ensure that the appropriate publicly funded health services are

3

provided at the right time and in the most appropriate and least restrictive setting;

4

     (vi) Strengthen health and human services program integrity, quality control and

5

collections, and recovery activities by consolidating functions within the office in a single unit that

6

ensures all affected parties pay their fair share of the cost of services and are aware of alternative

7

financing;

8

     (vii) Assure protective services are available to vulnerable elders and adults with

9

developmental and other disabilities by reorganizing existing services, establishing new services

10

where gaps exist and centralizing administrative responsibility for oversight of all related initiatives

11

and programs.

12

     (7) Prepare and integrate comprehensive budgets for the health and human services

13

departments and any other functions and duties assigned to the office. The budgets shall be

14

submitted to the state budget office by the secretary, for consideration by the governor, on behalf

15

of the state's health and human services agencies in accordance with the provisions set forth in §

16

35-3-4.

17

     (8) Utilize objective data to evaluate health and human services policy goals, resource use

18

and outcome evaluation and to perform short and long-term policy planning and development.

19

     (9) Establishment of an integrated approach to interdepartmental information and data

20

management that complements and furthers the goals of the unified health infrastructure project

21

initiative and that will facilitate the transition to a consumer-centered integrated system of state

22

administered health and human services.

23

     (10) At the direction of the governor or the general assembly, conduct independent reviews

24

of state-administered health and human services programs, policies and related agency actions and

25

activities and assist the department directors in identifying strategies to address any issues or areas

26

of concern that may emerge thereof. The department directors shall provide any information and

27

assistance deemed necessary by the secretary when undertaking such independent reviews.

28

     (11) Provide regular and timely reports to the governor and make recommendations with

29

respect to the state's health and human services agenda.

30

     (12) Employ such personnel and contract for such consulting services as may be required

31

to perform the powers and duties lawfully conferred upon the secretary.

32

     (13) Assume responsibility for complying with the provisions of any general or public law

33

or regulation related to the disclosure, confidentiality and privacy of any information or records, in

34

the possession or under the control of the executive office or the departments assigned to the

 

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1

executive office, that may be developed or acquired or transferred at the direction of the governor

2

or the secretary for purposes directly connected with the secretary's duties set forth herein.

3

     (14) Hold the director of each health and human services department accountable for their

4

administrative, fiscal and program actions in the conduct of the respective powers and duties of

5

their agencies.

6

     SECTION 9. Rhode Island Medicaid Reform Act of 2008 Resolution.

7

     WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode

8

Island Medicaid Reform Act of 2008”; and

9

     WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws

10

42-12.4-1, et seq.; and

11

     WHEREAS, Rhode Island General Law Section 42-7.2-5(3)(a) provides that the Secretary

12

of Health and Human Services (“Secretary”), of the Executive Office of Health and Human

13

Services (“Executive Office”), is responsible for the review and coordination of any Medicaid

14

section 1115 demonstration waiver requests and renewals as well as any initiatives and proposals

15

requiring amendments to the Medicaid state plan or changes as described in the demonstration,

16

“with potential to affect the scope, amount, or duration of publicly-funded health care services,

17

provider payments or reimbursements, or access to or the availability of benefits and services

18

provided by Rhode Island general and public laws”; and

19

     WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is

20

fiscally sound and sustainable, the Secretary requests legislative approval of the following

21

proposals to amend the demonstration:

22

     (a) Update dental benefits for children. The Executive Office proposes to allow coverage

23

for dental caries arresting treatments using Silver Diamine Fluoride when necessary.

24

Implementation of this initiative requires amendments to the Medicaid State Plan.

25

     (b) Perinatal Doula Services. The Executive Office proposes to establish medical

26

assistance coverage and reimbursement rates for perinatal doula services, a practice to provide non-

27

clinical emotional, physical and informational support before, during and after birth for expectant

28

mothers, in order to reduce maternal health disparities, reduce the likelihood of costly interventions

29

during births, such as cesarean birth and epidural pain relief, while increasing the likelihood of a

30

shorter labor, a spontaneous vaginal birth, and a positive childbirth experience.

31

     (c) Community Health Workers. To improve health outcomes, increase access to care, and

32

reduce healthcare costs, the Executive Office proposes to provide medical assistance coverage and

33

reimbursement to community health workers.

34

     (d) HCBS Maintenance of Need Allowance Increase. The Executive Office proposes to

 

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1

increase the Home and Community Based Services (HCBS) Maintenance of Need Allowance from

2

100% of the Federal Poverty Limit (FPL) plus twenty dollars to 300% of the Federal Social Security

3

Income (SSI) standard to enable the Executive Office to provide sufficient support for individuals

4

who are able to, and wish to, receive services in their homes.

5

     (e) Change to Rates for Nursing Facility Services. To more effectively compensate the

6

nursing facilities for the costs of providing care to members who require behavioral healthcare or

7

ventilators, the Executive Office proposes to revise the fee-for-service Medicaid payment rate for

8

nursing facility residents in the following ways:

9

     (i) Re-weighting towards behavioral health care, such that the average Resource Utilization

10

Group (RUG) weight is not increased as follows:

11

     1. Increase the RUG weights related to behavioral healthcare; and

12

     2. Decrease all other RUG weights

13

     (ii) Increase the RUG weight related to ventilators; and

14

     (iii) Implement a behavioral health per-diem add-on for particularly complex patients, who

15

have been hospitalized for six months or more, are clinically appropriate for discharge to a nursing

16

facility, and where the nursing facility is Medicaid certified to provide or facilitate enhanced levels

17

of behavioral healthcare.

18

     (f) Increase Shared Living Rates. In order to better incentivize the utilization of home- and

19

community-based care for individuals that wish to receive their care in the community, the

20

Executive Office proposes a ten percent (10%) increase to shared living caregiver stipend rates that

21

are paid to providers through Medicaid fee-for-service and managed care.

22

     (g) Increase rates for home nursing care and home care providers licensed by Rhode Island

23

Department of Health. To ensure better access to home- and community-based services, the

24

Executive Office proposes, for both fee-for-service and managed care, to increase the existing shift

25

differential modifier by $0.19 per fifteen (15) minutes for Personal Care and Combined Personal

26

Care/Homemaker effective July 1, 2021, and to establish a new behavioral healthcare enhancement

27

of $0.39 per fifteen (15) minutes for Personal Care, Combined Personal Care/Homemaker, and

28

Homemaker only for providers who have at least thirty percent (30%) of their direct care workers

29

(which includes Certified Nursing Assistants (CNA) and Homemakers) certified in behavioral

30

healthcare training effective January 1, 2022.

31

     (h) Expansion of First Connections Program. In collaboration with the Rhode Island

32

Department of Health (RIDOH), the Executive Office proposes to seek federal matching funds for

33

the expansion of the First Connections Program, a risk assessment and response home visiting

34

program designed to ensure that families are connected to appropriate services such as food

 

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RELATING TO MEDICAL ASSISTANCE
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1

assistance, mental health, child care, long term family home visiting, Early Intervention (EI) and

2

other programs, to prenatal women. The Executive Office would establish medical assistance

3

coverage and reimbursement rates for such First Connection services provided to prenatal women.

4

     (i) Parents as Teachers Program. In collaboration with RIDOH, the Executive Office

5

proposes to seek federal matching funds for the coverage of the Parents as Teachers Program, to

6

ensure that parents of young children are connected with the medical and social supports necessary

7

to support their families.

8

     (j) Increase Assisted Living rates. To ensure better access to home- and community-based

9

services, the Executive Office proposes to increase the rates for Assisted Living providers in both

10

fee-for-service and managed care.

11

     (k) Elimination of Category F State Supplemental Payments. To ensure better access to

12

home- and community-based services, the Executive Office proposes to eliminate the State

13

Supplemental Payment for Category F individuals.

14

     (l) Establish an intensive, expanded Mental Health Psychiatric Rehabilitative Residential

15

(“MHPRR”). In collaboration with BHDDH, the Executive Office proposes to establish a MHPRR

16

to provide discharge planning, medical and/or psychiatric treatment, and identification and

17

amelioration of barriers to transition to less restrictive settings.

18

     (m) Hospice and Home Care Annual Rate Increase Language. The Executive Office

19

proposes amending the language in the Medicaid State Plan detailing the annual inflationary

20

adjustments to hospice rates to utilize the New England Consumer Price Index card as determined

21

by the United States Department of Labor for medical care data that is released in March, containing

22

the February data. Additionally, the Executive Office proposes to add language to the Medicaid

23

State Plan regarding the annual inflationary adjustments to home care rates to clarify that the

24

Executive Office will utilize the New England Consumer Price Index card as determined by the

25

United States Department of Labor for medical care data that is released in March, containing the

26

February data.

27

     (n) Non-Emergency Transportation Services. The Executive Office of Health and Human

28

Services shall, as part of its payments through the transportation broker model, reimburse for basic

29

life-support services at a rate no less than $147.67 and for advanced life-support services at no less

30

than $177.20.

31

     (o) Expansion of Home and Community Co-Pay Programs. The Executive Office, in

32

conjunction with the Office of Healthy Aging, proposes to implement the authorities approved

33

under the section 1115 demonstration waiver to increase the maximum income limit for all co-pay

34

program eligibility from two hundred percent (200%) to two hundred fifty percent (250%) of the

 

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1

federal poverty level. This includes implementing programs for adults, age 19 through 64,

2

diagnosed with Alzheimer's or a related dementia. Implementation of these waiver authorities

3

requires adoption of new or amended rules, regulations and procedures..

4

     (p) Federal Financing Opportunities. The Executive Office proposes to review Medicaid

5

requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of 2010

6

(PPACA) and various other recently enacted federal laws and pursue any changes in the Rhode

7

Island Medicaid program that promote service quality, access and cost-effectiveness that may

8

warrant a Medicaid state plan amendment or amendment under the terms and conditions of Rhode

9

Island’s section 1115 waiver, its successor, or any extension thereof. Any such actions by the

10

Executive Office shall not have an adverse impact on beneficiaries or cause there to be an increase

11

in expenditures beyond the amount appropriated for state fiscal year 2022.

12

     Now, therefore, be it

13

     RESOLVED, the General Assembly hereby approves the proposals stated in (a) through

14

(p) above; and be it further;

15

     RESOLVED, the Secretary of the Executive Office is authorized to pursue and implement

16

any 1115 demonstration waiver amendments, Medicaid state plan amendments, and/or changes to

17

the applicable department’s rules, regulations and procedures approved herein and as authorized

18

by Chapter 42-12.4; and be it further;

19

     RESOLVED, that this Joint Resolution shall take effect upon passage.

20

     SECTION 10. This article shall take effect as of July 1, 2021.

 

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=======

art.013/5/013/4/013/3/013/2/013/1

=======

1

     ARTICLE 13

2

RELATING TO HUMAN SERVICES

3

     SECTION 1. Section 12-19-14 of the General Laws in Chapter 12-19 entitled "Sentence

4

and Execution" is hereby amended to read as follows:

5

     12-19-14. Violation of terms of probation – Notice to court – Revocation or

6

continuation of suspension.

7

     (a) Whenever any person who has been placed on probation by virtue of the suspension of

8

execution of his or her sentence pursuant to § 12-19-13 violates the terms and conditions of his or

9

her probation as fixed by the court by being formally charged with committing a new criminal

10

offense, the police or department of corrections division of rehabilitative services shall cause the

11

defendant to appear before the court. The department of corrections division of rehabilitative

12

services shall determine when a technical violation of the terms and conditions of probation as fixed

13

by the court that does not constitute a new criminal offense has occurred and shall cause the

14

defendant to appear before the court. For technical violations, the The division of rehabilitative

15

services shall promptly render a written report relative to the conduct of the defendant, including,

16

as applicable, a description of the clear and articulable public safety risk posed by a defendant

17

accused of a technical violation, and, as available, the information contained in any report under §

18

12-13-24.1. The division of rehabilitative services may recommend that the time served up to that

19

point is a sufficient response to a violation that is not a new, alleged crime. The court may order

20

the defendant held without bail for a period not exceeding ten (10) days excluding Saturdays,

21

Sundays, and holidays if the new criminal charge(s) constitutes a violent crime as defined in the

22

Rhode Island General Laws, a domestic violence crime, or a crime involving driving under the

23

influence or if the court determines in its discretion that public safety concerns and/or concerns

24

regarding the defendant's likelihood to appear before the court warrant holding the defendant

25

without bail.

26

     (b) The court shall conduct a hearing within thirty (30) days of arrest, unless waived by the

27

defendant, to determine whether the defendant has violated the terms and conditions of his or her

28

probation, at which hearing the defendant shall have the opportunity to be present and to respond.

29

Upon a determination by a fair preponderance of the evidence that the defendant has violated the

30

terms and conditions of his or her probation, the court, in open court and in the presence of the

 

1

defendant, may as to the court may seem just and proper:

2

     (1) Revoke the suspension and order the defendant committed on the sentence previously

3

imposed, or on a lesser sentence;

4

     (2) Impose a sentence if one has not been previously imposed;

5

     (3) Stay all or a portion of the sentence imposed after removal of the suspension;

6

     (4) Continue the suspension of a sentence previously imposed; or

7

     (5) Convert a sentence of probation without incarceration to a suspended sentence.

8

     SECTION 2. Chapter 13-8 of the General Laws entitled "Parole" is hereby amended by

9

adding thereto the following section:

10

     13-8-14.2. Special parole consideration for persons convicted as juveniles.

11

     (a)When a person who is serving a sentence imposed as the result of an offense or offenses

12

committed when he or she was less than eighteen years of age becomes eligible for parole pursuant

13

to applicable provisions of law, the parole board shall ensure that he or she is provided a meaningful

14

opportunity to obtain release and shall adopt rules and guidelines to do so, consistent with existing

15

law.

16

     (b) During a parole hearing involving a person described in subsection (a) of this section,

17

in addition to other factors required by law or under the parole guidelines set forth by the parole

18

board, the parole board shall also take into consideration the diminished culpability of juveniles as

19

compared to that of adults and any subsequent growth and increased maturity of the prisoner during

20

incarceration. The board shall also consider the following:

21

     (1) A review of educational and court documents;

22

     (2) Participation in available rehabilitative and educational programs while in prison;

23

     (3) Age at the time of the offense;

24

     (4) Immaturity at the time of the offense;

25

     (5) Home and community environment at the time of the offense;

26

     (6) Efforts made toward rehabilitation;

27

     (7) Evidence of remorse; and

28

     (8) Any other factors or circumstances the Board considers relevant

29

     (c) The parole board shall have access to all relevant records and information in the

30

possession of any state official or agency relating to the board's consideration of the factors detailed

31

in the foregoing sections.

32

     SECTION 3. Sections 13-8-11, 13-8-13, 13-8-18 and 13-8-18.1 of the General Laws in

33

Chapter 13-8 entitled "Parole" are hereby amended to read as follows:

34

     13-8-11. Good conduct, industrial, and meritorious service time included in

 

Art13
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1

computation Good conduct, industrial, and meritorious service time.

2

     (a) In computing the one-third (1/3) of any term of sentence for the purpose of §§ 13-8-9 –

3

13-8-14, the time a prisoner shall have earned pursuant to §§ 42-56-24 and 42-56-26 shall be

4

considered by the parole board to reduce inmate overcrowding when directed by the criminal justice

5

oversight committee, pursuant to the provisions of § 42-26-13.3(e), or when directed by the

6

governor, pursuant to the provisions of § 42-26-13.3(f).

7

     (b) As used in this section, the following words shall, unless the context clearly requires

8

otherwise, have the following meanings:

9

     (i) "Compliance," the absence of a finding by a Parole Officer or the Parole Board of a

10

violation of the terms or conditions of a permit or conditions of parole supervision set by the Rhode

11

Island Parole Board.

12

     (ii) "Compliance credits," credits that an eligible offender earns through compliance with

13

Parole Board-ordered conditions of parole supervision; provided, however, that such credits shall

14

operate to reduce the length of parole supervision.

15

     (iii) "Eligible parolee," any offender who is currently serving a term of post-incarceration

16

parole supervision except any such person serving a sentence of a violation of §§ 11-5-1 (where

17

the specified felony is murder or sexual assault), 11-23-1, 11-26-1.4, 11-37-2, 11-37-8.1 or 11-37-

18

8.3.

19

     (c) On the first day of each calendar month after July 1, 2021, an eligible parolee shall earn

20

5 days of compliance credits if the eligible parolee served on parole without any documented

21

behavior that could constitute a violation of the terms and conditions of parole for the prior calendar

22

month. Any compliance credits so granted and not rescinded pursuant to guidelines set forth by the

23

parole board shall reduce the period of time that a parolee is subject to the jurisdiction of the parole

24

board under § 13-8-9.

25

     (d) The parole board shall issue guidelines governing the awarding of compliance credits,

26

any disqualifiers to the earning of compliance credits, and the rescission or suspension of

27

compliance credits as applicable.

28

     (e) The award or rescission of credits pursuant to this section shall not be the subject of

29

judicial review.

30

     (f) This section shall apply to all individuals sentenced to imprisonment and subsequently

31

granted parole including those sentences granted prior to passage of this legislation and shall not

32

alter the ability of the Parole Board to revoke parole. The calculation of compliance credits shall

33

be prospective from the date of passage, while eligibility to earn compliance credits shall be

34

prospective and retrospective.

 

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1

     (g) The department of corrections shall keep a record of the eligible parolee's sentence,

2

including the person's end of supervision date based on earned credits for compliance with the

3

terms and conditions of parole.

4

     13-8-13. Life prisoners and prisoners with lengthy sentences.

5

     (a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be

6

issued at any time after the prisoner has served not less than ten (10) years imprisonment; provided

7

that:

8

     (1) In the case of a prisoner serving a sentence or sentences of a length making him or her

9

ineligible for a permit in less than ten (10) years, pursuant to §§ 13-8-9 and 13-8-10, the permit

10

may be issued at any time after the prisoner has served not less than ten (10) years imprisonment.

11

     (2) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree

12

murder committed after July 10, 1989, the permit may be issued only after the prisoner has served

13

not less than fifteen (15) years imprisonment.

14

     (3) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree

15

murder committed after June 30, 1995, the permit may be issued only after the prisoner has served

16

not less than twenty (20) years imprisonment; and

17

     (4) In the case of a prisoner sentenced to imprisonment for life for a first- or second-degree

18

murder committed after July 1, 2015, the permit may be issued only after the prisoner has served

19

not less than twenty-five (25) years imprisonment.

20

     (5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than first-

21

or second-degree murder, committed after July 1, 2015, the permit may be issued only after the

22

prisoner has served not less than twenty (20) years imprisonment.

23

     (b) The permit shall be issued only by a unanimous vote of all the attending members of

24

the board; provided that not less than four (4) members are present, and whenever, after the issue

25

of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall

26

cease and terminate.

27

     (c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted of

28

escape or attempted escape from the lawful custody of the warden of the adult correctional

29

institutions, the permit may be issued only after the prisoner has served not less than twenty-five

30

(25) years imprisonment; provided, however, that as to a prisoner who has been sentenced to

31

imprisonment for life for a conviction of first- or second-degree murder, committed after July 1,

32

2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of the

33

warden of the adult correctional institutions, the permit may be issued only after the prisoner has

34

served not less than thirty-five (35) years imprisonment; and

 

Art13
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1

     (2) For each subsequent conviction of escape or attempted escape, an additional five (5)

2

years shall be added to the time required to be served.

3

     (d) In the case of a prisoner sentenced consecutively to more than one life term for crimes

4

occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less

5

than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner sentenced

6

consecutively to more than one life term for crimes occurring after June 30, 1995, the permit may

7

be issued only after the prisoner has served not less than fifteen (15) years consecutively on each

8

life sentence. In the case of a prisoner sentenced consecutively to more than one life term for crimes

9

occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less

10

than twenty (20) years consecutively on each life sentence. In the case of a prisoner sentenced

11

consecutively to more than one life term for crimes, including first- or second-degree murder,

12

occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less

13

than twenty-five (25) years consecutively on each life sentence.

14

     (e) Any person sentenced for any offense committed prior to his or her twenty-second

15

birthday, other than a person serving life without parole, shall be eligible for parole review and a

16

parole permit may be issued after the person has served no fewer than twenty (20) years

17

imprisonment unless the person is entitled to earlier parole eligibility pursuant to any other

18

provisions of law. This subsection shall be given prospective and retroactive effect for all offenses

19

occurring on or after January 1, 1991.

20

     13-8-18. Revocation of parole – Hearing.

21

     The parole board may, by a majority vote of all of its members, revoke, in accordance with

22

the provisions of § 13-8-18.1, any permit issued by it to any prisoner under the provisions of this

23

chapter or revoke any permit issued by another state or jurisdiction where the prisoner is being

24

supervised by the Rhode Island parole board whenever it shall appear to the board that the prisoner

25

has violated any of the terms or conditions of his or her permit or conditions of parole set by an

26

out-of-state jurisdiction, or has during the period of his or her parole violated any state laws.

27

Whenever it shall come to the knowledge of the board that any prisoner at liberty under a permit

28

issued by this state or another state or jurisdiction has been guilty of a violation of parole related to

29

a new criminal charge, the chairperson shall issue his or her warrant to any officer authorized to

30

serve criminal process to arrest the prisoner and commit him or her to the adult correctional

31

institutions, to be detained until the board shall have an opportunity to determine whether the permit

32

of the prisoner is to be revoked in accordance with the provisions of § 13-8-18.1, or in the case of

33

prisoners granted parole by another state or jurisdiction, and supervised by the Rhode Island parole

34

board, until that state or jurisdiction takes custody of the prisoner. Whenever it shall come to the

 

Art13
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1

knowledge of the board that any prisoner at liberty under a permit issued by this state or another

2

state or jurisdiction has been guilty of a technical violation of parole, absent a new criminal charge,

3

the chairperson may, at his or her discretion, issue his or her warrant to any officer authorized to

4

serve criminal process to arrest the prisoner and commit him or her to the adult correctional

5

institutions, to be detained until the board shall have an opportunity to determine whether the permit

6

of the prisoner is to be revoked in accordance with the provisions of § 13-8-18.1, or in the case of

7

prisoners granted parole by another state or jurisdiction, and supervised by the Rhode Island parole

8

board, until that state or jurisdiction takes custody of the prisoner. If the board shall determine that

9

the permit shall not be revoked, then the board shall immediately order the prisoner to be set at

10

liberty under the terms and conditions of his or her original permit.

11

     13-8-18.1. Preliminary parole violation hearing.

12

     (a) As soon as is practicable after a detention for an alleged violation of parole, the parole

13

board shall afford the alleged parole violator a preliminary parole revocation hearing before a

14

hearing officer designated by the board. Such hearing officer shall not have had any prior

15

supervisory involvement over the alleged violator.

16

     (b) The alleged violator shall, within five (5) days of the detention, in Rhode Island be

17

given written notice of the time, place and purpose of the preliminary hearing. The notice shall state

18

the specific conditions of parole that are alleged to have been violated and in what manner. The

19

notice shall also inform the alleged violator of the following rights in connection with the

20

preliminary hearing:

21

     (1) The right to appear and speak in his/her own behalf;

22

     (2) The right to call witnesses and present evidence;

23

     (3) The right to confront and cross-examine the witnesses against him/her, unless the

24

hearing officer finds on the record that a witness may be subjected to risk of harm if his or her

25

identity is revealed; and

26

     (4) The right to retain counsel and, if unable to afford counsel, the right under certain

27

circumstances to the appointment of counsel for the preliminary hearing.

28

     The determination of whether or not the alleged violator is entitled to appointed counsel, if

29

such a request is made, shall be made on the record and in accordance with all relevant statutory

30

and constitutional provisions.

31

     (c) The notice form must explain in clear and unambiguous language the procedures

32

established by the parole board concerning an alleged violator's exercise of the rights denominated

33

in subsection (b), including the mechanism for compelling the attendance of witnesses, the

34

mechanism for obtaining documentary evidence, and the mechanism for requesting the

 

Art13
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1

appointment of counsel.

2

     (d) The preliminary hearing shall take place no later than ten (10) days after service of

3

notice set forth in subsection (b). A preliminary hearing may be postponed beyond the ten (10) day

4

time limit for good cause at the request of either party, but may not be postponed at the request of

5

the state for more than five (5) additional days. The parole revocation charges shall be dismissed

6

with prejudice if a preliminary hearing is not conducted within the time period established by this

7

paragraph, not including any delay directly attributed to a postponement requested by the alleged

8

violator.

9

     (e) If the alleged violator has requested the appointment of counsel at least five (5) days

10

prior to the preliminary hearing, the preliminary hearing may not proceed without counsel present

11

unless the hearing officer finds on the record, in accordance with all relevant statutory and

12

constitutional provisions, that the alleged violator is not entitled to appointed counsel. If the alleged

13

violator is found to have been entitled to counsel and no such counsel has been appointed, the parole

14

violation charges must be dismissed with prejudice. If the request for counsel was made four (4) or

15

fewer days in advance of the preliminary hearing, the time limit within which the preliminary

16

hearing must be held may be extended up to five (5) additional days.

17

     (f) The standard of proof at the preliminary hearing shall be probable cause to believe that

18

the alleged violator has violated one or more conditions of his or her parole and that the violation

19

or violations were not de minimus in nature. Proof of conviction of a crime committed subsequent

20

to release on parole shall constitute probable cause for the purposes of the preliminary hearing.

21

     (g) At the preliminary hearing, the hearing officer shall review the violation charges with

22

the alleged violator, direct the presentation of the evidence concerning the alleged violation, receive

23

the statements of the witnesses and documentary evidence, and allow cross-examination of those

24

witnesses in attendance. All proceedings shall be recorded and preserved.

25

     (h) At the conclusion of the preliminary hearing, the hearing officer shall inform the alleged

26

violator of his or her decision as to whether there is probable cause to believe that the alleged

27

violator has violated one or more conditions of his or her parole and, if so, whether the violation or

28

violations were de minimus in nature. Those determinations shall be based solely on the evidence

29

adduced at the preliminary hearing. The hearing officer shall state in writing the reasons for his or

30

her determinations and the evidence relied upon for those determinations. A copy of the written

31

findings shall be sent to the alleged violator, and his or her counsel if applicable, within fourteen

32

(14) days of the preliminary hearing.

33

     (i) If the hearing officer finds that there is no probable cause to believe that the alleged

34

violator has violated one or more conditions of his or her parole or that the violation or violations,

 

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1

if any, were de minimus in nature, the parole chairperson shall rescind the detention warrant and

2

direct that the alleged violator, unless in custody for other reasons, be released and restored to

3

parole supervision.

4

     (j) If the hearing officer finds that there is probable cause to believe that the alleged violator

5

has violated one or more conditions of his or her parole and that the violation or violations were

6

not de minimus in nature, the alleged violator shall be held for a final parole revocation hearing. A

7

final parole revocation hearing must be held as soon as is practicable, but in no event more than

8

ninety (90) days after the conclusion of the preliminary hearing.

9

     (k) An alleged violator may waive his or her right to a preliminary hearing. Such a waiver

10

must be in written form. In the event of such a written waiver, a final parole revocation hearing

11

must be held as soon as is practicable, but in no event more than ninety (90) days after the right to

12

a preliminary hearing is waived. Notwithstanding the above, a final parole revocation hearing may

13

be continued by the alleged violator beyond the ninety (90) day time period. For parole violations

14

not involving a new criminal offense, an alleged violator may waive his or her right to a final parole

15

revocation hearing, where there is no dispute as to the alleged violation and the parolee charged

16

with such violation(s) freely admits to the violation and accepts the appropriate sanction imposed

17

by the parole board.

18

     SECTION 4. Sections 13-8.1-1, 13-8.1-2, 13-8.1-3 and 13-8.1-4 of the General Laws in

19

Chapter 13-8.1 entitled "Medical Parole" are hereby amended to read as follows:

20

     13-8.1-1. Short title.

21

     This chapter shall be known as the "Medical and Geriatric Parole Act".

22

     13-8.1-2. Purpose.

23

     (a) Medical parole is made available for humanitarian reasons and to alleviate exorbitant

24

medical expenses associated with inmates whose chronic and incurable illness render their

25

incarceration non-punitive and non-rehabilitative. Notwithstanding other statutory or

26

administrative provisions to the contrary, all prisoners except those serving life without parole shall

27

at any time after they begin serving their sentences be eligible for medical parole consideration,

28

regardless of the crime committed or the sentence imposed.

29

     (b) Geriatric parole is made available for humanitarian reasons and to alleviate exorbitant

30

expenses associated with the cost of aging, for inmates whose advanced age reduces the risk that

31

they pose to the public safety. Notwithstanding other statutory or administrative provisions to the

32

contrary, all prisoners except those serving life without parole shall be eligible for geriatric parole

33

consideration upon meeting the criteria set forth below, regardless of the crime committed or the

34

sentence imposed.

 

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RELATING TO HUMAN SERVICES
(Page 8 of 42)

1

     13-8.1-3. Definitions.

2

     (a) "Permanently physically incapacitated" means suffering from a physical condition

3

caused by injury, disease, illness, or cognitive insult such as dementia or persistent vegetative state,

4

which, to a reasonable degree of medical certainty, permanently and irreversibly physically

5

incapacitates the individual to the extent that the individual needs help with most of the activities

6

that are necessary for independence such as feeding, toileting, dressing, and bathing and

7

transferring, or no significant physical activity is possible, and the individual is confined to bed or

8

a wheelchair or suffering from an incurable, progressive condition that substantially diminishes the

9

individual's capacity to function in a correctional setting.

10

     (b) "Cognitively incapacitated" means suffering from a cognitive condition such as

11

dementia which greatly impairs activities that are necessary for independence such as feeding,

12

toileting, dressing, and bathing and renders their incarceration non-punitive and non-rehabilitative.

13

     (b) (c) "Terminally ill" means suffering from a condition caused by injury (except self-

14

inflicted injury), disease, or illness which, to a reasonable degree of medical certainty, is a life-

15

limiting diagnosis that will lead to profound functional, cognitive and/or physical decline, and

16

likely will result in death within eighteen (18) months.

17

     (c) (d) "Severely ill" means suffering from a significant and permanent or chronic physical

18

and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment with little

19

to no possibility of recovery; and (2) Precludes significant Significantly impairs rehabilitation from

20

further incarceration.

21

     (e) "Aging prisoner" means an individual who is sixty-five (65) years of age or older and

22

suffers from functional impairment, infirmity, or illness.

23

     13-8.1-4. Procedure.

24

     (a) The parole board is authorized to grant medical parole release of a prisoner, except a

25

prisoner serving life without parole, at any time, who is determined to be terminally ill, severely

26

ill, or permanently physically or cognitively incapacitated within the meaning of §§ 13-8.1-3(a) -

27

(d). Inmates who are severely ill will only be considered for such release when their treatment

28

causes the state to incur exorbitant expenses as a result of continued and frequent medical treatment

29

during their incarceration, as determined by the office of financial resources of the department of

30

corrections.

31

     (b) The parole board is authorized to grant geriatric parole release of a prisoner, except a

32

prisoner serving life without parole, who is an aging prisoner within the meaning of § 13-8.1-3(e)

33

or under medical parole as outlined by § 13-8.1-2.

34

     (b) (c) In order to apply for this relief, the prisoner or his or her family member or friend,

 

Art13
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1

with an attending physician's written approval, or an attending physician, on behalf of the prisoner,

2

shall file an application with the director of the department of corrections. Within seventy-two (72)

3

hours after the filing of any application, the director shall refer the application to the health service

4

unit of the department of corrections for a medical report and a medical or geriatric discharge plan

5

to be completed within ten (10) days. Upon receipt of the medical discharge plan, the director of

6

the department of corrections shall immediately transfer the medical discharge plan, together with

7

the application, to the parole board for its consideration and decision.

8

     (c) (d) The report shall contain, at a minimum, the following information:

9

     (1) Diagnosis of the prisoner's medical conditions, including related medical history;

10

     (2) Detailed description of the conditions and treatments;

11

     (3) Prognosis, including life expectancy, likelihood of recovery, likelihood of

12

improvement, mobility and trajectory and rate of debilitation;

13

     (4) Degree of incapacity or disability, including an assessment of whether the prisoner is

14

ambulatory, capable of engaging in any substantial physical activity, ability to independently

15

provide for their daily life activities, and the extent of that activity;

16

     (5) An opinion from the medical director as to whether the person is terminally ill, and if

17

so, the stage of the illness, or whether the person is permanently physically or cognitively

18

incapacitated, or severely ill, or an aging prisoner. If the medical director's opinion is that the person

19

is not terminally ill, permanently, physically or cognitively incapacitated, or severely ill, or an aging

20

prisoner as defined in § 13-8.1-3, the petition for medical or geriatric parole shall not be forwarded

21

to the parole board.

22

     (6) In the case of a severely ill inmate, the report shall also contain a determination from

23

the office of financial resources that the inmate's illness causes the state to incur exorbitant expenses

24

as a result of continued and frequent medical treatment during incarceration.

25

     (d)(e) When the director of corrections refers a prisoner to the parole board for medical or

26

geriatric parole, the director shall provide to the parole board a medical or geriatric discharge plan

27

that is acceptable to the parole board.

28

      (e) (f) The department of corrections and the parole board shall jointly develop standards

29

for the medical or geriatric discharge plan that are appropriately adapted to the criminal justice

30

setting. The discharge plan should ensure at the minimum that:

31

     (1) An appropriate placement for the prisoner has been secured, including, but not limited

32

to: a hospital, nursing facility, hospice, or family home;

33

     (2) A referral has been made for the prisoner to secure a source for payment of the prisoner's

34

medical expenses;

 

Art13
RELATING TO HUMAN SERVICES
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1

     (3) A parole officer has been assigned to periodically obtain updates on the prisoner's

2

medical condition to report back to the board.

3

     (f)(g) If the parole board finds from the credible medical evidence that the prisoner is

4

terminally ill, permanently physically or cognitively incapacitated, or severely ill, or an aging

5

prisoner, the board shall grant release to the prisoner but only after the board also considers whether,

6

in light of the prisoner's medical condition, there is a reasonable probability that the prisoner, if

7

released, will live and remain at liberty without violating the law, and that the release is compatible

8

with the welfare of society and will not so depreciate the seriousness of the crime as to undermine

9

respect for the law. Notwithstanding any other provision of law, medical or geriatric release may

10

be granted an any time during the term of a prisoner's sentence.

11

     (g)(h) There shall be a presumption that the opinion of the physician and/or medical

12

director will be accepted. However, the applicant, the physician, the director, or the parole board

13

may request an independent medical evaluation within seven (7) days after the physician's and/or

14

medical director's report is presented. The evaluation shall be completed and a report, containing

15

the information required by subsection (b)(c) of this section, filed with the director and the parole

16

board, and a copy sent to the applicant within fourteen (14) days from the date of the request.

17

     (h)(i) Within seven (7) days of receiving the application, the medical or geriatric report and

18

the discharge plan, the parole board shall determine whether the application, on its face,

19

demonstrates that relief may be warranted. If the face of the application clearly demonstrates that

20

relief is unwarranted, the board may deny the application without a hearing or further proceedings,

21

and within seven (7) days shall notify the prisoner in writing of its decision to deny the application,

22

setting forth its factual findings and a brief statement of the reasons for denying release without a

23

hearing. Denial of release does not preclude the prisoner from reapplying for medical or geriatric

24

parole after the expiration of sixty (60) days. A reapplication under this section must demonstrate

25

a material change in circumstances.

26

     (i)(j)(1) Upon receipt of the application from the director of the department of corrections

27

the parole board shall, except as provided in subsection (h)(i) of this section, set the case for a

28

hearing within thirty (30) days;

29

     (2) Notice of the hearing shall be sent to the prosecutor and the victim(s), if any, of the

30

offense(s) for which the prisoner is incarcerated, and the prosecutor and the victim(s) shall have

31

the right to be heard at the hearing, or in writing, or both;

32

     (3) At the hearing, the prisoner shall be entitled to be represented by an attorney or by the

33

public defender if qualified or other representative.

34

     (j)(k) Within seven (7) days of the hearing, the parole board shall issue a written decision

 

Art13
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1

granting or denying medical or geriatric parole and explaining the reasons for the decision. If the

2

board determines that medical or geriatric parole is warranted, it shall impose conditions of release,

3

that shall include the following:

4

     (1) Periodic medical examinations;

5

     (2) Periodic reporting to a parole officer, and the reporting interval;

6

     (3) Any other terms or conditions that the board deems necessary; and

7

     (4) In the case of a prisoner who is medically paroled due to being severely ill, the parole

8

board shall require electronic monitoring as a condition of the medical parole, unless the health

9

care plan mandates placement in a medical facility that cannot accommodate the electronic

10

monitoring.

11

     (k)(l) If after release the releasee's condition or circumstances change so that he or she

12

would not then be eligible for medical or geriatric parole, the parole board may order him or her

13

returned to custody to await a hearing to determine whether his or her release should be revoked.

14

A release may also be revoked for violation of conditions otherwise applicable to parole.

15

     (l)(m) An annual report shall be prepared by the director of corrections for the parole board

16

and the general assembly. The report shall include:

17

     (1) The number of inmates who have applied for medical or geriatric parole;

18

     (2) The number of inmates who have been granted medical or geriatric parole;

19

     (3) The nature of the illness, cognitive condition, functional impairment, and/or infirmity

20

of the applicants, and the nature of the placement pursuant to the medical discharge plan;

21

     (4) The categories of reasons for denial for those who have been denied;

22

     (5) The number of releasees on medical or geriatric parole who have been returned to the

23

custody of the department of corrections and the reasons for return.

24

     (6) The number of inmates who meet the statutory definition of "aging prisoner" and would

25

be potentially-eligible for geriatric parole.

26

     (n) An annual educational seminar will be offered by the department of corrections

27

healthcare services unit to the parole board and community stakeholders on aging and infirmity in

28

prison and special considerations that should be applied to aging prisoners and prisoners with

29

severe or terminal illnesses during parole consideration.

30

     SECTION 5. Section 14-1-6 of the General Laws in Chapter 14-1 entitled "Proceedings in

31

Family Court" is hereby amended to read as follows:

32

     14-1-6. Retention of jurisdiction.

33

     (a) When the court shall have obtained jurisdiction over any child prior to the child having

34

attained the age of eighteen (18) years by the filing of a petition alleging that the child is wayward

 

Art13
RELATING TO HUMAN SERVICES
(Page 12 of 42)

1

or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in this chapter,

2

continue under the jurisdiction of the court until he or she becomes nineteen (19) years of age,

3

unless discharged prior to turning nineteen (19).

4

     (b) When the court shall have obtained jurisdiction over any child prior to the child's

5

eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the

6

child is dependent, neglected, or abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14, the child

7

shall, except as specifically provided in this chapter, continue under the jurisdiction of the court

8

until he or she becomes eighteen (18) years of age; provided, that at least six (6) months prior to a

9

child turning eighteen (18) years of age, the court shall require the department of children, youth

10

and families to provide a description of the transition services including the child's housing, health

11

insurance, education and/or employment plan, available mentors and continuing support services,

12

including workforce supports and employment services afforded the child in placement, or a

13

detailed explanation as to the reason those services were not offered. As part of the transition

14

planning, the child shall be informed by the department of the opportunity to voluntarily agree to

15

extended care and placement by the department and legal supervision by the court until age twenty-

16

one (21). The details of a child's transition plan shall be developed in consultation with the child,

17

wherever possible, and approved by the court prior to the dismissal of an abuse, neglect,

18

dependency, or miscellaneous petition before the child's twenty-first birthday.

19

     (c) A child, who is in foster care on their eighteenth birthday due to the filing of a

20

miscellaneous petition or a petition alleging that the child is dependent, neglected, or abused

21

pursuant to §§ 14-1-5, 40-11-7 or 42-72-14, may voluntarily elect to continue responsibility for

22

care and placement from DCYF and to remain under the legal supervision of the court as a young

23

adult until age twenty-one (21), provided:

24

     (1) The young adult was in the legal custody of the department at age eighteen (18); and

25

     (2) The young adult is participating in at least one of the following:

26

     (i) Completing the requirements to receive a high school diploma or GED;

27

     (ii) Completing a secondary education or a program leading to an equivalent credential;

28

enrolled in an institution that provides postsecondary or vocational education;

29

     (iii) Participating in a job-training program or an activity designed to promote or remove

30

barriers to employment;

31

     (iv) Be employed for at least eighty (80) hours per month; or

32

     (v) Incapable of doing any of the foregoing due to a medical condition that is regularly

33

updated and documented in the case plan.

34

     (d) A former foster child who was adopted or placed in guardianship with an adoption

 

Art13
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1

assistance agreement or a guardianship assistance agreement that was executed on or after his or

2

her sixteenth birthday and prior to his or her eighteenth birthday may voluntarily agree to extended

3

care and placement by the department and legal supervision by the court until age twenty-one (21)

4

if the young adult satisfies the requirements in subsection (c)(2). Provided, however, the department

5

retains the right to review the request and first attempt to address the issues through the adoption

6

assistance agreement by providing post adoptive or post guardianship support services to the young

7

adult and his or her adoptive or guardianship family.

8

     (e) Upon the request of the young adult, who voluntarily agreed to the extension of care

9

and placement by the department and legal supervision by the court, pursuant to subsections (c)

10

and (d) of this section, the court's legal supervision and the department's responsibility for care and

11

placement may be terminated. Provided, however, the young adult may request reinstatement of

12

responsibility and resumption of the court's legal supervision at any time prior to his or her twenty-

13

first birthday if the young adult meets the requirements set forth in subsection (c)(2). If the

14

department wishes to terminate the court's legal supervision and its responsibility for care and

15

placement, it may file a motion for good cause. The court may exercise its discretion to terminate

16

legal supervision over the young adult at any time.

17

     (f) With the consent of the person previously under the court's supervision, the court may

18

reopen, extend or retain its jurisdiction beyond that persons' twenty-first birthday until his or her

19

twenty-second birthday or until September 30, 2021, whichever date occurs first, under the

20

following circumstances:

21

     (1) The person aged out of DCYF care or left foster care during the COVID-19 public

22

health emergency, defined as beginning on January 27, 2020, and is entitled to extended benefits

23

pursuant to the terms of the Consolidated Appropriations Act of 2021, Pub. L. 116-260; and

24

     (i) The court has or had obtained jurisdiction over the person prior to his or her eighteenth

25

birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent,

26

abused or neglected pursuant to § 14-1-5, 40-11-7 or § 42-72-14 or after the person's eighteenth

27

birthday pursuant to a Voluntary Extension of Care petition; and

28

     (ii) Court supervision is necessary for the department of children, youth and families to

29

access IV-E funding to support such benefits, in whole or in part; and

30

     (iii) Court supervision is required to continue transition planning and to ensure the safety,

31

permanency, and well-being of older youth who remain in or who age out of foster care and re-

32

enter foster care.

33

     (f)(g) The court may retain jurisdiction of any child who is seriously emotionally disturbed

34

or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age twenty-one

 

Art13
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1

(21) when the court shall have obtained jurisdiction over any child prior to the child's eighteenth

2

birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent,

3

neglected, and/or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14.

4

     (g)(h) The department of children, youth and families shall work collaboratively with the

5

department of behavioral healthcare, developmental disabilities and hospitals, and other agencies,

6

in accordance with § 14-1-59, to provide the family court with a transition plan for those individuals

7

who come under the court's jurisdiction pursuant to a petition alleging that the child is dependent,

8

neglected, and/or abused and who are seriously emotionally disturbed or developmentally delayed

9

pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan presented to the court by the

10

department of children, youth and families and the department of behavioral healthcare,

11

developmental disabilities and hospitals. The plan shall include the behavioral healthcare,

12

developmental disabilities and hospitals' community or residential service level, health insurance

13

option, education plan, available mentors, continuing support services, workforce supports and

14

employment services, and the plan shall be provided to the court at least twelve (12) months prior

15

to discharge. At least three (3) months prior to discharge, the plan shall identify the specific

16

placement for the child, if a residential placement is needed. The court shall monitor the transition

17

plan. In the instance where the department of behavioral healthcare, developmental disabilities and

18

hospitals has not made timely referrals to appropriate placements and services, the department of

19

children, youth and families may initiate referrals.

20

     (h)(i) The parent and/or guardian and/or guardian ad litem of a child who is seriously

21

emotionally disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v), and who is

22

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

23

entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no

24

appropriate transition plan has been submitted to the court by the department of children, youth and

25

families and the department of behavioral healthcare, developmental disabilities and hospitals. The

26

family court shall require that the department of behavioral healthcare, developmental disabilities

27

and hospitals shall immediately identify a liaison to work with the department of children, youth

28

and families until the child reaches the age of twenty-one (21) and an immediate transition plan be

29

submitted if the following facts are found:

30

     (1) No suitable transition plan has been presented to the court addressing the levels of

31

service appropriate to meet the needs of the child as identified by the department of behavioral

32

healthcare, developmental disabilities and hospitals; or

33

     (2) No suitable housing options, health insurance, educational plan, available mentors,

34

continuing support services, workforce supports, and employment services have been identified for

 

Art13
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(Page 15 of 42)

1

the child.

2

     (i)(j) In any case where the court shall not have acquired jurisdiction over any person prior

3

to the person's eighteenth (18th) birthday by the filing of a petition alleging that the person had

4

committed an offense, but a petition alleging that the person had committed an offense that would

5

be punishable as a felony if committed by an adult has been filed before that person attains the age

6

of nineteen (19) years of age, that person shall, except as specifically provided in this chapter, be

7

subject to the jurisdiction of the court until he or she becomes nineteen (19) years of age, unless

8

discharged prior to turning nineteen (19).

9

     (j)(k) In any case where the court shall not have acquired jurisdiction over any person prior

10

to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the

11

person had committed an offense prior to the person attaining the age of eighteen (18) years that

12

would be punishable as a felony if committed by an adult, that person shall be referred to the court

13

that had jurisdiction over the offense if it had been committed by an adult. The court shall have

14

jurisdiction to try that person for the offense committed prior to the person attaining the age of

15

eighteen (18) years and, upon conviction, may impose a sentence not exceeding the maximum

16

penalty provided for the conviction of that offense.

17

     (k)(l) In any case where the court has certified and adjudicated a child in accordance with

18

the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power

19

and authority to sentence the child to a period in excess of the age of nineteen (19) years. However,

20

in no case shall the sentence be in excess of the maximum penalty provided by statute for the

21

conviction of the offense.

22

     (l)(m) Nothing in this section shall be construed to affect the jurisdiction of other courts

23

over offenses committed by any person after he or she reaches the age of eighteen (18) years.

24

     SECTION 6. Sections 40-5.2-8, 40-5.2-108, 40-5.2-11, 40-5.2-20 and 40-5.2-33 of the

25

General Laws in Chapter 40-5.2 entitled "The Rhode Island Works Program" are hereby amended

26

to read as follows:

27

     40-5.2-8. Definitions.

28

     As used in this chapter, the following terms having the meanings set forth herein, unless

29

the context in which such terms are used clearly indicates to the contrary:

30

     (1) "Applicant" means a person who has filed a written application for assistance for

31

herself/himself and her/his dependent child(ren). An applicant may be a parent or non-parent

32

caretaker relative.

33

     (2) "Assistance" means cash and any other benefits provided pursuant to this chapter.

34

     (3) "Assistance unit" means the assistance-filing unit consisting of the group of persons,

 

Art13
RELATING TO HUMAN SERVICES
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1

including the dependent child(ren), living together in a single household who must be included in

2

the application for assistance and in the assistance payment if eligibility is established. An

3

assistance unit may be the same as a family.

4

     (4) "Benefits" shall mean assistance received pursuant to this chapter.

5

     (5) "Community service programs" means structured programs and activities in which cash

6

assistance recipients perform work for the direct benefit of the community under the auspices of

7

public or nonprofit organizations. Community service programs are designed to improve the

8

employability of recipients not otherwise able to obtain paid employment.

9

     (6) "Department" means the department of human services.

10

     (7) "Dependent child" means an individual, other than an individual with respect to whom

11

foster care maintenance payments are made, who is: (A) under the age of eighteen (18); or (B)

12

under the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent

13

level of vocational or educational training), if before he or she attains age nineteen (19), he or she

14

may reasonably be expected to complete the program of such secondary school (or such training).

15

     (8) "Director" means the director of the department of human services.

16

     (9) "Earned income" means income in cash or the equivalent received by a person through

17

the receipt of wages, salary, commissions, or profit from activities in which the person is self-

18

employed or as an employee and before any deductions for taxes.

19

     (10) "Earned income tax credit" means the credit against federal personal income tax

20

liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section,

21

the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26

22

U.S.C. § 3507 [repealed], or any successor section and any refund received as a result of the earned

23

income tax credit, as well as any refundable state earned income tax credit.

24

     (11) "Education directly related to employment" means education, in the case of a

25

participant who has not received a high school diploma or a certificate of high school equivalency,

26

related to a specific occupation, job, or job offer.

27

     (12) "Family" means: (A) a pregnant woman from and including the seventh month of her

28

pregnancy; or (B) a child and the following eligible persons living in the same household as the

29

child: (C) each biological, adoptive or stepparent of the child, or in the absence of a parent, any

30

adult relative who is responsible, in fact, for the care of such child; and (D) the child's minor siblings

31

(whether of the whole or half blood); provided, however, that the term "family" shall not include

32

any person receiving benefits under title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.

33

A family may be the same as the assistance unit.

34

     (13) "Gross earnings" means earnings from employment and self-employment further

 

Art13
RELATING TO HUMAN SERVICES
(Page 17 of 42)

1

described in the department of human services rules and regulations.

2

     (14) "Individual employment plan" means a written, individualized plan for employment

3

developed jointly by the applicant and the department of human services that specifies the steps the

4

participant shall take toward long-term economic independence developed in accordance with §

5

40-5.2-10(e). A participant must comply with the terms of the individual employment plan as a

6

condition of eligibility in accordance with § 40-5.2-10(e).

7

     (15) "Job search and job readiness" means the mandatory act of seeking or obtaining

8

employment by the participant, or the preparation to seek or obtain employment.

9

     In accord with federal requirements, job search activities must be supervised by the

10

department of labor and training and must be reported to the department of human services in

11

accordance with TANF work verification requirements.

12

     Except in the context of rehabilitation employment plans, and special services provided by

13

the department of children, youth and families, job-search and job-readiness activities are limited

14

to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve-month (12) period, with

15

limited exceptions as defined by the department. The department of human services, in consultation

16

with the department of labor and training, shall extend job-search, and job-readiness assistance for

17

up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent

18

(50%) greater than the United States unemployment rate if the state meets the definition of a "needy

19

state" under the contingency fund provisions of federal law.

20

     Preparation to seek employment, or job readiness, may include, but may not be limited to,

21

the participant obtaining life-skills training, homelessness services, domestic violence services,

22

special services for families provided by the department of children youth and families, substance

23

abuse treatment, mental health treatment, or rehabilitation activities as appropriate for those who

24

are otherwise employable. The services, treatment, or therapy must be determined to be necessary

25

and certified by a qualified medical or mental health professional. Intensive work-readiness

26

services may include work-based literacy, numeracy, hands-on training, work experience, and case

27

management services. Nothing in this section shall be interpreted to mean that the department of

28

labor and training shall be the sole provider of job-readiness activities described herein.

29

     (16) "Job skills training directly related to employment" means training or education for

30

job skills required by an employer to provide an individual with the ability to obtain employment

31

or to advance or adapt to the changing demands of the workplace. Job skills training directly related

32

to employment must be supervised on an ongoing basis.

33

     (17) "Minor parent" means a parent under the age of eighteen (18). A minor parent may be

34

an applicant or recipient with his or her dependent child(ren) in his/her own case or a member of

 

Art13
RELATING TO HUMAN SERVICES
(Page 18 of 42)

1

an assistance unit with his or her dependent child(ren) in a case established by the minor parent's

2

parent.

3

     (18) "Net income" means the total gross income of the assistance unit less allowable

4

disregards and deductions as described in § 40-5.2-10(g).

5

     (19) "On-the-job-training" means training in the public or private sector that is given to a

6

paid employee while he or she is engaged in productive work and that provides knowledge and

7

skills essential to the full and adequate performance of the job. On-the-job training must be

8

supervised by an employer, work-site sponsor, or other designee of the department of human

9

services on an ongoing basis.

10

     (20) "Participant" means a person who has been found eligible for assistance in accordance

11

with this chapter and who must comply with all requirements of this chapter, and has entered into

12

an individual employment plan. A participant may be a parent or non-parent caretaker relative

13

included in the cash assistance payment.

14

     (21) "Recipient" means a person who has been found eligible and receives cash assistance

15

in accordance with this chapter.

16

     (22) "Relative" means a parent, stepparent, grandparent, great grandparent, great-great

17

grandparent, aunt, great-aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother,

18

stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great-

19

niece, great-great niece, nephew, great-nephew, or great-great nephew.

20

     (23) "Resident" means a person who maintains residence by his or her continuous physical

21

presence in the state.

22

     (24) "Self-employment income" means the total profit from a business enterprise, farming,

23

etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses

24

directly related to producing the goods or services and without which the goods or services could

25

not be produced. However, items such as depreciation, personal business and entertainment

26

expenses, and personal transportation are not considered business expenses for the purposes of

27

determining eligibility for cash assistance in accordance with this chapter.

28

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

29

     (26) "Subsidized employment" means employment in the private or public sectors for

30

which the employer receives a subsidy from TANF or other public funds to offset some or all of

31

the wages and costs of employing a recipient. It includes work in which all or a portion of the wages

32

paid to the recipient are provided to the employer either as a reimbursement for the extra costs of

33

training or as an incentive to hire the recipient, including, but not limited to, grant diversion.

34

     (27) "Subsidized housing" means housing for a family whose rent is restricted to a

 

Art13
RELATING TO HUMAN SERVICES
(Page 19 of 42)

1

percentage of its income.

2

     (28) "Unsubsidized employment" means full- or part-time employment in the public or

3

private sector that is not subsidized by TANF or any other public program.

4

     (29) "Vocational educational training" means organized educational programs, not to

5

exceed twelve (12) months with respect to any participant, that are directly related to the preparation

6

of participants for employment in current or emerging occupations. Vocational educational training

7

must be supervised.

8

     (30) "Work activities" mean the specific work requirements that must be defined in the

9

individual employment plan and must be complied with by the participant as a condition of

10

eligibility for the receipt of cash assistance for single and two-family (2) households outlined in §

11

40-5.2-12 of this chapter.

12

     (31) "Work experience" means a work activity that provides a participant with an

13

opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain

14

employment. The purpose of work experience is to improve the employability of those who cannot

15

find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee

16

of the department must supervise this activity.

17

     (32) "Work supplementation," also known as "grant diversion," means the use of all or a

18

portion of a participant's cash assistance grant and food stamp grant as a wage supplement to an

19

employer. The supplement shall be limited to a maximum period of twelve (12) months. An

20

employer must agree to continue the employment of the participant as part of the regular work

21

force, beyond the supplement period, if the participant demonstrates satisfactory performance.

22

     40-5.2-10. Necessary requirements and conditions.

23

     The following requirements and conditions shall be necessary to establish eligibility for

24

the program.

25

     (a) Citizenship, alienage, and residency requirements.

26

     (1) A person shall be a resident of the State of Rhode Island.

27

     (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the

28

alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity

29

Reconciliation Act of 1996, PRWORA, Public Laws No. 104-193 and as that section may hereafter

30

be amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the

31

alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in

32

accordance with this chapter.

33

     (b) The family/assistance unit must meet any other requirements established by the

34

department of human services by rules and regulations adopted pursuant to the Administrative

 

Art13
RELATING TO HUMAN SERVICES
(Page 20 of 42)

1

Procedures Act, as necessary to promote the purpose and goals of this chapter.

2

     (c) Receipt of cash assistance is conditional upon compliance with all program

3

requirements.

4

     (d) All individuals domiciled in this state shall be exempt from the application of

5

subdivision 115(d)(1)(A) of Public Law 104-193, the Personal Responsibility and Work

6

Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any

7

individual ineligible for certain state and federal assistance if that individual has been convicted

8

under federal or state law of any offense that is classified as a felony by the law of the jurisdiction

9

and that has as an element the possession, use, or distribution of a controlled substance as defined

10

in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).

11

     (e) Individual employment plan as a condition of eligibility.

12

     (1) Following receipt of an application, the department of human services shall assess the

13

financial conditions of the family, including the non-parent caretaker relative who is applying for

14

cash assistance for himself or herself as well as for the minor child(ren), in the context of an

15

eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-

16

employed, the department shall conduct an initial assessment, taking into account: (A) The physical

17

capacity, skills, education, work experience, health, safety, family responsibilities and place of

18

residence of the individual; and (B) The child care and supportive services required by the applicant

19

to avail himself or herself of employment opportunities and/or work readiness programs.

20

     (2) On the basis of this assessment, the department of human services and the department

21

of labor and training, as appropriate, in consultation with the applicant, shall develop an individual

22

employment plan for the family which requires the individual to participate in the intensive

23

employment services. Intensive employment services shall be defined as the work requirement

24

activities in § 40-5.2-12(g) and (i).

25

     (3) The director, or his or her designee, may assign a case manager to an

26

applicant/participant, as appropriate.

27

     (4) The department of labor and training and the department of human services in

28

conjunction with the participant shall develop a revised individual employment plan that shall

29

identify employment objectives, taking into consideration factors above, and shall include a

30

strategy for immediate employment and for preparing for, finding, and retaining employment

31

consistent, to the extent practicable, with the individual's career objectives.

32

     (5) The individual employment plan must include the provision for the participant to

33

engage in work requirements as outlined in § 40-5.2-12.

34

     (6)(i) The participant shall attend and participate immediately in intensive assessment and

 

Art13
RELATING TO HUMAN SERVICES
(Page 21 of 42)

1

employment services as the first step in the individual employment plan, unless temporarily exempt

2

from this requirement in accordance with this chapter. Intensive assessment and employment

3

services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).

4

     (ii) Parents under age twenty (20) without a high school diploma or general equivalency

5

diploma (GED) shall be referred to special teen parent programs which will provide intensive

6

services designed to assist teen parents to complete high school education or GED, and to continue

7

approved work plan activities in accord with Rhode Island works program requirements.

8

     (7) The applicant shall become a participant in accordance with this chapter at the time the

9

individual employment plan is signed and entered into.

10

     (8) Applicants and participants of the Rhode Island works program shall agree to comply

11

with the terms of the individual employment plan, and shall cooperate fully with the steps

12

established in the individual employment plan, including the work requirements.

13

     (9) The department of human services has the authority under the chapter to require

14

attendance by the applicant/participant, either at the department of human services or at the

15

department of labor and training, at appointments deemed necessary for the purpose of having the

16

applicant enter into and become eligible for assistance through the Rhode Island works program.

17

The appointments include, but are not limited to, the initial interview, orientation and assessment;

18

job readiness and job search. Attendance is required as a condition of eligibility for cash assistance

19

in accordance with rules and regulations established by the department.

20

     (10) As a condition of eligibility for assistance pursuant to this chapter, the

21

applicant/participant shall be obligated to keep appointments, attend orientation meetings at the

22

department of human services and/or the Rhode Island department of labor and training; participate

23

in any initial assessments or appraisals; and comply with all the terms of the individual employment

24

plan in accordance with department of human services rules and regulations.

25

     (11) A participant, including a parent or non-parent caretaker relative included in the cash

26

assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as

27

defined in this chapter or the department's rules and regulations.

28

     (12) A participant who voluntarily quits or refuses a job without good cause, as defined in

29

§ 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned

30

in accordance with rules and regulations promulgated by the department.

31

     (f) Resources.

32

     (1) The family or assistance unit's countable resources shall be less than the allowable

33

resource limit established by the department in accordance with this chapter.

34

     (2) No family or assistance unit shall be eligible for assistance payments if the combined

 

Art13
RELATING TO HUMAN SERVICES
(Page 22 of 42)

1

value of its available resources (reduced by any obligations or debts with respect to such resources)

2

exceeds one thousand dollars ($1,000).

3

     (3) For purposes of this subsection, the following shall not be counted as resources of the

4

family/assistance unit in the determination of eligibility for the works program:

5

     (i) The home owned and occupied by a child, parent, relative or other individual;

6

     (ii) Real property owned by a husband and wife as tenants by the entirety, if the property

7

is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in

8

the property;

9

     (iii) Real property that the family is making a good faith effort to dispose of, however, any

10

cash assistance payable to the family for any such period shall be conditioned upon such disposal

11

of the real property within six (6) months of the date of application and any payments of assistance

12

for that period shall (at the time of disposal) be considered overpayments to the extent that they

13

would not have occurred at the beginning of the period for which the payments were made. All

14

overpayments are debts subject to recovery in accordance with the provisions of the chapter;

15

     (iv) Income-producing property other than real estate including, but not limited to,

16

equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or

17

services that the department determines are necessary for the family to earn a living;

18

     (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per

19

household, and in addition, a vehicle used primarily for income producing purposes such as, but

20

not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle that annually

21

produces income consistent with its fair market value, even if only used on a seasonal basis; a

22

vehicle necessary to transport a family member with a disability where the vehicle is specially

23

equipped to meet the specific needs of the person with a disability or if the vehicle is a special type

24

of vehicle that makes it possible to transport the person with a disability;

25

     (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of

26

limited value;

27

     (vii) Burial plots (one for each child, relative, and other individual in the assistance unit)

28

and funeral arrangements;

29

     (viii) For the month of receipt and the following month, any refund of federal income taxes

30

made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating

31

to earned income tax credit), and any payment made to the family by an employer under § 3507 of

32

the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of

33

such earned income credit);

34

     (ix) The resources of any family member receiving supplementary security income

 

Art13
RELATING TO HUMAN SERVICES
(Page 23 of 42)

1

assistance under the Social Security Act, 42 U.S.C. § 301 et seq.

2

     (x) Any veteran's disability pension benefits received as a result of any disability sustained

3

by the veteran while in the military service.

4

     (g) Income.

5

     (1) Except as otherwise provided for herein, in determining eligibility for and the amount

6

of cash assistance to which a family is entitled under this chapter, the income of a family includes

7

all of the money, goods, and services received or actually available to any member of the family.

8

     (2) In determining the eligibility for and the amount of cash assistance to which a

9

family/assistance unit is entitled under this chapter, income in any month shall not include the first

10

one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross earnings

11

of the family in excess of one hundred seventy dollars ($170) earned during the month.

12

     (3) The income of a family shall not include:

13

     (i) The first fifty dollars ($50.00) in child support received in any month from each non-

14

custodial parent of a child plus any arrearages in child support (to the extent of the first fifty dollars

15

($50.00) per month multiplied by the number of months in which the support has been in arrears)

16

that are paid in any month by a non-custodial parent of a child;

17

     (ii) Earned income of any child;

18

     (iii) Income received by a family member who is receiving supplemental security income

19

(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;

20

     (iv) The value of assistance provided by state or federal government or private agencies to

21

meet nutritional needs, including: value of USDA donated foods; value of supplemental food

22

assistance received under the Child Nutrition Act of 1966, as amended and the special food service

23

program for children under Title VII, nutrition program for the elderly, of the Older Americans Act

24

of 1965 as amended, and the value of food stamps;

25

     (v) Value of certain assistance provided to undergraduate students, including any grant or

26

loan for an undergraduate student for educational purposes made or insured under any loan program

27

administered by the United States Commissioner of Education (or the Rhode Island council on

28

postsecondary education or the Rhode Island division of higher education assistance);

29

     (vi) Foster care payments;

30

     (vii) Home energy assistance funded by state or federal government or by a nonprofit

31

organization;

32

     (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made

33

to foster grandparents, senior health aides or senior companions and to persons serving in SCORE

34

and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act

 

Art13
RELATING TO HUMAN SERVICES
(Page 24 of 42)

1

of 1973, 42 U.S.C. § 5000 et seq.;

2

     (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department's rules

3

and regulations;

4

     (x) Certain payments to native Americans; payments distributed per capita to, or held in

5

trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,

6

25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes

7

which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,

8

1975;

9

     (xi) Refund from the federal and state earned income tax credit;

10

     (xii) The value of any state, local, or federal government rent or housing subsidy, provided

11

that this exclusion shall not limit the reduction in benefits provided for in the payment standard

12

section of this chapter.

13

     (xiii) The earned income of any adult family member who gains employment while an

14

active RI Works household member. Such income is excluded for the first six (6) months of

15

employment in which the income is earned, or until the household's total gross income exceeds one

16

hundred and eighty five (185) percent of the federal poverty level, unless the household reaches its

17

forty-eight (48) month time limit first.

18

     (xiv) Any veteran's disability pension benefits received as a result of any disability

19

sustained by the veteran while in the military service.

20

     (4) The receipt of a lump sum of income shall affect participants for cash assistance in

21

accordance with rules and regulations promulgated by the department.

22

     (h) Time limit on the receipt of cash assistance.

23

     (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this

24

chapter, to a family or assistance unit that includes an adult member who has received cash

25

assistance for a total of forty-eight (48) months (whether or not consecutive), to include any time

26

receiving any type of cash assistance in any other state or territory of the United States of America

27

as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3)

28

with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to

29

a family or assistance unit which includes an adult member who has received cash assistance for a

30

total of a lifetime limit of forty-eight (48) months.

31

     (2) Cash benefits received by a minor dependent child shall not be counted toward their

32

lifetime time limit for receiving benefits under this chapter should that minor child apply for cash

33

benefits as an adult.

34

     (3) Certain minor children not subject to time limit. This section regarding the lifetime time

 

Art13
RELATING TO HUMAN SERVICES
(Page 25 of 42)

1

limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren)

2

living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult

3

non-parent caretaker relative who is not in the cash assistance payment.

4

     (4) Receipt of family cash assistance in any other state or territory of the United States of

5

America shall be determined by the department of human services and shall include family cash

6

assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds

7

[Title IV-A of the Federal Social Security Act 42 U.S.C. § 601 et seq.] and/or family cash assistance

8

provided under a program similar to the Rhode Island families work and opportunity program or

9

the federal TANF program.

10

     (5)(i) The department of human services shall mail a notice to each assistance unit when

11

the assistance unit has six (6) months of cash assistance remaining and each month thereafter until

12

the time limit has expired. The notice must be developed by the department of human services and

13

must contain information about the lifetime time limit, the number of months the participant has

14

remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus,

15

and any other information pertinent to a family or an assistance unit nearing the forty-eight-month

16

(48) lifetime time limit.

17

     (ii) For applicants who have less than six (6) months remaining in the forty-eight-month

18

(48) lifetime time limit because the family or assistance unit previously received cash assistance in

19

Rhode Island or in another state, the department shall notify the applicant of the number of months

20

remaining when the application is approved and begin the process required in subsection (h)(5)(i).

21

     (6) If a cash assistance recipient family was closed pursuant to Rhode Island's Temporary

22

Assistance for Needy Families Program (federal TANF described in Title IV A of the Federal

23

Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family

24

independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction

25

because of failure to comply with the cash assistance program requirements; and that recipient

26

family received forty-eight (48) months of cash benefits in accordance with the family

27

independence program, then that recipient family is not able to receive further cash assistance for

28

his/her family, under this chapter, except under hardship exceptions.

29

     (7) The months of state or federally funded cash assistance received by a recipient family

30

since May 1, 1997, under Rhode Island's Temporary Assistance for Needy Families Program

31

(federal TANF described in Title IV A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.),

32

formerly entitled the Rhode Island family independence program, shall be countable toward the

33

time limited cash assistance described in this chapter.

34

     (i) Time limit on the receipt of cash assistance.

 

Art13
RELATING TO HUMAN SERVICES
(Page 26 of 42)

1

     (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance

2

unit in which an adult member has received cash assistance for a total of sixty (60) months (whether

3

or not consecutive) to include any time receiving any type of cash assistance in any other state or

4

territory of the United States as defined herein effective August 1, 2008. Provided further, that no

5

cash assistance shall be provided to a family in which an adult member has received assistance for

6

twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan

7

as provided in § 40-5.2-12(g)(5).

8

     (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter

9

to a family in which a child has received cash assistance for a total of sixty (60) months (whether

10

or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to

11

subdivision 40-5.2(a) (2) to include any time they received any type of cash assistance in any other

12

state or territory of the United States as defined herein.

13

     (j) Hardship exceptions.

14

     (1) The department may extend an assistance unit's or family's cash assistance beyond the

15

time limit, by reason of hardship; provided, however, that the number of families to be exempted

16

by the department with respect to their time limit under this subsection shall not exceed twenty

17

percent (20%) of the average monthly number of families to which assistance is provided for under

18

this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by

19

federal law, any waiver granted under § 40-5.2-35, for domestic violence, shall not be counted in

20

determining the twenty percent (20%) maximum under this section.

21

     (2) Parents who receive extensions to the time limit due to hardship must have and comply

22

with employment plans designed to remove or ameliorate the conditions that warranted the

23

extension.

24

     (k) Parents under eighteen (18) years of age.

25

     (1) A family consisting of a parent who is under the age of eighteen (18), and who has

26

never been married, and who has a child; or a family consisting of a woman under the age of

27

eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if

28

the family resides in the home of an adult parent, legal guardian, or other adult relative. The

29

assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of

30

the individual and child unless otherwise authorized by the department.

31

     (2) This subsection shall not apply if the minor parent or pregnant minor has no parent,

32

legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the

33

department determines that the physical or emotional health or safety of the minor parent, or his or

34

her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same

 

Art13
RELATING TO HUMAN SERVICES
(Page 27 of 42)

1

residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal

2

guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor,

3

to live in his or her home shall constitute a presumption that the health or safety would be so

4

jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or

5

legal guardian for a period of at least one year before either the birth of any child to a minor parent

6

or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental

7

regulations, for waiving the subsection; and the individual resides in a supervised supportive living

8

arrangement to the extent available.

9

     (3) For purposes of this section, "supervised supportive-living arrangement" means an

10

arrangement that requires minor parents to enroll and make satisfactory progress in a program

11

leading to a high school diploma or a general education development certificate, and requires minor

12

parents to participate in the adolescent parenting program designated by the department, to the

13

extent the program is available; and provides rules and regulations that ensure regular adult

14

supervision.

15

     (l) Assignment and cooperation. As a condition of eligibility for cash and medical

16

assistance under this chapter, each adult member, parent, or caretaker relative of the

17

family/assistance unit must:

18

     (1) Assign to the state any rights to support for children within the family from any person

19

that the family member has at the time the assignment is executed or may have while receiving

20

assistance under this chapter;

21

     (2) Consent to and cooperate with the state in establishing the paternity and in establishing

22

and/or enforcing child support and medical support orders for all children in the family or assistance

23

unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker

24

relative is found to have good cause for refusing to comply with the requirements of this subsection.

25

     (3) Absent good cause, as defined by the department of human services through the rule-

26

making process, for refusing to comply with the requirements of (l)(1) and (l)(2), cash assistance

27

to the family shall be reduced by twenty-five percent (25%) until the adult member of the family

28

who has refused to comply with the requirements of this subsection consents to and cooperates with

29

the state in accordance with the requirements of this subsection.

30

     (4) As a condition of eligibility for cash and medical assistance under this chapter, each

31

adult member, parent, or caretaker relative of the family/assistance unit must consent to and

32

cooperate with the state in identifying and providing information to assist the state in pursuing any

33

third-party who may be liable to pay for care and services under Title XIX of the Social Security

34

Act, 42 U.S.C. § 1396 et seq.

 

Art13
RELATING TO HUMAN SERVICES
(Page 28 of 42)

1

     40-5.2-11. Cash assistance.

2

     (a) A family or assistance unit found by the department to meet the eligibility criteria set

3

forth in this chapter shall be eligible to receive cash assistance as of the date a signed, written

4

application, signed under a penalty of perjury, is received by the department.

5

     (b) The family members or assistance unit shall be eligible for cash assistance for so long

6

as they continue to meet the eligibility criteria outlined in accordance with this chapter. Parents and

7

adult non-parent caretaker relatives receiving cash assistance shall be eligible so long as they meet

8

the terms and conditions of the work requirements of § 40-5.2-12. An adult caretaker relative shall

9

be eligible for assistance as a member of the assistance unit so long as he/she meets all the eligibility

10

requirements of this chapter.

11

     (c) The monthly amount of cash assistance shall be equal to the payment standard for the

12

family minus the countable income of the family in that month. The department is authorized to

13

reduce the amount of assistance in the month of application to reflect the number of the days

14

between the first day of the month and the effective date of the application.

15

     (d) A decision on the application for assistance shall be made or rejected by the department

16

no later than thirty (30) days following the date submitted and shall be effective as of the date of

17

application.

18

     (e) The payment standard is equal to the sum of the following: three hundred twenty-seven

19

dollars ($327) (two hundred seventy-seven dollars ($277) four hundred twenty-five dollars ($425)

20

(three hundred sixty dollars ($360) for a family residing in subsidized housing) for the first person,

21

one hundred twenty-two dollars ($122) one hundred fifty-nine dollars ($159) for the second person,

22

one hundred five dollars ($105) one hundred thirty-seven dollars ($137) for the third person and

23

eighty dollars ($80) and one hundred four dollars ($104) for each additional person.

24

     40-5.2-20. Childcare assistance - Families or assistance units eligible.

25

     (a) The department shall provide appropriate child care to every participant who is eligible

26

for cash assistance and who requires child care in order to meet the work requirements in

27

accordance with this chapter.

28

     (b) Low-income child care. The department shall provide child care to all other working

29

families with incomes at or below one hundred eighty percent (180%) of the federal poverty level

30

if, and to the extent, these other families require child care in order to work at paid employment as

31

defined in the department's rules and regulations. Beginning October 1, 2013, the department shall

32

also provide child care to families with incomes below one hundred eighty percent (180%) of the

33

federal poverty level if, and to the extent, these families require child care to participate on a short-

34

term basis, as defined in the department's rules and regulations, in training, apprenticeship,

 

Art13
RELATING TO HUMAN SERVICES
(Page 29 of 42)

1

internship, on-the-job training, work experience, work immersion, or other job-readiness/job-

2

attachment program sponsored or funded by the human resource investment council (governor's

3

workforce board) or state agencies that are part of the coordinated program system pursuant to §

4

42-102-11. Effective from January 1, 2021 through June 30, 2022, the department shall also provide

5

child care assistance to families with incomes below one hundred eighty percent (180%) of the

6

federal poverty level when such assistance is necessary for a member of these families to enroll or

7

maintain enrollment in a Rhode Island public institution of higher education provided that

8

eligibility to receive funding is capped when expenditures reach $200,000 for this provision.

9

     (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if

10

the combined value of its liquid resources exceeds one million dollars ($1,000,000), which

11

corresponds to the amount permitted by the federal government under the state plan and set forth

12

in the administrative rulemaking process by the department. Liquid resources are defined as any

13

interest(s) in property in the form of cash or other financial instruments or accounts that are readily

14

convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit

15

union, or other financial institution savings, checking, and money market accounts; certificates of

16

deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments

17

or accounts. These do not include educational savings accounts, plans, or programs; retirement

18

accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse.

19

The department is authorized to promulgate rules and regulations to determine the ownership and

20

source of the funds in the joint account.

21

     (d) As a condition of eligibility for childcare assistance under this chapter, the parent or

22

caretaker relative of the family must consent to, and must cooperate with, the department in

23

establishing paternity, and in establishing and/or enforcing child support and medical support

24

orders for any children in the family receiving appropriate child care under this section in

25

accordance with the applicable sections of title 15 of the state's general laws, as amended, unless

26

the parent or caretaker relative is found to have good cause for refusing to comply with the

27

requirements of this subsection.

28

     (e) For purposes of this section, "appropriate child care" means child care, including infant,

29

toddler, pre-school, nursery school, and school-age, that is provided by a person or organization

30

qualified, approved, and authorized to provide the care by the state agency or agencies designated

31

to make the determinations in accordance with the provisions set forth herein.

32

     (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal

33

poverty level guidelines shall be provided with free child care. Families with incomes greater than

34

one hundred percent (100%) and less than one hundred eighty percent (180%) of the applicable

 

Art13
RELATING TO HUMAN SERVICES
(Page 30 of 42)

1

federal poverty guideline shall be required to pay for some portion of the child care they receive,

2

according to a sliding-fee scale adopted by the department in the department's rules.

3

     (2) Families who are receiving childcare assistance and who become ineligible for

4

childcare assistance as a result of their incomes exceeding one hundred eighty percent (180%) of

5

the applicable federal poverty guidelines shall continue to be eligible for childcare assistance until

6

their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty

7

guidelines. To be eligible, the families must continue to pay for some portion of the child care they

8

receive, as indicated in a sliding-fee scale adopted in the department's rules and in accordance with

9

all other eligibility standards.

10

     (g) In determining the type of child care to be provided to a family, the department shall

11

take into account the cost of available childcare options; the suitability of the type of care available

12

for the child; and the parent's preference as to the type of child care.

13

     (h) For purposes of this section, "income" for families receiving cash assistance under §

14

40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in

15

§§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and

16

unearned income as determined by departmental regulations.

17

     (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast

18

the expenditures for child care in accordance with the provisions of § 35-17-1.

19

     (j) In determining eligibility for childcare assistance for children of members of reserve

20

components called to active duty during a time of conflict, the department shall freeze the family

21

composition and the family income of the reserve component member as it was in the month prior

22

to the month of leaving for active duty. This shall continue until the individual is officially

23

discharged from active duty.

24

     40-5.2-33. School-age children Child clothing allowance.

25

      Subject to general assembly appropriation, one One month each year, each dependent

26

school age child as defined by the department of human services who lives in a family receiving

27

cash assistance under this chapter in that month shall be given a supplementary payment of no less

28

than one hundred dollars ($100) for the purchase of clothing in accordance with Title IV-A of the

29

Social Security Act, 42 U.S.C. § 601 et seq.

30

     SECTION 7. Sections 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child

31

Care – State Subsidies" is hereby amended to read as follows:

32

     40-6.2-1.1. Rates established.

33

     (a) Through June 30, 2015, subject to the payment limitations in subsection (c), the

34

maximum reimbursement rates to be paid by the departments of human services and children, youth

 

Art13
RELATING TO HUMAN SERVICES
(Page 31 of 42)

1

and families for licensed childcare centers and licensed family childcare providers shall be based

2

on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the

3

average of the 75th percentile of the 2002 and the 2004 weekly market rates:

4

LICENSED CHILDCARE CENTERS 75th PERCENTILE OF WEEKLY

5

MARKET RATE

6

INFANT $182.00

7

PRESCHOOL $150.00

8

SCHOOL-AGE $135.00

9

LICENSED FAMILY CHILDCARE 75th PERCENTILE OF WEEKLY

10

PROVIDERS MARKET RATE

11

INFANT $150.00

12

PRESCHOOL $150.00

13

SCHOOL-AGE $135.00

14

     Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum

15

reimbursement rates to be paid by the departments of human services and children, youth and

16

families for licensed childcare centers and licensed family childcare providers shall be based on the

17

above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of

18

the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by

19

ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare

20

providers and license-exempt providers and then the rates for all providers for all age groups shall

21

be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare

22

centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty-

23

four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one

24

cents ($161.71) for preschool-age children.

25

     (b) Effective July l, 2018, subject to the payment limitations in subsection (c), the

26

maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of

27

human services and children, youth and families for licensed childcare centers shall be

28

implemented in a tiered manner, reflective of the quality rating the provider has achieved within

29

the state's quality rating system outlined in § 42-12-23.1.

30

     (1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent

31

(2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above

32

the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY

33

2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly

34

amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly

 

Art13
RELATING TO HUMAN SERVICES
(Page 32 of 42)

1

amount.

2

     (2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half

3

(2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%)

4

above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY

5

2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018

6

weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018

7

weekly amount.

8

     (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4.]

9

     (d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and

10

training shall conduct an independent survey or certify an independent survey of the then-current

11

weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey

12

to the department of human services. The next survey shall be conducted by June 30, 2016, and

13

triennially thereafter. The departments of human services and labor and training will jointly

14

determine the survey criteria including, but not limited to, rate categories and sub-categories.

15

     (e) In order to expand the accessibility and availability of quality child care, the department

16

of human services is authorized to establish, by regulation, alternative or incentive rates of

17

reimbursement for quality enhancements, innovative or specialized child care, and alternative

18

methodologies of childcare delivery, including nontraditional delivery systems and collaborations.

19

     (f) Effective January 1, 2007, all childcare providers have the option to be paid every two

20

(2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of

21

reimbursement payments.

22

     (g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by

23

the departments of human services and children, youth and families for licensed family childcare

24

providers shall be implemented in a tiered manner, reflective of the quality rating the provider has

25

achieved within the state's quality rating system outlined in § 42-12-23.1. Tier one shall be

26

reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three

27

percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the

28

prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the

29

prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base

30

rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier

31

five shall be reimbursed twenty-three percent (23%) above the prevailing base rate.

32

     (h) Through December 31, 2021, the maximum reimbursement rates paid by the

33

departments of human services, and children, youth and families to licensed childcare centers shall

34

be consistent with the enhanced emergency rates provided as of June 1, 2021 as follows:

 

Art13
RELATING TO HUMAN SERVICES
(Page 33 of 42)

1

      Tier 1 Tier 2 Tier 3 Tier 4 Tier 5

2

     Infant/Toddler $257.54 $257.54 $257.54 $257.54 $273.00

3

     Pre-school Age $195.67 $195.67 $195.67 $195.67 $260.00

4

     School Age $200.00 $200.00 $200.00 $200.00 $245.00

5

     The maximum reimbursement rates paid by the departments of human services, and

6

children, youth and families to licensed family childcare providers shall be consistent with the

7

enhanced emergency rates provided as of June 1, 2021 as follows:

8

      Tier 1 Tier 2 Tier 3 Tier 4 Tier 5

9

     Infant/Toddler $224.43 $224.43 $224.43 $224.43 $224.43

10

     Pre-school Age $171.45 $171.45 $171.45 $171.45 $171.45

11

     School Age $162.30 $162.30 $162.30 $162.30 $162.30

12

     (i) Effective July 1, 2022, the maximum reimbursement rates to be paid by the departments

13

of human services and children, youth and families for licensed childcare centers shall be

14

implemented in a tiered manner, reflective of the quality rating the provider has achieved within

15

the state's quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be

16

reimbursed as follows:

17

     LICENSED CHILDCARE

18

     CENTERS Tier One Tier Two Tier Three Tier Four Tier Five

19

     Infant/Toddler $236.36 $244.88 $257.15 $268.74 $284.39

20

     Preschool $207.51 $212.27 $218.45 $223.50 $231.39

21

     School-Age $180.38 $182.77 $185.17 $187.57 $189.97

22

     The maximum reimbursement rates for licensed family childcare providers paid by the

23

departments of human services, and children, youth and families is determined through collective

24

bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid

25

to licensed family childcare providers by both departments is implemented in a tiered manner that

26

reflects the quality rating the provider has achieved in accordance with § 42-12-23.1.

27

     SECTION 8. Sections 42-56-20.2, 42-56-24 and 42-56-38 of the General Laws in Chapter

28

42-56 entitled "Corrections Department" are hereby amended to read as follows:

29

     42-56-20.2. Community confinement.

30

     (a) Persons subject to this section. Every person who shall have been adjudged guilty of

31

any crime after trial before a judge, a judge and jury, or before a single judge entertaining the

32

person's plea of nolo contendere or guilty to an offense ("adjudged person"), and every person

33

sentenced to imprisonment in the adult correctional institutions ("sentenced person") including

34

those sentenced or imprisoned for civil contempt, and every person awaiting trial at the adult

 

Art13
RELATING TO HUMAN SERVICES
(Page 34 of 42)

1

correctional institutions ("detained person") who meets the criteria set forth in this section shall be

2

subject to the terms of this section except:

3

     (1) Any person who is unable to demonstrate that a permanent place of residence ("eligible

4

residence") within this state is available to that person; or

5

     (2) Any person who is unable to demonstrate that he or she will be regularly employed, or

6

enrolled in an educational or vocational training program within this state, and within thirty (30)

7

days following the institution of community confinement; or

8

     (3)(i) Any adjudged person or sentenced person or detained person who has been

9

convicted, within the five (5) years next preceding the date of the offense for which he or she is

10

currently so adjudged or sentenced or detained, of a violent felony.

11

     A "violent felony" as used in this section shall mean any one of the following crimes or an

12

attempt to commit that crime: murder, manslaughter, sexual assault, mayhem, robbery, burglary,

13

assault with a dangerous weapon, assault or battery involving serious bodily injury, arson, breaking

14

and entering into a dwelling, child molestation, kidnapping, DWI resulting in death or serious

15

injury, driving to endanger resulting in death or serious injury; or

16

     (ii) Any person currently adjudged guilty of or sentenced for or detained on any capital

17

felony; or

18

     (iii) Any person currently adjudged guilty of or sentenced for or detained on a felony

19

offense involving the use of force or violence against a person or persons.

20

     These shall include, but are not limited to, those offenses listed in subsection (a)(3)(i) of

21

this section; or

22

     (iv) Any person currently adjudged guilty, sentenced, or detained for the sale, delivery, or

23

possession with intent to deliver a controlled substance in violation of § 21-28-4.01(a)(4)(i) or

24

possession of a certain enumerated quantity of a controlled substance in violation of §§ 21-28-

25

4.01.1 or 21-28-4.01.2; or

26

     (v) Any person currently adjudged guilty of, or sentenced for, or detained on an offense

27

involving the illegal possession of a firearm.

28

     (b) Findings prior to sentencing to community confinement. In the case of adjudged

29

persons, if the judge intends to impose a sentence of community confinement, he or she shall first

30

make specific findings, based on evidence regarding the nature and circumstances of the offense

31

and the personal history, character, record, and propensities of the defendant which are relevant to

32

the sentencing determination, and these findings shall be placed on the record at the time of

33

sentencing. These findings shall include, but are not limited to:

34

     (1) A finding that the person does not demonstrate a pattern of behavior indicating a

 

Art13
RELATING TO HUMAN SERVICES
(Page 35 of 42)

1

propensity for violent behavior;

2

     (2) A finding that the person meets each of the eligibility criteria set forth in subsection (a);

3

     (3) A finding that simple probation is not an appropriate sentence;

4

     (4) A finding that the interest of justice requires, for specific reasons, a sentence of non-

5

institutional confinement; and

6

     (5) A finding that the person will not pose a risk to public safety if placed in community

7

confinement.

8

     The facts supporting these findings shall be placed on the record and shall be subject to

9

review on appeal.

10

     (c) Community confinement.

11

     (1) There shall be established within the department of corrections, a community

12

confinement program to serve that number of adjudged persons, sentenced persons, and detainees,

13

that the director of the department of corrections ("director") shall determine on or before July 1 of

14

each year. Immediately upon that determination, the director shall notify the presiding justice of

15

the superior court of the number of adjudged persons, sentenced persons, and detainees that can be

16

accommodated in the community confinement program for the succeeding twelve (12) months.

17

One-half (1/2) of all persons sentenced to community confinement shall be adjudged persons, and

18

the balance shall be detainees and sentenced persons. The director shall provide to the presiding

19

justice of the superior court and the family court on the first day of each month a report to set forth

20

the number of adjudged persons, sentenced persons, and detainees participating in the community

21

confinement program as of each reporting date. Notwithstanding any other provision of this section,

22

if on April 1 of any fiscal year less than one-half (1/2) of all persons sentenced to community

23

confinement shall be adjudged persons, then those available positions in the community

24

confinement program may be filled by sentenced persons or detainees in accordance with the

25

procedures set forth in subsection (c)(2) of this section.

26

     (2) In the case of inmates other than those classified to community confinement under

27

subsection (h) of this section, the director may make written application ("application") to the

28

sentencing judge for an order ("order") directing that a sentenced person or detainee be confined

29

within an eligible residence for a period of time, which in the case of a sentenced person, shall not

30

exceed the term of imprisonment. This application and order shall contain a recommendation for a

31

program of supervision and shall contain the findings set forth in subsections (b)(1), (b)(2), (b)(3),

32

(b)(4), and (b)(5) of this section and facts supporting these findings. The application and order may

33

contain a recommendation for the use of electronic surveillance or monitoring devices. The hearing

34

on this application shall be held within ten (10) business days following the filing of this

 

Art13
RELATING TO HUMAN SERVICES
(Page 36 of 42)

1

application. If the sentencing judge is unavailable to hear and consider the application the presiding

2

justice of the superior court shall designate another judge to do so.

3

     (3) In lieu of any sentence that may be otherwise imposed upon any person subject to this

4

section, the sentencing judge may cause an adjudged person to be confined within an eligible

5

residence for a period of time not to exceed the term of imprisonment otherwise authorized by the

6

statute the adjudged person has been adjudged guilty of violating.

7

     (4) With authorization by the sentencing judge, or, in the case of sentenced persons

8

classified to community confinement under subsection (h) of this section by the director of

9

corrections, or in accordance with the order, persons confined under the provisions of this chapter

10

may be permitted to exit the eligible residence in order to travel directly to and from their place of

11

employment or education or training and may be confined in other terms or conditions consistent

12

with the basic needs of that person that justice may demand, including the right to exit the eligible

13

residence to which that person is confined for certain enumerated purposes such as religious

14

observation, medical and dental treatment, participation in an education or vocational training

15

program, and counseling, all as set forth in the order.

16

     (d) Administration.

17

     (1) Community confinement. The supervision of persons confined under the provisions of

18

this chapter shall be conducted by the director, or his or her designee.

19

     (2) Intense surveillance. The application and order shall prescribe a program of intense

20

surveillance and supervision by the department of corrections. Persons confined under the

21

provisions of this section shall be subject to searches of their persons or of their property when

22

deemed necessary by the director, or his or her designee, in order to ensure the safety of the

23

community, supervisory personnel, the safety and welfare of that person, and/or to ensure

24

compliance with the terms of that person's program of community confinement; provided, however,

25

that no surveillance, monitoring or search shall be done at manifestly unreasonable times or places

26

nor in a manner or by means that would be manifestly unreasonable under the circumstances then

27

present.

28

     (3) The use of any electronic surveillance or monitoring device which is affixed to the body

29

of the person subject to supervision is expressly prohibited unless set forth in the application and

30

order or, in the case of sentenced persons classified to community confinement under subsection

31

(h), otherwise authorized by the director of corrections.

32

     (4) Regulatory authority. The director shall have full power and authority to enforce any

33

of the provisions of this section by regulation, subject to the provisions of the Administrative

34

Procedures Act, chapter 35 of title 42. Notwithstanding any provision to the contrary, the

 

Art13
RELATING TO HUMAN SERVICES
(Page 37 of 42)

1

department of corrections may contract with private agencies to carry out the provisions of this

2

section. The civil liability of those agencies and their employees, acting within the scope of their

3

employment, and carrying out the provisions of this section, shall be limited in the same manner

4

and dollar amount as if they were agencies or employees of the state.

5

     (e) Violations. Any person confined pursuant to the provisions of this section, who is found

6

to be a violator of any of the terms and conditions imposed upon him or her according to the order,

7

or in the case of sentenced persons classified to community confinement under subsection (h),

8

otherwise authorized by the director of corrections, this section, or any rules, regulations, or

9

restrictions issued pursuant hereto shall serve the balance of his or her sentence in a classification

10

deemed appropriate by the director. If that conduct constitutes a violation of § 11-25-2, the person,

11

upon conviction, shall be subject to an additional term of imprisonment of not less than one year

12

and not more than twenty (20) years. However, it shall be a defense to any alleged violation that

13

the person was at the time of the violation acting out of a necessary response to an emergency

14

situation. An "emergency situation" shall be construed to mean the avoidance by the defendant of

15

death or of substantial personal injury, as defined above, to him or herself or to others.

16

     (f) Costs. Each person confined according to this section shall reimburse the state for the

17

costs or a reasonable portion thereof incurred by the state relating to the community confinement

18

of those persons. Costs shall be initially imposed by the sentencing judge or in the order and shall

19

be assessed by the director prior to the expiration of that person's sentence. Once assessed, those

20

costs shall become a lawful debt due and owing to the state by that person. Monies received under

21

this section shall be deposited as general funds.

22

     (g) Severability. Every word, phrase, clause, section, subsection, and any of the provisions

23

of this section are hereby declared to be severable from the whole, and a declaration of

24

unenforceability or unconstitutionality of any portion of this section, by a judicial court of

25

competent jurisdiction, shall not affect the portions remaining.

26

     (h) Sentenced persons approaching release. Notwithstanding the provisions set forth within

27

this section, any sentenced person committed under the direct care, custody, and control of the adult

28

correctional institutions, who is within six (6) months one (1) year of the projected good time

29

release date, provided that the person shall have completed at least one-half (1/2) of the full term

30

of incarceration, or any person who is sentenced to a term of six (6) months or less of incarceration,

31

provided that the person shall have completed at least three-fourths (3/4) one-half (1/2) of the term

32

of incarceration, may in the discretion of the director of corrections be classified to community

33

confinement. This provision shall not apply to any person whose current sentence was imposed

34

upon conviction of murder, first degree sexual assault or first degree child molestation.

 

Art13
RELATING TO HUMAN SERVICES
(Page 38 of 42)

1

     (i) Notification to police departments. The director, or his or her designee, shall notify the

2

appropriate police department when a sentenced, adjudged or detained person has been placed into

3

community confinement within that department's jurisdiction. That notice will include the nature

4

of the offense and the express terms and conditions of that person's confinement. That notice shall

5

also be given to the appropriate police department when a person in community confinement within

6

that department's jurisdiction is placed in escape status.

7

     (j) No incarceration credit for persons awaiting trial. No detainee shall be given

8

incarceration credit by the director for time spent in community confinement while awaiting trial.

9

     (k) No confinement in college or university housing facilities. Notwithstanding any

10

provision of the general laws to the contrary, no person eligible for community confinement shall

11

be placed in any college or university housing facility, including, but not limited to, dormitories,

12

fraternities or sororities. College or university housing facilities shall not be considered an "eligible

13

residence" for "community confinement."

14

     (l) A sentencing judge shall have authority to waive overnight stay or incarceration at the

15

adult correctional institution after the sentencing of community confinement. Such a waiver shall

16

be binding upon the adult correctional institution and the staff thereof, including, but not limited to

17

the community confinement program.

18

     42-56-24. Earned time for good behavior or program participation or completion.

19

     (a) A person serving a sentence of a violation of §§ 11-5-1 (where the specified felony is

20

murder), 11-23-1, 11-26-1.4, 11-37-2, 11-37-8.1 or 11-37-8.3 shall not be eligible to earn time off

21

their term or terms of incarceration for good behavior.

22

     (b) The director, or his or her designee, shall keep a record of the conduct of each prisoner,

23

and for each month that a prisoner who has been sentenced to imprisonment for six (6) months or

24

more and not under sentence to imprisonment for life, appears by the record to have faithfully

25

observed all the rules and requirements of the institutions and not to have been subjected to

26

discipline, and is serving a sentence imposed for violation of sexual offenses under §§ 11-37-4, 11-

27

37-6, 11-37-8 or 11-9-1.3 there shall, with the consent of the director of the department of

28

corrections, or his or her designee, upon recommendation to him or her by the assistant director of

29

institutions/operations, be deducted from the term or terms of sentence of that prisoner the same

30

number of days that there are years in the term of his or her sentence; provided, that when the

31

sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one

32

month's good behavior; and provided, further, that in the case of sentences of at least six (6) months

33

and less than one year, one day per month shall be deducted.

34

     For the purposes of this subsection computing the number of days to be deducted for good

 

Art13
RELATING TO HUMAN SERVICES
(Page 39 of 42)

1

behavior, consecutive sentences shall be counted as a whole sentence. This subsection recognizes

2

the serious nature of sex offenses; promotes community safety and protection of the public; and

3

maintains the ability of the department of corrections to oversee the rehabilitation and supervision

4

of sex offenders.

5

     (c) For all prisoners serving sentences of more than one month, and not serving a sentence

6

of imprisonment for life or a sentence imposed for a violation of the offenses identified in

7

subsection (a) or (b) the director, or his or her designee, shall keep a record of the conduct of each

8

prisoner, and for each month that prisoner has faithfully observed all the rules and requirements of

9

the institutions and has not been subjected to discipline, there shall, with the consent of the director

10

of the department of corrections or his or her designee and upon recommendation by the assistant

11

director of institutions/operations, be deducted from the term or terms of sentence of that prisoner

12

ten (10) days for each month's good behavior.

13

     (d) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as

14

determined by the assistant director, institutions/operations, subject to the authority of the director,

15

there shall be deducted one day from the time he or she shall have gained for good conduct.

16

     (e) The assistant director, or his or her designee, subject to the authority of the director,

17

shall have the power to restore lost good conduct time in whole or in part upon a showing by the

18

prisoner of subsequent good behavior and disposition to reform.

19

     (f) For each month that a prisoner who has been sentenced to imprisonment for more than

20

one month and not under sentence to imprisonment for life who has faithfully engaged in

21

institutional industries there shall, with the consent of the director, upon the recommendations to

22

him or her by the assistant director, institutions/operations, be deducted from the term or terms of

23

the prisoner an additional two (2) days a month.

24

     (g) Except those prisoners serving a sentence imposed for violation of subsection (a) or (b),

25

for each month that a prisoner who has been sentenced to imprisonment for more than one month

26

and not under sentence to imprisonment for life has participated faithfully in programs that have

27

been determined by the director or his/her designee to address that prisoner's individual needs that

28

are related to his/her criminal behavior, there may, with the consent of the director and upon the

29

recommendation of the assistant director, rehabilitative services, be deducted from the term or

30

terms of the prisoner up to an additional five (5) days a month. Furthermore, whenever the prisoner

31

has successfully completed such program, they may; with the consent of the director and upon the

32

recommendation by the assistant director, rehabilitative services, be deducted from the term or

33

terms of the prisoner up to an additional thirty (30) days.

34

     (h) A person who is serving a term or terms of a probation sentence of one year or

 

Art13
RELATING TO HUMAN SERVICES
(Page 40 of 42)

1

longer, including a person who has served a term of incarceration followed by a probation

2

sentence, except those serving a term of probation for a sentence in violation of §§ 11-5-1 (where

3

the specified felony is murder or sexual assault), 11-23-1, 11-26-1.4, 11-37-2, 11-37-8.1 or 11-37-

4

8.3 shall upon serving three years of their probation sentence be eligible to earn time off their term

5

or terms of the probation sentence for compliance with court-ordered terms and conditions of

6

probation. Calculation of these credits shall commence upon the probationer's completion

7

of all terms of incarceration. 

8

     (i) The director, or his or her designee, shall keep a record of the conduct of each

9

probationer. For each month that the probationer has not had a judicial finding of a violation of

10

conditions of probation, there shall, with the consent of the director of the department of

11

corrections, or designee, upon recommendation of the assistant director of

12

institutions/operations, or designee, be deducted from the term or terms of the probationer's

13

sentence (10) ten days for each month's compliance with the terms and conditions of their

14

probation.

15

     (ii) For each month that a violation of probation is pending the probationer shall not be

16

eligible to earn probation compliance credits. In the event there is a judicial determination that the

17

probationer did not violate his or her terms and conditions of probation, credit will be awarded

18

retroactive to the date of the filing of the probation violation. In the event there is a judicial

19

determination that the probationer did violate his or her terms and conditions of

20

probation, the probationer shall not be awarded compliance credits for the time during which the

21

violation was pending, and further, the court may order revocation of prior

22

earned compliance credits. 

23

     (iii) The probation department of the department of corrections shall keep a record of the

24

probationer's sentence to include the person's end of sentence date based on earned credits for

25

compliance with their terms and conditions of probation.

26

     (iv) This section shall apply to all individuals sentenced to probation, including those

27

sentenced prior to enactment of the statute. However, the award of probation compliance

28

credits shall be prospective only from the date of enactment of the statute.

29

     42-56-38. Assessment of costs.

30

     (a) Each sentenced offender committed to the care, custody or control of the department of

31

corrections shall reimburse the state for the cost or the reasonable portion of the cost incurred by

32

the state relating to that commitment; provided, however, that a person committed, awaiting trial

33

and not convicted, shall not be liable for the reimbursement. Items of cost shall include physical

34

services and commodities such as food, medical, clothing and specialized housing, as well as social

 

Art13
RELATING TO HUMAN SERVICES
(Page 41 of 42)

1

services such as specialized supervision and counseling. Costs shall be assessed by the director of

2

corrections, or his or her designee, based upon each person's ability to pay, following a public

3

hearing of proposed fee schedules. Each offender's family income and number of dependents shall

4

be among the factors taken into consideration when determining ability to pay. Moneys received

5

under this section shall be deposited as general revenues. The director shall promulgate rules and

6

regulations necessary to carry out the provisions of this section. The rules and regulations shall

7

provide that the financial situation of persons, financially dependent on the person, be considered

8

prior to the determination of the amount of reimbursement. This section shall not be effective until

9

the date the rules and regulations are filed with the office of the secretary of state.

10

     (b) Notwithstanding the provision of subsection (a), or any rule or regulation promulgated

11

by the director, any sentenced offender who is ordered or directed to the work release program,

12

shall pay no less than thirty percent (30%) of his or her gross net salary for room and board.

13

     SECTION 9. This article shall take effect upon passage.

 

Art13
RELATING TO HUMAN SERVICES
(Page 42 of 42)

=======

art.014/7/014/6/014/5/014/4/014/3/014/2/016/1

=======

1

     ARTICLE 14

2

RELATING TO HOUSING

3

     SECTION 1. Chapter 42-51 of the General Laws entitled "Governor's Commission on

4

Disabilities" is hereby amended by adding thereto the following section:

5

     42-51-13. Livable home modification program.

6

     (a) There is hereby established the livable home modification program for home

7

modification and accessibility enhancements to construct, retrofit, and/or renovate residences to

8

allow individuals with significant disabilities to remain in community settings.

9

     (b) Any eligible resident who retrofits or hires an individual to retrofit an existing

10

residence; provided that, such retrofitting meets the qualification criteria and guidelines as

11

established by the commission, shall be eligible for a livable home modification grant of fifty

12

percent (50%) of the total amount spent, not to exceed an amount annually appropriated by the

13

commission in accordance with § 35-3-24.

14

     (c) The commission is authorized and directed to issue regulations regarding:

15

     (1) Income eligibility and other qualifications for a grant;

16

     (2) Application guidelines;

17

     (3) The maximum reimbursement;

18

     (4) Filing claims for reimbursement; and

19

     (5) Appeal procedures for applicants who are determined to be ineligible.

20

     (d) By August 15 of each year, the commission shall submit an annual report to the

21

governor, speaker of the house, senate president and chairpersons of the house and senate finance

22

committees for the period from July 1 to June 30 on the actual;

23

     (1) Number of grants issued to qualifying individuals;

24

     (2) Number of applications which did not qualify;

25

     (3) Total dollar amount of grants issued;

26

     (4) Average dollar amount of the grants issued;

27

     (5) Number of retrofits by accessibility features; and

28

     (6) Prognosis for the individual if the retrofit had not been made which shall determine:

29

     (i) Increased likelihood of falls and other related emergency room, hospital and/or

30

rehabilitation expenses;

 

1

     (ii) Loss of independence; and

2

     (iii) Move into a long-term care facility.

3

     SECTION 2. Section 42-64.19-3 of the General Laws in Chapter 42-64.19 entitled

4

"Executive Office of Commerce" is hereby amended to read as follows:

5

     42-64.19-3. Executive office of commerce.

6

     (a) There is hereby established within the executive branch of state government an

7

executive office of commerce effective February 1, 2015, to serve as the principal agency of the

8

executive branch of state government for managing the promotion of commerce and the economy

9

within the state and shall have the following powers and duties in accordance with the following

10

schedule:

11

     (1) On or about February 1, 2015, to operate functions from the department of business

12

regulation;

13

     (2) On or about April 1, 2015, to operate various divisions and functions from the

14

department of administration;

15

     (3) On or before September 1, 2015, to provide to the Senate and the House of

16

Representatives a comprehensive study and review of the roles, functions, and programs of the

17

department of administration and the department of labor and training to devise recommendations

18

and a business plan for the integration of these entities with the office of the secretary of commerce.

19

The governor may include such recommendations in the Fiscal Year 2017 budget proposal.; and

20

     (4) On or before July 1, 2021, to provide for the hiring of a deputy secretary of commerce

21

and housing, who shall report directly to the secretary of commerce. The deputy secretary of

22

commerce and housing shall:

23

     (i) Prior to hiring, have completed and earned a minimum of a master's graduate degree in

24

the field of urban planning, economics, or a related field of study or possess a juris doctor law

25

degree. Preference shall be provided to candidates having earned an advanced degree consisting of

26

an L.L.M. Law degree or Ph.D in urban planning or economics. Qualified candidates must have

27

documented five (5) years full-time experience employed in the administration of housing policy

28

and/or development.

29

     (ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and

30

developing a housing plan, including, but not limited to, the development of affordable housing

31

opportunities to assist in building strong community efforts and revitalizing neighborhoods;

32

     (iii) Coordinate with all agencies directly related to any housing initiatives including, but

33

not limited to, the Rhode Island housing and mortgage finance corporation, coastal resources

34

management council (CRMC), and state departments including, but not limited to, the department

 

Art14
RELATING TO HOUSING
(Page 2 of 18)

1

of environmental management (DEM), the department of business regulation (DBR), the

2

department of transportation (DOT) and statewide planning; and

3

     (iv) Coordinate with the housing resources commission to formulate an integrated housing

4

report to include findings and recommendations to the governor, speaker of the house, senate

5

president, each chambers' finance committee, and any committee whose purview is reasonably

6

related, including, but not limited to, issues of housing, municipal government, and health on or

7

before December 31, 2021, and annually thereafter which report shall include, but not be limited

8

to, the following:

9

     (A) The total number housing units in the state with per community counts, including the

10

number of Americans with Disabilities Act compliant special needs units.

11

     (B) The occupancy and vacancy rate of the units referenced in (A).

12

     (C) The change in the number of units referenced in (A), for each of the prior three (3)

13

years in figures and as a percentage.

14

     (D) The number of net new units in development and number of units completed since the

15

prior report.

16

     (E) For each municipality the number of single family, two (2) family, and three (3) family

17

units, and multi-unit housing delineated sufficiently to provide the lay reader a useful description

18

of current conditions, including a statewide sum of each unit type.

19

     (F) The total number of units by income type.

20

     (G) A projection of the number of status quo units.

21

     (H) A projection of the number of units required to meet housing formation trends.

22

     (I) A comparison of regional and other similarly situated state funding sources which

23

support housing development including a percentage of private, federal, and public support.

24

     (J) A reporting of unit types by number of bedrooms for rental properties including an

25

accounting of all:

26

     (I) Single family units;

27

     (II) Accessory dwelling units;

28

     (III) Two (2) family units;

29

     (IV) Three (3) family units;

30

     (V) Multi-unit sufficiently delineated units;

31

     (VI) Mixed use sufficiently delineated units; and

32

     (VII) Occupancy and Vacancy rates for the prior three (3) years.

33

     (K) A reporting of unit types by ownership including an accounting of all:

34

     (I) Single family units;

 

Art14
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1

     (II) Accessory dwelling units;

2

     (III) Two (2) family units;

3

     (IV) Three (3) family units;

4

     (V) Multi-unit sufficiently delineated units;

5

     (VI) Mixed use sufficiently delineated units; and

6

     (VII) Occupancy and Vacancy rates for the prior three (3) years.

7

     (L) A reporting of the number of applications submitted or filed for each community

8

according to unit type and an accounting of action taken with respect to each application to include,

9

approved, denied, appealed, approved upon appeal, and if approved, the justification for each

10

approval.

11

     (M) A reporting of permits for each community according to affordability level that were

12

sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for

13

each approval.

14

     (N) A reporting of affordability by municipality which shall include the following:

15

     (I) The percent and number of units of extremely low, very low, low, moderate, fair market

16

rate, and above market rate units; including the average and median costs of those units.

17

     (II) The percent and number of units of extremely low, very low, low and moderate income

18

housing units required to satisfy the ten percent (10%) requirement pursuant to chapter 24 of title

19

45; including the average and median costs of those units.

20

     (III) The percent and number of units for the affordability levels above moderate income

21

housing, including a comparison to fair market rent and fair market homeownership; including the

22

average and median costs of those units.

23

     (IV) The percentage of cost burden by municipality with population equivalent.

24

     (V) The percentage and number of home financing sources, including all private, federal,

25

state, or other public support.

26

     (VI) The cost growth for each of the previous five (5) years by unit type at each

27

affordability level, by unit type.

28

     (O) A reporting of municipal healthy housing stock by unit type and number of bedrooms

29

and provide an assessment of the state's existing housing stock and enumerate any risks to the public

30

health from that housing stock, including, but not limited to, the presence of lead, mold, safe

31

drinking water, disease vectors (insects and vermin), and other conditions which are an identifiable

32

health detriment. Additionally, the report shall provide the percentage of the prevalence of health

33

risks by age of the stock for each community by unit type and number of bedrooms.

34

     (P) A recommendation shall be included with the report required under this section which

 

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1

shall provide consideration to any and all populations, ethnicities, income levels, and other relevant

2

demographic criteria determined by the deputy secretary, and with regard to any and all of the

3

criteria enumerated elsewhere in the report separately or in combination, provide recommendations

4

to resolve any issues which provide an impediment to the development of housing, including

5

specific data and evidence in support for the recommendation. All data and methodologies used to

6

present evidence are subject to review and approval of the chief of revenue analysis, and that

7

approval shall include an attestation of approval by the chief to be included in the report.

8

     (b) In this capacity, the office shall:

9

     (1) Lead or assist state departments and coordinate business permitting processes in order

10

to:

11

     (i) Improve the economy, efficiency, coordination, and quality of the business climate in

12

the state;

13

     (ii) Design strategies and implement best practices that foster economic development and

14

growth of the state's economy;

15

     (iii) Maximize and leverage funds from all available public and private sources, including

16

federal financial participation, grants and awards;

17

     (iv) Increase public confidence by conducting customer centric operations whereby

18

commercial enterprise are supported and provided programs and services that will grow and nurture

19

the Rhode Island economy; and

20

     (v) Be the state's lead agency for economic development.

21

     (2) Provide oversight and coordination of all housing initiatives in the state of Rhode

22

Island.

23

     (c) The office shall include the office of regulatory reform and other administration

24

functions which promote, enhance or regulate various service and functions in order to promote the

25

reform and improvement of the regulatory function of the state.

26

     SECTION 3. Chapter 42-128 of the General Laws entitled "Housing Resources Act of

27

1998" is hereby amended by adding thereto the following sections:

28

     42-128-2.1. Housing Production Fund.

29

     (a) There is hereby established a restricted receipt account within the general fund of the

30

state, to be known as the housing production fund. Funds from this account shall be administered

31

by the Rhode Island housing and mortgage finance corporation, subject to program and reporting

32

guidelines adopted by the coordinating committee of the Rhode Island housing resources

33

commission for housing production initiatives, including:

34

     (1) Financial assistance by loan, grant, or otherwise, for the planning, production, or

 

Art14
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1

preservation of affordable housing in Rhode Island for households earning not more than eighty

2

percent (80%) of area median income; and

3

     (2) Technical and financial assistance for cities and towns to support increased local

4

housing production, including by reducing regulatory barriers and through the housing incentives

5

for municipalities program; and

6

     (b) In administering the housing production fund, the Rhode Island housing and mortgage

7

finance corporation shall give priority to households either exiting homelessness or earning not

8

more than thirty percent (30%) of area median income.

9

     SECTION 4. Sections 42-128-2 and 42-128-11 Chapter 42-128 of the General Laws

10

entitled "Housing Resources Act of 1998" are hereby amended to read as follows.

11

     42-128-2. Rhode Island housing resources agency created.

12

     There is created within the executive department a housing resources agency with the

13

following purposes, organization, and powers:

14

     (1) Purposes:

15

     (i) To provide coherence to the housing programs of the state of Rhode Island and its

16

departments, agencies, commissions, corporations, and subdivisions.

17

     (ii) To provide for the integration and coordination of the activities of the Rhode Island

18

housing and mortgage finance corporation and the Rhode Island housing resources commission.

19

     (2) Coordinating committee – Created – Purposes and powers:

20

     (i) The coordinating committee of the housing resources agency shall be comprised of the

21

chairperson of the Rhode Island housing and mortgage finance corporations; the chairperson of the

22

Rhode Island housing resources commission; the director of the department of administration, or

23

the designee of the director; and the executive director of the Rhode Island housing and mortgage

24

finance corporation. The chairperson of the Rhode Island housing resources commission shall be

25

chairperson of the coordinating committee.

26

     (ii) The coordinating committee shall:

27

     (a) develop and shall implement, with the approval of the Rhode Island housing and

28

mortgage finance corporation and the Rhode Island housing resources commission, a memorandum

29

of agreement describing the fiscal and operational relationship between the Rhode Island housing

30

and mortgage finance corporation and the Rhode Island housing resources commission and shall

31

define which programs of federal assistance will be applied for on behalf of the state by the Rhode

32

Island housing and mortgage finance corporation and the Rhode Island housing resources

33

commission.

34

     (b) is authorized and empowered to negotiate and to enter into contracts and cooperative

 

Art14
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1

agreements with agencies and political subdivisions of the state, not-for-profit corporations, for

2

profit corporations, and other partnerships, associations and persons for any lawful purpose

3

necessary and desirable to effect the purposes of this chapter, subject to the provisions of chapter 2

4

of title 37 as applicable.

5

     (3) There is hereby established a restricted receipt account within the general fund of the

6

state. Funds from this account shall be used to provide for housing and homelessness initiatives

7

including housing production, the lead hazard abatement program, housing rental subsidy, housing

8

retention assistance, and homelessness services and prevention assistance with priority given to

9

homeless veterans and homeless prevention assistance and housing retention assistance with

10

priority to veterans.

11

     42-128-11. Executive director – Employees.

12

     The commission governor shall appoint from qualified candidates, with the advice of the

13

coordinating committee, an executive director, who shall not be subject to the provisions of chapter

14

4 of title 36, and who shall serve as the state housing commissioner and may also serve in the

15

executive office of commerce as the deputy secretary of housing. The commission shall set the

16

compensation and the terms of employment of the executive director. The commission shall also

17

cause to be employed such staff and technical and professional consultants as may be required to

18

carry out the powers and duties set forth in this chapter. All staff, including the executive director,

19

may be secured through a memorandum of agreement with the Rhode Island housing and mortgage

20

finance corporation, or any other agency or political subdivision of the state with the approval of

21

the relevant agency or political subdivision, as provided for in § 42-128-2(2)(ii). Any person who

22

is in the civil service and is transferred to the commission may retain civil service status.

23

     SECTION 5. Title 42 of the General Laws entitled "State Affairs and Government" is

24

hereby amended by adding thereto the following chapter:

25

CHAPTER 42-128.4

26

HOUSING INCENTIVES FOR MUNICIPALITIES

27

     42-128.4. Short title.

28

     This chapter shall be known as "Housing Incentives for Municipalities." 

29

     42-128.4-2. Establishment of program.

30

     There is hereby established a housing incentive for municipalities program to be

31

administered as set forth in section 42-128-2.1, in consultation with the division of statewide

32

planning and the Rhode Island housing and mortgage finance corporation. 

33

     42-128.4-4. Purposes.

34

     The coordinating committee is authorized and empowered to carry out the program for the

 

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1

following purposes:

2

     (a) To foster and maintain strong collaborations with municipalities in the state. 

3

     (b) To support and assist municipalities in promoting housing production that adequately

4

meets the needs of Rhode Island's current and future residents.

5

     (c) To make diverse, high-quality, and accessible housing options readily available to

6

residents within their local communities.

7

     (d) To enable residents to live near convenient public transit and other commercial and

8

cultural resources.

9

     (e) To make development decisions fair, predictable, and cost effective. 

10

     (f) To foster distinctive, attractive, and resilient communities, while preserving the state's

11

open space, farmland, and natural beauty.

12

     42-128.4-4. Definitions.

13

     As used in this chapter: 

14

     (1) "The coordinating committee" means the Rhode Island housing resources coordinating

15

committee established pursuant to § 42-128-2(2).

16

     (2) "Eligible locations'' means an area designated by the coordinating committee as a

17

suitable site for a housing incentive district by virtue of its infrastructure, existing underutilized

18

facilities, or other advantageous qualities, including (i) proximity to public transit centers, including

19

commuter rail, bus, and ferry terminals; or (ii) proximity to areas of concentrated development,

20

including town and city centers or other existing commercial districts.

21

     (3) "Eligible student" means an individual that (i) lives in a newly constructed dwelling

22

unit within a housing incentive district, to the extent that the unit could not have been realized under

23

the underlying zoning, and (ii) attends a school in the city or town.

24

     (4) "School impact offset payments" means a payment to a city or town to help offset

25

increased municipal costs of educating eligible students.

26

     (5) "Housing incentive district" means an overlay district adopted by a city or town

27

pursuant to this chapter. A housing incentive district is intended to encourage residential

28

development and must permit minimum residential uses. A housing incentive district may

29

accommodate uses complimentary to the primary residential uses, as deemed appropriate by the

30

adopting city or town; however, the majority of development on lots within a housing incentive

31

district must be residential. Land development plans within a housing incentive district shall be

32

treated as minor land development plans, as defined by § 45-23-32, unless otherwise specified by

33

ordinance.

34

     42-128.4-5. Adoption of housing incentive districts.

 

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1

     (a) In its zoning ordinance, a city or town may adopt a housing incentive district in any

2

eligible location.

3

     (b) The adoption, amendment, or repeal of such ordinance shall be in accordance with the

4

provisions of chapter 45-24.

5

     (c) A housing incentive district shall comply with this chapter and any minimum

6

requirements established by the coordinating committee. 

7

     (d) The zoning ordinance for each housing incentive district shall specify the procedure for

8

land development and subdivision review within the district in accordance with this chapter and

9

the regulations of the coordinating committee.

10

     (e) Nothing in this chapter shall affect a city or town's authority to amend its zoning

11

ordinances under chapter 45-24.

12

     42-128.4-6. Assistance to municipalities.

13

     (a) The coordinating committee is authorized and empowered, at its discretion, to provide

14

all manner of support and assistance to municipalities in connection with fostering local housing

15

production, including, but not limited to: 

16

     (1) Providing technical assistance for the preparation, adoption, or implementation of laws,

17

regulations, or processes related to residential development; and 

18

     (2) Authorizing the Rhode Island housing and mortgage finance corporation to issue school

19

impact offset payments to participating municipalities. 

20

     42-128.4-7. Rules and regulations - Reports.

21

     (a) The coordinating committee is hereby authorized to promulgate such rules and

22

regulations as are necessary to fulfill the purposes of this chapter, including, but not limited to,

23

provisions relating to: application criteria; eligible locations for housing incentive districts;

24

minimum requirements for housing incentive districts; eligible students for the calculation

25

of school impact offset payments; and the amount and method of payment to cities and towns

26

for school impact offset payments.

27

     (b) The coordinating committee shall include in its annual report information on the

28

commitment and disbursement of funds allocated under the program. The report shall be provided

29

to the governor, the secretary of commerce, speaker of the house of representatives and the

30

president of the senate. 

31

     42-128.4-8. Program integrity.

32

     Program integrity being of paramount importance, the coordinating committee shall

33

establish procedures to ensure ongoing compliance with the terms and conditions of the program

34

established herein, including procedures to safeguard the expenditure of public funds and to ensure

 

Art14
RELATING TO HOUSING
(Page 9 of 18)

1

that the funds further the purposes of the program. 

2

     42-128.4-9. Cooperation.

3

     Any department, agency, council, board, or other public instrumentality of the state shall

4

cooperate with the coordinating committee in relation to the implementation, execution and

5

administration of the program created under this chapter. 

6

     SECTION 6. Section 44-25-1 of the General Laws in Chapter 44-25 entitled "Real Estate

7

Conveyance Tax" is hereby amended to read as follows:

8

     44-25-1. Tax imposed – Payment – Burden.

9

     (a) There is imposed, on each deed, instrument, or writing by which any lands, tenements,

10

or other realty sold is granted, assigned, transferred, or conveyed to, or vested in, the purchaser or

11

purchasers, or any other person or persons, by his or her or their direction, or on any grant,

12

assignment, transfer, or conveyance or such vesting, by such persons which has the effect of making

13

any real estate company an acquired real estate company, when the consideration paid exceeds one

14

hundred dollars ($100), a tax at the rate of two dollars and thirty cents ($2.30) for each five hundred

15

dollars ($500), or fractional part of it, that is paid for the purchase of property or the interest in an

16

acquired real estate company (inclusive of the value of any lien or encumbrance remaining at the

17

time of the sale, grant, assignment, transfer or conveyance or vesting occurs, or in the case of an

18

interest in an acquired real estate company, a percentage of the value of such lien or encumbrance

19

equivalent to the percentage interest in the acquired real estate company being granted, assigned,

20

transferred, conveyed or vested), which. The tax is payable at the time of making, the execution,

21

delivery, acceptance or presentation for recording of any instrument affecting such transfer grant,

22

assignment, transfer, conveyance or vesting. In the absence of an agreement to the contrary, the tax

23

shall be paid by the grantor, assignor, transferor or person making the conveyance or vesting.

24

     (b) In addition to the tax imposed by paragraph (a), there is imposed, on each deed,

25

instrument, or writing by which any residential real property sold is granted, assigned, transferred,

26

or conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or

27

her or their direction, or on any grant, assignment, transfer, or conveyance or such vesting, by such

28

persons which has the effect of making any real estate company an acquired real estate company,

29

when the consideration paid exceeds eight hundred thousand dollars ($800,000), a tax at the rate of

30

two dollars and thirty cents ($2.30) for each five hundred dollars ($500), or fractional part of it, of

31

the consideration in excess of eight hundred thousand dollars ($800,000) that is paid for the

32

purchase of property or the interest in an acquired real estate company (inclusive of the value of

33

any lien or encumbrance remaining at the time of the sale, grant, assignment, transfer or conveyance

34

or vesting occurs, or in the case of an interest in an acquired real estate company, a percentage of

 

Art14
RELATING TO HOUSING
(Page 10 of 18)

1

the value of such lien or encumbrance equivalent to the percentage interest in the acquired real

2

estate company being granted, assigned, transferred, conveyed or vested). The tax imposed by this

3

paragraph shall be paid at the same time and in the same manner as the tax imposed by paragraph

4

(a).

5

     (bc) In the event no consideration is actually paid for the lands, tenements, or realty, the

6

instrument or interest in an acquired real estate company of conveyance shall contain a statement

7

to the effect that the consideration is such that no documentary stamps are required.

8

     (c) The tax administrator shall contribute 

9

     (d) The tax shall be distributed as follows:

10

     (i) With respect to the tax imposed by paragraph (a): the tax administrator shall contribute

11

to the distressed community relief program the sum of thirty cents ($.30) per two dollars and thirty

12

cents ($2.30) of the face value of the stamps to be distributed pursuant to § 45-13-12, and to the

13

housing resources commission restricted receipts account the sum of thirty cents ($.30) per two

14

dollars and thirty cents ($2.30) of the face value of the stamps. Funds will be administered by the

15

office of housing and community development, through the housing resources commission. The

16

state shall retain sixty cents ($.60) for state use. The balance of the tax shall be retained by the

17

municipality collecting the tax.

18

     (ii) With respect to the tax imposed by paragraph (b): the tax administrator shall contribute

19

the entire tax to the housing production fund established pursuant to § 42-128-2.1.

20

     (iii) Notwithstanding the above, in the case of the tax on the grant, transfer, assignment or

21

conveyance or vesting with respect to an acquired real estate company, the tax shall be collected

22

by the tax administrator and shall be distributed to the municipality where the real estate owned by

23

the acquired real estate company is located provided, however, in the case of any such tax collected

24

by the tax administrator, if the acquired real estate company owns property located in more than

25

one municipality, the proceeds of the tax shall be allocated amongst said municipalities in the

26

proportion the assessed value of said real estate in each such municipality bears to the total of the

27

assessed values of all of the real estate owned by the acquired real estate company in Rhode Island.

28

Provided, however, in fiscal years 2004 and 2005, from the proceeds of this tax, the tax

29

administrator shall deposit as general revenues the sum of ninety cents ($.90) per two dollars and

30

thirty cents ($2.30) of the face value of the stamps. The balance of the tax on the purchase of

31

property shall be retained by the municipality collecting the tax. The balance of the tax on the

32

transfer with respect to an acquired real estate company, shall be collected by the tax administrator

33

and shall be distributed to the municipality where the property for which interest is sold is

34

physically located. Provided, however, that in the case of any tax collected by the tax administrator

 

Art14
RELATING TO HOUSING
(Page 11 of 18)

1

with respect to an acquired real estate company where the acquired real estate company owns

2

property located in more than one municipality, the proceeds of the tax shall be allocated amongst

3

the municipalities in proportion that the assessed value in any such municipality bears to the

4

assessed values of all of the real estate owned by the acquired real estate company in Rhode Island.

5

     (d) For purposes of this section, the term "acquired real estate company" means a real estate

6

company that has undergone a change in ownership interest if (i) such change does not affect the

7

continuity of the operations of the company; and (ii) the change, whether alone or together with

8

prior changes has the effect of granting, transferring, assigning or conveying or vesting, transferring

9

directly or indirectly, 50% or more of the total ownership in the company within a period of three

10

(3) years. For purposes of the foregoing subsection (ii) hereof, a grant, transfer, assignment or

11

conveyance or vesting, shall be deemed to have occurred within a period of three (3) years of

12

another grant(s), transfer(s), assignment(s) or conveyance(s) or vesting(s) if during the period the

13

granting, transferring, assigning or conveying or party provides the receiving party a legally binding

14

document granting, transferring, assigning or conveying or vesting said realty or a commitment or

15

option enforceable at a future date to execute the grant, transfer, assignment or conveyance or

16

vesting.

17

     (e) A real estate company is a corporation, limited liability company, partnership or other

18

legal entity which meets any of the following:

19

     (i) Is primarily engaged in the business of holding, selling or leasing real estate, where 90%

20

or more of the ownership of said real estate is held by 35 or fewer persons and which company

21

either (a) derives 60% or more of its annual gross receipts from the ownership or disposition of real

22

estate; or (b) owns real estate the value of which comprises 90% or more of the value of the entity's

23

entire tangible asset holdings exclusive of tangible assets which are fairly transferrable and actively

24

traded on an established market; or

25

     (ii) 90% or more of the ownership interest in such entity is held by 35 or fewer persons and

26

the entity owns as 90% or more of the fair market value of its assets a direct or indirect interest in

27

a real estate company. An indirect ownership interest is an interest in an entity 90% or more of

28

which is held by 35 or fewer persons and the purpose of the entity is the ownership of a real estate

29

company.

30

     (f) In the case of a grant, assignment, transfer or conveyance or vesting which results in a

31

real estate company becoming an acquired real estate company, the grantor, assignor, transferor, or

32

person making the conveyance or causing the vesting, shall file or cause to be filed with the division

33

of taxation, at least five (5) days prior to the grant, transfer, assignment or conveyance or vesting,

34

notification of the proposed grant, transfer, assignment, or conveyance or vesting, the price, terms

 

Art14
RELATING TO HOUSING
(Page 12 of 18)

1

and conditions of thereof, and the character and location of all of the real estate assets held by real

2

estate company and shall remit the tax imposed and owed pursuant to subsection (a) hereof. Any

3

such grant, transfer, assignment or conveyance or vesting which results in a real estate company

4

becoming an acquired real estate company shall be fraudulent and void as against the state unless

5

the entity notifies the tax administrator in writing of the grant, transfer, assignment or conveyance

6

or vesting as herein required in subsection (f) hereof and has paid the tax as required in subsection

7

(a) hereof. Upon the payment of the tax by the transferor, the tax administrator shall issue a

8

certificate of the payment of the tax which certificate shall be recordable in the land evidence

9

records in each municipality in which such real estate company owns real estate. Where the real

10

estate company has assets other than interests in real estate located in Rhode Island, the tax shall

11

be based upon the assessed value of each parcel of property located in each municipality in the state

12

of Rhode Island.

13

     SECTION 7. Section 44-25-2 of the General Laws in Chapter 44-25 entitled "Real Estate

14

Conveyance Tax" is hereby amended to read as follows:

15

     44-25-2. Exemptions.

16

     (a) The tax imposed by this chapter does not apply to any instrument or writing given to

17

secure a debt.

18

     (b) The tax imposed by this chapter does not apply to any deed, instrument, or writing

19

wherein the United States, the state of Rhode Island, or its political subdivisions are designated the

20

grantor.

21

     (c) The tax imposed by this chapter does not apply to any deed, instrument, or writing that

22

has or shall be executed, delivered, accepted, or presented for recording in furtherance of, or

23

pursuant to, that certain master property conveyance contract dated December 29, 1982, and

24

recorded in the land evidence records of the city of Providence on January 27, 1983, at 1:30 p.m.

25

in book 1241 at page 849, and relating to the capital center project in the city of Providence.

26

     (d) The qualified sale of a mobile or manufactured home community to a resident-owned

27

organization as defined in § 31-44-1 is exempt from the real estate conveyance tax imposed under

28

this chapter.

29

     (e) No transfer tax or fee shall be imposed by a land trust or municipality upon the

30

acquisition of real estate by the state of Rhode Island or any of its political subdivisions.

31

     (f) Nothing in § 44-25-1(a) shall be construed to impose a tax upon any grant, assignment,

32

transfer, conveyance or vesting of any interest, direct or indirect, among owners, members or

33

partners in any real estate company with respect to an affordable housing development where:

34

     (i) The housing development has been financed in whole or in part with federal low-income

 

Art14
RELATING TO HOUSING
(Page 13 of 18)

1

housing tax credits pursuant to § 42 of the Internal Revenue Code; or

2

     (ii) At least one of the owners, members or partners of the company is a Rhode Island

3

nonprofit corporation or an entity exempt from tax under § 501(c)(3) of the Internal Revenue Code,

4

or is owned by a Rhode Island nonprofit corporation or an entity that is exempt from tax under §

5

501(c)(3) of the Internal revenue Code, and the housing development is subject to a recorded deed

6

restriction or declaration of land use restrictive covenants in favor of the Rhode Island housing and

7

mortgage finance corporation, the state of Rhode Island housing resources commission, the federal

8

home loan bank or any of its members, or any other state or local government instrumentality under

9

an affordable housing program. No such real estate company shall be an acquired real estate

10

company under this section.

11

     SECTION 8. Title 42 of the General Laws entitled "STATE AFFAIRS AND

12

GOVERNMENT" is hereby amended by adding thereto the following chapter:

13

CHAPTER 160

14

RHODE ISLAND PAY FOR SUCCESS ACT

15

     42-160-1. Short title.

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     This act shall be known and may be cited as the "Rhode Island Pay for Success Act."

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     42-160-2. Legislative findings.

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     The general assembly hereby finds and declares as follows:

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     (1) Pay for success contracts are executed detailing the outcomes, associated repayment

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and evaluation process to be conducted by a third party. The proceeds are disbursed to a nonprofit

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organization(s) that will execute the intervention delivering services and other resources, such as

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housing, to the target population. An independent evaluator monitors the outcomes of the

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intervention to determine if success was met. If the intervention improves financial and social

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outcomes in accordance with established metrics, the government, as outcome payor, pays back the

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investors with interest using a portion of the savings accrued from the successful outcomes. If the

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evaluator determines that success was not met, meaning there is no improvement in financial or

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social outcomes, the investors lose money.

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     (2) In 2016 the United States Department of Justice (DOJ) and the United States

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Department of Housing and Urban Development (HUD) awarded funding to the Rhode Island

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Coalition to End Homelessness to pursue a pay for success social impact bond in Rhode Island

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focusing on housing and supportive services for persons experiencing homelessness who are high

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utilizers of the health care and justice systems. The pilot program will leverage eight hundred

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seventy-five thousand dollars ($875,000) in outcome payment funding from the HUD/DOJ grant

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as well as the intervention and independent evaluation process described in the grant agreement.

 

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     42-160-3. Annual reporting.

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     (1) The executive office, in collaboration with the Rhode Island Coalition to End

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Homelessness, shall provide yearly progress reports to the general assembly beginning no later than

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January 30, 2022, and annually thereafter until January 30, 2027. These reports will include

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recommendations on a proposed structure for entering into pay for success contracts, for

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administering the program, and for any and all matters related thereto that the executive office

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deems necessary to administer future pay for success projects at the conclusion of the pilot program

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in 2026. As a condition of this project, HUD requires that a third party conduct a transparent and

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rigorous evaluation of the intervention to determine whether the outcomes have indeed achieved

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success. The evaluation results will be reported yearly to the governor and general assembly.

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     42-160-4. Definitions.

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     For the purpose of this chapter:

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     (a) "Performance targets" means the level of performance, as measured by an independent

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evaluator, which represent success. Success is defined in the pay for success contract.

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     (b) "Independent evaluator" means an independent entity selected by the state whose role

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includes assessing and reporting on the achievement of performance targets at the frequency

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required in the pay for success contract.

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     (c) "Success payments" refer to the payments that the state will make only if contractual

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performance targets are achieved as determined by the independent evaluator and approved by the

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office of management and budget.

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     (d) "Pay for success contracts" are contracts designed to improve outcomes and lower costs

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for contracted government services that are subject to the following requirements:

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     (1) A determination that the contract will result in significant performance improvements

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and budgetary savings across all impacted agencies if the performance targets are achieved;

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     (2) A requirement that a substantial portion of any payment be conditioned on the

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achievement of specific outcomes based on defined performance targets;

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     (3) An objective process by which an independent evaluator will determine whether the

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performance targets have been achieved;

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     (4) A calculation of the amount and timing of payments that would be earned by the service

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provider during each year of the agreement if performance targets are achieved as determined by

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the independent evaluator; and

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     (5) Payments shall only be made if performance targets are achieved. Additionally, the

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outcome payment made pursuant to this chapter shall not exceed ten percent (10%) more than actual

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costs incurred by program intermediary.

 

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     (1) "Coordinated entry system (CES)" means the partnership of all homeless service

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providers in the state through this initiative of the Rhode Island continuum of care. CES manages

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all diversion/entry to the shelter system through the coordinated entry hotline and manages the

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permanent housing placement part of the program, once persons are in a shelter or are living on the

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street.

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     (2) "Executive office" means the Rhode Island executive office of health and human

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services.

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     (3) "Homeless management information system (HMIS)" means the database used to

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collect information in order to track and report on the scope of homelessness prevention/assistance

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and human service needs across the Rhode Island continuum of care (COC) as well as individually

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at each organization. The Rhode Island Coalition to End Homelessness is the current HMIS state

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lead.

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     (4) "Homelessness" means the category 1 and category 4 definitions outline by HUD:

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     (i) Category 1-Literally homeless: the situation of an individual or family lacking a fixed,

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regular, and adequate nighttime residence, meaning:

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     (A) Has a primary nighttime residence that is a public or private place not meant for human

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habitation;

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     (B) Is living in a publicly or privately operated shelter designated to provide temporary

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living arrangements (including congregate shelters, transitional housing, and hotels and motels paid

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for by charitable organizations or by federal, state and local government programs); or

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     (C) Is exiting an institution where he or she has resided for ninety (90) days or less and

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who resided in an emergency shelter or place not meant for human habitation immediately before

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entering that institution.

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     (ii) Category 4-Fleeing/attempting to flee domestic violence: Any individual or family

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who:

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     (A) Is fleeing, or is attempting to flee, domestic violence;

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     (B) Has no other residence; and

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     (C) Lacks the resources or support networks to obtain other permanent housing.

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     (5) "Nonprofit organization" means a nonprofit organization that is exempt from federal

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taxation pursuant to § 501(c)(3) of the federal internal revenue code, 26 U.S.C. § 501(c)(3).

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     (6) "Outcome payor" means the the Rhode Island state government.

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     (7) "Permanent supportive housing (PSH)" means a permanent deeply subsidized unit,

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tenant or project based subsidy, with supportive services, generally for persons experiencing

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homelessness for long periods of time who also have other significant challenges such as disability

 

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or mental illness.

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     (8) "Social impact bond", "pay for success bond" or "bond" means a contract between the

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public and private sectors in which a commitment is made to pay for improved financial and social

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outcomes that result in public sector savings. These contract agreements are funded by

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appropriation.

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     (9) "Target population" means highly vulnerable persons that experience long-term

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homelessness and incur significant costs within the criminal justice, shelter, and/or health care

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systems, likely related to their housing instability, with an estimated average per person cost of

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Medicaid claims for adults in shelter, top twenty-five (25) clients, totaling two hundred twenty-

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nine thousand, six hundred ninety-five dollars and forty-four cents ($229,695.44), as per the Rhode

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Island Medicaid and HMIS data match for adults in shelter. Eligibility will be confirmed by data

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matching, case conferencing, and coordination with health care providers and the coordinated entry

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system (CES); data sources will be provided by the department of corrections, executive office of

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health and human services, and the Rhode Island homeless management information system.

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     (10) "Program intermediary" means a firm that contracts with a state agency to establish

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and delivery a service or program intervention by doing any of the following:

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     (i) Delivering or contracting for relevant services or outcomes;

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     (ii) Raising capital to finance the delivery of services or outcomes;

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     (iii) Providing ongoing project management and investor relations for the social impact

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funding instrument.

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     42-160-5. Pilot program established.

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     There is established a five (5) year pay for success pilot program to be administered by the

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Rhode Island executive office of health and human services. The pilot will follow the proposal

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outlined in the 2016 pay for success grant proposal to HUD and 2017 feasibility study. The pay for

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success project will provide a housing and supportive services intervention (PSH) for one hundred

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twenty-five (125) persons in Rhode Island experiencing homelessness who are high utilizers of the

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health care and justice systems. The pilot program will leverage eight hundred seventy-five

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thousand dollars ($875,000) of HUD/DOJ grant funds. Contract agreements with the executive

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office of health and human services, the amount of bonds issued by the executive office pursuant

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to this chapter shall not exceed one million five hundred thousand dollars ($1,500,000) per fiscal

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year or six million dollars ($6,000,000) in the aggregate over the five (5) years of the pilot program,

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as determined by the department; provided, no agreements shall be entered by the department after

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July 1, 2026, without further authorization by the general assembly.

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     42-160-6. Establishment of restricted receipt account.

 

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

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entitled or to be known as "Pay for Success." The account shall be housed within the budget of the

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executive office of health and human services and shall be utilized to record all receipts and

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program expenditures associated with this chapter. All such monies deposited shall be exempt from

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the indirect cost recovery provisions of § 35-4-27.

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     SECTION 9. Section 6 of this article shall take effect on January 1, 2022. All other sections

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of this article shall take effect upon passage.

 

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     ARTICLE 15

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RELATING TO EFFECTIVE DATE

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     SECTION 1. This act shall take effect as of July 1, 2021, except as otherwise provided

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herein.

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     SECTION 2. This article shall take effect upon passage.

 

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