2021 -- H 6122 SUBSTITUTE A | |
======== | |
LC002437/SUB A | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
____________ | |
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 |
| |
======== | |
LC002437/SUB A | |
======== | |
| LC002437/SUB A - Page 2 of 2 |
======= | ||
art.001/6/001/5/001/4/001/3/001/2/001/1 | ||
======= | ||
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
1 | 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 | |
|
| |
1 | 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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
1 | 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 | |
|
| |
1 | 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 | |
|
| |
1 | 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 | |
|
| |
1 | 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 | |
|
| |
1 | 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 | |
|
| |
1 | 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 | |
|
| |
1 | 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 | |
|
| |
1 | 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 | |
|
| |
1 | 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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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, | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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 | |
|
| |
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 | |
|
| |
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, | |
|
| |
1 | commandeer or utilize any private property if the governor finds this necessary to cope with the | |
2 | disaster emergency; | |
3 | (5) Direct and compel the evacuation of all or part of the population from any stricken or | |
4 | threatened area within the state if the governor deems this action necessary for the preservation of | |
5 | life or other disaster mitigation, response, or recovery; | |
6 | (6) Prescribe routes, modes of transportation, and destinations in connection with | |
7 | evacuation; | |
8 | (7) Control ingress and egress to and from a high risk area, the movement of persons within | |
9 | the area, and the occupancy of premises therein; | |
10 | (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, | |
11 | explosives, and combustibles; | |
12 | (9) Make provision for the availability and use of temporary emergency shelter; | |
13 | (10) Make and promulgate such rules and regulations as the governor may deem advisable | |
14 | for the assigning, detailing, and making available for duty and use in any city or town of this state | |
15 | any of the personnel, apparatus, or equipment of any police or fire department of any other city or | |
16 | town, or of any volunteer fire company, or of any fire district, and that personnel shall have the | |
17 | same powers, duties, rights, privileges, and immunities as if performing their duties in the city or | |
18 | town in which they normally would be employed, but the personnel shall obey the orders of the | |
19 | police and fire authorities of the city or town to which assigned, detailed, or made available. When | |
20 | assigned, detailed, or made available as aforesaid, the city or town in which the police or firemen | |
21 | shall perform outside duties shall provide them with subsistence or pay them a reasonable | |
22 | allowance therefor, and shall also be liable for any damage to the apparatus or equipment incurred | |
23 | while being so used; provided, however, that a city or town shall be reimbursed by the state out of | |
24 | the general fund of the state for all expenses incurred under the foregoing provisions of this | |
25 | subsection; | |
26 | (11) Designate as a special emergency health and sanitation area, any area within the state | |
27 | that has been seriously damaged by disaster, or in which the existence of any military, naval, or air | |
28 | establishment of the United States of America or of any industrial establishment constructed or | |
29 | enlarged for purposes of national defense, has caused an increase in the population of that area to | |
30 | such an extent as to produce unusual problems of health and sanitation. It is the duty of state health | |
31 | authorities and the local code enforcement officials to make and enforce rules and regulations | |
32 | designed to prevent the introduction of any contagious or infectious disease and to safeguard the | |
33 | public health within the area. The governor may promulgate and enforce additional rules and | |
34 | regulations for the protection of the public health within areas as may be necessary; | |
|
| |
1 | (12) Whenever, in the governor's opinion, due to a disaster there is liable to be a serious | |
2 | shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other | |
3 | pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the federal | |
4 | authorities are not adequately dealing with the situation, promulgate such rules and regulations as | |
5 | he or she, from time to time, deems necessary to regulate the sale, purchase, or distribution of those | |
6 | necessities and to prohibit and prevent the wasting, secreting, hiding, or hoarding of, or profiteering | |
7 | from, those necessities; additionally, during a declared time of state or national emergency, no | |
8 | person, firm, or corporation shall increase the price of any item it sells or offers for sale at retail | |
9 | immediately prior to the proclamation of emergency or during the proclaimed state of emergency. | |
10 | Nothing in this section shall prohibit the fluctuation in the price of items sold at retail that occurs | |
11 | during the normal course of business. Any person, firm, or corporation who or that violates any | |
12 | provision of this subsection shall be fined not more than one hundred dollars ($100); | |
13 | (13) Do all other things necessary to effectively cope with disasters in the state not | |
14 | inconsistent with other provisions of law; | |
15 | (14) Adopt and enforce measures to provide for the safe disposal of infectious waste as | |
16 | may be reasonable and necessary for emergency response due to a state disaster emergency. Such | |
17 | measures may include, but are not limited to, the collection, storage, handling, destruction, | |
18 | treatment, transportation, and disposal of infectious waste; | |
19 | (15) Adopt and enforce measures to provide for the safe disposal of corpses as may be | |
20 | reasonable and necessary for emergency response due to a state disaster emergency. Such measures | |
21 | may include, but are not limited to, the embalming, burial, cremation, interment, disinterment, | |
22 | transportation, and disposal of corpses; and | |
23 | (16) Compel a person to submit to a physical examination and/or testing as necessary to | |
24 | diagnose or treat the person. The medical examination and/or testing may be performed by any | |
25 | qualified person authorized by the department of health and must not be reasonably likely to result | |
26 | in serious harm to the affected individual. The medical examination and/or testing shall be | |
27 | performed immediately upon the order of the department of health without resort to judicial or | |
28 | quasi-judicial authority. If the department of health is uncertain whether a person who refuses to | |
29 | undergo medical examination and/or testing may have been exposed to an infectious disease or | |
30 | otherwise poses a danger to public health, the department of health may subject the individual to | |
31 | isolation or quarantine pursuant to § 23-8-4. | |
32 | (f) Nothing contained herein shall be construed to limit or restrict the power of the general | |
33 | assembly to appropriate any federal funds received by the state of Rhode Island pursuant to § 35- | |
34 | 4-22.1. | |
|
| |
1 | (g) Powers conferred upon the governor pursuant to the provisions of subsection (e) of this | |
2 | section for disaster emergency response shall not exceed a period of one hundred eighty (180) days | |
3 | from the date of the emergency order or proclamation of a state of disaster emergency, unless and | |
4 | until the general assembly extends the one hundred eighty (180) day period by concurrent | |
5 | resolution. | |
6 | 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: | |
|
| |
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 | |
|
| |
1 | 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 | |
|
| |
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 | |
|
| |
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; | |
|
| |
1 | 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: | |
|
| |
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 | |
|
| |
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; | |
|
| |
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 | |
|
| |
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; | |
|
| |
1 | (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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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 | |
|
| |
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. | |
|
|
======= | ||
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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. | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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, | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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. | |
|
| |
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: | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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: | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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; | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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). | |
|
| |
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. | |
|
| |
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" | |
|
| |
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 | |
|
| |
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 | |
|
| |
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- | |
|
| |
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 | |
|
| |
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 | |
|
| |
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). | |
|
| |
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). | |
|
| |
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 | |
|
| |
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: | |
|
| |
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. | |
|
| |
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 | |
|
| |
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: | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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, | |
|
| |
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, | |
|
| |
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 | |
|
| |
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: | |
|
| |
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. | |
|
|
======= | ||
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 | |
|
| |
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. | |
|
|
======= | ||
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. | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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, | |
|
| |
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 | |
|
| |
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; | |
|
| |
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 | |
|
| |
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. | |
|
| |
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; | |
|
| |
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. | |
|
| |
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: | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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: | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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. | |
|
| |
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. | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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%). | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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- | |
|
| |
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. | |
|
| |
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); | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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, | |
|
| |
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. | |
|
| |
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, | |
|
| |
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; | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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, | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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. | |
|
| |
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, | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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: | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
|
======= | ||
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 | |
|
| |
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; | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
|
| |
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 | |
|
| |
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 ($800,000) that is paid for the | |
32 | purchase of property or the interest in an acquired real estate company (inclusive of the value of | |
33 | any lien or encumbrance remaining at the time of the sale, grant, assignment, transfer or conveyance | |
34 | or vesting occurs, or in the case of an interest in an acquired real estate company, a percentage of | |
|
| |
1 | the value of such lien or encumbrance equivalent to the percentage interest in the acquired real | |
2 | estate company being granted, assigned, transferred, conveyed or vested). The tax imposed by this | |
3 | paragraph shall be paid at the same time and in the same manner as the tax imposed by paragraph | |
4 | (a). | |
5 | (bc) In the event no consideration is actually paid for the lands, tenements, or realty, the | |
6 | instrument or interest in an acquired real estate company of conveyance shall contain a statement | |
7 | to the effect that the consideration is such that no documentary stamps are required. | |
8 | (c) The tax administrator shall contribute | |
9 | (d) The tax shall be distributed as follows: | |
10 | (i) With respect to the tax imposed by paragraph (a): the tax administrator shall contribute | |
11 | to the distressed community relief program the sum of thirty cents ($.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 | |
|
| |
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 | |
|
| |
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 | |
|
| |
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. | |
16 | This act shall be known and may be cited as the "Rhode Island Pay for Success Act." | |
17 | 42-160-2. Legislative findings. | |
18 | The general assembly hereby finds and declares as follows: | |
19 | (1) Pay for success contracts are executed detailing the outcomes, associated repayment | |
20 | and evaluation process to be conducted by a third party. The proceeds are disbursed to a nonprofit | |
21 | organization(s) that will execute the intervention delivering services and other resources, such as | |
22 | housing, to the target population. An independent evaluator monitors the outcomes of the | |
23 | intervention to determine if success was met. If the intervention improves financial and social | |
24 | outcomes in accordance with established metrics, the government, as outcome payor, pays back the | |
25 | investors with interest using a portion of the savings accrued from the successful outcomes. If the | |
26 | evaluator determines that success was not met, meaning there is no improvement in financial or | |
27 | social outcomes, the investors lose money. | |
28 | (2) In 2016 the United States Department of Justice (DOJ) and the United States | |
29 | Department of Housing and Urban Development (HUD) awarded funding to the Rhode Island | |
30 | Coalition to End Homelessness to pursue a pay for success social impact bond in Rhode Island | |
31 | focusing on housing and supportive services for persons experiencing homelessness who are high | |
32 | utilizers of the health care and justice systems. The pilot program will leverage eight hundred | |
33 | seventy-five thousand dollars ($875,000) in outcome payment funding from the HUD/DOJ grant | |
34 | as well as the intervention and independent evaluation process described in the grant agreement. | |
|
| |
1 | 42-160-3. Annual reporting. | |
2 | (1) The executive office, in collaboration with the Rhode Island Coalition to End | |
3 | Homelessness, shall provide yearly progress reports to the general assembly beginning no later than | |
4 | January 30, 2022, and annually thereafter until January 30, 2027. These reports will include | |
5 | recommendations on a proposed structure for entering into pay for success contracts, for | |
6 | administering the program, and for any and all matters related thereto that the executive office | |
7 | deems necessary to administer future pay for success projects at the conclusion of the pilot program | |
8 | in 2026. As a condition of this project, HUD requires that a third party conduct a transparent and | |
9 | rigorous evaluation of the intervention to determine whether the outcomes have indeed achieved | |
10 | success. The evaluation results will be reported yearly to the governor and general assembly. | |
11 | 42-160-4. Definitions. | |
12 | For the purpose of this chapter: | |
13 | (a) "Performance targets" means the level of performance, as measured by an independent | |
14 | evaluator, which represent success. Success is defined in the pay for success contract. | |
15 | (b) "Independent evaluator" means an independent entity selected by the state whose role | |
16 | includes assessing and reporting on the achievement of performance targets at the frequency | |
17 | required in the pay for success contract. | |
18 | (c) "Success payments" refer to the payments that the state will make only if contractual | |
19 | performance targets are achieved as determined by the independent evaluator and approved by the | |
20 | office of management and budget. | |
21 | (d) "Pay for success contracts" are contracts designed to improve outcomes and lower costs | |
22 | for contracted government services that are subject to the following requirements: | |
23 | (1) A determination that the contract will result in significant performance improvements | |
24 | and budgetary savings across all impacted agencies if the performance targets are achieved; | |
25 | (2) A requirement that a substantial portion of any payment be conditioned on the | |
26 | achievement of specific outcomes based on defined performance targets; | |
27 | (3) An objective process by which an independent evaluator will determine whether the | |
28 | performance targets have been achieved; | |
29 | (4) A calculation of the amount and timing of payments that would be earned by the service | |
30 | provider during each year of the agreement if performance targets are achieved as determined by | |
31 | the independent evaluator; and | |
32 | (5) Payments shall only be made if performance targets are achieved. Additionally, the | |
33 | outcome payment made pursuant to this chapter shall not exceed ten percent (10%) more than actual | |
34 | costs incurred by program intermediary. | |
|
| |
1 | (1) "Coordinated entry system (CES)" means the partnership of all homeless service | |
2 | providers in the state through this initiative of the Rhode Island continuum of care. CES manages | |
3 | all diversion/entry to the shelter system through the coordinated entry hotline and manages the | |
4 | permanent housing placement part of the program, once persons are in a shelter or are living on the | |
5 | street. | |
6 | (2) "Executive office" means the Rhode Island executive office of health and human | |
7 | services. | |
8 | (3) "Homeless management information system (HMIS)" means the database used to | |
9 | collect information in order to track and report on the scope of homelessness prevention/assistance | |
10 | and human service needs across the Rhode Island continuum of care (COC) as well as individually | |
11 | at each organization. The Rhode Island Coalition to End Homelessness is the current HMIS state | |
12 | lead. | |
13 | (4) "Homelessness" means the category 1 and category 4 definitions outline by HUD: | |
14 | (i) Category 1-Literally homeless: the situation of an individual or family lacking a fixed, | |
15 | regular, and adequate nighttime residence, meaning: | |
16 | (A) Has a primary nighttime residence that is a public or private place not meant for human | |
17 | habitation; | |
18 | (B) Is living in a publicly or privately operated shelter designated to provide temporary | |
19 | living arrangements (including congregate shelters, transitional housing, and hotels and motels paid | |
20 | for by charitable organizations or by federal, state and local government programs); or | |
21 | (C) Is exiting an institution where he or she has resided for ninety (90) days or less and | |
22 | who resided in an emergency shelter or place not meant for human habitation immediately before | |
23 | entering that institution. | |
24 | (ii) Category 4-Fleeing/attempting to flee domestic violence: Any individual or family | |
25 | who: | |
26 | (A) Is fleeing, or is attempting to flee, domestic violence; | |
27 | (B) Has no other residence; and | |
28 | (C) Lacks the resources or support networks to obtain other permanent housing. | |
29 | (5) "Nonprofit organization" means a nonprofit organization that is exempt from federal | |
30 | taxation pursuant to § 501(c)(3) of the federal internal revenue code, 26 U.S.C. § 501(c)(3). | |
31 | (6) "Outcome payor" means the the Rhode Island state government. | |
32 | (7) "Permanent supportive housing (PSH)" means a permanent deeply subsidized unit, | |
33 | tenant or project based subsidy, with supportive services, generally for persons experiencing | |
34 | homelessness for long periods of time who also have other significant challenges such as disability | |
|
| |
1 | or mental illness. | |
2 | (8) "Social impact bond", "pay for success bond" or "bond" means a contract between the | |
3 | public and private sectors in which a commitment is made to pay for improved financial and social | |
4 | outcomes that result in public sector savings. These contract agreements are funded by | |
5 | appropriation. | |
6 | (9) "Target population" means highly vulnerable persons that experience long-term | |
7 | homelessness and incur significant costs within the criminal justice, shelter, and/or health care | |
8 | systems, likely related to their housing instability, with an estimated average per person cost of | |
9 | Medicaid claims for adults in shelter, top twenty-five (25) clients, totaling two hundred twenty- | |
10 | nine thousand, six hundred ninety-five dollars and forty-four cents ($229,695.44), as per the Rhode | |
11 | Island Medicaid and HMIS data match for adults in shelter. Eligibility will be confirmed by data | |
12 | matching, case conferencing, and coordination with health care providers and the coordinated entry | |
13 | system (CES); data sources will be provided by the department of corrections, executive office of | |
14 | health and human services, and the Rhode Island homeless management information system. | |
15 | (10) "Program intermediary" means a firm that contracts with a state agency to establish | |
16 | and delivery a service or program intervention by doing any of the following: | |
17 | (i) Delivering or contracting for relevant services or outcomes; | |
18 | (ii) Raising capital to finance the delivery of services or outcomes; | |
19 | (iii) Providing ongoing project management and investor relations for the social impact | |
20 | funding instrument. | |
21 | 42-160-5. Pilot program established. | |
22 | There is established a five (5) year pay for success pilot program to be administered by the | |
23 | Rhode Island executive office of health and human services. The pilot will follow the proposal | |
24 | outlined in the 2016 pay for success grant proposal to HUD and 2017 feasibility study. The pay for | |
25 | success project will provide a housing and supportive services intervention (PSH) for one hundred | |
26 | twenty-five (125) persons in Rhode Island experiencing homelessness who are high utilizers of the | |
27 | health care and justice systems. The pilot program will leverage eight hundred seventy-five | |
28 | thousand dollars ($875,000) of HUD/DOJ grant funds. Contract agreements with the executive | |
29 | office of health and human services, the amount of bonds issued by the executive office pursuant | |
30 | to this chapter shall not exceed one million five hundred thousand dollars ($1,500,000) per fiscal | |
31 | year or six million dollars ($6,000,000) in the aggregate over the five (5) years of the pilot program, | |
32 | as determined by the department; provided, no agreements shall be entered by the department after | |
33 | July 1, 2026, without further authorization by the general assembly. | |
34 | 42-160-6. Establishment of restricted receipt account. | |
|
| |
1 | There is hereby created within the general fund of the state a restricted receipt account | |
2 | entitled or to be known as "Pay for Success." The account shall be housed within the budget of the | |
3 | executive office of health and human services and shall be utilized to record all receipts and | |
4 | program expenditures associated with this chapter. All such monies deposited shall be exempt from | |
5 | the indirect cost recovery provisions of § 35-4-27. | |
6 | SECTION 9. Section 6 of this article shall take effect on January 1, 2022. All other sections | |
7 | of this article shall take effect upon passage. | |
|
|
======= | ||
art.015/2/017/1 | ||
======= | ||
1 | ARTICLE 15 | |
2 | RELATING TO EFFECTIVE DATE | |
3 | SECTION 1. This act shall take effect as of July 1, 2021, except as otherwise provided | |
4 | herein. | |
5 | SECTION 2. This article shall take effect upon passage. | |
|
|